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“It’s the court of public opinion”: Sarah Ferguson condemns Phillip Schofield backlash

<p dir="ltr">Sarah Ferguson has spoken out against the wave of judgement directed at former This Morning presenter Phillip Schofield and the relationship scandal that swept the world. </p> <p dir="ltr">The 63-year-old Duchess of York was chatting to businesswoman Sarah Jane Thomson on her podcast, <em>Tea Talks</em>, when conversation turned to Schofield, and his controversial affair with a man - and co-worker - 30 years younger than him. </p> <p dir="ltr">When news of the affair broke, Schofield stepped down from his 20 year position as the face of This Morning. He later confessed to the Daily Mail that he had lied about the relationship, and <a href="https://www.oversixty.com.au/news/news/i-will-die-sorry-phillip-schofield-breaks-his-silence-on-his-career-ending-affair">informed <em>The Sun </em>that he was “not a groomer”</a>, despite public opinion.</p> <p dir="ltr">Criticism for the disgraced host flooded social media in the wake of the whole ordeal, with the story and its related rumours splashed across publications worldwide, and it was the backlash that Ferguson wanted to address, namely the idea of ‘cancel culture’ at the centre of it all. </p> <p dir="ltr">Thomson prompted the discussion by comparing social media’s take to a “huge game of Chinese whispers”, to which Ferguson responded that “it’s like the court of public opinion.”</p> <p dir="ltr">“And then [that can lead to] massive bullying to the point of extermination of a soul,” she added. “I don’t believe that anybody has that right to judge and exterminate a person’s own beliefs.”</p> <p dir="ltr">From there, Ferguson encouraged listeners not to leap to assumptions, as “we all have failings”. She asked that everyone instead take a moment “or make a cup of tea before you judge another human being without knowing all the facts”. </p> <p dir="ltr">“We don’t know the facts,” she pointed out. “We certainly don’t know what people get up to.”</p> <p dir="ltr">Thomson had her own thoughts to share on the matter, noting that “the problem is, when you’re in the public eye, any failing you make is there to be talked about, and the rest of us don’t have that. </p> <p dir="ltr">“We don't have that deep examining of where we've gone wrong, and then it's reflected over and over and over.”</p> <p dir="ltr">And while the two had made their point, Ferguson took a moment to discuss a - in her opinion “spot on” - article by Jeremy Clarkson for the<em> Sunday Times</em>, in which he wrote about the public’s race to condemn Schofield.</p> <p dir="ltr">“I’ve never seen a witch-hunt like it,” he said, “and what baffles me most of all is that, as things stand, no crime has been committed. I don’t know him at all well and have no skin in the game, but it seems to me he is only guilty of being what he said he was: gay.”</p> <p dir="ltr">In the article, Clarkson went on to note that the age gap between Schofield and his partner in the affair was receiving a different degree of attention to heterosexual stars in similar relationship situations - from the likes of Leonardo DiCaprio, who frequently dates women significantly younger than himself, and Al Pacino’s 54-year age gap with his pregnant partner.</p> <p dir="ltr">“Phil is no longer the genial host of some morning-time televisual cappuccino froth,” Clarkson surmised. “According to the people's court of social media, he's like his brother, a nonce.”</p> <p dir="ltr"><em>Images: Getty</em></p>

Relationships

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Man faces court after one-punch attack kills world champion surfer

<p>A man has faced court over the deadly one-punch assault that claimed the life of former professional surfer Chris Davidson. </p> <p>The former elite surfer is being mourned by the sporting community after he was attacked outside a pub on the mid-north coast of New South Wales. </p> <p>Police said they were called to Sportsmans Way at South West Rocks just after 11pm on Saturday following reports a man had been punched in the face, fallen and hit his head on the pavement.</p> <p>Officers arrived on the scene where they found 45-year-old Davidson unconscious on the pavement. </p> <p>He was treated at the scene by paramedics before being taken to the nearby Kempsey Hospital, where he died a short time later.</p> <p>A 42-year-old man was arrested at a nearby home early on Sunday, and was charged with assault causing death.</p> <p>At Port Macquarie Court on Sunday, he was refused bail. </p> <p>Surfing Australia says the sport's community is mourning the loss of the man affectionately known as "Davo".</p> <p>"Davo was an incredibly talented surfer and a true individual in our sport and community," the organisation said on Facebook.</p> <p>"Our thoughts go out to his two children, friends and family at this time."</p> <p>Eleven-time World Surf League champion Kelly Slater, who Davidson beat in two consecutive heats at Bells Beach as a 19-year-old wildcard entrant in 1996, called him one of the most naturally talented surfers he ever knew.</p> <p>"Lost another soldier yesterday. #RipChrisDavo. Had many a good battle with this guy," Slater said on Instagram.</p> <p><em>Image credits: Getty Images</em></p>

Legal

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Damning footage filmed by Buxton crash survivor emerges in court

<p dir="ltr">Tyrell Edwards, the 18-year-old driver and sole survivor of a devastating car crash that killed five teens, filmed himself driving dangerously beforehand, according to court documents.</p> <p dir="ltr">Edwards was driving a Nissan Navara ute when it crashed into two trees near the village of Wollondilly Shire in Buxton on Tuesday night, resulting in the deaths of three girls and two boys aged between 14 and 16.</p> <p dir="ltr">Appearing in local court on Thursday on five charges of dangerous driving occasioning death, Edwards was refused bail after prosecutors said a video allegedly filmed in the lead-up to the crash showed he had a high level of moral culpability and supported several aspects of the charges.</p> <p dir="ltr">According to a summary of police facts, Edwards filmed the video with his phone about an hour before the crash, with the clip showing him driving with two of the victims.</p> <p dir="ltr">He is seen holding his phone while aggressively turning the steering wheel, with loud music playing in the background.</p> <p dir="ltr">“We’re going to spin out cuz,” a male in the car can be heard saying.</p> <p dir="ltr">Police allege that, in the moments before the crash, Edwards drove at high speed, lost control, crossed onto the wrong side of the road and travelled for about 40 metres along a grassy road shoulder.</p> <p dir="ltr">Investigations suggest the car rotated for about 50 metres before hitting a tree then spun in the opposite direction before hitting a second tree.</p> <p dir="ltr">The force of the impact caused the ute cabin to be torn open, ripping the rear seat from the car and throwing the five victims out.</p> <p dir="ltr">According to court documents, witnesses overheard Edwards say, “I f***ed up, I’m going to jail.”</p> <p dir="ltr">Edwards told police after the crash that the ute span out of control following a steering fault where the wheel was “shaking, going left to right”, and that braking failed to stop the vehicle.</p> <p dir="ltr">He appeared via video link in Picton Local Court after a crowd of family members and friends descended on the court, with the 18-year-old to remain in custody until his next court appearance on November 16.</p> <p dir="ltr">The court was told that Edwards finished Year 11 last year at Picton High School - the same school the five victims attended - and now works as a labourer.</p> <p dir="ltr">Picton Magistrate Mark Douglass concluded that Edwards posed a risk to the community and could tamper with witnesses due to his strong ties to the community.</p> <p dir="ltr">“It’s not an easy decision - he is a young man who has never been in custody,” Douglass said.</p> <p dir="ltr">Edwards had previously held a driving licence for a short period of time before he accumulated two speeding offences and had it suspended earlier this year.</p> <p dir="ltr">Outside court, Exaven Desisto, the father of crash victim Antonio, told the media that he didn’t want to see anyone behind bars.</p> <p dir="ltr">“I’ve got to visit my son at the f***ing morgue,” he said.</p> <p dir="ltr">Superintendent Paul Fuller, the chief of Camden Police who has 38 years of experience in the force, described the crash site as “one of the worst accident scenes I have ever come across”.</p> <p><span id="docs-internal-guid-17692387-7fff-2845-016e-9e05d3d8a8d5"></span></p> <p dir="ltr"><em>Image: Nine News (Twitter)</em></p>

Legal

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Court short over Serena's final flourish

