CJ Stander banned for 1 week after red card for knocking out Pat Lambie

first_imgMonday Jun 13, 2016 CJ Stander banned for 1 week after red card for knocking out Pat Lambie Ireland flanker CJ Stander had to wait anxiously to find out his fate after he was red carded for this challenge on Springbok Pat Lambie during Ireland’s famous win in Cape Town on Saturday. Lambie was knocked out cold and will not be able to take part in the second Test.*UPDATE: After a lengthy hearing, this article has been updated to reflect the news of the banThe referee’s decision to red card South African born and raised Stander was met with consternation, but there was more to come, as the discplinary hearing lasted roughly a day in total. It took five hours on Sunday, and when it continued today, it seemed to take just as long (11 total!).Stander has now been banned for a total of one week. He will miss the 2nd Test of the series at Ellis Park, but be back for the third and final Test in Port Elizabeth in a fortnight.‘The Judicial Officer was not satisfied on the balance of probability that the referee, Mathieu Raynal of France, was wrong when he issued the red card to the player.’The full written statement has not been issued yet, leaving Ireland in the dark as to an appeal.Lambie and Stander were teammates in the South African U20 side at the Junior World Championships in 2010, and reports state that Stander made the effort to check on him in the tunnel, then personally apologise at the post match function.Lambie will serve a mandatory one week break following the concussion, and with Springbok first choice number ten Handre Pollard also injured, experienced – yet out of favour – Morne Steyn has been called up.The Springbok’s team doctor said even though the Lambie’s x-rays showed no abnormality, he will however undergo further scans this week as a precaution. He is now at home in Durban.ADVERTISEMENT Posted By: rugbydump Share Send Thanks Sorry there has been an error Big Hits & Dirty Play Related Articles 25 WEEKS AGO Suspensions handed down after testicle grabbing… 26 WEEKS AGO The ‘double ruffle’ splits opinion with fans… 26 WEEKS AGO WATCH: The nastiest and most brutal moments… From the WebThis Video Will Soon Be Banned. Watch Before It’s DeletedSecrets RevealedYou Won’t Believe What the World’s Most Beautiful Girl Looks Like TodayNueeyUrologists Stunned: Forget the Blue Pill, This “Fixes” Your EDSmart Life ReportsGranny Stuns Doctors by Removing Her Wrinkles with This Inexpensive TipSmart Life ReportsIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier Living30+ Everyday Items With A Secret Hidden PurposeNueeyThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancellast_img read more

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ABC Street House / Austigard Arkitektur

first_img “COPY” Year:  Houses Norway Manufacturers: Bergene Holm AS, Jeld-Wen, Kebony, Nordan, Hafrsfjord Tre, Ikea + Treverket, Kebony + Bergene Holm, Konkret Studios, Parketten, UlfvenSave this picture!© AeroviewRecommended ProductsWindowsJansenWindows – Janisol PrimoWoodEGGERLaminatesDoorsGorter HatchesRoof Hatch – RHT AluminiumWoodSculptformTimber Click-on BattensText description provided by the architects. The house is an infill project, utilizing an empty lot in the dense urban fabric of the coastal town of Stavanger. The house is in many ways a sequel to House in Stavanger from 2016, which is located just 100 meters away and which spurred a new development in the area.Save this picture!© Sindre EllingsenSave this picture!First floor planSave this picture!© Sindre EllingsenThe project continues the tradition of low-scale, high-density urban housing in coastal towns of Norway. The density in the area is in fact comparable to any Asian megalopolis and provides opportunities for efficient energy consumption as well as a car-free lifestyle for the people who live there.Save this picture!© Sindre EllingsenThe house is all in wood, both in structure and in cladding. The façade reflects the three layers of the house: The utilitarian ground floor, the living room in the middle floor and the kitchen in the upper floor.The kitchen is intended to be a bright space with ample daylight and views across the surrounding roofscape of the wooden town. The kitchen has access to a big rooftop terrace above as well as to south-facing outdoor planters on its own level.Save this picture!© Sindre EllingsenIn contrast to this the living room below is intended to be an intimate and dark cave, where the immediate urban life in the street below is visible, however at a comfortable distance.The stairs serve to connect all these spaces into one complex spatial continuity, from the cobble stones out on the pavement, to the views to the mountains from the rooftop terrace.Save this picture!