Free Ramón Labañino Salazar.Ashland, Ky. — We sat in the last three seats of the last neat row of red plastic chairs. It was the visitors’ room of the federal prison here on a rainy but not so cold Saturday morning in December. A door across the room opened and there he was, Ramón Labañino Salazar. Although other prisoners were also joining loved ones and visitors, Ramón filled the room with his warm smile. Strong and tall, he joined us. Elizabeth Palmiero, Ramón’s spouse, graciously shared her precious and limited face-to-face visiting time with me and joined our conversation.Ramón expressed gratitude to the solidarity movement on behalf of all five of the Cubans arrested on Sept. 12, 1998. He sends five hugs to everyone who contributed to the efforts large and small that have brought us to this point over more than 16 years of struggle. Ramón reviewed the victories won, including the appeals and resentencing that reduced his unbelievable life plus 18 years, to a still wildly excessive 30 years.Unless you are Cuban, unregistered foreign agents in the U.S. with false identities are usually deported to their home countries. Ramón noted that the U.S. deports many, many people every day.He credited the solidarity movement for the victorious appeals and the resentencing that reduced all the vindictive life sentences except the still outstanding double life plus 15 years for Gerardo Hernández. And Ramón stressed once again — at a time when pressure grows on the Obama administration to begin changing its relationship with socialist Cuba — that there will be no settlement without including Gerardo. Ramón said he has asked that all resources that might be used on his behalf be used instead for Gerardo Hernández’s case.In particular, Ramón viewed the next year, especially the next months leading up to the April 2015 Summit of the Americas, as a critical time to expand the movement that will open the prison doors for Gerardo Hernández, Antonio Guerrero and him.As with Mumia Abu-Jamal’s commentaries from prison, Ramón’s views and insights engage events beyond the prison wall and these Ohio River hills. He is very aware of and in solidarity with the anti-racist mass movements literally filling the streets and highways in cities across the United States, provoked when police officers were given official impunity to kill unarmed Black men like young Mike Brown and Eric Garner. He also closely follows the current events in Mexico, where a countrywide movement demands justice for the 43 disappeared Ayotzinapa students.On Dec. 13, 2001, Ramón Labañino was sentenced. As the thirteenth anniversary approached, I reviewed his statement to the court on that date in the face of what for some would have been a devastating life sentence plus 18 years. In the Ashland Federal Correctional Institution visitor’s room, it was the same optimistic, confident and firm man committed to saving lives and preventing terrorism who had 13 years ago made the following statement:“Gentlemen of the prosecution, whether you like it or not, Cuba is an independent and sovereign country. It has its own legitimate government, its own president, its own martyrs and heroes, and its own convictions. Cuba is not different from the United States. And, gentlemen, Cuba must be respected!“We know that efforts were made to ensure an impartial trial. But the city of Miami is not a place where goals like these can be achieved when it comes to Cuba. Perhaps that was the most critical error in our case: holding the trial in this city.“If preventing the deaths of innocent human beings, defending our two countries from terrorism, and preventing a senseless invasion of Cuba is the reason I am being sentenced today, then, let that sentence be welcomed.“I will wear the prison uniform with the same honor and pride with which a soldier wears his most prized insignia.“This has been a political trial, therefore, we are political prisoners.“All of the evidence is here; this is where history is written. And it is history that will do us true justice.”FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this
Mens Rea For Section 306 IPC Cannot Be Assumed To Be Ostensibly Present But Has To Be Visible And Conspicuous: SC Acquits Husband Accused Of Driving Wife To Suicide [Read Judgment]May 26, 2021 | By admin | No Comments | Filed in: fofabvlic.