<p dir="ltr">Margaret Court has called out Serena Williams following her retirement after losing against Aussie Alja Tomljanovic.</p> <p dir="ltr">The US tennis champion’s career came to an end after she lost to Ajla Tomljanovic 7-5 6-7 (4-7) 6-1 in the third round of the US Open.</p> <p dir="ltr">This means Court will hold onto her grand slam record that Williams has tried besting for a long time.</p> <p dir="ltr">Despite the win for Court, she didn’t hold back when she called out the US player who she says should have spoken more about her opponent following her loss.</p> <p dir="ltr">“Serena, I’ve admired her as a player, but I don’t think she has ever admired me,” Court told The Telegraph UK.</p> <p dir="ltr">“I thought it was bad that Williams didn’t mention her opponent more when she spoke.</p> <p dir="ltr">“We were taught to be role models for the young, in how we behaved. We were taught to honour our opponent. You learned from your losses. We respected one another.”</p> <p dir="ltr">In her retirement speech, Williams mentioned Court and slammed those who said she doesn’t deserve to be the GOAT (greatest of all time) because of her loss.</p> <p dir="ltr">“There are people who say I’m not the GOAT because I didn’t pass Margaret Court’s record of 24 grand slam titles, which she achieved before the ‘open era’ that began in 1968,” Williams said.</p> <p dir="ltr">“I’d be lying if I said I didn’t want that record. Obviously I do. But day to day, I’m really not thinking about her. If I’m in a grand slam final, then yes, I am thinking about that record. Maybe I thought about it too much, and that didn’t help.</p> <p dir="ltr">“The way I see it, I should have had 30-plus grand slams.”</p> <p dir="ltr">Court went on to single out tennis organisers who she claims completely ignored her at Wimbledon, and the lack of invitations for other big tennis events.</p> <p dir="ltr">“It’s very sad, because a lot of the press and television today, particularly in tennis, don’t want to mention my name,” she said.</p> <p dir="ltr">“It’s only when they have to, because I still hold so many records. In 2020, I was meant to be coming to Wimbledon for the 50th anniversary of my calendar grand slam.</p> <p dir="ltr">“But then Covid hit, so the honour never happened. The French Open didn’t invite me, the US Open didn’t invite me. Rod Laver had won the slam and I was going to be honoured in the same way, but no.</p> <p dir="ltr">“I didn’t lose any sleep over it. But the honour has not been there for what I did do. In my own nation, I have been given titles, but they would still rather not mention me.”</p> <p dir="ltr"><em>Images: Getty</em></p>

Retirement Life

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Archie Battersbee passes away in hospital

<p dir="ltr">After being in a comatose state for four months, 12-year-old Archie Battersbee has died at a London hospital, despite his family's weeks-long legal battle to keep him alive.</p> <p dir="ltr">Archie’s mother, Hollie Dance, said he died on Saturday afternoon, two hours after his treatment stopped.</p> <p dir="ltr">“It's with my deepest sympathy and sadness to tell you all that Archie passed at 12:15pm today," Dance said.</p> <p dir="ltr">"Can I just say that I'm the proudest mum in the world, such a beautiful little boy, and he fought right until the very end, and I'm so proud to be his mum."</p> <p dir="ltr">After a series of legal bids to prevent doctors from withdrawing his life support treatment, the British High Court rejected the family’s request that Archie be moved to a hospice, arguing his condition was so unstable that moving him would hasten his death.</p> <p dir="ltr">"Their unconditional love and dedication to Archie is a golden thread that runs through this case,″ High Court judge Lucy Theiss wrote in her decision on Friday.</p> <p dir="ltr">"I hope now Archie can be afforded the opportunity for him to die in peaceful circumstances, with the family who meant so much to him as he clearly does to them."</p> <p dir="ltr">Archie’s parents then appealed to the Court of Appeal and European Court of Human Rights to challenge the decision, but both courts refused to take the case.</p> <p dir="ltr">The young boy was found unconscious at home with a ligature over his head on April 7, with his parents believing he was taking part in an online challenge that went wrong.</p> <p dir="ltr">Doctors concluded that Archie was brain-stem dead soon after the incident and sought to end the treatments keeping him alive, including artificial respiration, medication that regulated his bodily functions, and around-the-clock care from nurses.</p> <p dir="ltr">His parents argued that Archie had shown signs of life and disagreed with the doctors’ decision, sparking a legal battle across several UK courts.</p> <p dir="ltr">After Archie’s medication was stopped, Ella Carter, the fiancé of Archie’s eldest brother, Tom, said he was stable for about two hours.</p> <p dir="ltr">But, when his ventilator was turned off, Archie’s condition rapidly declined.</p> <p dir="ltr">"He went completely blue,'' she said. "There is absolutely nothing dignified about watching a family member or a child suffocate.</p> <p dir="ltr">"No family should ever have to go through what we've been through. It's barbaric."</p> <p dir="ltr">The Royal London Hospital, where Archie was treated, expressed its condolences and thanked the doctors and nurses who cared for the boy.</p> <p dir="ltr">"They provided high quality care with extraordinary compassion over several months in often trying and distressing circumstances,'' said Alistair Chesser, chief medical officer of Barts Health NHS Trust, which runs the hospital.</p> <p dir="ltr">"This tragic case not only affected the family and his carers but touched the hearts of many across the country.''</p> <p dir="ltr">Following Archie’s passing, Ilora Finlay, a professor of palliative medicine and a member of the House of Lords, said she hopes the Conservative government will hold an independent inquiry into alternative ways of handling cases like Archie’s without going through the legal system.</p> <p dir="ltr">"The parents don't want to go to court. The doctors don't want to go to court. The managers don't want to go to court," Professor Finlay told <em>Times Radio</em>.</p> <p dir="ltr">"My worry is that these cases are going forward to court too quickly and too early, and that we need an alternative way of managing the communication between the doctors and the parents."</p> <p dir="ltr">Professor Finlay said parents being in shock makes it difficult for them to accept that their child has suffered a catastrophic brain injury, which requires patience from those caring for their children.</p> <p dir="ltr">"When there's brain injury, often their child looks intact, so their face looks as it always did,'' she said.</p> <p dir="ltr">"So understanding what has gone on inside the brain and the amount of injury is something that needs to be sensitively explained to parents, and that takes time."</p> <p><span id="docs-internal-guid-e938c156-7fff-503f-9e2f-2f4baf0e2f95"></span></p> <p dir="ltr"><em>Image: Hollie Dance (Facebook)</em></p>

Caring

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US Olympic gold medallist jailed by Russian court

<p>US Olympic gold medallist Brittney Griner has been charged with drug possession and smuggling, and sentenced to nine years in a Russian prison. </p> <p>The 31-year-old basketball champion listened to the judge's verdict with a blank expression as an interpreter translated the ruling by Judge Anna Sotnikova, with her lawyers later saying she was "very upset." </p> <div class="block-content" style="box-sizing: border-box; margin: 16px 0px; padding: 0px; border: 0px; font-stretch: inherit; line-height: 24px; vertical-align: baseline;"> <p>Griner also was fined 1 million rubles, or approximately $23,110.</p> <p>Brittney pled guilty to the charges, but admitted she "had no intention of breaking Russian law", as she explained that she accidentally packed the cannabis vape canisters in haste before her flight. </p> <p>US President Joe Biden denounced Brittney's verdict and sentence as "unacceptable", which came amid soaring tensions between the US and Russia over the ongoing war in Ukraine.</p> <p>"I call on Russia to release her immediately so she can be with her wife, loved ones, friends, and teammates," Biden said, adding that he would continue to work to bring home Griner and Paul Whelan, an American imprisoned in Russia on an espionage conviction.</p> <p>Griner, who is recognised as one of the greatest players in WNBA history, has been detained in Russia since February 17 after police said they found vape cartridges containing cannabis oil in her luggage upon landing at Moscow's Sheremetyevo Airport.</p> <p>She was returning to Russia, where she has competed since 2014.</p> <p>Defence attorney Maria Blagovolina told reporters later that Griner was "very upset, very stressed"</p> <p>"She can hardly talk. It's a difficult time for her," the lawyer said.</p> <p>Griner's agent Lindsay Kagawa Colas tweeted that the sentence "was severe by Russian legal standards and goes to prove what we have known all along, that Brittney is being used as a political pawn". </p> <p>She added that she supported Biden's efforts "to get a deal done" to get Brittney sent home to the US.</p> <p><em>Image credits: Getty Images</em></p> </div>

Legal

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“Our country have failed a 12-year– old”: Archie’s parents concede defeat

<p dir="ltr">After their <a href="https://o60.me/bvX9fj" target="_blank" rel="noopener">fight to keep their 12-year-old son alive</a> failed in the British courts, UK couple Hollie Dance and Paul Battersbee have lost their appeal to the European Court of Human Rights to prevent his life-support treatment from ending.</p> <p dir="ltr">After Archie Battersbee was found unconscious at home with a ligature over his head in early April, his parents have been fighting to prevent the Royal London Hospital from turning off his ventilator and stopping other interventions that are keeping him alive. </p> <p dir="ltr">Doctors believe Archie Battersbee is brain-stem dead and say it isn’t in his best interest to continue life-support treatment. </p> <p dir="ltr">Dance said the family’s lawyer submitted an application to the Strasbourg, the European human rights court based in France, hours before doctors planned to begin withdrawing Archie’s life-support on Wednesday.</p> <p dir="ltr">However, the court said it would not “interfere with the decisions of the national courts to allow the withdrawal of life-sustaining treatment from [Archie] to proceed”.</p> <p dir="ltr">Speaking to reporters outside the hospital, Dance appeared to concede that the fight to keep their son alive was over.</p> <p dir="ltr">"It's the end, it was the last thing, wasn't it, and again our country have failed a 12-year-old child,” Dance said of their latest legal defeat.</p> <p dir="ltr">Now, she wants to move Archie into a hospice to ensure he has a “dignified passing”.</p> <p dir="ltr">"We've now got a fight to see whether we can get him out of here to have a dignified passing at a hospice. It's just unfair,” she said.</p> <p dir="ltr">Earlier, she said the family “will not give up on Archie until the end”, and that they were considering offers from Japan and Italy to continue his treatment.</p> <p dir="ltr">"There's other countries that want to treat him and I think that he should be allowed to go," Dance said.</p> <p dir="ltr">Their case is the latest where the judgement of doctors has been pitted against the wishes of families, and is one of several that have been backed by religious pressure group, Christian Concern.</p> <p dir="ltr">Under UK law, courts can intervene when parents and doctors disagree on a child’s treatment, with the rights of the child taking priority over the parents’ right to decide.</p> <p dir="ltr">On Tuesday, the UK Supreme Court said Archie had “no prospect of any meaningful recovery”, and that he would still die from organ and heart failure in the next few weeks if treatment continued. The judges agreed with a lower court ruling that treatment “serves only to protract his death”.</p> <p dir="ltr">Alistair Chesser, the chief medical officer for Barts Health NHS Trust, which operates the hospital treating Archie, said his life-support treatment would continue for now.</p> <p dir="ltr">"As directed by the courts, we will work with the family to prepare for the withdrawal of treatment, but we will make no changes to Archie's care until the outstanding legal issues are resolved,” Chesser said.</p> <p><span id="docs-internal-guid-f78ac826-7fff-3aab-0a11-52610f60c47a"></span></p> <p dir="ltr"><em>Image: Getty Images</em></p>