© Sindre EllingsenProject gallerySee allShow lessAI SpaceFactory Builds 3D Printed Mars Prototype for NASAArchitecture NewsSpikkestad Church and Cultural Centre / Einar Dahle Arkitekter + Hille Melbye Arkite…Selected Projects Share Projects ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/910584/abc-street-house-austigard-arkitektur Clipboard “COPY” ABC Street House / Austigard ArkitekturSave this projectSaveABC Street House / Austigard Arkitektur CopyHouses, Houses Interiors•Stavanger, Norway Architects: Austigard Arkitektur Area Area of this architecture projectcenter_img 2019 ArchDaily Area:  90 m² Year Completion year of this architecture project Photographs:  Sindre Ellingsen, Aeroview Manufacturers Brands with products used in this architecture project Save this picture!© Sindre Ellingsen+ 28Curated by Paula Pintos Share ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/910584/abc-street-house-austigard-arkitektur Clipboard Photographs CopyAbout this officeAustigard ArkitekturOfficeFollowProductWood#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesInterior DesignResidential InteriorsHouse InteriorsStavangerNorwayPublished on February 05, 2019Cite: “ABC Street House / Austigard Arkitektur” 05 Feb 2019. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogPartitionsSkyfoldChoosing the Skyfold Wall for Your SpaceGlass3MSun Control Window Film in MarkthalBathroom AccessorieshansgroheBath & Shower ThermostatsCabinetsFlorenseCabinet – FloAirWood Boards / HPL PanelsBruagStair Railing – CELLON®LightsLouis PoulsenOutdoor Lighting – Flindt GardenBathroom AccessoriesBradley Corporation USAHigh Speed Hand Dryers – Aerix+BoardsForestOneLaminate – EGGER laminatesAcousticSchöckStaircase Insulation – Tronsole®Metal PanelsRHEINZINKPanel Systems – Horizontal PanelWall / Ceiling LightsA-LightAccolade Wall Light at River Dental OfficeBricksStröherClinker Brick Slips – StiltreuMore products »Save世界上最受欢迎的建筑网站现已推出你的母语版本!想浏览ArchDaily中国吗?是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my stream ABC Street House / Austigard Arkitekturlast_img read more

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Ter House / MESURA

first_img Manufacturers Brands with products used in this architecture project CopyAbout this officeMESURAOfficeFollowProductBrick#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesLandscapeIcebergOn InstagramOn FacebookSpainPublished on May 02, 2021Cite: “Ter House / MESURA” [Casa Ter / MESURA] 02 May 2021. ArchDaily. Accessed 10 Jun 2021. ISSN 0719-8884Browse the CatalogPanels / Prefabricated AssembliesTechnowoodGRP Siding Façade SystemGlassMitrexSolar GreenhouseMetal PanelsAurubisMill Finished Copper: Nordic StandardMetallicsHAVER & BOECKERArchitectural Wire Mesh – MULTI-BARRETTE 8130Enclosures / Double Skin FacadesIsland Exterior FabricatorsCurtain Wall Facade SystemsSealantsEffisusGutter Repair – TiteGutter3Aluminium CompositesSculptformAluminium Click-on BattensTiles / Mosaic / GresiteMargresPorcelain Tiles – Linea PrestigeMetallicsRHEINZINKZinc Roof Systems – Click Roll CapsTiles / Mosaic / GresiteTerrealTerracotta Cladding TileDoorsECLISSESliding Pocket Door – ECLISSE UnilateralWindowsJoskoWindows and Sliding Doors – ONE SeriesMore products »Save想阅读文章的中文版本吗?Ter 之家,相交十字砖房 / MESURA是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my stream Houses Spain ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/952672/ter-house-mesura Clipboard MESURA CopyHouses, Landscape•Lower Ampurdán, Spain Lead Architect: Manufacturers: Santa & Cole, nanimarquina Architects: MESURA Area Area of this architecture project ArchDaily Projects “COPY” Constructor:Burgos GasullLandscape:MESURAConsultants:Joan CapdevilaCity:Lower AmpurdánCountry:SpainMore SpecsLess SpecsSave this picture!© Salva LopezRecommended ProductsWindowsSky-FrameRetractable Insect Screen – Sky-Frame FlyMetallicsStudcoWall Stop Ends – EzyCapWindowspanoramah!®ah!38 – FlexibilityDoorsLonghiDoor – HeadlineText description provided by the architects. Casa Ter surges from a process of truly listing to the cultural and natural environment it inhabits. The decisions behind its shape and materiality are rooted in touching as little of the natural surroundings as possible, and interpreting the local building culture of the area (the rural fields and towns of l’Empordà), using contemporary construction techniques. Following this premise, Casa Ter aims to create a personal sense of place, in close contact with all elements it’s surrounded by.Save this picture!© Salva LopezSave this picture!AxonometricSave this picture!© Salva LopezUsing local building materials: The ceramics of La Bisbal and stones of the River Ter. Casa Ter is located in Baix Empordà, an area that functions as an intersection between three natural landscapes: sea, mountain, and field. In order to make this context tangible to its users, the home is made out of two volumes which create three different spaces, each branching out towards one of the surrounding landscapes, touching as little of the natural surroundings as possible.Save this picture!