law – Michmutters
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Australia

Victorian Voluntary Assisted Dying legislation telehealth obstacle prevents house-bound from accessing service

On his heyday, Alan Clark was a gun centre-forward who left everything on the field.

Footy was in his blood. He earned best and fairest accolades at almost every suburban club he played for and as a player-coach proudly led the Frankston reserves to a gritty grand final showdown in 1971.

They lost to the boys from Brunswick that day and the outcome still stings.

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US

Biden signs documents of US support for Sweden, Finland to join NATO

WASHINGTON, Aug 9 (Reuters) – US President Joe Biden on Tuesday signed documents endorsing Finland and Sweden’s accession to NATO, the most significant expansion of the military alliance since the 1990s as it responds to Russia’s invasion of Ukraine.

Biden signed the US “instrument of ratification” welcoming the two countries, the final step for their endorsement by the United States.

“It was and is a watershed moment I believe in the alliance and for the greater security and stability not only of Europe and the United States but of the world,” he said of their entry into the post World War Two alliance.

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The US Senate backed the expansion by an overwhelming 95-1 last week, a rare display of bipartisan unity in a bitterly divided Washington. Both Democratic and Republican Senators strongly approved membership for the two Nordic countries, describing them as important allies whose modern militaries already worked closely with NATO. read more

The vote was a sharp contrast with some rhetoric in Washington during the administration of former Republican President Donald Trump, who pursued an “America First” foreign policy and criticized NATO allies who failed to reach defense spending targets.

Sweden and Finland applied for NATO membership in response to Russia’s Feb. 24 invasion of Ukraine. Moscow has repeatedly warned both countries against joining the alliance.

Putin is getting “exactly what he did not want,” with the two countries entering the alliance, Biden said.

NATO’s 30 allies signed the accession protocol for Sweden and Finland last month, allowing them to join the nuclear-armed alliance once all member states ratify the decision. read more

The accession must be ratified by the parliaments of all 30 North Atlantic Treaty Organization members before Finland and Sweden can be protected by Article Five, the defense clause stating that an attack on one ally is an attack on all.

Ratification could take up to a year, although the accession has already been approved by a few countries including Canada, Germany and Italy.

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Reporting by Patricia Zengerle and Jeff Mason Editing by Mark Heinrich and Grant McCool

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Australia

South Australian shops could open earlier on Sundays and trade on Boxing Day under proposed legislation

Shops would be allowed to open two hours earlier on a Sunday under new laws set to go into state Parliament next month.

Consultation on the reforms has begun with Premier Peter Malinauskas describing the changes as “sensible”.

Under the proposal, shops will be allowed to trade from 9am on Sunday as opposed to the current laws which only allow them to open at 11am.

The bill would also also allow metropolitan shops outside the Adelaide CBD to operate on Boxing Day.

“It’s about getting the balance right. It’s supported by business, it’s supported by workers,” the Premier said.

The reforms tighten how exemptions are issued to allow trade on public holidays. The former Liberal government used those powers to allow stores to open in the suburbs on public holidays during the last term, including on Easter Monday.

“We don’t think a free-for-all in terms of the exemption regime that the former government sought to exploit is necessarily the right approach,” Mr Malinauskas said.

Boxing Day shopping Adelaide
Currently only shops in Adelaide CBD are allowed to trade on Boxing Day.(ABC News: Nicola Gage)

The opposition is yet to consider the amendments put forward by the government.

“I do note that on recent public holidays, South Australian shoppers who have gone to the shops have been very disappointed to find out that under the new regime those shops have been closed,” said opposition spokesperson John Gardner.

For the bill to pass parliament’s Upper House, Labor needs the support of either the Greens, SA Best or the Liberals.

Josh Peak SDA
SDA secretary Josh Peak will ensure the interests of retail workers are heard.(abcnews)

The union representing SA retail workers welcomed the proposal but say shop trading hours should not be at the expense of workers and local businesses to the interests of interstate and overseas supermarket giants.

“For us, this consultation is about protecting retail workers’ right to be treated with respect, to have a fair roster and to have public holidays off,” Shop Distributive and Allied Employees Association secretary Josh Peak said.

“Our shop trading hours are one of the reasons we have one of the most diverse and most competitive supermarket sectors in Australia and this must be safeguarded.”