Caring

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“There are different paths to justice”: Former choirboy’s father takes George Pell to court

<p dir="ltr"><em>Content warning: This article includes mentions of child sexual abuse (CSA).</em></p> <p dir="ltr">The father of a former choirboy allegedly abused by George Pell has launched a civil case against the cardinal and the Catholic Church.</p> <p dir="ltr">After being convicted of abusing two choirboys during his time as archbishop of Melbourne in the 1990s, Cardinal Pell was acquitted by the High Court in 2020, having served 13 months in prison before gaining his freedom.</p> <p dir="ltr">The father of one of the victims, who died of a drug overdose in 2014, was told about the alleged abuse by police a year after his son’s death, according to the <em><a href="https://www.abc.net.au/news/2022-07-14/george-pell-father-former-choirboy-civil-action-cardinal-church/101236968" target="_blank" rel="noopener">ABC</a></em>.</p> <p dir="ltr">He has now launched legal action against Cardinal Pell and the Catholic Archdiocese of Melbourne in the Supreme Court of Victoria for “damages for nervous shock” that were related to finding out about the allegations, according to the statement of claim lodged in court.</p> <p dir="ltr">The father, who cannot legally be named and has been given the pseudonym RWQ, and his solicitors from Shine Lawyers claim Cardinal Pell and the Archdiocese were negligent.</p> <p dir="ltr">They allege the cardinal is liable for RWQ’s mental injury because it would have been reasonably foreseeable that he would suffer from nervous shock after learning of the alleged abuse, and that the Archdiocese breached a duty of care to him.</p> <p dir="ltr">RWQ is claiming general damages, and special damages, and seeking compensation for “past loss of earning capacity and past and future medical and like expenses”, though the sum he is seeking will only be revealed if the matter goes to trial.</p> <p dir="ltr">Lisa Flynn, the Chief Legal Officer for Shine Lawyers, said the separate criminal case and High Court proceedings involving the cardinal won’t affect the civil case.</p> <p dir="ltr">“The High Court made some decisions in relation to the criminal prosecution against [George] Pell, our case is a civil case against George Pell and the Catholic Archdiocese,” she explained.</p> <p dir="ltr">“There are different paths to justice.”</p> <p dir="ltr"><em><strong>If you are in need of support you can contact Lifeline on 0800 54 33 54, or Safe to Talk on </strong></em><strong><em>0800 044 334</em></strong><em><strong> for support relating to sexual abuse.</strong></em></p> <p><em><span id="docs-internal-guid-29894822-7fff-f6d2-d796-7d1247c92283"></span></em></p> <p dir="ltr"><em>Image: Getty Images</em></p>

Legal

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Guy Sebastian speaks out after court victory

<p>A judge has warned Guy Sebastian’s former manager Titus day, he is facing a full time prison sentence.</p> <p>However, he is allowed to roam free for the time being as the singer claims he is “heartbroken over the depth of betrayal and dishonestly.”</p> <p>Titus Day will have to surrender his passport after being convicted of 34 charges including the fraudulent embezzlement of over $640,000 of the famed singers earnings.</p> <p>Guy spoke out about the jury’s guilty verdict, saying he felt grateful the “painful chapter” of his life is “finally over.</p> <p>“I’m finding it very difficult to put into words how I feel about all of this right now,” Sebastian wrote on social media.</p> <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-captioned="" data-instgrm-permalink="https://www.instagram.com/p/Cfc8xxEvfSj/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/Cfc8xxEvfSj/?utm_source=ig_embed&amp;utm_campaign=loading" target="_blank" rel="noopener">A post shared by guysebastian (@guysebastian)</a></p> </div> </blockquote> <p>“It was not only shocking but also heartbreaking to discover the depth of betrayal and dishonesty that I uncovered over these last four plus years.</p> <p>“There’s nothing more important than trust in an artist/manager relationship. The thing is, Titus was more than just my manager, he was one of my closest mates.”</p> <p>Sebastian said he tried everything to get “honest explanations” for the money he discovered had been missing, but the requests were met with “the most outrageous and unfounded accusations”.</p> <p>He claimed Mr Day tried to “tarnish” his reputation and “dissuade him” from pursuing justice.</p> <p>Day faced a gruelling seven-week trial after he was accused of embezzling nearly $900,000 allegedly owed to the singer in the form of music royalties, performance fees and ambassador payments.</p> <p>The jury heard a mountain of evidence from witnesses, including Sebastian, his wife Jules, bookkeepers and the police officer in charge of the investigation before making their determination.</p> <p>On Friday the jury found him guilty and convicted him on 34 of the 47 charges. He was found not guilty of 13 charges.</p> <p>Crown prosecutor David Morters SC on Friday told the court he was applying for Day to go straight to prison on the basis he was found guilty of so many charges, the quantity of money they involve and the period of which they were committed.</p> <p>“The offender has been found guilty of 34 of 47 counts, the total value is about $648,000...each offence can carry a maximum penalty of prison,” Mr Morters told the court.</p> <p>“The accused was in a position of trust over four years.”</p> <p>Day’s defence barrister Dominic Toomey told Judge Timothy Gartelmann SC he would have to be “positively satisfied” Day would definitely go to prison after undergoing a sentence hearing.</p> <p>Judge Gartelmann told the court while Day is “likely” to be sentenced to full-time imprisonment, he is not “positively satisfied” of the certainty due to the limited evidence before the court.</p> <p>“The application must be refused. However, it must be understood that the determination I have made today does not mean the accused will not be sentenced to full time imprisonment nor does it mean it is unlikely.</p> <p>“The determination whether a sentence of imprisonment is appropriate will be made following a sentence proceedings in due course.”</p> <p>Day must surrender his passport to the court and report to police at Waverley Police Station once a week.</p> <p><em>Images: Nine News</em></p>

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"I had visual contact with Lyn Dawson" court hears

<p dir="ltr">Chris Dawson’s judge-only murder trial has aired a recording of the accused's brother-in-law, who claimed that he spotted Lynette Dawson several months after she disappeared back in 1982.</p> <p dir="ltr">A police interview that was conducted between Dawson’s brother-in-law Ross Hutcheon back in 2019 was played in the Supreme Court on Tuesday.</p> <p dir="ltr">Mr Hutcheon claimed that he saw Lynette at a bus stop opposite Gladesville Hospital up to six months after she disappeared.</p> <p dir="ltr">"She looked just like the Lyn that I knew — same colour hair, same hairstyle, same glasses. No obvious attempt to disguise herself," he said in the recording.</p> <p dir="ltr">"The other thing that convinced me … was the fact that it was opposite the hospital and she was a nurse."</p> <p dir="ltr">Mr Hutcheon, who died six weeks ago and was married to Dawson’s sister also called Lynette, had claimed to have told her about seeing the missing mother that day.</p> <p dir="ltr">However, it was reported that Mr Hutcheon had instead reported the incident to police years later in 1999 stating he had "no contact with Lynette Dawson since her disappearance".</p> <p dir="ltr">"I had visual contact with Lyn Dawson, not verbal contact," Mr Hutcheon responded.</p> <p dir="ltr">Ms Hutcheon appeared in court on Tuesday and was questioned why she hadn’t discussed the possible sighting of her sister-in-law.</p> <p dir="ltr">She told the court that other people she knew had reported sightings of Lynette Dawson months after she disappeared and it didn’t cross her mind.</p> <p dir="ltr">"My husband had seen her and I had heard that other people had seen her. I thought she had been seen by people that knew her," she said.</p> <p dir="ltr">Chris Dawson has pleaded not guilty to murdering his wife Lynette, who went missing from the family home in Sydney's Northern Beaches in January 1982.</p> <p dir="ltr">The trial continues.</p> <p dir="ltr"><em>Images: Nine News</em></p>

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Court to decide if Happy the elephant is a legal person

