Tag Archives: Common Law

One debt too far?

I feel interestingly happy today. It is almost like I got the big role in the new Alice in Wonderland play. As i am a guy, some will think it is the role of the Mad Hatter or even the March Hare (there is supporting evidence that I am mad as a hatter and nuts as a Hare), but no! Those are not the leading roles. The leading role (apart from Alice) is the Cheshire cat, who was guiding Alice down the path.

The reason for these, are the events as I saw them this morning in the news. These events all took me back to my article on the 19th of June 2012 called ‘The accountability act – 2015‘. My quote ‘This is about stopping those walking out with non-existing virtual profits, turned into real money, and leaving others behind to clean the mess‘, is at the centre of that all.

This is all linked to a number of things, which by the way will have bearing on the Ukraine as well. The first is the article that we saw on Sky News (at http://news.sky.com/story/1239678/imf-warns-investors-over-rock-bottom-rates).

We see two quotes. The first gives us the warning “Investors are becoming dangerously reliant on rock-bottom interest rates, with many becoming so indebted they will face serious problems when borrowing costs rise, the International Monetary Fund (IMF) has warned“. The problem is that these investors include several governments. When we see in that same article “the amount of cash spent on leveraged loans – the high-debt instruments with financial problems – now exceeds the level in 2007 before the crisis“, we are starting to see a clear pattern. In my view this pattern is that those who were in charge are doing it again. Those who wielded certain options are now doing it behind the screens. They are servicing a ‘population’ of what I consider to be not too bright members of a government executive branch and as such the fallout will be well beyond what we considered possible before.

The last quote “The IMF said it was also concerned about the levels of debt in the emerging markets” is the one I leave in the middle for now, I will however get back to this one later in this article.

The second article comes from the IMF themselves (at http://www.imf.org/external/pubs/ft/survey/so/2014/POL040914B.htm) “Across advanced economies, the pace of fiscal consolidation is set to slow in 2014 as focus shifts to how to best design fiscal policies supportive of both further consolidation and a still uneven recovery“.

This reads as ‘In the US, EEC and Japan, the pace of reducing government deficits and debt accumulation will slow as governments are staring at designs of new fiscal plans for consolidation in the near future’. There could be other explanations, but consider that these three players have been utterly unable to close their wallets. They keep on overspending many billions (in the case of the US and Japan up to a trillion) of money they do not have. Over the last several months we have witnessed bad news management on many PRESS levels, whilst not actually looking truthfully at certain events. I will not insult the reader’s intelligence by quoting the LA Times in this case, but the headline that ‘the Global Economy is strengthening‘ reads like nothing less than a joke. The article read like a promotion page, with no real value, other than the percentages they were ‘boasting’ about. For the record, the US leading the way with less than three percent whilst Chinese growth is set at well above 7% might be correct, yet in the second part the US was leading as one of the developed nations, implying that China was not a developed nation, go figure!

The issue (as not shown by the LA Times) is that there are delays with the US for the IMF. In a quote from Australian Treasurer Joe Hockey, the following was phrased by ‘the Australian‘ “Senator Ted Cruz said that the package would unfairly raise US contributions while undermining its influence” (paraphrased).

This reads wrong in several ways. Is the IMF not supposed to be impartial in all this? The mission statement of the IMF (at http://www.imf.org) states “The IMF’s main goal is to ensure the stability of the international monetary and financial system. It helps resolve crises, and works with its member countries to promote growth and alleviate poverty“, it might just be me, but does that not require an impartial approach? If the US has too much influence here, how can stability be achieved, or is this the world according to ‘the US congress’? (I will steer away from blaming the White House here, as the IMF is supposed to be a long term planner and the White House is a short term location, in sets of 4 years).

