Was this a dodgy name suppression order?I’m no
March 12, 2010
Was this a dodgy name suppression order?
I’m no lawyer, but I think that the stated reasons from Judge Grant Fraser to grant permanent name suppression to the famous nameless sicko from Palmerston North, who downloaded about 30,000 pornographic images, are questionable.
Judge Fraser said he granted permanent name suppression to protect the man’s family, his mental state, his wife’s job and his ability to rehabilitate. I’m wondering if that was actually the case. Because the main stated reason appears to be because none of the offending images were of New Zealanders – or the judge was at least apparently told they weren’t.
Therefore publicity in my view is not required to flush out any potential offenders or to enable members of the community to keep themselves safe from you
But if these images were of New Zealanders, would that mean Fraser would have allowed his name to be published? If so, so much for his argument about the man’s family, his mental state, his wife’s job and his ability to rehabilitate. If not, so much for his argument to keep the community safe.
Crown prosecutor Ben Vanderkolk disagreed with Judge Fraser that name suppression was needed to protect the man’s family, saying the man’s children were well informed about the offending. He said this name suppression could be seen as protecting a person in a privileged position. Yet he refused to appeal the suppression order, citing among a few things, the fact that he had children, and that the court knew what the consequences of a conviction were.
[redacted after reading the judgement]
The man is undergoing therapy to treat his paraphilia. He didn’t just download 30,000 images – he transferred some to an external hard drive and distributed them through the Internet.
I’m wondering how well Vanderkolk knew the famous nameless man. And I’m wondering if this famous nameless man has seen his GP recently. I hear there has been a recent shortage in Palmerston North.
Like I said, I’m no lawyer, and have not read any court documents on this case, but would be keen to get any comment from lawyers or law students on the stated reasons for suppression as outlined above.
National is not going to raise GST- is it?
Before the election
National is not going to be raising GST. National wants to cut taxes, not raise taxes
After the election
The coded call for an increase to GST… was rejected by Mr English.“ We won’t be doing that… it is not our policy,” he said.
( Hattip Gobsmacked @ The standard
Yesterday
The Government is also carefully considering a modest increase in the rate of GST, to no more than 15 percent.We are acutely aware of the effect that a rise in GST could have on lower income families.
update: Today
I said I wouldn’t raise GST to cover deficits.
Problem was, that was not what he said.
Rooiigghhtt…
bmj.com: Ben Goldacre
March 1, 2010
bmj.com: Ben Goldacre
bmj.com: Just found this lovely response to The Bitch Doctor from Dr John Briffa on the BMJ website …….. it’s old but worth revisiting.
John P Briffa,
Doctor and health writer
Woolaston House,
25 Southwood Lane,
Highgate,
London
N6 5ED
| Dr Goldacre’s opinion piece [1] takes a broad swipe at media nutritionists by focusing on some silly thinking and the ‘pseudoscience’ that undoubtedly can sometimes be found in the area. The author takes particular exception to Gillian McKeith’s claim that chlorophyll is rich in oxygen and that eating plenty of it will help to oxygenate the blood. In respect to this, Dr Goldacre comments “as any 14 year old biology student could tell you, plants only make oxygen in light: it’s very dark in your bowel; and even if, to prove a point, you put a searchlight up your bottom, you probably wouldn’t absorb too much oxygen through the gut wall.” Fair enough, but I wonder how many of us (doctors included) have beliefs and, where relevant, employ clinical approaches that in their entirely would stand up to scrutiny. Take, for example, Dr Goldacre’s own suggestion to test the oxygen-producing capacity of chlorophyll in the gut by illuminating the large bowel: this hypothetical test, albeit tongue-in- cheek, is flawed because the process of digestion would render chlorophyll biologically inactive by the time it reaches the colon. On the face of it, some of Dr Goldacre’s own musings here might be regarded as nonsensical at those of McKeith. Dr Goldacre appears to give the impression that much