<p dir="ltr">An Asian elephant called Happy has lived at the Bronx Zoo for the past 45 years, but the question of whether she is legally human - and entitled to human rights - has been posed to New York’s highest court, per <em><a href="https://www.nzherald.co.nz/travel/happy-the-elephants-historic-human-rights-trial-for-legal-person-status/365QJSJP4AF5DJLUZ34JYDE7RA/" target="_blank" rel="noopener">NZHerald</a></em>.</p> <p dir="ltr">On one hand, advocates at the Nonhuman Rights Project say she is an autonomous, cognitively complex elephant and should be released from her current enclosure under a habeas corpus proceeding, which is a way for people to challenge illegal confinement.</p> <p dir="ltr">Bronx Zoo, on the other hand, say she shouldn’t be considered a person, with an attorney arguing that Happy isn’t illegally imprisoned nor a person, and is in fact a well-cared for elephant that is “respected as the magnificent creature she is”.</p> <p dir="ltr">The Nonhuman Rights Project are calling for Happy to be moved from a “one-acre prison” at the zoo to another, more spacious sanctuary.</p> <p dir="ltr">“She has an interest in exercising her choices and deciding who she wants to be with, and where to go, and what to do, and what to eat,” attorney Monica Millar, representing the advocates, told the Associated Press ahead of the oral arguments.</p> <p dir="ltr">“And the zoo is prohibiting her from making any of those choices herself.”</p> <p dir="ltr">The group said Happy became the first elephant to pass a self-awareness indicator test in 2005, after repeatedly touching a white “X” on her forehead while looking into a large mirror.</p> <p dir="ltr">Meanwhile, the zoo and its supporters argue that a win for the Nonhuman Rights Project could prompt more legal action on behalf of animals, including pets and other zoo animals.</p> <p dir="ltr">In a prepared statement, the zoo accused the Nonhuman Rights Project (NRP) of exploiting Happy for their “coordinated agenda”.</p> <p dir="ltr">“The blatant exploitation of Happy the elephant by NRP to advance their coordinated agenda shows no concern for the individual animal and reveals the fact they are willing to sacrifice Happy’s health and psychological wellbeing to set precedent,” the zoo said.</p> <p dir="ltr">NRP’s say that Happy’s right to “bodily liberty” is being violated by the zoo, no matter how she is treated, arguing that if Happy’s right to liberty under habeas corpus is recognised by the courts, she will be a “person” and must be released.</p> <p dir="ltr">In court, Judge Jenny Rivera asked Miller about the implication of NRP’s position for other human-animal relationships.</p> <p dir="ltr">“So does that mean that I couldn’t keep a dog?” she asked. “I mean, dogs can memorise words.”</p> <p dir="ltr">Miller said there was currently more evidence showing elephants are extraordinarily cognitively complex and have advanced analytical abilities.</p> <p dir="ltr">The high court case comes after lower courts have ruled against NRP in similar cases, including one involving a chimpanzee in upstate New York named Tommy.</p> <p dir="ltr">It also comes after a different animal rights group won their case to allow Colombian drug kingpin Pablo Escabar’s “cocaine hippos” to be recognised as people with legal rights in the US - though it had no ramifications for the hippos, who currently reside in Colombia.</p> <p dir="ltr">As of publication, the panel of seven judges presiding over the case has <a href="https://www.thelawyersdaily.ca/articles/36592/tale-of-two-animals-marcel-strigberger-" target="_blank" rel="noopener">reserved its decision</a> on the matter, with the answer expected in the coming months.</p> <p><span id="docs-internal-guid-bc920373-7fff-3dd4-d61d-0a2d15961bd9"></span></p> <p dir="ltr"><em>Image: Gigi Glendinning (Nonhuman Rights Project)</em></p>

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“Bizarre” Home and Away impersonator loses court appeal

<p dir="ltr"><em>Content warning: This article includes mentions of suicide.</em></p> <p dir="ltr">A female ‘catfish’ who impersonated a <em>Home and Away </em>star to attract women online and was found guilty of stalking has failed in her bid to overturn her conviction.</p> <p dir="ltr">Lydia Abdelmalek was found guilty of six counts of stalking three years ago after she impersonated Lincoln Lewis, the star who played Geoff Campbell in the popular soap.</p> <p dir="ltr">Though she first launched her appeal in 2019, the guilty verdict was upheld in Victoria’s County Court on May 26, as reported by <em><a href="https://www.canberratimes.com.au/story/7754837/home-and-away-catfish-loses-court-appeal/?cs=14231" target="_blank" rel="noopener">The Canberra Times</a></em>.</p> <p dir="ltr">“I find the appellant was responsible for the stalking behaviour,” Judge Claire Quin told the court.</p> <p dir="ltr">Judge Quin described the case as “bizarre” and rejected evidence presented by Ms Abdelmalek.</p> <p dir="ltr">“I found her account confusing, deliberate and that she was deliberately evasive,” Judge Quin said. “Her account does not make sense.”</p> <p dir="ltr">The court also heard that a phone seized from Ms Abdelmalak’s home during the appeal in relation to another case contained “incriminating” evidence against her, according to the <em><a href="https://www.abc.net.au/news/2022-05-26/lydia-abdelmalek-lincoln-lewis-catfish-appeal/101099416" target="_blank" rel="noopener">ABC</a></em>.</p> <p dir="ltr">The court heard that the phone contained a wealth of material that “supported the accounts provided by the victims”, including hundreds of texts and pictures sent to the women she stalked, intimate photos, and Mr Lewis’ real voicemail.</p> <p dir="ltr">“Much of this material was not available at the time of the Magistrates’ hearing,” Judge Quin said.</p> <p dir="ltr">“The enormity of this behaviour could not be over exaggerated.”</p> <p dir="ltr">Ms Abdelmalek impersonated the TV star and used other aliases to stalk seven people over a four-year period starting from May 2011, in what one victim called “sick mind games”.</p> <p dir="ltr">One of Ms Abdelmalek’s victims who died by suicide wrote a statement prior to her death where she outlined the trauma she experienced from being tricked into believing the actor was in love with her.</p> <p dir="ltr">She said she felt tortured for the “sick fascination, perverse pleasure and unhealthy satisfaction” of her tormentor.</p> <p dir="ltr">Another victim said she went from being the life of the party to a recluse after what the sentencing magistrate described as a “calculated and cruel” offence.</p> <p dir="ltr"><em>If you are experiencing a personal crisis or thinking about suicide, you can call Lifeline 131 114 or beyondblue 1300 224 636 or visit <a href="https://www.lifeline.org.au/" target="_blank" rel="noopener">lifeline.org.au</a> or <a href="https://www.beyondblue.org.au/get-support/national-help-lines-and-websites" target="_blank" rel="noopener">beyondblue.org.au</a>.</em></p> <p><span id="docs-internal-guid-809f9e68-7fff-e3b1-a053-0cfcec6ba428"></span></p> <p dir="ltr"><em>Image: Heidelberg Magistrates Court</em></p>

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Court warned to stop laughing during Johnny Depp’s testimony