Top StoriesMens Rea For Section 306 IPC Cannot Be Assumed To Be Ostensibly Present But Has To Be Visible And Conspicuous: SC Acquits Husband Accused Of Driving Wife To Suicide [Read Judgment] LIVELAW NEWS NETWORK1 Oct 2020 9:03 PMShare This – xThe Supreme Court has observed that the ingredient of mens rea for abetment of suicide [Section 306 IPC] cannot be assumed to be ostensibly present but has to be visible and conspicuous.The bench comprising Justices NV Ramana, Surya Kant and Hrishikesh Roy set aside the conviction of a husband who was accused of driving wife to suicide.Gurcharan Singh was convicted for abetting suicide of…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court has observed that the ingredient of mens rea for abetment of suicide [Section 306 IPC] cannot be assumed to be ostensibly present but has to be visible and conspicuous.The bench comprising Justices NV Ramana, Surya Kant and Hrishikesh Roy set aside the conviction of a husband who was accused of driving wife to suicide.Gurcharan Singh was convicted for abetting suicide of his wife. Singh, along with his parents were charged under sections 304B and 498A read with section 34 of the IPC. Though the Trial Court noted that there was insufficient material to convict them under section 304B & 498A IPC, it opined that even if no charge of abetment was framed against the husband, he can be convicted for abetting suicide of his wife, under section 306 IPC. The Trial Court also observed that expectation of a married woman will be love and affection and financial security at the hands of her husband and if her hopes are frustrated by the act or by wilful negligence of the husband, it would constitute abetment within the meaning of section 107 IPC, warranting conviction under section 306 IPC. The High Court endorsed the Trial Court’s view that deceased was pushed to commit suicide by the circumstances and the atmosphere in the matrimonial home and dismissed the appeal filed by the accused.While considering his appeal, the bench noted that there is neither any direct evidence of cruelty against the husband or the in-laws on nor to show which particular hope or expectation of the deceased was frustrated by the husband. “What might have been the level of expectation of the deceased from her husband and in-laws and the degree of her frustration, if any, is not found through any evidence on record. More significantly, wilful negligence by the husband could not be shown by the prosecution.”, the bench noted.Referring to Section 107 of the Indian Penal Code, the bench noted that whenever a person instigates or intentionally aids by any act or illegal omission, the doing of a thing, a person can be said to have abetted in doing that thing. It said:As in all crimes, mens rea has to be established. To prove the offence of abetment, as specified under Sec 107 of the IPC, the state of mind to commit a particular crime must be visible, to determine the culpability. In order to prove mens rea, there has to be something on record to establish or show that the appellant herein had a guilty mind and in furtherance of that state of mind, abetted the suicide of the deceased. The ingredient of mens rea cannot be assumed to be ostensibly present but has to be visible and conspicuous. However, what transpires in the present matter is that both the Trial Court as well as the High Court never examined whether appellant had the mens rea for the crime, he is held to have committed.The bench also referred to decisions viz SS Chheena Vs. Vijay Kumar Mahajan (2010) 12 SCC 190, Amalendu Pal alias Jhantu vs. State of West Bengal (2010) 1 SCC 707, Mangat Ram Vs. State of Haryana (2014) 12 SCC 595 , which discuss the necessary ingredients for the offence under section 306 IPC. Taking note of the evidence on record, the bench, while allowing the appeal, observed:Proceeding with the above understanding of the law and applying the ratios to the facts in the present case, what is apparent is that no overt act or illegal omission is seen from the appellant’s side, in taking due care of his deceased wife. The evidence also does not indicate that the deceased faced persistent harassment from her husband. Nothing to this effect is testified by the parents or any of the other prosecution witnesses. The Trial Court and the High Court speculated on the unnatural death and without any evidence concluded only through conjectures, that the appellant is guilty of abetting the suicide of his wife. 20. In such circumstances, we have no hesitation in declaring that the Trial Court and the High Court erred in concluding that the deceased was driven to commit suicide, by the circumstances or atmosphere in the matrimonial home. This is nothing more than an inference, without any material support. Therefore, the same cannot be the basis for sustaining conviction of the appellant, under section 306 of the IPC.Case name: Gurcharan Singh vs. State of PunjabCase no.: CRIMINAL APPEAL NO.40 OF 2011 Coram: Justices NV Ramana, Surya Kant and Hrishikesh RoyCounsel: Adv R K Kapoor for appellant, Adv Jaspreet Gogia for StateClick Here To Read/Download JudgmentRead JudgmentNext Story