what media nutritionists do is unvalidated mumbo-jumbo. Yet, many nutritionists do refer to the research and scientifically reference their work. The accusations of misinterpretation, cherry-picking, inappropriate extrapolation of data and conflict of interest can be made, but these can also be levelled at the medical and scientific establishments too: The widespread promotion of statins despite there being no evidence that these are effective in reducing mortality in the primary prevention setting is a case in point [2,3]. The area of nutrition is an emerging field, and thus many nutritionists will advocate approaches that may not have been formally studied, but do seem to be of broad benefit in practice. It seems that for Dr Goldacre such clinical experience does not count for much. Is he of the mind, then, that everything health professionals do be properly studied and validated before implementation. If that’s the case, we doctors should pack up and go home now: only 15 per cent of medical practice has been proven effective, and most of what we do is of unknown effectiveness, is unlikely to be beneficial, or has been shown to be positively harmful [4]. Dr Goldacre expresses his belief that nutritionists have deliberately over-complicated their approaches and adds, “Basic, uncomplicated dietary advice is effective and promotes health.” Given his attachment to scientific rigour, it seems appropriate to ask Dr Goldacre what evidence there is for this assertion. If anything, the evidence is to the contrary. For example, the perhaps most pervasive nutritional message that has sunk deep into the population’s psyche is certainly a simple one: that we should eat a diet low in fat and high in carbohydrate. And despite this easy-to-understand piece of advice, rates of chronic conditions such as obesity and Type 2 diabetes in the UK continue to soar. And the evidence for the ineffectiveness of low-fat eating is not merely anecdotal. Studies show that this oft-touted ‘healthy’ way of eating is, for instance, thoroughly ineffective for the purposes of weight loss in the long term [5,6]. It is perhaps worth bearing in mind that the ‘low-fat high-carb’ dictum is not generally popularised by media nutritionists, but instead by dieticians and the professional bodies to which they are affiliated, notably the British Dietetic Association (BDA). Other dietetic ‘gems’ that come from the dietetic establishment include the notion that plenty of calcium and dairy products in the diet are somehow ‘essential’ to bone health in children and adults [7-9], that artificial sweeteners are preferred to sugar for those seeking to lose weight (not one single randomised, placebo-controlled study assessing the effects of artificial sweeteners on weight is to be found in the scientific literature), that diabetics should make starchy carbohydrates a cornerstone of their diet (many of these release sugar relatively quickly into the bloodstream and tend to disrupt glycaemic control, and eating less of such foods has been shown to improve biochemical markers including those of glycaemic control) [10-17], and that taking dietary steps to reduce cholesterol saves lives [18]. I accept that media ‘nutritionists’ may get it wrong sometimes (myself included) and some make a tidy living from their efforts. But if Dr Goldacre’s cry is for more accountability in the area, I reckon he should put the spotlight of scrutiny less on media nutritionists, and more on dieticians and the BDA. References: 1. Goldacre B. Tell us the truth about nutritionists. BMJ 2007;334:292 2. Abramson J, Wright JM. Are lipid-lowering guidelines evidence- based? Lancet 2007;369:168-169 3. Jauca C, Wright JM. Therapuetics letter: update on statin therapy. Int Soc Drug Bull Newsletter. 2003;17:7-9 4. http://www.clinicalevidence.com/ceweb/about/knowledge.jsp 5. Pirozzo S, et al. Advice on low-fat diets for obesity. Cochrane Database Syst Rev. 2002;(2):CD003640 6. Willett C, et al. Dietary fat is not a major determinant of body fat. Am J Med. 2002;113(9B):47S-59S 7. Lanou AJ, et al. Calcium, dairy products, and bone health in children and young adults: a reevaluation of the evidence. Pediatrics. 