<p dir="ltr">Johnny Depp has concluded his testimony in the defamation trial he has launched against his ex-wife Amber Heard after being on the stand for four days, as reported by <em><a href="https://7news.com.au/entertainment/celebrity/johnny-depp-trial-judge-warns-fans-to-stop-laughing-during-courtroom-testimony-c-6585879" target="_blank" rel="noopener">7News</a></em>.</p> <p dir="ltr">Depp is suing Heard for $50 million for defamation over a 2018 op-ed she wrote for <em>The Washington Post</em> in which she describes herself as a “public figure representing domestic abuse”.</p> <p dir="ltr">Although Depp wasn’t named, he claims the article cost him lucrative acting work.</p> <p dir="ltr">Both he and Heard have also accused each other of acts of violence during their relationship, which lasted from 2015 to August 2016, when they settled their divorce.</p> <p dir="ltr">The final day of his testimony saw Depp come under cross-examination by Heard’s attorney, Ben Rottenborn.</p> <p dir="ltr">When asked about audio recordings of arguments between him and Heard and whether she was the only one who had a problem with his drinking, Depp answered: “Sir, if anyone had a problem with my drinking, at any time in my life, it was me.”</p> <p dir="ltr">“The only person I’ve abused in my life is myself.”</p> <p dir="ltr">Remaining on the stand for redirect examination from his attorney, Jessica Meyers, Depp explained some of the text messages introduced as evidence by Heard’s attorney were meant to be “irreverent” or references to <em>Monty Python</em> movies and that he often handles “difficult” situations with humour.</p> <p dir="ltr">Some of his fans had to be warned by Judge Penney Azcarate to contain their laughter in the courtroom when Depp admitted he had trouble remembering some of the movies he starred in.</p> <p dir="ltr">He was asked to name films he appeared in besides the <em>Pirates of the Caribbean</em> franchise and faltered after quickly naming <em>Alice in Wonderland</em>.</p> <p dir="ltr">“I’m so pathetic when it comes to knowing what movies I’ve done,” Depp said.</p> <p dir="ltr">“I’m sorry. I just, I don’t watch them. I feel better not watching them. What was the question again?”</p> <p dir="ltr">When his response prompted laughter in the courtroom, Judge Azcarate issued a warning.</p> <p dir="ltr">“Order in the court or I will have you removed. Understood? Thank you,” she said.</p> <p dir="ltr">Before the trial commenced, Judge Azcarate ordered that Depp and Heard were not allowed to pose for photos or sign autographs outside the Virginia courtroom, as reported by <em>People</em>.</p> <p dir="ltr">She also ordered that fans weren’t allowed to camp overnight outside and that spectators in the courtroom must “dress in a manner consistent with the decorum of a judicial proceeding”.</p> <p dir="ltr">“Audible comments of any kind during the court proceedings or provocative or uncivil behaviour within the courtroom or courthouse will not be tolerated,” a court document read.</p> <p dir="ltr">“There shall be no gestures, facial expressions, or the like, suggesting approval or disapproval during the proceedings.</p> <p dir="ltr">“Anyone violating this Order will be expelled immediately from the courtroom and will not be able to return during the pendency of the trial.”</p> <p dir="ltr">When Meyers played a 2016 recording of a conversation between Heard and Depp where Heard expressed concern about her reputation after reports of abuse in their relationship emerged, Meyers asked how Depp responded.</p> <p dir="ltr">“What did you say in response when Ms Heard said, ‘Tell the world, Johnny. Tell them, Johnny Depp, I, Johnny Depp, a man, I’m a victim too, of domestic violence’?” Meyers asked.</p> <p dir="ltr">“I said, ‘Yes, I am’,” he responded.</p> <p dir="ltr">The trial, which has been live streamed on <a href="https://www.youtube.com/playlist?list=PLoW1SIeAWaWb1IDY_WuLKvZygiJudUBSd" target="_blank" rel="noopener">YouTube</a>, began on April 11 and is expected to last for six weeks, with Heard yet to testify.</p> <p><span id="docs-internal-guid-98bc178d-7fff-f01a-668a-44689357504f"></span></p> <p dir="ltr"><em>Image: Getty Images</em></p>

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Teens won’t take climate change case to High Court

<p dir="ltr">The eight students who won, then lost their court case to make the Australian government protect children from climate change have confirmed they won’t take the case again in court, but have claimed public shaming of the coalition as a moral victory.</p> <p dir="ltr">After winning their case last year, the decision that Environment Minister Susan Ley had a duty of care to children from future harm caused by climate change <a href="https://www.oversixty.co.nz/finance/legal/why-doesn-t-the-government-have-a-duty-of-care-to-children-s-futures" target="_blank" rel="noopener">was overturned</a> in Federal Court in March.</p> <p dir="ltr">The judges’ official reasons included that Ms Ley wasn’t required to protect people from climate change under federal environment laws.</p> <p><span id="docs-internal-guid-5b70fe92-7fff-edc1-e2c1-bf7ad2d9593d"></span></p> <p dir="ltr">They also said there was insufficient closeness and directness between Ms Ley’s actions and the risk of harm to the students, and that her decisions only had a tiny contribution to the overall risk of climate change.</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">This morning me and my co-litigants announced our decision not to appeal the Federal Court’s decision to overturn the “duty of care.” I’ve got no elegant articulate passionate words left in me. Someone go ask Sussan Ley her thoughts please</p> <p>— anjali (@anjsharmaaa) <a href="https://twitter.com/anjsharmaaa/status/1513766846365040642?ref_src=twsrc%5Etfw">April 12, 2022</a></p></blockquote> <p dir="ltr">The students have since confirmed that taking the case to the High Court was out of the question for several reasons, including cost, as reported by <em><a href="https://au.news.yahoo.com/students-claim-moral-win-climate-015609947.html" target="_blank" rel="noopener">Yahoo!News</a></em>.</p> <p dir="ltr">In a joint statement, the students criticised Ms Ley’s use of taxpayer money to pay for the legal fight against teens calling for protection from the harms of fossil fuel consumption.</p> <p dir="ltr">“We urge the environment minister, and by extension, all members of parliament and candidates, to listen to the voices of young people … who are begging for more comprehensive action on climate change and urgent action to reduce carbon emissions,” they said.</p> <p dir="ltr">They also hope voters will remember the debacle when they vote at the upcoming Federal Election.</p> <p dir="ltr">Anjali Sharma, one of the students involved who will turn 18 days before the election, said she will feel a deep sense of satisfaction when she gets to vote for the first time.</p> <p dir="ltr">“For me, ticking that box is going to be a feeling that my voice is finally being heard, and not actively ignored,” she told AAP.</p> <p dir="ltr"><span id="docs-internal-guid-1ecee6ed-7fff-13da-a494-4ea530f54be4"></span></p> <p dir="ltr"><em>Image: Twitter</em></p>

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Man who threatened to kill Jacinda Ardern causes stir in court

<p dir="ltr">A man who threatened to kill New Zealand Prime Minister Jacinda Ardern made claims he had been “kidnapped” by police and illegally detained during an outburst in court.</p> <p dir="ltr">Richard Trevor Sivell was arrested at a rural property in Te Puke, in the Western Bay of Plenty on the North Island, which is owned by the Ministry of Education.</p> <p dir="ltr">He claimed he owned the property through “allodial title”, an archaic law meaning that the property had no owner.</p> <p><span id="docs-internal-guid-6b8bee9d-7fff-7c87-37f0-e54c94043c08"></span></p> <p dir="ltr">His arrest was filmed by his supporters and shared online and later re-shared by anti-conspiracy theorist groups on social media.</p> <p><iframe style="overflow: hidden; border: initial none initial;" src="https://www.facebook.com/plugins/video.php?height=315&href=https%3A%2F%2Fwww.facebook.com%2FDebunkingConspiraciesAotearoa%2Fvideos%2F381405037137867%2F&show_text=true&width=560&t=0" width="560" height="430" frameborder="0" scrolling="no" allowfullscreen="allowfullscreen"></iframe></p> <p dir="ltr">He was later charged with three offences, including intentionally obstructing a police officer during the arrest, failing to comply with police, and threatening to kill.</p> <p dir="ltr">The details of the threatening to kill charge have been suppressed and cannot be reported, per the <em><a href="https://www.nzherald.co.nz/nz/court-outburst-richard-sivell-charged-with-threatening-to-kill-pm-forced-by-police-into-dock/JFTRYCT6MOCWOC5FGRQDAZH5Y4/" target="_blank" rel="noopener">NZ Herald</a></em>. </p> <p dir="ltr">Mr Sivell went on to appear before the Tauranga District Court on Monday, where he repeatedly chose to stand in the public gallery and refused to enter the dock when instructed by Judge Thomas Ingram.</p> <p dir="ltr">Prior to his appearance in the courtroom, Mr Sivell arrived with a Bible and a one-page document which he called a “counterclaim”, as reported by <em><a href="https://www.stuff.co.nz/national/crime/300557520/man-who-threatened-to-kill-pm-dragged-into-dock-by-police-after-refusal-to-move?fbclid=IwAR2-VkhHDyZXBR1xATPr33YsTvYHoBQcFcS6QGMvfMtTaizRX0na0GmrYOg" target="_blank" rel="noopener">Stuff</a></em>.</p> <p dir="ltr">After presenting the document to the court office, he sat in the courtroom, maskless, and asked to be referred to by his first name rather than his last name by the judge.</p> <p dir="ltr">When he still refused to go beyond the public gallery, two police officers and a court security officer forcibly moved him to the dock - a distance of about 10 metres - and even carried him by the arms and legs at one stage. After continuing to resist the officers, Mr Sivell was pinned to the ground and handcuffed, at which point he accused the officers of assaulting him.</p> <p dir="ltr">“I’m a man of peace, stop assaulting me, I haven’t done anything, I haven’t broken the law. You guys are traumatising me again,” he said.</p> <p dir="ltr">When he was in the dock, Judge Ingram asked if he wanted a few minutes to catch his breath.</p> <p dir="ltr">“I appreciate this is not a lot of fun for you,” the judge said. “You certainly will be somewhat traumatised … by what’s occurred.”</p> <p dir="ltr">Mr Sivell then asked if the judge had received “the data”, to which Judge Ingram replied, “I’ve seen a piece of paper from you, yes.”</p> <p dir="ltr">“Without receiving the data we can’t proceed, your honour,” Mr Sivell replied.</p> <p dir="ltr">Judge Ingram said: "You can parrot that as much as you want Mr Sivell, but I'm going to proceed with the matter on the basis that the law of the land applies to you as it applies to everybody else."</p> <p dir="ltr">After refusing to acknowledge the judge's questions, the case was adjourned for half an hour. </p> <p dir="ltr">When he reappeared, he continued to refuse to speak, even when asked whether he wanted legal representation.</p> <p dir="ltr">"I'm a man of peace, I'm here under duress. I've been assaulted and kidnapped," Mr Sivell said.</p> <p dir="ltr">The case was then adjourned for two weeks, and Mr Sivell was remanded on bail on the condition that he made no contact with Ms Ardern or used a device capable of connecting to the internet.</p> <p dir="ltr"><strong>Threats appeared on Telegram</strong></p> <p dir="ltr">Mr Sivell tracked the arrival of police through a series of posts on Telegram - the encrypted messaging app which has become home to conspiracy theorists and Nazi sympathisers.</p> <p dir="ltr">According to the <em><a href="https://www.nzherald.co.nz/nz/police-stand-off-with-richard-sivell-who-allegedly-made-death-threats-against-prime-minister-jacinda-ardern/VUJLWAJCY3LWQZBMMIE3ANMBG4/" target="_blank" rel="noopener">NZHerald</a></em>, Mr Sivell used the same account to post what could be considered as threats to kill Ms Ardern and several journalists.</p> <p dir="ltr">“They are going to die. We are not going to allow them to share this world with us anymore,” Mr Sivell said in an audio message posted to the Counterspin channel on Telegram. “Same as Jacinda. She is going to die. Execute these motherf***ers. I look forward to hearing their necks snap.”</p> <p dir="ltr"><strong>Fake journalists and accusations of communism</strong></p> <p dir="ltr">Outside the court, Mr Sivell was met by his supporters, as well as members of the public posing as journalists.</p> <p dir="ltr">One of the 'journalists' interviewed Mr Sivell, who said New Zealand was becoming a "communist police state" and accused Ms Ardern of being a communist.</p> <p dir="ltr">He said those responsible for the vaccination program, which he described as a "bioweapon", should be held accountable under "Nuremberg law".</p> <p dir="ltr"><span id="docs-internal-guid-84b0bc66-7fff-ac97-d899-173ef54700fd"></span></p> <p dir="ltr"><em>Image: Getty Images</em></p>