It is however interesting how little there is to find on US Congress and the IMF, even by the larger newspapers. I was able to find http://www.reuters.com/article/2014/04/07/us-imf-reform-britain-idUSBREA361BX20140407. This article was published two days ago and it is interesting to see how many newspapers veered away from this Reuters article. Reuters had this quote “The failure of the U.S. Congress to ratify the agreed IMF reforms is bad for the institution and bad for the international community“. The additional part “A bid to get Congress to approve reforms of the IMF was dropped last month amid concerns that it could hold up a bill providing aid to Ukraine” as well as “The White House has been urging Congress for a year to approve a shift of $63 billion from an IMF crisis fund to its general accounts, as agreed by the U.S. government in 2010” are cause for concern. These payments were due for the IMF long before the Ukrainian crisis was on the map. So is this about not having any influence, or is this an early signal that the US has completely run out of money?
Yet a Chinese site (at http://english.cntv.cn/2014/04/08/VIDE1396947727947648.shtml) shows us that in their view with “The Spring gathering of the International Monetary Fund is approaching. China, Russia and other major developing nations are angry about a delay in reforms that give them more voting rights at the IMF. Now the countries are pushing forward with the reforms without waiting for the United States“, so now we get another view on the matter, Was Australian Treasurer Joe Hockey playing nice with the Chinese, or is there more? I personally do not think that he was ‘just’ playing nice. I have predicted before that the time with the US as a superpower would end. I have stated this for almost a year now. No matter where the interest of Texan Republican Senator Ted Cruz are and I have no doubt that his interest is Texas first, America second and his family third. Before you the reader thinks or even accepts the allegations by some that he is some newly formed version of the infamous McCarthy, then think again! When I did the math in a previous article called ‘Biased Journalism on USA shutdown?‘ which I wrote on October 1st 2013. Here we saw that Texas is one of only three states that could shoulder the national debt if it was evenly spread. So, to keep Texas strong, Ted Cruz has a fair point in regards to the IMF influence, but that is not what the IMF is about and it is Washington DC that went along with that, which means his hands are slightly tied.

The IMF article has set out that people are playing profit or government bail-out again (they did not state that, but the article implies it to some extent). The governments are not speaking out against these acts and as such we could face another massive economic setback in early 2015. In a minimal defence for Republican Ted Cruz it must be said that the IMF and the EEC are on a dangerous course. The Guardian is filled with messages on how the crises seems to be over and on how Greece is turning a corner towards better times. This is done at a time when it still needs another 8 billion; unemployment rates are at an all-time high and with European incomes remain dwindling down, Greek tourism is likely to remain far below levels for another 2-3 years.

It is the Catholic charity Caritas (at http://www.theguardian.com/world/2014/mar/27/europe-economic-crisis-worse-caritas-report) stating “disturbing levels of poverty and deprivation being noted among children and youth“. This is at the centre of the issues that are enveloping Spain, Italy and Greece. In addition a 114-page inquiry into the human cost of the crisis also mentions Cyprus, Ireland, Portugal and Romania. This might not be at the centre of the mission statements that the IMF goes by, yet these industrial nations rely on workers, the fact that these nations are in such a state is a clear signal that several governments are not up to speed to give the needed aid to those people. This is not in regard to the intent a government has, but the IMF signals seem to be lacking certain reporting flags at present. the Catholic report is a first clear signal that those ‘happy happy joy joy‘ reports that economies are getting better are basically skating around the issue that is holding many down and for some considering the statement that ‘these two issues are not connected‘, should consider standing in a corner staring at the wall and feeling ashamed for even considering the thought to begin with.

Now, I promised to get back to the Ukraine as I stated in the beginning. When we consider last year’s BBC article (at http://www.bbc.com/news/business-13366011), we saw that between 2009 and 2012, Germany was the ONLY nation who had its budget set correctly. The rest was short between 1% and 10% of their budgets. It is nice that these nations speak on percentages, because those shortages go into the hundreds of billions for some nations. The twelve nations represent over 53% of the entire EEC giving a summed deficit of 13.2 percent. This in itself is not a fair assessment, so let’s turn this around into a number. This number comes down to minus 546 billion, which is just the deficit for 2013. So, the governments are not keeping their balance in any way, in addition, we now see that investors are slowly playing their ‘games’ again. There was a rush on Greek bonds, because the evidence is coming that these people will get their money no matter what. So, why do we have any form of bail-outs? It is clear that overspending is not punished, so the entire Austerity posturing seems like an empty threat. I am all for helping out those in need, but it seems more and more clear that those ‘in need’ are not doing their part in cutting down on spending in any way, shape or form. So when (not if) the train goes off track, those smaller nations will be left to their own devices, ready to get exploited by all bigger companies to get their dividend. With the larger players India and China, it seems that US companies and bigger players want cheap nations for whatever market they want to get to. In such sights is it even a wonder how areas of the Ukraine are now in fear of what comes next?