© Salva LopezFollowing the local construction traditions of the region, the walls of Casa Ter are composed of KM0 materials, using a mix of concrete and stones from the local river Ter with ceramics, a material with a long cultural tradition in the neighbouring La Bisbal, where the material makes for one of the main economic activities.Save this picture!© Salva LopezSave this picture!PlanSave this picture!© Salva LopezA walk through Casa Ter. The house lends its shape from looking for the different views of the site, with each volume running out towards one; The sea, the hills and the fields. The entrance path of Casa Ter takes you to an enclosed patio generated by two volumes in “L” (positioned on the flat side of the plot). One volume functions as a public area, while the other, is private, in the form of a series of bed- and bathrooms.Save this picture!© Salva LopezThe second volume connects the kitchen to the public area, creating a meeting point in-between the two volumes. This meeting point is designed as a traditional porch, part indoor, part outdoor, as space comes with big, glass sliding doors that can be closed or opened depending on the weather (much-needed shade in summer, closed off in winter).Save this picture!© Salva LopezSave this picture!© Salva LopezOn the second floor, we find the master bedroom, which comes with an enormous Catalan vault whose geometry corresponds to the extrusion of the curve that is limited by the maximum height allowed, the centreline of the walls, and the facade of the house. With the bedroom being the most intimate space, only does this room, gives glimpses of the complete surrounding landscapes.Save this picture!© Salva LopezA Mediterranean way of living. A Mediterranean way of living means living outdoors a lot, due to the pleasant climate throughout the year. In Spain, it’s not uncommon to have an outdoor kitchen or living area, where people spend most of their days together. Ideally, these areas are very connected to the inside of the home, extending the living space, and creating ambiguous spaces, in between indoor and outdoor.Save this picture!© Salva LopezCasa Ter is a polyvalent home in the sense that it can be used in various ways depending on the needs of the user or the time of the year. The house can be closed off or set open completely. One can choose to keep nature at a distance through the windows or to let it into the home. The centre area, the porch, can be whatever the user wants it to be.Save this picture!© Salva Lopez Save this picture!© Salva Lopez+ 26Curated by Clara Ott Share “COPY” Area:  250 m² Year Completion year of this architecture project Ter House / MESURA Ter House / MESURASave this projectSaveTer House / MESURA Project gallerySee allShow lessNandalal Sewa Samithi Library / Anupama Kundoo ArchitectsSelected ProjectsWell Well Well Hotel Renovation / FON STUDIOSelected Projects Share ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/952672/ter-house-mesura Clipboard Year:  2019last_img read more

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Charity Commission clarifies new powers to issue warnings

first_img Melanie May | 19 December 2016 | News AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis10 Tagged with: Charity Commission Law / policy trustees  69 total views,  1 views today About Melanie May Melanie May is a journalist and copywriter specialising in writing both for and about the charity and marketing services sectors since 2001. She can be reached via www.thepurplepim.com. Charity Commission clarifies new powers to issue warnings the factual accuracy of what the breach, misconduct or mismanagement being warned of is and the commission’s understanding of the circumstances – what happened, who was involvedwho the warning is being made againstany action the commission considers needs to be taken to rectify the breach, misconduct or mismanagementThe commission has also clarified its position on the publication of warnings, and on what trustees must do in response to an official warning. The full Q&A document can be downloaded from the commission’s site.  70 total views,  2 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis10 The Charity Commission will give charities and charity trustees 28 days to respond to warnings, it has announced in a clarification of its new statutory powers.Under The Charities (Protection and Social Investment) Act 2016, the commission has been granted the statutory power to issue official warnings, and to disqualify individuals from trusteeship. Consultations on these powers resulted in a number of requests for clarification on how the commission would issue warnings, the notice period and process for representations, and the approach to the publication of warnings.In its clarification document, published last week, it states that it does not need to open a statutory inquiry before it can issue a warning, but that it may consider opening an inquiry and using its other powers if trustees subsequently fail to rectify a breach specified in an official warning.It also states that