Drakes Supermarket director John-Paul Drake was supportive of an early start on Sundays.

“We have line-ups at 11am at every store every Sunday,” he said.

“More money goes into the economy, we’d employ more people and they are going to get more hours — so it’s a win-win for everyone.”

He preferred the proposed rules to deregulating shopping hours, which he said would be a “free-for-all” and benefit the “duopoly in this state” the most.

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Categories
US

US Senate approves bill to fight climate change, cut drug costs in win for Biden

WASHINGTON, Aug 7 (Reuters) – The US Senate on Sunday passed a sweeping $430 billion bill intended to fight climate change, lower drug prices and raise some corporate taxes, a major victory for President Joe Biden that Democrats hope will aid their chances of keeping control of Congress in this year’s elections.

After a marathon, 27-hour weekend session of debate and Republican efforts to derail the package, the Senate approved the legislation known as the Inflation Reduction Act by a 51-50 party line vote Vice President Kamala Harris cast the tie-breaking ballot.

The action sends the measure to the House of Representatives for a vote expected Friday that could forward it, in turn, to the White House for Biden’s signature. In a statement, Biden urged the House to act as soon as possible and said he looked forward to signing the bill into law.

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“The Senate is making history,” an elated Senate Majority Leader Chuck Schumer said, after pumping his fists in the air as cheered Democrats and their staff members responded to the vote with a standing ovation.

“To Americans who’ve lost faith that Congress can do big things, this bill is for you,” he said. “This bill is going to change America for decades.”

Schumer said the legislation contains “the boldest clean energy package in American history” to fight climate change while reducing consumer costs for energy and some medicines.

Democrats have drawn harsh attacks from Republicans over the legislation’s $430 billion in new spending and roughly $740 billion in new revenue. read more

Nevertheless, Democrats hope its passage, ahead of an August recess, will help the party’s House and Senate candidates in the Nov. 8 midterm elections at a time when Biden is suffering from anemic public approval ratings amid high inflation.

The legislation is aimed at reducing carbon emissions and shifting consumers to green energy, while cutting prescription drug costs for the elderly and tightening enforcement on taxes for corporations and the wealthy.

Because the measure pays for itself and reduces the federal deficit over time, Democrats contend that it will help bring down inflation, an economic liability that has also weighed on their hopes of retaining legislative control in the run-up to the 2024 presidential election.

Republicans, arguing that the bill will not address inflation, have denounced the measure as a job-killing, left-wing spending wish list that could undermine growth when the economy is in danger of falling into recession.

Democrats approved the bill by using a parliamentary maneuver called reconciliation, which allows budget-related legislation to avoid the 100-seat chamber’s 60-vote threshold for most bills and pass on a simple majority.

After several hours of debate, the Senate began a rapid-fire “vote-a-rama” on Democratic and Republican amendments on Saturday evening that stretched into Sunday afternoon.

Democrats repelled more than 30 Republican amendments, points of order and motions, all intended to scupper the legislation. Any change in the bill’s contents wrought by an amendment could have unraveled the Democrats’ 50-senator coalition needed to keep the legislation on track.

NO CAP ON INSULIN COSTS

But they were unable to muster the votes necessary to retain a provision to cap soaring insulin costs at $35 a month on the private health insurance market, which fell outside the reconciliation rules. Democrats said the legislation would still limit insulin costs for those on Medicare.

In a foreshadowing of the coming fall election campaign, Republicans used their amendment defeats to attack vulnerable Democrats who are seeking reelection in November.

“Democrats vote again to allow chaos on the southern border to continue,” Senate Republican leader Mitch McConnell said in a statement that named Democratic Senators Mark Kelly of Arizona, Catherine Cortez Masto of Nevada, Maggie Hassan of New Hampshire and Raphael Warnock of Georgia. All four are facing tight contests for reelection.

The bill was more than 18 months in the making as Biden’s original sweeping Build Back Better plan was whittled down in the face of opposition from Republicans and key legislators from his own party.

“It required many compromises. Doing important things almost always does,” Biden said in a statement.

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Reporting by Richard Cowan, Rose Horowitch, David Morgan and Makini Brice; Editing by Scott Malone, Mary Milliken, Lisa Shumaker and Cynthia Osterman

Our Standards: The Thomson Reuters Trust Principles.