That part is shown in several ways. Even though there is now such a boasted evidence of corruption in the Ukraine as the involvement of the ‘former’ president Yanukovich. Yet, if we accept and use the paper by Anna Yemelianova and is called ‘A Diagnosis of Corruption in Ukraine‘ (at http://www.againstcorruption.eu/wp-content/uploads/2012/09/WP-14-Diagnosis-of-Corruption-in-Ukraine-new.pdf), which I mentioned on March 18th, then there is no way that corruption is limited to one side of politics. Corruption in the Ukraine is too wide spread and any player above a certain level has to be tainted to some level.

It is still puzzling why the EEC and the US are so set on the Ukraine. Why set yourself up for these levels of costs? Why get in bed with the Ukraine, whilst the bulk of the EEC has overspent by well over 500 billion. Is it any wonder that some Ukrainians are frightfully running back into the Russian arms? If we believe the Russia Today, with their headline ‘US wants to destroy Ukrainian ‘bridge’ between EU and Russia – German intellectuals support Putin‘ (at http://rt.com/news/germans-support-putin-ukraine-265/), then we see the view of a struggling USA, who reports a nice number, but when payments are due, America will only be able to do so by taking another debt ceiling hike, which places them well over the edge of bankruptcy. I have some issues with the article for other reasons. Yes, the EEC wants to keep a good relationship with Russia, if only for the reason that most of Europe relies on cheap Russian Gas, which, when absent will push the bulk of the European middle class squarely into the poverty bracket. I am just wondering whether retired German Air Force Lieutenant Colonel Jochen Scholz was hoping to get a free training course in flying the Sukhoi T-50 stealth fighter, making him the first NATO officer to ever be allowed in ‘new’ state of the art Russian equipment (this is an insinuated assumption on my side). The article has a few more issues that are slightly too vague, but the sentiment is not incorrect. The American Anti-Kremlin approach in an age of non-accountability in the era of finance is an issue for too many people. So here is me, the Cheshire cat, all smiling and smirking on events currently playing out.

If the accountability act was indeed a reality on all Common Law nations, certain games would not be played and as such nations (the US, all EEC nations as well as Japan) would be in actually movement out of a ‘debt abyss’ and not at the whimsy of high stakes investor poker games where when it works they get a large bank account, if it fails they will get bailed out by the governments in some unnamed way, which does not seem to get a massive amount of press visibility.

So here we have it, what I evangelised from the very beginning or my blog. The world can be a better place, especially if people are held accountable for their actions. That part gets even more visibility when we notice a lack of press visibility ion some regards. When we see the Standard, a UK newspaper (at http://www.standard.co.uk/news/uk/press-freedom-debate-royal-charters-are-medieval-piece-of-nonsense-8898388.html) where it is all about the issue as “Media heavyweights have branded the government’s proposed royal charter for press regulation a ‘medieval piece of nonsense’“, yet only a little over a week earlier when the Telegraph reported (at http://www.telegraph.co.uk/news/worldnews/asia/malaysia/10720237/Malaysia-Airlines-crash-Suicide-mission-theory-of-MH370-investigators.html), how the MH-370 was a ‘suicide mission’. A piece that was so bad that it’s journalistic value was less than the photo that the Sun used to publish on page 3. This happened before the plane was found, without a black box, lacking in facts, but with a photo of a cabin crew member on page one of the newspaper. At the same time, the issue of the US Congress in regards to the IMF reforms, as stated by Australian Treasurer Joe Hockey has not made any non-Australian papers. So, again, as I have always stated, there should be freedom of the press, but there should also be accountability, which is exactly what Lord Justice Leveson had advocated. Perhaps some regulation would not be too far out of context as we see a lack of informative journalism and a still unhindered tsunami of paparazzi based articles.

If we are truly one debt too far, is it not time for accountability to step in?

Leave a comment

Filed under Finance, Law, Media, Politics

Is Ignorance now a valid defence strategy?

I must admit, that the case link that passed me on twitter had my in all states of confusion and amazement. The issue is that an 18 year old Muslim boy had ‘consensual’ sexual intercourse with a 13 year old girl. (Something we tend to refer to as paedophilia). Judge Michael Stokes decided to give the boy a 2 year suspended sentence.