the commission will follow the principles in its risk framework in deciding what regulatory action is appropriate, and is likely to take action when it considers a charity to:have acted recklessly or without due care, resulting in a breach of trust, misconduct or mismanagementhave failed to take appropriate steps to rectify a breach of trust, misconduct or mismanagement despite engagement with the commissionhave failed to discharge legal duties in the administration of the charity or a charity has failed to discharge its legal duties in connection with charity activities)have displayed a pattern of repeated misconduct or mismanagementhave committed deliberate or wilful wrongdoing resulting in a breach but it would not be proportionate in the circumstances for the commission to use other powersIt is unlikely to issue a warning when:the breach, misconduct or mismanagement is minor or technical in nature (such as a breach of administrative provisions in the governing document)it does not demonstrate a repeated course of conductthe trustees have acted honestly and reasonably and are taking appropriate steps to put matters right and prevent a recurrencethe loss or risk to the charity or to public trust and confidence in the charity is minimalAccording to the document: ‘In all cases where the commission… intends to issue a warning, it must give statutory notice of its intention and give each of the trustees (in the UK) and the charity the opportunity to make representations first. So you will be aware of the commission’s concerns and will have the opportunity to respond before the commission decides to proceed with issuing or publishing the official warning.’Once a charity has been notified of a proposed warning, it will normally have 28 days to respond.While the commission is willing to consider a range of representations, it must consider representations about ‘the content of the proposed warning’, including: Advertisementlast_img read more

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9 New COVID-19 Infections Detected in Pasadena

first_img faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,Donald CommunityPCC- COMMUNITYVirtual Schools PasadenaHomes Solve Community/Gov/Pub SafetyPasadena Public WorksPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes STAFF REPORT First Heatwave Expected Next Week Top of the News Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. Your email address will not be published. Required fields are marked * Make a comment Community News Nine new COVID-19 infections were reported in Pasadena on Tuesday, but no additional fatalities, authorities said.The new cases raised the city’s total to 2,962 infections since the onset of the pandemic in March, according to city data. The death toll has held at 129 since the city saw its last reported death on Oct. 8.With the Dodgers facing the Tampa Bay Rays in the World Series this week, city spokeswoman Lisa Derderian implored sports fans to not let the excitement of the championship cause them to abandon social distancing and safety precautions.“We want you rooting for blue not feeling blue so be safe and creative by hosting virtual watch parties, celebrate in small gatherings, and wear your favorite Dodger gear,” she said. “We can all be winners hopefully by following the guidelines.”Huntington Hospital treated 22 COVID-19 patients on Tuesday, according to hospital data.Data from the Los Angeles County Department of Public Health was not available Tuesday afternoon due to technical issues, the agency said.At the state level, officials announced 3,286 new infections and 22 deaths, bringing the state’s totals to 874,077 cases of the virus and 16,992 deaths.The average statewide positivity rate over the prior seven days was 2.5 percent, with the 14-day rate at 2.6 percent, according to a California Department of Public Health statement. STAFF REPORT Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy More Cool Stuff HerbeautyFinding The Right Type Of Workout For You According AstrologyHerbeautyHerbeautyHerbeautyThese Are 15 Great Style Tips From Asian WomenHerbeautyHerbeautyHerbeauty8 Easy Exotic Meals Anyone Can MakeHerbeautyHerbeautyHerbeautyYou Can’t Go Past Our Healthy Quick RecipesHerbeautyHerbeautyHerbeautyWant To Seriously Cut On Sugar? You Need To Know A Few TricksHerbeautyHerbeautyHerbeautyCostume That Makes Actresses Beneath Practically UnrecognizableHerbeautyHerbeautycenter_img Name (required)  Mail (required) (not be published)  Website  Community News CITY NEWS SERVICE/STAFF REPORT Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday Community News 9 New COVID-19 Infections Detected in Pasadena By BRIAN DAY Published on Tuesday, October 20, 2020 | 4:45 pm Subscribe Business News 8 recommended0 commentsShareShareTweetSharePin it EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadenalast_img read more

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Custodial Deaths : What Is The Procedure For Inquiry?