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US

Court records reveal more about Laurel’s quadruple homicide, suspect’s arrest | News

LAUREL — It took law enforcement less than 24 hours to arrest a suspect after four bodies were found in Laurel.

Jason A. Jones, 42, of Laurel was arrested Friday at 2:30 am in connection to four deaths found within blocks of each other, according to the Nebraska State Patrol. The four victims were found deceased in separate residences in the early-morning hours on Thursday.

Court records obtained by the Daily News have revealed more information about the alleged incident that led up to the victims’ deaths on Thursday.

According to the court records, a 911 call was made by a male around 3:30 am on Thursday after he heard an explosion that occurred at 209 Elm St. Laurel Fire and EMS arrived on the scene and located a woman lying inside the back door of the residence. She was pronounced dead on the scene after lifesaving attempts were unsuccessful.

Court records state that the woman appeared to have suffered two gunshot wounds. A bullet casing was found near her body.

The woman was later identified as Michelle Ebeling, 53, by the Nebraska State Patrol.

A fire also appeared to occur inside the residence after burn marks were observed on the floor, walls and furniture, according to the court records. The smell of smoke and gasoline was also present at the time, indicating that the fire had just occurred.

According to the records, a red fuel container could be observed and a discolored trail on the floor indicated that a fire accelerant was used on the scene.

A search warrant was later issued for Jones’ residence at 206 Elm. St, according to the court records. After entering the house, the Nebraska State Patrol SWAT team found several receipts in a black backpack.

Two receipts showed purchases from Cubby’s Gas Station and Rath’s Mini Mart in Laurel under Jones’ credit card, but it was not stated what he purchased from the gas station and liquor store.

However, another receipt found that a 6-gallon auto shutoff gas can, fuel tank and camping backpack were purchased from a department store in Sioux City, Iowa, under Jones’ credit card.

On Thursday, investigators met with an employee at Rath’s Mini Mart and viewed camera footage, which showed Jones pumping gas into two red gas cans, court records stated.

Shortly after the first incident was reported, a 911 call was made regarding smoke coming from a residence located at 503 Elm St.

Laurel Fire and EMS arrived on the scene and discovered soot damage consistent with fire, court records indicated.

According to the court records, three individuals were found in the residence, and all appeared to have gunshot wounds. The victims were Gene and Janet Twiford, 86 and 85, respectively, and Dana Twiford, 55. They were pronounced dead at the scene.

A firearm was found at the residence, which was purchased by Jones, according to the court records, which also stated that the gunshot wounds were consistent with the firearm found. However, the gunshot wounds to Ebeling appeared to have been shot by a different caliber firearm that has not been located, authorities said.

According to the court records, Jones will be charged with 10 felonies: Four counts of first-degree homicide, two counts of first-degree arson and four counts of use of a firearm to commit a felony.

The Nebraska State Patrol said on Friday that Jones was transported to CHI St. Elizabeth in Lincoln because of serious burn injuries. It is unclear at this time when his first court hearing will be.

It’s been more than a century since tragedy struck the Northeast Nebraska town of 1,000 people, according to Brenda Whalen, a resident of Laurel.

According to Whalen, the last time murder that happened in Laurel was during a 1918 shootout.

“Hopefully that was that century’s big news and this is this century’s big news and it never happens again,” Whalen said.

Whalen, who grew up in Laurel, said she was first aware that something had happened in her hometown when the fire whistle blew at around 3:14 am on Thursday. However, she didn’t hear about the day’s events until around 7:30 am

“It hurts your heart that something like this can happen in your little town because it’s safe here,” Whalen said.

Whalen said that she felt reassured for her safety when she saw the number of law enforcement authorities and firefighters in town. But at the same time, it also alarmed her to see that many law enforcement personnel.

“It still just didn’t feel real,” Whalen said. “It felt like it wasn’t a real event that was really happening here. It just felt like you were in a movie. It’s very hard to comprehend that it even happened yet.”

John Bolduc, superintendent of the Nebraska State Patrol, said in a news conference on Friday that more than 60 law enforcement officers were reportedly in town.

Whalen later found out that Jones had been arrested in connection to the quadruple homicide on Friday morning.

According to the state patrol, Jones lived across the street from one of the victims’ homes. He was later arrested at his residence, 206 Elm. St.

“It’s very shocking that the suspect could have been there across the street the whole entire day,” Whalen said, “while the police were present in the neighborhood.”