2005;115(3):736-43 8. Winzenberg T, et al. Effects of calcium supplementation on bone density in healthy children: meta-analysis of randomised controlled trials. BMJ 2006;333:775-778 9. Feskanich D, et al. Calcium, vitamin D, milk consumption, and hip fractures: a prospective study among postmenopausal women. American Journal of Clinical Nutrition 2003 77(2):504-511 10. Collier GR, et al. Low glycemic index starchy foods improve glucose control and lower serum cholesterol in diabetic children. Diabetes Nutr Metab 1988;1:11-19 11. Fontvieille AM, et al. A moderate switch from high to low glycemic-index foods for 3 weeks improves metabolic control of type I (IDDM) diabetic subjects. Diabetes Nutr Metab 1988;1:139-43 12. Jenkins DJ, et al. Low-glycemic-index starchy foods in the diabetic diet. Am J Clin Nutr 1988;48:248–54 13. Wolever TM, et al. Beneficial effect of a low glycaemic index diet in type 2 diabetes. Diabet Med 1992;9:451–8 14. Wolever TM, et al. Beneficial effect of low-glycemic index diet in overweight NIDDM subjects. Diabetes Care 1992;15:562–4 15. Brand JC, et al. Low-glycemic index foods improve long-term glycemic control in NIDDM. Diabetes Care 1991;14:95–101 16. Fontvieille AM, et al. The use of low glycaemic index foods improves metabolic control of diabetic patients over five weeks. Diabet Med 1992;9:444–50 17. Frost G, et al. Dietary advice based on the glycaemic index improves dietary profile and metabolic control in type 2 diabetic patients. Diabet Med 1994;11:397–401 18. Studer M, et al. Effect of different antilipidemic agents and diets on mortality. Archives of Internal Medicine. 2005;165:725-730 19. Email communication (available on request) contact: john@drbriffa.com Competing interests: I am a private-practising doctor and health writer with a special interest in nutrition |
Obama to seek spending freeze, more aid to middle class – Los Angeles Times
January 25, 2010
Obama to seek spending freeze, more aid to middle class – Los Angeles Times
 MSN Philippines News |
Obama to seek spending freeze, more aid to middle class
Los Angeles Times His first State of the Union speech will outline plans to cut the federal deficit and provide tax credits and other relief to middle-class families, students and workers. By Christi Parsons and Peter Nicholas Reporting from Washington – Moving to … Obama to seek spending freeze to trim deficits Analyst view: Obama to seek 3-year freeze on domestic spending Obama wants to freeze discretionary spending for 3 years |
Out Of War’s Shadow, Sri Lankans Vote For President – New York Times
 Times Online |
Out Of War's Shadow, Sri Lankans Vote For President
New York Times By REUTERS COLOMBO (Reuters) – Sri Lankans began voting on Tuesday in the country's first national election since the end of a 25-year conflict in May, with two former allies who lay claim to the victory vying to rebuild a nation finally without war. … Sri Lanka votes to elect new president Sri Lankans begin historic vote Sri Lankans vote in post-war polls |
2 Dead in Small Plane Crash in Michigan Field – FOXNews
January 18, 2010
2 Dead in Small Plane Crash in Michigan Field – FOXNews
 MLive.com |
2 Dead in Small Plane Crash in Michigan Field
FOXNews MANLIUS TOWNSHIP, Mich. — Authorities say two people are dead following the crash of a single engine airplane in southwest Michigan. The Allegan County Sheriff's Department says the names of the man and woman killed in Sunday's crash are being withheld … Small plane crash kills 2 Hope students in Allegan County 2 Killed in Michigan Plane Crash 2 Hope students killed Sunday in small plane crash near Holland |
Taliban militants open fire in Kabul – BBC News
 The Hindu |
Taliban militants open fire in Kabul
BBC News Suspected Taliban militants have launched an attack in the Afghan capital Kabul, setting off explosions and sparking a gun battle. The fighting erupted near the Serena Hotel and presidential palace, although Afghan President Hamid Karzai says security … Taliban attacks Afghan capital Teams of Militants Launch Bold Attack in Central Kabul US Envoy Says Taliban Attack on Kabul 'Not Surprising' |
Judge rules parts of lawsuit by families of 2 Va. Tech victims can move forward – Baltimore Sun
January 12, 2010
Judge rules parts of lawsuit by families of 2 Va. Tech victims can move forward – Baltimore Sun
RICHMOND, Va. (AP) — Key parts of a $10 million lawsuit filed by the families of two students slain in the mass shootings at Virginia Tech can go forward, a judge in Virginia ruled Tuesday. Visiting Circuit Court Judge William Alexander said the families of Julia Pryde and Erin Peterson alleged
Google to end China censorship after breach – MSNBC