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The International Court of Justice has ordered Russia to stop the war

<p>The International Court of Justice (ICJ), the top court of the United Nations, has <a href="https://www.icj-cij.org/public/files/case-related/182/182-20220316-ORD-01-00-EN.pdf" target="_blank" rel="noopener">ordered Russia to “immediately suspend” its military operations in Ukraine</a>. What does the decision mean, and what happens next?</p> <p>We already knew Russia’s invasion was illegal in international law. But the ICJ decision now makes it virtually impossible for anyone, including Russia, to deny that illegality. It is also impressive because Ukraine used a creative strategy to get the ICJ to hear the case, based on the <a href="https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.1_Convention%20on%20the%20Prevention%20and%20Punishment%20of%20the%20Crime%20of%20Genocide.pdf" target="_blank" rel="noopener">Genocide Convention of 1948</a>.</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">READ HERE: a summary of the <a href="https://twitter.com/hashtag/ICJ?src=hash&amp;ref_src=twsrc%5Etfw">#ICJ</a> Order indicating provisional measures in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (<a href="https://twitter.com/hashtag/Ukraine?src=hash&amp;ref_src=twsrc%5Etfw">#Ukraine</a> v. <a href="https://twitter.com/hashtag/Russia?src=hash&amp;ref_src=twsrc%5Etfw">#Russia</a>) <a href="https://t.co/joZ3kWkfiQ">https://t.co/joZ3kWkfiQ</a> <a href="https://t.co/D6YsHmVHOH">pic.twitter.com/D6YsHmVHOH</a></p> <p>— CIJ_ICJ (@CIJ_ICJ) <a href="https://twitter.com/CIJ_ICJ/status/1504137139625279492?ref_src=twsrc%5Etfw">March 16, 2022</a></p></blockquote> <p><strong>Russia’s legal arguments about the war</strong></p> <p>Russia’s president, Vladimir Putin, gave <a href="https://www.spectator.co.uk/article/full-text-putin-s-declaration-of-war-on-ukraine" target="_blank" rel="noopener">several justifications for invading Ukraine</a>. Some had little to do with the law, such as his complaints about NATO. But two were legal arguments.</p> <p>First, he claimed Russia was acting in “self-defence”. Self-defence is <a href="https://www.un.org/en/about-us/un-charter/chapter-7" target="_blank" rel="noopener">an established reason to use military force</a> in international law. But Putin suggested Russia was defending the two breakaway parts of eastern Ukraine it recognises as sovereign states: Donetsk and Luhansk. Legally, these are <a href="https://theconversation.com/how-russias-recognition-of-breakaway-parts-of-ukraine-breached-international-law-and-set-the-stage-for-invasion-177623" target="_blank" rel="noopener">still parts of Ukraine’s own territory, not independent states</a>, which makes nonsense of this argument.</p> <p>Second, Putin claimed Ukraine was committing genocide against ethnic Russians (where “genocide” means certain acts committed with “<a href="https://treaties.un.org/doc/publication/unts/volume%2078/volume-78-i-1021-english.pdf" target="_blank" rel="noopener">intent to destroy</a>” an ethnic group or another defined group). This is just as factually and legally flimsy as the self-defence argument.</p> <p>If both arguments are weak, why did Ukraine focus on genocide in the case before the ICJ? To understand, we have to look at the court’s jurisdiction: that is, its power to decide some legal issues but not others.</p> <p><strong>The jurisdiction of the ICJ</strong></p> <p>The ICJ hears disputes solely between sovereign states (in contrast to the separate International Criminal Court, which tries individuals for committing things like war crimes).</p> <p>The ICJ does not automatically have jurisdiction over every state and every issue. There is no global government that could give it that power. Like many other aspects of international law, <a href="https://www.icj-cij.org/en/basis-of-jurisdiction" target="_blank" rel="noopener">its jurisdiction relies on states giving consent</a> – agreement – either directly or indirectly.</p> <p>Some states have given consent by making general declarations. Other states have consented to particular treaties that give the ICJ the power to decide disputes related specifically to those treaties.</p> <p>Since Russia has not made a general declaration, Ukraine could not ask the ICJ to rule on its self-defence argument. But Russia is a party to a relevant treaty, the <a href="https://treaties.un.org/doc/publication/unts/volume%2078/volume-78-i-1021-english.pdf" target="_blank" rel="noopener">Genocide Convention</a>.</p> <p>Ukraine’s creative strategy was to try to bring the case within the ICJ’s jurisdiction by arguing that Russia was making a false allegation of genocide to justify its illegal invasion.</p> <p><strong>The order made by the ICJ</strong></p> <p>Russia did not turn up to the courtroom in The Hague for the initial hearing in early March (though it did write the ICJ a letter outlining its view).</p> <p>That is a change in its behaviour. After Russia invaded Georgia in 2008, Georgia similarly brought a case to the ICJ and tried to use <a href="https://treaties.un.org/doc/Publication/UNTS/Volume%20660/volume-660-I-9464-English.pdf" target="_blank" rel="noopener">a different treaty</a> to bring it within the court’s jurisdiction. Russia participated in the case and actually had <a href="https://www.icj-cij.org/en/case/140" target="_blank" rel="noopener">significant success</a>.</p> <p>Its failure to turn up this time signals its disengagement from international institutions.</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">International Court of Justice is ruling on Ukraine's appeal for an order for Russia to halt its invasion. Russian officials and lawyers have not turned up for the session. <a href="https://t.co/oucPjgQ5Hp">pic.twitter.com/oucPjgQ5Hp</a></p> <p>— Julian Borger (@julianborger) <a href="https://twitter.com/julianborger/status/1504111254205521926?ref_src=twsrc%5Etfw">March 16, 2022</a></p></blockquote> <p>Of the 15 judges, almost all agreed to <a href="https://www.icj-cij.org/public/files/case-related/182/182-20220316-ORD-01-00-EN.pdf" target="_blank" rel="noopener">order Russia to “immediately suspend” its military operations</a>. There were two dissenters: the judges of Russian and Chinese nationality.</p> <p>This was what is called a “provisional measures” order – an emergency ruling made before the court hears the whole case. Provisional measures are binding. That is important. It means even if Russia maintains incorrectly that the invasion is legal, it is now breaching international law anyway by failing to comply with the ICJ’s order.</p> <p>However, a binding ruling is not the same as an enforceable one. Just as there is no global government to give the ICJ more power, there are no global police to enforce its decisions.</p> <p>For example, in 1999, the ICJ <a href="https://www.icj-cij.org/en/case/104" target="_blank" rel="noopener">ordered the United States to delay executing a German man on death row</a>. Although the court confirmed such a provisional measure was binding, it could not actually stop the execution.</p> <p>But ICJ decisions can play a more subtle role. They shape the narrative for law-abiding states and within the United Nations.</p> <p>This ruling might help to embolden other states, including some that until now have been sitting on the fence, to contribute to actions like suffocating Russia’s economy with sanctions and arming Ukraine.</p> <p><strong>What happens next?</strong></p> <p>All the ICJ has done so far is to order provisional measures. It has not even found conclusively that it has jurisdiction in the case. It might be a long time before it decides the case as a whole.</p> <p>But it has hinted it is receptive to Ukraine’s arguments. It has noted that it “<a href="https://www.icj-cij.org/public/files/case-related/182/182-20220316-ORD-01-00-EN.pdf" target="_blank" rel="noopener">is not in possession of evidence</a>” to support Russia’s allegation that Ukraine has committed genocide.</p> <p>Another strength of Ukraine’s case is that there is, in any event, no rule in international law automatically giving one state a right to invade another state to stop a genocide. One reason is that a cynical aggressor could manipulate or abuse such a rule. That is basically what this case is all about.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/179466/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /></p> <p><em><a href="https://theconversation.com/profiles/rowan-nicholson-945547" target="_blank" rel="noopener">Rowan Nicholson</a>, Lecturer in Law, <a href="https://theconversation.com/institutions/flinders-university-972" target="_blank" rel="noopener">Flinders University</a></em></p> <p><em>This article is republished from <a href="https://theconversation.com" target="_blank" rel="noopener">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/the-international-court-of-justice-has-ordered-russia-to-stop-the-war-what-does-this-ruling-mean-179466" target="_blank" rel="noopener">original article</a>.</em></p> <p><em>Image: Getty Images</em></p>