The article was on the UK Daily mail, and I decided to take another look, yet, not much luck. Most other papers haven’t touched it yet, or will not touch it at all. Even Sky News UK seems to remain silent on the matter.

Let’s take a first look with legal eyes.
This was not a situation involving consent!

The Crimes Act 1900 (Australia) States in Section 61HA (4)

A person does not consent to sexual intercourse:

(a) If the person does not have the capacity to consent to the sexual intercourse, including because of age or cognitive incapacity, or

So, because of age, we have negation of consent.
This could now falls under Section 61I, Sexual assault

Any person who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 14 years.

However, the ‘AND’ is massively needed, this did not seem to be the case here.  So, there was NO sexual assault.
But, this situation is captured in Section 66C Sexual intercourse—child between 10 and 16

(1) Child between 10 and 14
Any person who has sexual intercourse with another person who is of or above the age of 10 years and under the age of 14 years is liable to imprisonment for 16 years.

So, he would get an additional 2 years in wonderful penitentiary Hilton. This would be an open shut case if we read the Crimes Act, however, in CTM v R [2008] HCA 25 where a suspended term of 18 months was delivered. There the facts were not the same. However, in this case the accused was under the honest believe and on reasonable grounds that the victim was over 16. (And not the age of 15 as she turned out to be). This scenario does not play the same way in the UK (Where they call this part the Sexual Offences act 2003).

There in Section 9 it states:

(i) B is under 16 and A does not reasonably believe that B is 16 or over, or

This is different. Yet, it should not matter as the accused knew the age, but did not know that the act was illegal. If we go by Section 9 (2) he would again be entitled to a government paid stay at Hilton Penitentiary for no longer than 14 years.

So is ignorance bliss?

This is only part one of the entire play. The second part is all about the following sentence : ”Earlier the court heard how Rashid had ‘little experience of women’ due to his education at an Islamic school in the UK, which cannot be named for legal reasons.”

If we look at The Sex Discrimination Act 1975 (SDA) which makes it illegal to discriminate on grounds of sex or marital status, and applies equally to women and men. Then we get two issues. One, the accused was guilty of discrimination (we will for now ignore the fact that he was genuinely not aware of this). The actual issue is that these values are allegedly propagated by this Islamic School. This is only one side, and we should await the official response of the school. However, the verdict has already been passed in the case of Mr Rashid.

So, is there another issue to prosecute? If the school was indeed guilty of this, then even though the accused should be convicted with more than a suspended sentence, it does give weight to this verdict where he only got a suspended sentence, and the school themselves should ALSO be held accountable for the transgressed events and as such another look should be taken in regards to Muslim school in the UK (actually, pretty much everywhere in the commonwealth). This is not me speaking against Muslim religion. We should all be aware that Christianity has had its own demons when it came to assigning equal values to women. There is however an issue with the fact that we embrace (or seem to embrace) equality. It seems from the information that the Muslim School does not seem to do that, and as such, it should be considered that these schools would have no business in any non-Muslim nation.

The end result is that a Muslim abuser who ‘didn’t know’ that sex with a girl of 13 was illegal is spared jail.

His honour ruled that putting this man into jail would do more bad then good. It is a hard call, especially as many want to side against a Muslim. Yet, he seems to have acted within his Muslim morals. I find it hard to convict him. I have fewer issues with a hard lash at this Muslim school, for the simple reason that this is managed by adults. THEY know (or should know) the law in the UK, especially in regards to matters of discrimination. To voice against the value of women should not be allowed anywhere within in the Commonwealth.

Leave a comment

Filed under Law

Just and Unjust alike?

We have all heard the utter unacceptable act against a young woman in India. She did not survive the events!

Now for most people from the most just person to the most unjust dealer of narcotics, we all seem to have two things in common. We all hate sex offenders and we hate offenders against children even more. These two events give way to feelings, that we as a people have hope. No matter how we feel about weapons, about drugs and about adult entertainment. We have a genetic drive to protect children and most of us see a woman as respected, admired and desired (not regarded as to be raped and beaten).

There are two issues with this highway of events as they happened the last few months (involving several rape cases).