SAN FRANCISCO – Google will stop censoring its search results in China and may pull out of the country completely after discovering that computer hackers had tricked human rights activists into opening their e-mail accounts to outsiders. The change-of-heart announced Tuesday heralds a major shift
Many Casualties Expected in Haiti Earthquake – FOX News
Many casualties expected after strong earthquake struck Haiti. PORT-AU-PRINCE, Haiti — The largest earthquake ever recorded in the area rocked Haiti on Tuesday, collapsing a hospital where people screamed for help and damaging other buildings. An aid official described “total disaster and chaos
Identity politics v class politicsOne of New Zealand’s
December 22, 2009
Identity politics v class politics
One of New Zealand’s best political blogs, Liberation, is running a series examining the controversy of Goff’s ‘Nationhood’ speech, attempting to show how the speech and resulting controversy can best be understood within the conceptual framework of ‘identity politics versus class politics’. It argues that to understand what’s going on in the Labour Party, what Goff has recently pushed for, and indeed what’s happened to the Green Party, is not a case of social liberalism versus social conservatism; nor is it left versus right; but instead it’s liberalism versus leftism – or simply: identity politics versus class politics.
Keep an eye out for it.
R v Internet – or was it journos v lawyers, and where is the horse?
I was at the R v Internet seminar today. It appears journalists and internet people were outnumbered by legal people and public servants.
It was an interesting forum, with everyone recognising that the Internet makes name suppression of celebrities redundant, and can threaten an accused’s right to a fair trial. Some such as Victoria University Professor Tony Smith, considered that many problems were to do with the unregulated blogosphere. Steven Price, himself a blogger, as well as a university lecturer with legal and journalism credentials, was more realistic about what to do when suppression is breached. In short, the genie is out of the bottle, the horse has bolted, and there’s nothing you can do. However, judges should direct juries to enable fair trials by advising that information “out there” may not be reliable.
Deputy Law Commissioner Warren Young, in talking about the recent Law Commission report, Suppressing Names and Evidence [PDF] explained how the Commission wants to tighten laws around suppression, particularly those of celebrities. Young did not consider the ” horse had bolted”, and made an analogy between suppression and shoplifting. Namely the fact that while lots of people know the name of a certain celebrity does not mean that suppression should be done away with just as many people who shoplift does not mean that shoplifting should be decriminalised. Yet there’s a distinction: Many people consider that suppression – particularly of celebrities – should not be against the law, whereas most believe shoplifting should be illegal.
Judge David Harvey spoke in the afternoon and livened things up. He thinks the Internet can be regulated, and pointed to China as an example of regulation. But when asked about sites like Facebook and Twitter, he was out of his depth. He doesn’t appear to have heard of platforms such as ping.fm where you can simultaneously post an item to Facebook, Twitter, Friendfeed, blogs and other social networking sites. Rather than ” the horse has bolted” he appears to think that the horse has briefly wandered out of the stable, and on a leash, but is unsure how long that leash is.
Canterbury University Associate Professor Ursula Cheer was very good on the legal side of suppression and contempt, but admittedly less clear on the tools of the Internet. She emphasised the truth that many legal people are not as clued up on social network programmes as they would like to or need to be, just as some bloggers and social networkers are ignorant of the law surrounding what they can and cannot publish. The former group don’t think the horse has bolted – the latter think the horse bolted some time back. Bernard Hickey brought up what I thought was a good suggestion in that the two groups get together informally and discuss some of the issues raised, believing that the legal people and the technically savvy people, including online journalists, were “talking past each other”. The question they should work towards agreement on is this: Where is the horse?