DNY59/iStock(MINNEAPOLIS) — The jury has heard extensively about George Floyd’s drug addiction, but little has been shared to humanize the man prosecutors say died in the most inhumane way.On Monday, prosecutors are expected to wrap up their murder case against Derek Chauvin by calling Floyd’s family members to the witness stand to provide what is known in Minnesota as “spark of life doctrine” testimony.Stemming from a 1985 state Supreme Court case, Minnesota is rare in permitting such personal and often emotional testimony from loved ones of an alleged crime victim in advance of a verdict. In most states, such testimony is reserved for victim impact statements during sentencing if there is a conviction.Prior to the start of the trial, prosecutor Matthew Frank told Hennepin County Judge Peter Cahill that he plans to invoke the doctrine during the trial, allowing the prosecution to call witnesses to testify about Floyd as a brother, son, father and friend.“This puts some personal nature back into the case for somebody who’s treated so impersonally in an unfortunately biased system,” Frank told Cahill.Lee Merritt, an attorney for the Floyd family, told ABC News that Floyd’s loved ones are looking forward to this portion of the trial. He said they want to add context to the man Chauvin’s defense attorney Eric Nelson has repeatedly maligned.Nelson has argued and questioned witnesses on whether Floyd’s drug addiction and heart diseases more likely caused his death than the actions of Chauvin and three other officers involved in his fatal May 25, 2020, arrest.“As you can imagine no one in the country is more invested in the outcome of this case than the family,” Merritt told ABC News.The “spark of life” testimony will follow a week in which the Floyd family has had to endure the most graphic testimony yet of medical experts offering a second-by-second description of Floyd’s death and how his body was dissected during an autopsy.“George Floyd has become a hashtag. He’s become a rallying cry, but the family wants the jury to know that he was a person, that his life had value, that if he wasn’t assaulted in the way he was, that he could have led a productive life, that family members relied on him,” Merritt said. “How that evidence is going to come in is going to be very important to this family.”The “spark of life” doctrine emerged from a 1985 case in which a defendant charged with killing a police officer argued to the Minnesota Supreme Court that the prosecutor prejudiced the jury with a speech about the officer’s marriage and childhood upbringing that was so emotional the judge had to order a recess.The state Supreme Court ruled that prosecutors could present evidence that a murder victim was “not just bones and sinews covered with flesh, but was imbued with the spark of life.”Copyright © 2021, ABC Audio. All rights reserved.
3 News 21 Feb 2013NZ First wants street prostitution banned and has drafted a bill to make it illegal. MP Asenati Lole-Taylor’s member’s bill would restrict prostitution to brothels. She says street prostitution – legalised in 2003 – has turned some city suburbs into sleazy red light districts. “Police are hamstrung by current laws which only allow them to arrest street walkers and pimps for offensive behaviour,” she says. “Street prostitution is a conduit for serious anti-social behaviour and criminal activity.” Ms Lole-Taylor has put her bill into the ballot.http://www.3news.co.nz/Ban-street-prostitution-MP-says/tabid/1607/articleID/287561/Default.aspxSex workers ‘shouldn’t be exempt from rules’Auckland Now 22 Feb 2013South Auckland’s streets, car parks, public and sporting facilities, businesses and churches will continue to be used as brothels unless legislation is introduced to control prostitution, community leaders have said. Local board representatives met with the Local Government and Environment select committee at a hearing in Mangere on Wednesday to discuss their submissions regarding the Manukau City Council (Regulation of Prostitution in Specified Places) Bill. A grim picture was painted as they outlined problems faced by their community which included offensive behaviour and violence from street workers, the clean-up of used condoms and clients