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Court 'approves' young boy's appeal to adopt teddies

<p dir="ltr">The Family Court of Western Australia has granted a seven-year-old boy approval to adopt several teddy bears, in a gesture described as “humanity at its best”.</p> <p dir="ltr">After writing a letter to the court, the young boy received a sweet yet official-looking response, complete with a reference to the fictitious International Teddy Act of 1908 and a description of the adoptees as “a hug of teddy’s”.</p> <p dir="ltr">“In the matter of Mr Denham, Baby Denham, Brown Bear, Bamboo, Special Teddy Jnr and Tiny,” the unofficial court order <a href="https://www.news.com.au/lifestyle/real-life/good-news/family-court-gives-sevenyearold-boy-approval-to-adopt-teddies-in-heartwarming-letter-exchange/news-story/acbf28abee7da98ed1c794731b61b71c" target="_blank" rel="noopener">read</a>.</p> <p dir="ltr">“Before a Teddy in Chambers.</p> <p dir="ltr">“Application having being [sic] made under the International Teddy Act 1908 for an adoption order in relation to a hug of teddy’s known as Mr Denham, Baby Denham, Brown Bear, Bamboo, Special Teddy Jnr and Tiny who reside in … Western Australia.</p> <p><span id="docs-internal-guid-5f5054de-7fff-d49d-536f-2198a04ea272"></span></p> <p dir="ltr">“It is ordered that the said Mr Denham, Baby Denham, Brown Bear, Bamboo, Special Teddy Jnr and Tiny be adopted by (the boy) to be treated lovingly as child and teddies.”</p> <p dir="ltr"><img src="https://oversixtydev.blob.core.windows.net/media/2022/02/court-teddy-adoption.jpg" alt="" width="1024" height="768" /></p> <p dir="ltr"><em>The Family Court’s order was shared on social media. Image: Twitter</em></p> <p dir="ltr">A photo of the court order was shared on social media by the boy’s uncle, Dr Stephen Bright, prompting dozens of responses.</p> <p dir="ltr">“Not sure how many similar requests they get, but this seemed to go above and beyond. Thank you,” he wrote on the since-deleted post.</p> <p dir="ltr">Many shared how the story brought a “tear to the eye”.</p> <p dir="ltr">“That is absolutely adorable, your nephew must be so happy! Such a beautiful, yet simple gesture, definitely put a smile on my face and a tear to the eye,” one person shared.</p> <p dir="ltr">In a follow-up post, Dr Bright <a href="https://mobile.twitter.com/stephenjbright/status/1495448183614283778" target="_blank" rel="noopener">said</a>: “I don’t usually post personal stuff on Twitter, though I’m glad I did share this as it seems to have touched so many people. It’s nice to be able to pay it forward.”</p> <p dir="ltr">Some dubbed the gesture as an example of “humanity at its best”, while others shared their well wishes for the boy and his teddies.</p> <p dir="ltr">“It’s lovely. These warm and kind actions show humanity at its best. We need this in our lives,” one person wrote.</p> <p dir="ltr">“Sometimes it’s good to start my day with a happy cry. Thank you for sharing,” another said.</p> <p dir="ltr">“This reminds me to have faith in humanity, both in adults and the next generation. My best to your nephew, his teddies and family.”</p> <p dir="ltr"><span id="docs-internal-guid-9734c2ee-7fff-03b7-c31e-38f825ebb98e"></span></p> <p dir="ltr"><em>Image: Getty Images</em></p>

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Charlise Mutten's accused killer fronts court with two requests

<p dir="ltr">The man accused of murdering his stepdaughter Charlise Mutten has made two requests via his lawyers, including that he be kept separate from other prisoners while in custody.</p> <p dir="ltr">Nine-year-old Charlise’s body was found on Tuesday night in a barrel near the Colo River - about an hour from where she disappeared on a private property in Mount Wilson, in NSW's Blue Mountains, last week.</p> <p dir="ltr">Justin Stein<span> </span><a rel="noopener" href="https://oversixty.co.nz/news/news/man-charged-with-murder-of-missing-9-year-old" target="_blank">was arrested</a><span> </span>by police that night, before appearing in Central Local Court on Wednesday morning.</p> <p dir="ltr">Mr Stein did not apply for bail, and it was formally refused.</p> <p dir="ltr">His barrister told Magistrate Robert Williams that the 31-year-old needed his medication for mental health issues while in custody, and that Stein was concerned for his own safety.</p> <p dir="ltr">“The other matter I’m instructed to raise relates to his concerns for personal safety in custody,” the barrister<span> </span><a rel="noopener" href="https://www.dailymail.co.uk/news/article-10419847/Charlise-Mutten-Stepdad-Justin-Stein-fears-safety-prison-charged-murder.html" target="_blank">said</a>.</p> <p dir="ltr">“He has asked the court to recommend a no association classification.”</p> <p dir="ltr">However, Magistrate Williams said Corrective Services could only separate the accused from other prisoners.</p> <p dir="ltr">The barrister also requested a 12-week adjournment from the court to seek a mental health assessment for Mr Stein, noting his “long-term medication”.</p> <p dir="ltr">The hearing comes after police alleged Mr Stein drove around Sydney with Charlise’s body in the back of a boat for hours while he tried to find a place to dump her, the<span> </span><a rel="noopener" href="https://www.dailytelegraph.com.au/truecrimeaustralia/police-courts-nsw/charlise-muttens-accused-killer-justin-stein-drove-around-sydney-with-her-body/news-story/79a4494a4ac0a842b010f7df7c3716a4" target="_blank"><em>Daily Telegraph</em></a><span> </span>reports.</p> <p dir="ltr">It is understood that detectives believe her mother Kallista Mutten had left Charlise in her fiance Mr Stein’s care on Tuesday night - the last time she was confirmed to be alive.</p> <p dir="ltr">Police will allege that Charlise was killed within 15 hours, sometime between 7 pm on Tuesday, January 11 and 10 am Wednesday, January 12.</p> <p dir="ltr"><img style="width: 500px; height: 281.25px;" src="https://oversixtydev.blob.core.windows.net/media/7846933/charlise1.jpg" alt="" data-udi="umb://media/fc6373651a4841a2b9c62fa63db7d754" /></p> <p dir="ltr"><em>Dozens of volunteers from the NSW Rural Fire Service and SES joined police to search for Charlise Mutten before her body was found on Tuesday. Image: NSW Rural Fire Service (Facebook)</em></p> <p dir="ltr">The young girl was then reported missing from the Blue Mountains property where she was holidaying with her mother and stepfather on Friday morning.</p> <p dir="ltr">Her grandparents, who live in Coolangatta on Queensland’s Gold Coast, had full time custody of Charlise and have been notified.</p> <p dir="ltr">Detectives have said they are still waiting to speak to Ms Mutten because she is under “medical supervision” in hospital and is “difficult to approach”.</p> <p dir="ltr">“The mother is currently under healthcare and is difficult to approach,” Deputy Police Commissioner David Hudson said.</p> <p dir="ltr">“She’s under medical supervision, but when doctors allow, we will be talking to her.”</p> <p dir="ltr">Mr Hudson also said it was too early to determine whether Mr Stein had an accomplice or acted alone, though police were able to trace Mr Stein’s movements using CCTV.</p> <p dir="ltr">The deputy commissioner said police were able to establish certain facts about Mr Stein’s movements after tracking a car they seized via CCTV.</p> <p dir="ltr">He allegedly bought five 20kg sandbags from Bunnings, fuelled up a boat, and attempted to launch it from a dock in inner Sydney.</p> <p dir="ltr">Police then allege that Mr Stein attempted to dump the barrel containing Charlise’s body in the Colo River after finding the boat was inoperable. However, they allege he was unable to roll it in due to the heavy sandbags, instead dumping Charlise in the scrub where she was later found.</p> <p dir="ltr">At a press conference on Wednesday morning, Mr Hudson said authorities will allege that Mr Stein discussed buying sandbags and boat fuel in “a number of telephone conversations” before he travelled to the riverbed where his stepdaughter was found.</p> <p dir="ltr">“(There were) a number of telephone conversations, to purchase a number of sandbags,” Mr Hudson said.</p> <p dir="ltr">Police were initially investigating a number of “anomalies” they claimed to find in Mr Stein’s initial testimony, including allegedly giving two separate versions of events leading up to Charlise’s disappearance.</p> <p dir="ltr">More details about the young girl’s death and final moments are expected to emerge in the coming days, after her post-mortem results are shared with detectives.</p> <p dir="ltr"><em>Image: NSW Police / Facebook</em></p>