First of all, most people all reacted in anger when we were told on the news (in my case BBC News) that a woman was raped on Nov 13th and that nothing was registered by the police until November 27th. The New York Times (Jan 3rd 02:00) mentioned in their article that in a similar case the police had done nothing for over 5 weeks. However when reading the Huffington post, they reported that the police allowed time for the families via elders to broker a deal. The even more unsettling part is that the elders tried to marry her to one of the attackers or the pressure on the family to accept a monetary settlement. Now for me the question becomes, how usual is this? I do not proclaim to have inside knowledge into Indian/Hindu affairs. So when reading this, I wonder whether the news was correctly portrayed, and if it was a correct/legal way to set things straight in India. (and no matter how legal, I still find it utterly disgusting that a woman would be treated in this way)

Now, let me be clear. Rape is NEVER EVER an accepted thing, and change as pushed for at present is a good thing in my mind.

I always believed in equal rights, and taking into consideration that out of 1 billion, 500 million people are unjustly treated is a big wrong, however, in my mind, it also means that criminals should be properly represented, or my idea of justice is just a farce at best. So, when I saw the news made mention of an event, that the Indian order of advocates made a move to not represent these criminals, I stood up in disbelief. Now, I will admit that I am not overly against capital punishment (especially against that group), but no matter what. They do deserve representation. They deserve decent defence, if only to make sure that we as a people do not turn into a quick lynch mob. There are rules of processing, rules of evidence, and as such, any party deserves correct representation, so that the law can be kept high, and it keeps the courtroom as a proper place for processing the criminals and the innocent alike.

Now, secondly, the need for a better system, so that the rights of women are correctly addressed is always a must, and it seems that the Indian way of life should be making a change for the better for everyone, not just men. My current concern is that these acts of violence against women are too common, and as such, India as a Commonwealth nation, should have been addressing these issues a long time ago. Why was it not?

Now to get back to the issue at hand, the honourable Sanjay Kumar from the Saket District bar council was quoted stating “We have decided that no lawyer will stand up to defend the rape accused as it would be immoral to defend the case”. Is this not the whole issue? How can justice be an actual issue, when only one side is represented?

In addition, there is an interesting part that became visible to me today. Out of the 228650 cases of violence in 2012, 89% of these cases were against women. THIS IS SHOCKING!

The fact that this is coming out now, to the extent it does. When we read about rights left, right and centre, this remained so undisclosed? Why is there not a lot MORE visibility of this injustice? I do not remember an overly visible amount of reports on this until last week. So, who were reporters representing? Big business perhaps?

However, I do still belief that both parties should be represented. ABC reported that “A panel to recommend changes to the criminal law dealing with sexual crimes was set up last week.” This is only the first week of January and over 650 cases of rape are already reported. I find it more shocking that it took a heinous act of such size for the Indian government, as well as the international press to take notice of this level of injustice.

It is my belief that the Indian government should face visible public scrutiny and that the current Prime minister Mr. Manmohan Singh, should answer the following issues:

1. Why are women’s rights so trampled on in India, a Commonwealth nation no less!

2. Why is due process not correctly attended to? No matter how immoral, if we belief in commonwealth justice (common law), then both parties should be represented. If only to make sure that correct due process is adhered to, and that the law is properly applied. I understand the disgust of the honourable Mr. Kumar, but they do not set policy, and a refusal to represent a party is a change of jurisprudential policy, and it is interesting that current information implies that the government did not respond to the statement by Mr. Kumar. Why not?

3. We seem to go the great lengths to avoid Pakistan, Russia, Saudi Arabia and several other nations as business partners as human rights are trampled on. How is this any different? And if we accept that, why is India not on the list? Because many industrialised nations use them for cheap labour? Their moral values seem highly sanctimonious to me.

My biggest fear is that in the end too many men will walk away, as they will at some point shout the defence that no proper defence was allowed for them, which must be prevented at any cost, as it allows for even more injustice.

As for all these so called upset captains of industry. Perhaps you all should consider another solution. In stead of outsourcing TO India, i say that we start pulling out of India. In this day and age of recessions, that should have a very visible consequence in India, and that might be a clear signal for change. When this level of violence against women (89%) is tolerated by western worlds by doing business with these people we clearly have more problems then we admit to. I will not pretend to have all the answers, or even have some of the answers. However, it is clear that a lot more needs to be done, it should be done correctly and it should happen very very soon.

Leave a comment

Filed under Law