approaching schoolgirls and female residents for services. Otara-Papatoetoe Local Board chairman John McCracken told the committee the bill was important for his residents to help prevent activities incompatible with the character of the community. “Every other business that trades in a public place, such as a busker or street stall holder, is restricted in their location and hours of operation. “It is not fair that street-based sex work should be exempt from the rules that other businesses must abide by.” Commercial freedoms given to sex workers by the Prostitution Reform Act allowed them and their clients to exhibit behaviours and create problems that would be unacceptable for any other industry, he said. “As a result our businesses, residents and visitors are having their rights and freedoms impinged.”http://www.stuff.co.nz/auckland/local-news/8338853/Sex-workers-shouldn-t-be-exempt-from-rules
To wrap up the NCAA East Preliminaries in Tampa, Florida, on Saturday, Syracuse qualified three more runners to the NCAA Track Outdoor Championships, bringing the Orange’s final tally to seven.In the men’s 5000-meters, both Philo Germano and Justyn Knight made the cut. Knight won his heat to get in with a time of 14:08.56 (ninth overall). Germano finished sixth in his heat but it was good for sixth overall, allowing him to get in with a time of 13:56.55.Earlier in the day, Matt Moore qualified in the 110-meter hurdles by finishing third in his heat with a time of 13.97 seconds, good for 11th overall. Angelo Goss did not make the cut, clocking in at 14.42 seconds (21st overall).Moore, Knight and Germano will join Colin Bennie (men’s 10k), Noah Affolder and Aidan Tooker (men’s 3000-meter steeplechase) as well as Paige Stoner (women’s 3000-meter steeplechase) in Eugene, Oregon, on June 6 for the NCAA Track Outdoor Championships.AdvertisementThis is placeholder text Comments Published on May 26, 2018 at 8:59 pm Contact Eric: [email protected] Facebook Twitter Google+
Interestingly, oak trees can live up to 200 years or more, and mature trees have the capacity of absorbing more than 50 gallons of water in one day.In the year 2004, the oak was officially declared as the National Tree of the United States of America, symbolizing the country’s sheer strength.The oak tree is associated with several mythologies. Norse, Greek and Slavic myths present it as the sacred trees of the chief gods Thor, Zeus, and Perun respectively. The Bible also mentions an oak tree located in the city of Shechem, the place where Jacob had buried the foreign gods of the people.For the reasons aforementioned and more, any establishment with the oak tree as its emblem is bound to stand the test of time. Not many clubs formed over 100 years ago are still in existence and many have sunk into total oblivion not because they were shorn of the materials to propel the team, but because they lacked the courage and the durability that Accra Hearts of Oak easily possess.In 2000, Hearts claimed the treble after winning the Ghana FA Cup, the Ghana Premier League and the Caf Champions League. The season kicked off with the return of striker Ishmael Addo from trials in Europe and the signing of the brilliant Charles Asampong Taylor. It was in that very year that they inflicted a memorable 4-0 defeat on their archrivals Asante Kotoko on their way to winning the league with several matches to spare.With a motto as instructive as “Never say die until the bones are rotten”, it is evidently clear that the Phobians do not easily give up. Time and again, they have won games at the depth of full time when all hopes seem to have been lost. And that is the spirit that has kept this great team kicking for 102 years. Today marks another great milestone in the life of Ghana’s oldest team, arguably the best ever to grace Ghanaian club football. In 2001, the International Federation of Football History and Statistics (IFFHS), a reputable organisation recognized by FIFA, ranked Hearts 83rd out of 100 clubs in the world. This was no fluke as the club won almost every trophy they competed for. In that same year, Hearts were rated 8th best club in the world by CNN/World Soccer Magazine.Throughout its history, the club has had the privilege of having very talented players don the famous rainbow jersey. Several others who are fortunate enough to have been associated with the club in one way or the other are recognised worldwide as genuine stars who can compete at any level of professional football.Hearts’ Emmanuel Chris Briandt was the first ever captain of the Black Stars, and when the senior national team won the Africa Cup of Nations for the first time in 1963, then Ghana skipper Edward Aggrey Fynn