Whalen said that although she didn’t know Jones, she knew the victims well. She knew the Twifords from church, and Ebeling was a frequent customer in her store, Laurel’s Hometown Market.

“We are a very safe community, tight-knit community; we’ll make it through this,” Whalen said. “It’s not going to be over for a while. And I think learning more about what and why it happened will be helpful to help the community heal.”

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Categories
US

US Senate Democrats battle to pass $430 billion climate, drug bill

WASHINGTON, Aug 6 (Reuters) – The US Senate on Saturday began debating a Democratic bill to address key elements of President Joe Biden’s agenda – tackling climate change, lowering the costs of medication for the elderly and energy, while forcing corporations and the wealthy to pay more taxes.

The debate began after the Senate voted 51-50 to move ahead with the legislation. Vice President Kamala Harris broke a tie vote, with all 50 Republicans in opposition.

The Senate was set to debate the bill for up to 20 hours before diving into an arduous, time-consuming amendment process called a “vote-a-rama.”

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Democrats and Republicans were poised to reject each other’s amendments, as Senate Majority Leader Chuck Schumer maneuvered to keep a his 50-member caucus united behind a bill that was negotiated over several months. If even one Democrat were to peel off, the entire effort would be doomed in the evenly split 50-50 Senate. read more

Earlier in the day, the Senate parliamentarian determined that the lion’s share of the healthcare provisions in the $430 billion bill could be passed with only a simple majority, bypassing a filibuster rule requiring 60 votes in the 100-seat chamber to advance most legislation and enabling Democrats to pass it over Republican objections.

Democrats hope that the legislation will give a boost to their candidates in the Nov. 8 midterm elections in which Biden’s party is in an uphill battle to retain its narrow control of the Senate and House of Representatives. The Democrats cast the legislation as a vehicle to combat inflation, a prime concern of US voters this year.

“The bill, when passed, will meet all of our goals: fighting climate change, lowering healthcare costs, closing tax loopholes abused by the wealthy and reducing the deficit,” Schumer said in a Senate speech.

There are three main parts to the bill’s tax provisions: a 15% minimum tax on corporations and the closing of loopholes that the wealthy can use to avoid paying taxes; tougher IRS enforcement; and a new excise tax on stock buybacks.

The legislation has $430 billion in new spending along with raising more than $740 billion in new revenues. read more

Democrats have said the legislation by 2030 would result in a 40% reduction in US carbon emissions, blamed for climate change.

‘PRICE-FIXING’

The measure would also allow the Medicare government health insurance program for the elderly to begin negotiating in 2026 with the pharmaceutical industry over prices on a limited number of prescription drug prices as a way of reducing costs. It also would place a $2,000-per-year cap on out-of-pocket medication costs under a Medicare drug program.

Senate Republican Leader Mitch McConnell attacked the provision involving negotiating drug prices, comparing it to past “price-fixing” attempts by countries such as Cuba, Venezuela and the former Soviet Union.

“Their policy would bring about a world where many fewer new drugs and treatments get invented in the first place as companies cut back on R&D,” McConnell said in a floor speech, referring to research and development.

While senators debated the policies embedded in the bill, its political ramifications were also on display.

In a speech at the Conservative Political Action Conference (CPAC) on Saturday, former President Donald Trump predicted fallout for Kyrsten Sinema and Joe Manchin, two key Democratic senators: “If this deal passes, they are both going to lose their next elections.”

But Manchin and Sinema are not up for re-election until 2024 and many of the provisions of the bill are popular with voters.

The legislation is a scaled-down version of a far broader, more expensive measure that many Democrats on the party’s left had hoped to approve last year. That measure stalled when Manchin, a centrist, balked, complaining that it would exacerbate inflationary pressures.

The bill calls for billions of dollars to encourage the production of more electric vehicles and foster clean energy, though automakers say sourcing rules will sharply limit how many electric vehicles qualify for tax credits.

It would also set $4 billion in new federal drought relief funds, a provision that could help the re-election campaigns of Democratic Senators Catherine Cortez Masto in Nevada and Mark Kelly in Arizona.

One provision cut from the bill would have forced drug companies to refund money to both government and private health plans if drug prices rise more quickly than inflation.