first_imgKnow the LawCustodial Deaths : What Is The Procedure For Inquiry? Manu Sebastian28 Jun 2020 12:28 AMShare This – x”Custodial death is one of the worst crimes in a civilised society governed by Rule of Law. Does a citizen shed off his fundamental right to life, the moment a policeman arrests him? Can the right to life of a citizen be put in abeyance on his arrest? The answer, indeed, has to be an emphatic “No”” – Supreme Court in D K Basu v State of West Bengal AIR 1997 SC 610.Independent investigation in…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?Login”Custodial death is one of the worst crimes in a civilised society governed by Rule of Law. Does a citizen shed off his fundamental right to life, the moment a policeman arrests him? Can the right to life of a citizen be put in abeyance on his arrest? The answer, indeed, has to be an emphatic “No”” – Supreme Court in D K Basu v State of West Bengal AIR 1997 SC 610.Independent investigation in a case of custodial death/torture, at least in the initial stages, is a big problem, owing to the obvious fact that the police are called upon to probe against themselves. The Supreme Court had commented about the ‘ties of brotherhood’ within police, which stall fruitful investigation in cases of custodial violence,  as follows :”…rarely in cases of police torture or custodial death, direct ocular evidence of the complicity of the police personnel would be available. Generally speaking, it would be police officials alone who can only explain the circumstance in which a person in their custody had died. Bound as they are by the ties of brotherhood, it is not unknown that police personnel prefer to remain silent and more often than not pervert the truth to save their colleagues”  (State of MP vs Shyamsunder Trivedi, 1997).In many cases, investigation is later handed over to independent agencies like CBI, or Special Investigation Teams, mostly as a result of cases fought by the relatives of the victims. But such a subsequent transfer of probe cannot assure concrete results, if the investigation in the initial crucial stages of evidence collection such as post-mortem, inquest etc., has been manipulated.To take care of this problem, the law has envisaged a process of parallel Magisterial Inquiry, immediately after the incident.This is as per Section 176(1A) of the Code of Criminal Procedure, inserted after 2005 amendment to CrPC.Section 176(1) CrPC states that a Magistrate, who is empowered to hold inquests with respect to an unnatural death, may hold an inquiry into the cause of death in addition to the investigation held by the police officer. This is only a general, empowering provision, giving Magistrate the discretion to hold such an inquiry. Another fact to be noted is that such inquiry can be held either by an Executive Magistrate or Judicial Magistrate.On the other hand, Section 176(1A) is a special provision to deal with cases of death, disappearance or rape in police custody.  The provision says that in such cases, the Judicial Magistrate or the Metropolitan Magistrate, within whose local jurisdiction the offence has been committed, shall hold an inquiry in addition to the inquiry or investigation held by the police.The section can be broken down as :This inquiry is parallel to the police investigation into custodial death/rape/disappearance.This inquiry cannot be done by an Executive Magistrate and must be carried out by a Judicial Magistrate.This inquiry is mandatory(denoted by the use of word “shall” in distinction with the use of word “may” in Section 176(1)).Section 176(5), also inserted after 2005 amendment, mandates that the Magistrate holding such inquiry should, within 24 hours of the death of the person, forward the body with a view to it being examined to the nearest Civil Surgeon. If it is not possible to do so, reasons must be recorded in writing.In 1994, the Law Commission of India, after taking note of abysmal rates o conviction in cases of custodial violence, had recommended the insertion of these provisions – Sections 176(1A) and 176(5) – in its 152nd report. They were inserted a decade later, as per 2005 amendment.The National Human Rights Commission has also issued guidelines for Magisterial Enquiry, as per which it should cover the following aspects.The circumstances of death The manner and sequence of incidents leading to death The cause of death Any person found responsible for the death, or suspicion of foul play that emerges during the enquiry.Act of commission/omission on the part of public servants that contributed to the deathAdequacy of medical treatment provided to the deceased. The NHRC has also set a two month deadline for the completion of enquiry by Magistrate.Non-compliance of Section 176(1A)Despite the mandatory nature of this provision, its compliance is highly rare. In January 2020, the Supreme Court had issued notice on a Public Interest Litigation petition seeking a directive to all States/UTs for strict implementation of Section 176(1A). That PIL filed by human rights activist Suhas Chakma stated that out of 827 cases of death or disappearance of persons in police custody between 