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Vandals of the UK’s Edward Colston statue learn their fate in court

<p><span style="font-weight: 400;">At the height of the Black Lives Matter protests in 2020, that were sparked by the murder of George Floyd by a US police officer, protestors all around the world took it upon themselves to remove commemorative statues of slave traders. </span></p> <p><span style="font-weight: 400;">In the UK city of Bristol, four people removed a monument of Edward Colston from a town square, before pushing the statue into the nearby harbour. </span></p> <p><span style="font-weight: 400;">Many protestors joined the four in spray-painting and destroying the statue, with many onlookers filming the destruction on their phones. </span></p> <p><span style="font-weight: 400;">Edward Colston was a member of the Royal African Company, and was responsible for transporting thousands of slaves from Africa during the mid 17th century. </span></p> <p><span style="font-weight: 400;">The four protestors - </span><span style="font-weight: 400;">Rhian Graham, Jake Skuse, Sage Willoughby, and Milo Ponsford - were all charged with criminal damage when they removed the statue without permission. </span></p> <p><span style="font-weight: 400;">According to the </span><a href="https://www.theguardian.com/uk-news/2022/jan/05/four-cleared-of-toppling-edward-colston-statute"><span style="font-weight: 400;">Guardian</span></a><span style="font-weight: 400;">, the protestors did not deny that they had toppled the monument, but maintained their innocence over the charges. </span></p> <p><span style="font-weight: 400;">Despite admitting their involvement, the four protestors were found not guilty and set free. </span></p> <p><span style="font-weight: 400;">The graffitied monument of Colston has since gone back on view in view in Bristol in a museum, with historian David Olusoga saying that it is “the most important artifact you could select in Britain if you wanted to tell the story of Britain’s tortuous relationship with its role in the Atlantic slave trade.”</span></p> <p><em><span style="font-weight: 400;">Image credits: Getty Images </span></em></p>

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Secret court papers revealed in Prince Andrew case

<p><span style="font-weight: 400;">A secret legal settlement between Virginia Giuffre and convicted sex offender Jeffrey Epstein </span><a rel="noopener" href="https://7news.com.au/sunrise/on-the-show/giuffre-epstein-agreement-made-public-c-5175529" target="_blank"><span style="font-weight: 400;">has been made public</span></a><span style="font-weight: 400;">, as Prince Andrew attempts to dismiss Giuffre’s lawsuit against him.</span></p> <p><span style="font-weight: 400;">Court papers, which have been sealed since 2009, revealed that Giuffre received $USD 500,000 ($NZD 736,332) from Epstein, who she claims trafficked and abused her.</span></p> <p><span style="font-weight: 400;">The royal filed the settlement as part of an attempt to dismiss Giuffre’s case against him, in which she alleged he sexually assaulted her three times when she was 17. </span></p> <p><span style="font-weight: 400;">In her lawsuit, Giuffre accused Andrew of abusing her at two of his homes, as well as forcing her to have sex at the London home of Ghislaine Maxwell, who was </span><a rel="noopener" href="https://www.theguardian.com/us-news/2021/dec/30/ghislaine-maxwell-what-happens-next-charges-sentencing" target="_blank"><span style="font-weight: 400;">recently convicted</span></a><span style="font-weight: 400;"> of five charges including recruiting and grooming teenage girls and sex trafficking a minor.</span></p> <p><span style="font-weight: 400;">Prince Andrew has repeatedly denied the allegations, and has </span><a rel="noopener" href="https://www.oversixty.com.au/finance/legal/prince-andrew-s-latest-claims-in-lawsuit" target="_blank"><span style="font-weight: 400;">previously moved to dismiss the lawsuit</span></a><span style="font-weight: 400;"> by claiming it was “unconstitutional” under the Child Victims’ Act, since Giuffre was above New York’s age of consent at the time.</span></p> <p><span style="font-weight: 400;">He also attempted to block proceedings on the grounds that Giuffre was no longer a US citizen three days before the settlement was released. </span></p> <p><span style="font-weight: 400;">However, a federal judge rejected the claims and ordered his lawyers to turn over key legal documents.</span></p> <p><span style="font-weight: 400;">With the release of Giuffre’s settlement, the prince’s legal team argue that the agreement shields him from liability due to provisions that prevent her from taking legal action against “any other person or entity” who could have been a defendant.</span></p> <blockquote class="twitter-tweet"> <p dir="ltr">NEW: A 2009 settlement agreement between Epstein and <a href="https://twitter.com/VRSVirginia?ref_src=twsrc%5Etfw">@VRSVirginia</a> for $500k has been unsealed. Prince Andrew's lawyer's hope a clause in it (which says "potential defendants" in lawsuits brought by Giuffre are protected from liability) will see her sexual abuse lawsuit dismissed. <a href="https://t.co/750Iv5q4vh">pic.twitter.com/750Iv5q4vh</a></p> — Omid Scobie (@scobie) <a href="https://twitter.com/scobie/status/1478052106061836288?ref_src=twsrc%5Etfw">January 3, 2022</a></blockquote> <p><span style="font-weight: 400;">The document states that once Giuffre, referred to by her maiden name, received the funds that she agreed to “remise, release, acquit, satisfy and forever discharge the said second parties and any other from all, and all manner of, action and actions of Virginia Roberts, including state or federal, cause and causes of action”. </span></p> <p><span style="font-weight: 400;">Though Andrew was not mentioned in the document, his attorneys said the settlement released him from liability.</span></p> <p><span style="font-weight: 400;">“Giuffre settled her sex-traffickinig and sexual-abuse claims against Epstein in 2009,” his lawyers said in a court filing on October 29. </span></p> <p><span style="font-weight: 400;">“In doing so, she provided Epstein with a general release of all claims against him and numerous other individuals and entities.</span></p> <p><span style="font-weight: 400;">“To avoid being dragged into future legal disputes, Epstein negotiated for this broad release, insisting that it cover any and all persons who Giuffre identified as potential targets of future lawsuits, regardless of merit - or lack thereof - to any such claims.”</span></p> <blockquote class="twitter-tweet"> <p dir="ltr"><a href="https://twitter.com/hashtag/PrinceAndrew?src=hash&amp;ref_src=twsrc%5Etfw">#PrinceAndrew</a>'s legal team is arguing that bc <a href="https://twitter.com/hashtag/JeffreyEpstein?src=hash&amp;ref_src=twsrc%5Etfw">#JeffreyEpstein</a> paid a settlement to <a href="https://twitter.com/hashtag/VirginiaGiuffre?src=hash&amp;ref_src=twsrc%5Etfw">#VirginiaGiuffre</a>, she can't pursue him for his alleged sexual assault crimes against her. That sounds like "Yes I did it, but my friend Jeffrey paid the girl."</p> — Peter Murphy (@PeterWMurphy1) <a href="https://twitter.com/PeterWMurphy1/status/1478076434308427777?ref_src=twsrc%5Etfw">January 3, 2022</a></blockquote> <p><span style="font-weight: 400;">They argued that Andrew’s status as a “senior member of the British royal family” meant he belonged to “one of the expressly identified categories of persons” who were “released from liability under the release agreement”.</span></p> <p><span style="font-weight: 400;">“As a third-party beneficiary of the release agreement, Prince Andrew is entitled to enforce the general release contained therein.”</span></p> <p><span style="font-weight: 400;">A representative for Giuffre’s lawyers said the document’s release was “irrelevant to Ms Giuffre’s claim against Prince Andrew” as it doesn’t mention him, as reported by </span><em><a rel="noopener" href="https://www.theguardian.com/us-news/2022/jan/03/jeffrey-epstein-prince-andrew-virginia-giuffre" target="_blank"><span style="font-weight: 400;">The Guardian</span></a></em><span style="font-weight: 400;">.</span></p> <p><span style="font-weight: 400;">“He did not even know about it. He could not have been a ‘potential defendant’ in the settled case against Jeffrey Epstein both because he was not subject to jurisdiction in Florida and because the Florida case involved federal claims to which he was not a part,” the representative said.</span></p> <p><span style="font-weight: 400;">“The actual parties to the release have made clear that Prince Andrew was not covered by it.</span></p> <p><span style="font-weight: 400;">“Lastly, the reason we sought to have the release made public was to refute the claims being made about it by Prince Andrew’s PR campaign.”</span></p> <p><span style="font-weight: 400;">Andrew’s legal team will argue for the dismissal on Tuesday in New York, where US District Judge Lewis Kaplan will decide whether Giuffre will be blocked from suing the prince.</span></p> <p><em><span style="font-weight: 400;">Image: Getty Images</span></em></p>

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