Independent Senator Bernie Sanders, a leading progressive, has criticized the bill for failing to go far enough and said he planned to offer amendments that would revive a series of social programs he pushed last year, including broadening the number of prescription drugs Medicare could negotiate prices on and providing government-subsidized dental, vision and hearing aid.

His amendments were expected to fail.

Republicans have signaled that they will offer amendments touching on other issues, including controlling immigrants coming across the US border with Mexico and enhancing policing to curtail rising crime rates in American cities since the onset of the COVID-19 pandemic.

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Reporting by Richard Cowan and Makini Brice; additional reporting by Valerie Volcovici, David Shepardson and Kanishka Singh; Editing by Will Dunham, Scott Malone and Lisa Shumaker

Our Standards: The Thomson Reuters Trust Principles.

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Australia

Law Society of SA calls for ICAC review over concerns rushed legislation fails the pub test

South Australian lawyers say “hurried” anti-corruption laws allow public officials convicted of certain crimes to charge taxpayers for their legal fees, and parliament’s handling of the laws “fails the pub test”.

Last week, an ABC exclusive report outlined the implications of a little-understood change to the state’s Independent Commissioner Against Corruption (ICAC) Act.

The legislation was passed unanimously by South Australia’s parliament following less than 24 hours of debate last year.

It allows MPs and public servants to claim their legal costs back for offenses including deception, theft and dishonestly dealing with documents, because those crimes no longer fall within the ICAC Act’s definition of corruption.

Barrister and Center for Public Integrity director Geoffrey Watson last week said the public should be “outraged” by the provision, and he had “never heard of such a generous repayment scheme for government officials at the public’s expense”.

“In simple terms, a politician could be caught out in an act of corruption, defend it, be found guilty and be the subject of scathing observations by a magistrate, and then recover his or her costs for having unsuccessfully defended the matter,” Mr Watson said.

Geoffrey Watson SC
Center for Public Integrity director Geoffrey Watson said last week the public should be “outraged” by the provision.(abcnews)

In a written submission to Attorney-General Kyam Maher, the Law Society of SA said its Civil Litigation Council had examined the provisions to “provide some clarity”.

It found the reimbursement provisions applied at certain points in legal proceedings.

“A public officer who is the subject of ICAC investigation can only apply for legal costs that relate to the investigation itself, and NOT the costs incurred once charged, such as the costs of defending criminal proceedings,” president Justin Stewart-Rattray said.

“The Act does indicate that a person can also be reimbursed for any reviews or appeals arising out of an ICAC investigation.

“The Attorney-General has no discretion to deny reimbursement once the conditions are satisfied … [and] effectively, reimbursement is to be provided unless the person is convicted of an indictable offense that constitutes ‘corruption in public administration’.”

A man wearing a suit and colorful tie speaks to the media
The Law Society provided a written submission to Attorney-General Kyam Maher.(ABC News: Ethan Rix)

The Law Society said it had not formed a position regarding whether such reimbursement was appropriate or not.

It said strict secrecy provisions, “trifling or accidental” offending, and the financial burden placed on individuals “not wealthy enough to fund a private lawyer for prolonged periods” could be viewed as justifications for the provision.

“The Society notes that the question of whether such a policy should be adopted would be a matter for further consultation,” it wrote.

Parliament’s handling of laws ‘fails the pub test’

The Law Society again called for a full review of the legislation, following “extremely limited and inadequate consultation”.

“The Society is concerned by suggestions in recent media coverage that parliamentarians who voted for the ICAC reforms were not aware of or did not fully appreciate the effect of the provisions,” Mr Stewart-Rattray said.

“The Society believes a wider review of the ICAC Act would be appropriate, given other potential knock-on effects of the ICAC reforms that the Law Society has previously identified.

“The public should expect parliamentarians themselves to robustly discuss the merits of proposed legislation.

“When there is an actual or perceived attempt to hurry legislation through with minimal scrutiny, it tends to fail the ‘pub test’.

“But more significantly, it can lead to bad law.”

justin stewart rattray
Law Society of SA president Justin Stewart-Rattray has called for a full review of the legislation.(Supplied: Law Society of SA/Tom Roschi Photography)

Last week, both Premier Peter Malinauskas and Attorney-General Kyam Maher said they would seek further advice regarding the reimbursement provisions.

In a statement, a state government spokesman said: “The Law Society’s views on this matter will be provided to and taken into account by those advising the Attorney-General on this issue.”