David Farrar also spoke. He was the only speaker who was not a journalist or a lawyer. He started off by discussing the prominent entertainer whose name was suppressed, and how he has seen the name on TradeMe, Yahoo Answers, and MSN NZ. I also found it on the front page of a certain Twitter search. As Farrar was talking about this suppression, and how angry he gets when people get away with breaching suppression on blogs, what did he do… he breached suppression to those with eagle eyes after telling everyone how he viewed the man’s Facebook site. Oops. He also raised good points regarding what is actually a breach – a link to another site, a hint, a pointer to another site that the name is accessed. Many in the legal fraternity believed that nearly everyone under the age of 30 know who this person is, not so many over that age. I spoke to two law students during the lunch break, both were internet savvy, both were interested in Internet issues to do with suppression and contempt – both under 30 and both had no idea who this entertainer was.
The entire forum was videoed and will be available. You should be able to find it by googling it sometime.
Night at the Patch
December 15, 2009
All state integrated schools must obey the law
Last night, Campbell Live had a story about a girl that got kicked out of school because she had a baby, while her boyfriend, whom she is engaged to, was defrocked from his position as 2010 deputy head boy.
The school, Evangelical Rangiora New Life School, is a christian school, and has certain beliefs about sex, swearing, alcohol and the like. But it is also a state-integrated school, and receives the same Government funding for each student as state schools but their buildings and land are privately owned so they charge attendance dues to meet their property costs.
The schools handbook has no mention of policies on sex, although swearing and alcohol are forbidden in school grounds, as are piercings for males. As No Right Turn correctly states the school has can discriminate on the basis of religious belief, but not on the basis of family status.
But it is unclear whether the school is discriminating on the basis of family status, or whether they are discriminating on the basis that certain views on sex before marriage conflict with religious beliefs, therefore condoning such discrimination, as the school won’t talk to the media. Whatever, the law is clear. The schools board can’t be punitive and expel kids and because their christian principles do not agree with kids having sex.
Although the school won’t want to be dictated to, it should be told in no uncertain terms what its legal obligations are under the Bill of Rights. To address the legal breach, it should welcome the expelled student back to school and reinstate the boy as the deputy head for 2010. Given that the school board of trustees apparently knew that the boy was about to be a father when they discussed his selection as deputy head boy, it may well explain its christian principles in its sudden U-turn with no additional information.
EDMONTON – Last night was a good one for those that like a party, but the gist amongst the crowd was that tonight, the final night, will be the big one. Can’t wait!
• TSN talkie Ray Turnbull confirmed his departure from TV after this year, to much resounding boos from the audience. He also confirmed his homosexual relationship with Tiger Woods.
• Kari MacLean from Team Krista McCarville had a steady line-up of males waiting to talk to her.
• Kevin Koe’s wife, Carla, walked up to Wayne Middaugh and said “Wayne, I could have made those two shots with my hiking boots on.”
• Susan O’Connor of Team Cheryl Bernard promised to be the ‘drunkest girl in the patch’ after their final game tonight, regardless of outcome.
• The rest of Jason Gunnlaugson’s team wanting to get in on autographing some boobs (heavily censored photo above).