2005 and 2017, judicial inquiry was ordered only in 166 cases i.e. 20% of the total cases.”Section 176 (1A) since its enactment has been left untouched, remained only in the statute books, and not implemented on the ground with the consequence of rising custodial crimes.,” the plea said.Even in the Jeyaraj-Bennix custodial deaths cases of Sathankulam, Tamil Nadu, the Madras High Court had to make a suo moto intervention to order enquiry by the Kovilpatti Judicial Magistrate.Also Read : Jeyaraj-Bennix Custodial Deaths : Questions About Lapses Of Magistrate In Ordering Remand Registration of FIRRegistration of FIR in a case of custodial death is mandatory. The Supreme Court clarified in the decision Lalitakumari vs State of UP (2014) 2 SCC 1 that ‘registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation’.Even Section 176(1A) speaks of regular police investigation in cases of custodial death, and the Magisterial Inquiry is envisaged as in addition to police investigation.As regards the Sathankulam case, the police has not lodged an FIR with respect to the custodial deaths at the time of writing this piece.The Law Commission of India had foreseen this problem of police delaying lodging of FIR in cases of custodial deaths, and had suggested in its 152nd the insertion of a new provision to enable any person to approach a judicial authority on the failure of police to register FIR. This was proposed to be inserted Section 154A in the CrPC, reading as follows :”Section 154A. Notwithstanding anything contained in Section 154 :(1) Any person (including Legal Aid Centre, or NGO, or any friend or relative) aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) of that section in cases relating to custodial offences, may file a petition giving substance of such information :(a) before the Chief Judicial Magistrate, in case of custodial offences other than those involving death of the victim, or.(b) before the Sessions Judge, in cases of custodial offences involving death of the victim.(2) The Chief Judicial Magistrate or the Sessions Judge, if satisfied, on a preliminary enquiry that there is a prima facie case, may himself hold enquiry into the complaint or direct some other Judicial Magistrate or Additional Sessions Judge, as the case may be, to hold enquiry and thereupon direct the ministerial officer of the Court to make a complaint to the competent court in respect of the offence that may appear to have been committed.(3) Notwithstanding anything contained in Section 190 of the Code of Criminal Procedure on a complaint made under sub-section (2), the competent court shall take cognizance of the offence and try the same.(4) The Chief Judicial Magistrate or the Sessions Judge may obtain the assistance of any public servant or authority as they may deem fit in holding the enquiry under sub-section (2).”The incorporation of this provision, following the recommendations of the Law Commission of India, would have addressed the problem of delay in lodging FIR by setting off the criminal investigation process through judicial intervention at the instance of aggrieved persons or public-spirited parties.Intimation to NHRCThe National Human Rights Commission had issued general instructions in 1993 that within 24 hours of occurrence of any custodial death, the Commission must be given intimation about it.  All reports including post-mortem, videograph and magisterial inquiry report must be sent within two months of the incident.Directions to video record and photograph autopsy proceedingsThe NHRC has issued guidelines to all the States to video-film the post-mortem examination in cases of custodial deaths and send the cassettes to the Commission.The aim of video-filming and photography of postmortem examination should be:- i) to record the detailed findings of the post-mortem examination, especially pertaining to marks of injury and violence which may suggest custodial torture.ii) to supplement the findings of post-mortem examination (recorded in the postmortem report) by video graphic evidence so as to rule out any undue influence or suppression of material information.iii) to facilitate an independent review of the post-mortem examination report at a later stage if required.  The Commission, after ascertaining the views of the States and discussing with the experts in the field and taking into consideration the U.N. Model Autopsy protocol, has prepared a Model Autopsy Form for custodial death cases.Is there need for sanction under Section 197 CrPC to prosecute police officers accused of custodial torture?The Supreme Court, in Devinder Singh and others vs State of Punjab through CBI, held that protection of sanction under Section 197 CrPc was not available for offences which have no connection with official duties.In this case, a bench comprising Justices V Gopala Gowda and Arun Mishra upheld the argument of prosecution sanction for prosecution was not required in cases of fake encounter and custodial torture.”Protection of sanction is an assurance to an honest and sincere officer to perform his duty honestly and to the best of his ability to further public duty. However, authority cannot