Former Liberal MPs Troy Bell and Fraser Ellis are currently before the courts, charged over their use of the Country Members Accommodation Allowance (CMAA).

The scheme allowed regional MPs to be reimbursed for nights spent in Adelaide on official business.

Both are charged with deception offenses for allegedly claiming tens of thousands of dollars they were not entitled to.

Both MPs strenuously deny any wrongdoing.

Irrespective of the outcome in the court, they are eligible to claim legal costs.

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Categories
US

Key US Senator Sinema agrees to $430 billion drug, energy bill

WASHINGTON, Aug 4 (Reuters) – Democratic US Senator Kyrsten Sinema said on Thursday she agreed to “move forward” on a $430 billion drug pricing, energy and tax bill, subject to a Senate arbitrator’s approval of the bill, which Democrats intend to pass over Republican objections.

Senate Majority Leader Chuck Schumer said earlier on Thursday the chamber would convene on Saturday to vote on a motion to proceed and then begin debate on the bill.

The bill known as the Inflation Reduction Act, introduced last week by Schumer and Democratic Senator Joe Manchin, is a key priority for Democrats and President Joe Biden ahead of November’s election battle for control of the US Congress.

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The act will help people save money on prescription drugs and health premiums, Biden said in a statement on Thursday.

“It will make our tax system more fair by making corporations pay a minimum tax,” he said.

With the 100-seat Senate split 50-50, Democrats plan to pass the bill without Republican support through a parliamentary process known as reconciliation.

But they cannot afford to lose support from a single lawmaker. Sinema’s agreement was a critical breakthrough. Another worry is COVID-19 – senators can only vote in person, so Schumer will need his full caucus to be present and healthy to pass the measure if Republicans remain unified in opposition.

Sinema said she had reached an agreement with other Democrats to remove a provision that would impose new taxes on carried interest. Without the provision, private equity and hedge fund financiers can continue to pay the lower capital gains tax rate on much of their income, instead of the higher income tax rate paid by wage-earners.

She cautioned that her agreement to “move forward” was subject to the review of the Senate parliamentarian. The parliamentarian has to approve the contents of the bill to allow it to move forward through the “reconciliation” process that Democrats plan to use to bypass the chamber’s normal rules requiring 60 Senators to agree to advance most legislation.

Schumer, in a statement, said, he believed he now had the votes to pass the bill.

“The agreement preserves the major components of the Inflation Reduction Act, including reducing prescription drug costs, fighting climate change, closing tax loopholes exploited by big corporations and the wealthy, and reducing the deficit by $300 billion,” Schumer said.

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Reporting by Scott Malone, Additional reporting by Shivani Tanna in Bengaluru; Editing by Daniel Wallis, Shri Navaratnam and Tom Hogue

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Australia

Harley Thompson found not criminally responsible for fatal Bomaderry house fire

New South Wales South Coast man Harley Thompson, accused of murdering his neighbor in a house fire, has been found not criminally responsible for the death.

The 27-year-old sat in the Mid North Coast Correction Center in Kempsey watching the verdict via a video link today as it was read in the Nowra Supreme Court.

Wearing prison greens with a shaven head and mullet, he was quiet and still through the proceedings.

Mr Thompson initially lied to police about starting the fire on July 31, 2020, but later acknowledged that he did.

Cameron Johnston, 49, was killed in the fire.

Mr Thompson had repeatedly threatened Mr Johnson at his Bomaderry house on the night of the fire, smashed windows and yelled profanity-laden abuse at the man he did not know.

Phone records show Mr Johnson had called police and his housing provider on the night to report what was happening and that he and his son were “scared with just about every window smashed.”

Mr Thompson then “chucked” petrol through the windows of the house and set fire to the curtains.

Neighbors gave evidence that they heard Mr Johnston’s son scream “Dad, dad, dad” and a short time later heard Mr Thompson yell “Burn ****, burn”.

They said he later laughed while almost sounding excited.

An autopsy found Mr Johnston died from carbon monoxide toxicity and had suffered burns to multiple areas of his body.

Mr Thompson’s lawyers said during a trial over the past couple of weeks that he was not responsible for the crime because he had a mental health impairment.