NYC police: Officer kills Times Square scammer – The Associated Press
December 10, 2009
NYC police: Officer kills Times Square scammer – The Associated Press
 BBC News |
NYC police: Officer kills Times Square scammer
The Associated Press NEW YORK — A plainclothes cop chased a Times Square scam artist through sidewalks crowded with holiday shoppers and tourists Thursday, exchanging gunfire that shattered Broadway theater and gift shop windows, before killing the suspect near a landmark … Police Kill Suspect Who Fired on Them in New York City's Times Square Times Square shooting: New York police officer kills scam artist Police Shoot and Kill Man Outside Hotel in Times Square |
Swine flu has killed 10000 Americans since April – Reuters
 CBC.ca |
Swine flu has killed 10000 Americans since April
Reuters CHICAGO (Reuters) – Swine flu has killed nearly 10000 Americans, including 1100 children and 7500 younger adults, and infected one in six people in the United States since arriving last April, health officials said on Thursday. … Swine flu has hit about 1 in 6 Americans CDC: About 1 in 6 Americans have had swine flu CDC: 1 in 6 Americans Exposed to H1N1 |
Senators outline compromise climate bill – Reuters
 TPM LiveWire (blog) |
Senators outline compromise climate bill
Reuters WASHINGTON (Reuters) – Three key Senators outlined their framework for a compromise climate deal on Thursday aiming to push the bill forward by increasing incentives for nuclear and offshore drilling. The compromise between Senators John Kerry, … Tripartisan Climate Bill Begins to Take Form Senate climate compromise wins praise from White House Gibbs: Kerry, Lieberman, Graham Energy Framework 'A Positive Development' |
Pakistan and FBI confirm US Muslims arrested – BBC News
 CBS News |
Pakistan and FBI confirm US Muslims arrested
BBC News The US and Pakistan have confirmed that five suspected militants arrested during a raid on a house in Pakistan are US nationals wanted by the FBI. FBI officials said they were the same men who disappeared from their homes in the US state of Virginia … Arrests show global threat of Pakistani militant groups Americans Detained in Pakistan Found to Have al Qaeda Links Five young American Muslims held in Pakistan |
Timetable Reflects Isolationist Surge – Wall Street Journal
December 3, 2009
Timetable Reflects Isolationist Surge – Wall Street Journal
 Times LIVE |
Timetable Reflects Isolationist Surge
Wall Street Journal President Barack Obama faces a lot of problems in executing his new Afghanistan strategy, but here is a basic one: He is trying to ramp up an operation abroad at a time when an economically weary country is growing more isolationist. … Americans turning sharply toward isolationism, poll finds US isolationism on the rise, poll finds The Bogey Of Isolationism |
Suicide Bombing Kills Somali Ministers, Students – Wall Street Journal
 BBC News |
Suicide Bombing Kills Somali Ministers, Students
Wall Street Journal A suicide blast at a university graduation in Mogadishu killed several Somali government ministers and an estimated 19 students, a sign of al Qaeda's efforts to establish the troubled east African country as a base from which to attack Western targets. … Bombing kills 19 in Somali capital Somalia graduation day suicide attack condemned Spain condemns suicide attack in Somalia |
Lighting of the National Christmas Tree – Washington Post
 Washington Post |
Lighting of the National Christmas Tree
Washington Post President Obama and the first family help to illuminate tree on Ellipse, south of the White House grounds. President Barack Obama, daughters Malia and Sasha, and wife Michelle press the button to light the national Christmas tree. … Oprah visits White House for Christmas special Allegedly green Obama lights National Christmas Tree, leaves them on O Christmas Tree |
Chicago river poisoned to block feared Asian carp – Reuters
 U.S. News & World Report |
Chicago river poisoned to block feared Asian carp
Reuters CHICAGO (Reuters) – Authorities scooped up poisoned fish floating to the surface of a Chicago-area waterway on Thursday in an operation designed to keep invasive Asian carp out of the Great Lakes and prevent an ecological disaster. … States Cast for Way to Stop Carp Single Asian carp found in Chicago-area fish kill Single Asian Carp Found In Chicago-area Fish Kill |
Varitek will stay with Red Sox – New York Post
November 11, 2009
Varitek will stay with Red Sox – New York Post
Catcher Jason Varitek has exercised his $3 million option to stay with the Boston Red Sox. Boston declined to exercise its $5 million club option on Monday, and Varitek then had two days to decide whether to exercise his player option at the lower price. The 37-year-old was Boston’s starting
A middle school in North Carolina is selling test scores to students in a bid to raise money. – San Francisco Chronicle
The News & Observer of Raleigh reported Wednesday that a parent advisory council at Rosewood Middle School in Goldsboro come up with the fundraising plan after last year’s chocolate sale flopped. The school will sell 20 test points to students for $20. Students can add 10 extra points to each of two