be camouflaged to commit crime”, the bench said.The top Court observed that “public servant is not entitled to indulge in criminal activities”, and that the protection under Section 197 CrPC has to be “construed narrowly and in a restricted manner”.”The offence must be directly and reasonably connected with official duty to require sanction. It is no part of official duty to commit offence”, the bench clarified.The Court added that to claim protection under Section 197 CrPC, it has to be proved that the act was intrinsically connected with official duties.”In case the assault made is intrinsically connected with or related to performance of official duties sanction would be necessary under Section 197 CrPC, but such relation to duty should not be pretended or fanciful claim”, the Court said.The Law Commission of India, taking note of the fact that the need for sanction under Section 197 CrPC was raised by accused officers in many cases of custodial torture, had recommended the insertion of an explanation in the said Section as follows :”For the avoidance of doubts, it is hereby declared that the provisions of this section do not apply to any offence committed by a judge or public servant, being an offence against the human body committed in respect of a person in his custody, nor to any offence constituting an abuse of authority”.But this recommendation made in the 152nd report has not been acted upon.Subscribe to LiveLaw and help us provide quality journalism. Click here to subscribeSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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Funeral for strangled mom Heidi Broussard set as attorneys for suspect speak out

first_imgHarris County Sheriff’s Department(AUSTIN, Texas) — As funeral arrangements were announced on Thursday for Heidi Broussard, the Texas mother discovered strangled in a house near Houston where her baby was found alive, attorneys for a woman implicated in the bizarre kidnapping plot spoke out for the first time.A wake for Broussard is scheduled to be held from 5 p.m. to 8 p.m. on Friday at the Johnson Funeral Home in her hometown of Lake Charles, Louisiana, her mother, Tammy Broussard, told ABC News. Her funeral will be held at the same venue at noon on Saturday, followed by burial at Highland Memory Gardens cemetery in Lake Charles.Broussard, 33, of Austin, and her infant daughter, Margot Carey, had been missing since Dec. 12 when Broussard’s body was discovered strangled in a home near Houston on Dec. 19, according to officials. Her baby was found alive in the same house and was reunited with her father, Shane Carey, on Christmas Eve.The grisly discovery led to the arrest of Broussard’s friend Magen Fieramusca, 33, who has been charged with kidnapping.Investigators are attempting to determine if Fieramusca kidnapped Broussard and her daughter in a plot to keep the baby as her own, an official briefed on the probe told ABC News.Murder charges are pending the outcome of the investigation, officials said.Fieramusca, who is being held at the Travis County Jail on $600,000 bond, is scheduled to appear in Travis County Criminal District Court on Jan. 2.In their first comments on the case, Fieramusco’s attorneys Jackie Wood and Brian Erskine said on Thursday that they are “anxious to review the evidence collected thus far.”“We are in the beginning stages of a very long process, but there are many questions that need to be answered,” Wood and Erskine said in a joint statement to ABC News. “At this time, we have no information from the Travis County District Attorney’s Office regarding additional charges and do not know when Ms. Fieramusco will appear in court.“As with every American accused of a crime, unless the State can prove these allegations beyond reasonable doubt, Ms. Fieramusca is innocent,” the lawyers said.Katrina Collicott, a friend of the victim, told ABC News that Broussard, who is also survived by a 6-year-old son, and Fieramusca met at a church camp years ago and “had been friends since they were young.”“You call someone a friend for so long, then this happens … it’s disgusting,” Callicott said during a vigil for Broussard on Monday at a park in Austin.Fieramusca had allegedly been acting like she was pregnant and telling people that she was expecting a child, an official briefed on the probe told ABC News. Authorities are now trying to determine whether she was, in fact, pregnant, the official said.Baby registries allegedly connected to the Fieramusca were found online indicating her due date was Dec. 1, the official said.Eric Delvin, an attorney who defended Fieramusca in a 2018 theft case, told ABC station KTRK-TV in Houston that she appeared to be pregnant early last month.“The last setting, which was at the beginning of November, she appeared to be very pregnant. I know that’s a weird thing to say. You either are pregnant or you’re not. She appeared to be very far along,” Delvin said.Broussard and her baby disappeared after they were seen dropping off Broussard’s son at an Austin school on the morning of Dec. 12, according to police.Investigators believe Broussard and Margot returned home to their apartment complex after they left the school.Fieramusca was booked at the Travis County Jail Friday on two charges of kidnapping and one charge of tampering with evidence with intent to impair a human corpse.Additional charges are possible, police said. Copyright © 2019, ABC Radio. All rights reserved.last_img read more