Prosecutors argued he had feigned his symptoms.

the exterior of a brick court building with an arched entrance
The Supreme Court verdict was delivered in the Nowra Courthouse.(ABC Illawarra: Ainslie Druitt-Smith)

‘Satisfied’ with defense of mental health

In his verdict, Justice Michael Walton said he accepted the evidence provided by two expert psychiatrists as well as clinical assessments.

They diagnosed Mr Thompson with schizophrenia or schizoaffective disorder or depression with psychotic features.

It created severe delusions and auditory hallucinations.

One expert suggested the symptoms had presented when Mr Thompson was admitted to hospital in Victoria in November 2019.

Dr Andrew Ellis gave evidence that Mr Thompson’s symptom of echo des Pensée, which he described as “a very technical psychiatric term of hearing your own thoughts spoken out loud”, was not identified at the time.

Justice Walton told the court having considered all the evidence he was “satisfied that the defense of mental health impairment is established”.

“I have experienced temporary or ongoing disturbances of thought, perception, mood and mostly likely memory,” Justice Walton told the court.

“The disturbances were regarded by the experts as significant for clinical diagnostic purposes and the disturbances significantly impact judgement.”

He said while Mr Thompson also had a substance abuse problem, his impairment was his underlying mental health condition.

“I am satisfied that the accused knew of the nature and the quality of his act but did no reason with a moderate degree of sense and composure about whether the act, as perceived by a reasonable person, was wrong,” Justice Walton said.

“The verdict that will be entered on the indictment is ‘act proven but not criminally responsible’.”

A victim impact statement from Mr Johnston’s son, who was watching the verdict via the video link, was presented but not read aloud in the court.

“I express the condolence of the court and the community to the family and friends of Mr Johnston and in particular Mr Johnston’s father, brother and son,” Justice Walton said.

The Justice ordered Mr Thompson be detained and held under the supervision of the Mental Health Review Tribunal because of his history of escalating mental illness.

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Categories
US

80% of NYC gun suspects get released from custody following arrest: Eric Adams

More than 80% of pistol-packing perps were put back on the streets after getting busted for gun possession in New York City this year, Mayor Eric Adams said Wednesday.

“When it comes to guns, this year, 2,386 people were arrested with a gun. Of those, approximately 1,921 are out on the street,” Adams said during a news conference on bail reform and recidivism.

“Arrested with a gun, out on the street.”

Adams added: “Gun arrests in custody: 19.5%. Out of custody: over 80%.”

“How do you take a gun law seriously when the overwhelming numbers are back on the streets after carrying a gun?” I have asked.

Adams also highlighted the number of gun suspects who’ve been re-arrested — and re-released.

“This year, 165 people were arrested with a second gun charge,” he said.

“Of those, 82 — out on the street. Not one arrest but two gun arrests — back out on the street,” he smoked.

This is the highest percentage in years.
Major Eric Adams questioned how anyone could take a gun law seriously if they are released from custody so quickly.
NYC Special Narcotics Prosecutor
This is the highest percentage in years.
Around 80% of perps for gun arrests are released to the streets.
Robert Miller

Adams didn’t specify how many defendants were released without bail or how many posted bail to get sprung.

All gun-possession charges are eligible for bail under New York law, which requires judges to impose the least restrictive conditions necessary to ensure defendants return to court.

In 2019, the year before the state’s controversial bail reform law took effect, “we arrested 80 people for a gun crime who had an open gun arrest,” Adams said.

Major Eric Adams
Adams has continuously challenged state lawmakers on bail reform.
Robert Miller

In 2021, he said, “the number was 259” — more than three times as many.

Adams also said that in 2019, 20 people arrested in shootings already had pending gun-possession charges but that last year, the number spiked nearly fourfold, to 77.

Also during Wednesday’s news conference at One Police Plaza, NYPD Chief of Crime Control Strategies Michael Lipetri said, “We like to talk about credible messengers when we work with our social service providers … to deliver the message to the crew member about stop the violence. ”

But Lipetri said that “the credible messenger today in New York City is the crew member that was arrested with a gun yesterday, that’s out today, that’s telling that crew, ‘Well, look at me, I can carry a gun in New York City .’”

Lipetri said the NYPD was investigating 716 suspected of committing 30% of the roughly 2,400 shootings that have taken place since 2021.

“Of those individuals, 54% — almost 385 — today have an open felony,” he said.

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