Was this a dodgy name suppression order?I’m no

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.

[video]

Problem was, that was not what he said.
Rooiigghhtt…

Live Web Chat – Nutritionist

Live Web Chat – Nutritionist

Improve your diet to get pregnant :: Understanding Your Fertility :: Baby Expert

Live Chatroom on Baby Expert with London Nutritionist Yvonne Bishop-Weston – Mothers ask your questions for free.

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What’s the difference?

Biden says Cheney is misinformed or misleading – The Associated Press

Biden says Cheney is misinformed or misleading – The Associated Press

Biden says Cheney is misinformed or misleading The Associated Press WASHINGTON — Vice President Joe Biden on Sunday belittled Dick Cheney's criticism of the Obama administration's commitment to fighting terrorism as either "misinformed or he is misinforming" and said the Iraq wasn't worth it because of "the horrible … Biden Swings Back at Cheney for War on Terror CriticismDaily Caller TV SoundOff: Sunday Talking HeadsHuffington Post (blog) Biden, Cheney Spar On Sunday ShowsNPR (blog) Daily Beast -Politico -AMERICAblog (blog) all 263 news articles »

Obama names US envoy to Islamic Conference – Washington Post

India Talkies

Obama names US envoy to Islamic Conference Washington Post President Obama announced Saturday the appointment of Rashad Hussain, a White House lawyer, to be his special envoy to the Organization of the Islamic Conference. Obama made the announcement in a video conference to the US-Islamic World … US Envoy Is to Be Link to MuslimsNew York Times Obama names White House lawyer as US emissary to Muslim worldLos Angeles Times White House lawyer named Muslim envoyUPI.com BBC News -The Associated Press -AFP all 241 news articles »

Toyota recalls 8,000 Tacoma trucks – CNN

Toyota recalls 8,000 Tacoma trucks – CNN
(CNN) — Toyota announced a voluntary safety recall of about 8,000 four-wheel-drive Tacoma trucks in North America, citing potential production defects in the front drive shaft of certain 2010 models. The automaker said Friday that the front shaft in a small production run of pickups may include a

Astronauts hit snag with new space station room – Danbury News-Times
This image made from video available by NASA on Thursday Feb. 11, 2010, shows visiting shuttle crewmen Robert Behnken working outside the International Space Station. Photo: NASA / AP This image made from video available by NASA on Thursday Feb. 11, 2010, shows visiting shuttle crewmen Robert

14 Indian Soldiers Suspended Over Kashmir Killing – CBS News
(AP) SRINAGAR, India (AP) – Fourteen Indian border guards were suspended Saturday for suspected involvement in the shooting death of a teenager in the troubled Indian-ruled portion of Kashmir, an official said. The killing, the second death of a Kashmiri youth in a week, triggered massive anti-India

Aircraft Makes Emergency Landing on NJ Turnpike – ABC News

Aircraft Makes Emergency Landing on NJ Turnpike – ABC News
Officials say a single-engine aircraft made an emergency landing on the New Jersey Turnpike during the morning rush, but no one is injured. Turnpike Authority spokesman Joe Orlando says the plane with two people aboard landed in the northbound lanes in Cherry Hill Monday morning, about five miles

Grammys 2010: Beyonce, Taylor Swift and Michael Jackson’s kids, Prince and Paris, rule awards – New York Daily News
Paris Jackson (L) and Prince Michael Jackson accept the Lifetime Achievement award for Michael Jackson onstage during the Grammys. WATCH VIDEO of Pink’s incredible Grammy performance below. Kravitz/FilmMagic.co Beyonce performs onstage during the 52nd Annual Awards held at Staples Center in L.A

Protecting Against ‘Lone Wolf’ at Super Bowl – FOX News
Jan. 31: A fan is searched before entering Miami’s Sun Life Stadium before the NFL Pro Bowl. MIAMI — The massive, multimillion-dollar security operations for the Super Bowl and Winter Olympics are being adjusted in light of recent breaches such as the attempted Christmas Day bombing of an airliner

music immersion

music immersion

Click to Play

Israeli army kills six Palestinians in Gaza, West Bank – Xinhua

Israeli army kills six Palestinians in Gaza, West Bank – Xinhua

Xinhua

Israeli army kills six Palestinians in Gaza, West Bank Xinhua GAZA/NABLUS, West Bank, Dec. 26 (Xinhua) — Israeli forces killed six Palestinians, including three militants, in two attacks early Saturday in northern Gaza Strip and West Bank city of Nablus, witnesses and local sources said. In the first raid, … Israeli troops kills 6 PalestiniansCNN IDF kills Palestinians behind murder of settlerHa’aretz Al-Aqsa Brigades: Israel opening gates of hellYnetnews New York Times -BBC News -Reuters all 764 news articles »

NATO: Taliban Commander Dies in Mosque Shootout – New York Times

Reuters

NATO: Taliban Commander Dies in Mosque Shootout New York Times By AP KABUL (AP) — A heavily armed Taliban commander was killed Saturday during an pre-dawn shootout at a mosque in eastern Afghanistan, NATO said as it reported an American service member was killed in a separate attack. A joint Afghan-international … Taliban Commander Killed in Mosque ShootoutVoice of America US soldier killed in Afghanistan bomb attack: NATOAFP Taliban issue video of captive US soldierReuters Xinhua -Wall Street Journal -BBC News all 1,254 news articles »

Obama faces tough fight in Senate to deliver on climate pledges made overseas – Washington Post

Brisbane Times

Obama faces tough fight in Senate to deliver on climate pledges made overseas Washington Post By brokering a climate deal in Copenhagen a week ago, President Obama has committed himself to a more daunting task: pushing for comprehensive climate legislation in the Senate next year. Although many senators, especially key … White House: President Obama Monitoring Failed Terror Attempt From HawaiiFOXNews Obamas enjoy a quiet holiday, Hawaiian styleBoston Globe Quiet Christmas Day for Obamas in HawaiiSeattle Times Bloomberg -The Money Times -KHON2 all 1,888 news articles »

Identity politics v class politicsOne of New Zealand’s

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.

Wintery Heaven in Cu Mara

Wintery Heaven in Cu Mara
My home in these past few days has been the beautiful Cu Mara. I love the peaceful winter atmosphere here. The snow movement, colors, trees,…everything is absolutely charming. I ended up making a little machinima about the sim (see below) and I even edited some of the footage into my holiday card for this year.

If you’d like to spend a few moments in the ideal winter environment with your friends or by yourself, I highly recommend Cu Mara. There is also a hidden skating ring that you can get to by sitting on a snowman Have fun exploring!

Vancouver 2010 medals unveiled

Vancouver 2010 medals unveiled

The heavy medals have been unveiled.

Sandhya2 Patel at The Crescent Moon Museum
Today marks the opening of Sandhya2 Patel’s exhibit at the Crescent Moon museum. Her artwork is a compilation of whimsical sculptures and figurines, some taken from stories or literary pieces such as Alice in Wonderland.

From the artist: “I was fascinated immediately by the possibility of building things in SL.
I started the fist day and have been building ever since.

I have created avatars, built houses, done landscaping , but the most fun
I have had is making statues and sculptures.”

Head over to the Crescent Museum now!

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