doubled as captain of Hearts. Stephen Appiah, leader of the Black Stars squads that qualified Ghana for its only two World Cup appearances in 2006 and 2010, was nurtured and brought to stardom by Hearts.There is the need for a united front so Hearts can relive the good old times. The memories from the past have been great, yet the future certainly looks brighter Other notable players produced are Charles Kumi Gyamfi, Offei Ansah, Yaw Amankwaa Mireku, Sammy Adjei, Adolf Armah, Mohammed Polo, Shamo Quaye, Emmanuel Osei-Kuffour, Bernard Dong-Bortey, Ablade Kumah (captain of the Black Meteors batch that won Africa’s 1st ever Olympic soccer bronze medal at Barcelona 1992 – and Ishmael Addo, Golden Boot winner at the Fifa U17 World Cup in New Zealand in 1999 and three-time Ghana Premier League goal king, achieving the latter feat in consecutive seasons.Hearts of Oak boast arguably the largest fan base in Ghana, one which probably stretches beyond the borders of the country. Football fanatics around the world who know anything about club soccer in Africa are likely conscious of the institution Hearts is and what it stands for. Undeniably, the successes of the club hinges on its massive following, especially the “Musical Chapter 0” arm which offers a unique brand of both the ‘kpanlogo and kolomashie” kinds of indigenous music which spurs the players on to give off their best.Over the years, the club has had the honour and privilege of being led by astute leaders, too, visionaries in soccer philosophies who have shown dedicated service to the cause and progress of the club.Among the most distinguished of these include the likes of Dr. Nyaho Tamakloe, late President JEA Mills, Harry Zakkour (‘Millennium Chairman’), Fawaz Zowk, Ernest Thompson, Tommy Okine/Nii Ayi Bonte II (Gbese Mantse), E.M Commodore Mensah, Frank Nelson Nwokolo, Ato Ahwoi, Togbe Afede (Agbogbomefia of the Asogli State), and current Managing Director Neil Armstrong-Mortagbe.On the 102nd anniversary of hard work and great achievements, it is indeed important to rally every tom, dick and harry round the oak tree draped in rainbow colours for a common good.There is the need for a united front so Hearts can relive the good old times. The memories from the past have been great, yet the future certainly looks brighter. Long Live the Oak Tree!Long live the Phobian Family!!Long Live Hearts of Oak!!!
Miami-Dade County: 18,456 cases-722 deaths-Men: 9,176, Women: 9,083-3,085 hospitalizations-232 new reported cases since Tuesday-9 new reported deaths since TuesdayTesting in Florida:-Total Tests: 1,081,825-Positive: 58,764-Negative: 1,022,149-Overall Percentage of Positive Cases: 5.4%In the three weeks since Palm Beach County reopened, COVID-19 cases have risen.The county was adding about 68 positive cases per day before reopening May 11, whereas the number now averages about 100. Patients ages 25 to 44 account for most of the new cases, according to Dr. Alina Alonso, Palm Beach County director for the Florida Department of Health. According to the Department of Health, there were 58,764 total cases of COVID-19 in Florida as of Wednesday. That’s 1,317 more cases than the previous day.At least 2,566 Florida residents have died from COVID-19, as 36 new deaths were reported.Palm Beach County: 6,477 cases-359 deaths-Men: 3,238; Women: 3,129-1,237 hospitalizations-84 new reported cases since Tuesday-8 new reported deaths since TuesdayBroward County: 7,339 cases-317 deaths-Men: 3,526, Women: 3,638-1,575 hospitalizations-91 new reported cases since Tuesday-1 new reported death since Tuesday
Thursday was quite a special day for a volunteer at Delray Medical Center.Charles Carroll, who is the oldest volunteer at the hospital, turned 107 years old and received a drive-by parade party for the occasion.Volunteers are currently not allowed to visit the hospital due to the coronavirus pandemic.Nonetheless, workers there wanted to make sure Carroll knew they were thinking about him.They surprised him with a party outside his home, using social distancing guidelines.The Delray Fire and Police departments also dropped by and added to the fun.Photo courtesy: WPTV NewsChannel 5Staff at the hospital say Carroll is beloved by everyone for his smile, quick wit and positive attitude.He attributes his long life to those elements.Delray Medical Center CEO Maggie Gill said everyone misses seeing Carroll around the hospital.“We are grateful for him and can take a lot of joy from his spirit,” said Gill.Carroll is a World War II veteran who served all over the world for a total of 27 years.He started volunteering at the hospital 12 years ago in order to give back to others, after recovering there from a heart attack.