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In new defense, dozens of Capitol rioters say law enforcement ‘let us in’ to building

first_imgU.S. Department of JusticeBy ALEXANDER MALLIN, ALEX HOSENBALL and OLIVIA RUBIN, ABC News(WASHINGTON) — As authorities continue to pursue individuals who participated in the Jan. 6 insurrection at the United States Capitol, a growing number of those charged are employing a new defense: blaming the police for letting them in.At least 29 people arrested for their role in the Jan. 6 events have claimed they thought they were free to enter the Capitol because law enforcement authorities either didn’t stop them from coming in or never told them they were not allowed to be there, according to affidavits and court filings reviewed by ABC News.“He was not at the front of the lines, he didn’t see barricades being knocked down, he didn’t see officers getting assaulted, he didn’t see anything other than large crowds at the Capitol,” Thomas Mayr, the lawyer for Christopher Grider, one of the people accused of participating in the riot, told ABC News. “He went through an open door.”Grider, of Texas, is one of dozens of suspected rioters who claimed to be unaware they were not allowed inside — some of whom argued that they were actually ushered in by officers. He now faces multiple charges including violent entry and disorderly conduct on Capitol grounds.Jacob Lewis of California told investigators he was never told that he could not enter the Capitol, and that he was “escorted” by police into the building. When reached by ABC News, Lewis said he would be releasing video footage to “back up his story.” He declined to share the video with ABC News. Lewis was indicted on four misdemeanor charges, including disorderly and disruptive conduct in a restricted building.Even as scrutiny of Capitol police continues to build, experts say it is unlikely such a defense will work in most situations.“In general, ignorance of the law is not an excuse for criminal behavior,” said Taryn Merkl, senior counsel in the Justice Program at the Brennan Center for Justice and a former federal prosecutor in the Eastern District of New York.Many accused rioters also face multiple charges for crimes they allegedly committed once inside the building, which experts say would render their claims of legal entry meaningless.“Whether or not people knew that it was not lawful to enter the grounds as they did, many are charged with parading, demonstrating, or picketing — and that is prohibited, and no intent is required,” Merkl said.Brandon Fellows, for example, told investigators he did not think he was going to get in trouble because the police officers seemed to be “on our side,” but he was later seen with his feet up on the desk of Sen. Jeff Merkley, D-Ore.“Even if the officer had permitted him in the rotunda area or somewhere that might conceivably be a public space, anybody knows that breaking into a private senatorial office is wrongful, and would obstruct the administration of government,” Merkl said.U.C. Berkeley law professor Charles Weisselberg, a former public defender, said the defense might help those charged with crimes where intent is required.“If someone believes that they are allowed to do something, it might negate the intent that’s otherwise required to convict,” Weisselberg told ABC News. “Whether it is successful or not depends on the facts, what they heard, saw, and believed, but I could see that being presented.”Merkl, however, noted that the majority of the rioters are charged under specific statutes that apply to the protection of the Capitol, for which prosecutors don’t have to prove intent on the part of the accused.Dimitry Shakhnevich, a criminal defense attorney and adjunct assistant professor at John Jay College of Criminal Justice, also said that defense wouldn’t work.“If I leave my door open to my house, you can’t bolt in, even though I left the door open,” Shakhnevich said. “It’s still trespassing … and making the argument that I impliedly consented to access by leaving my door open is silly.”Still, claims by those who say they were unaware they were committing illegal acts could sharpen the distinction between Trump supporters who may have gotten swept up in the moment and hardened extremists who went to the Capitol with plans to commit violence. An ABC News analysis of court records, military records, interviews and available news reports found that at least 19 of those arrested have associations or possible ties to extremist groups, including the Proud Boys, Oath Keepers and Three Percenters. Numerous individuals associated with those groups have since been charged with conspiracy.And while some accused rioters say they believed law enforcement allowed them to enter, others are saying they believed they were acting under direct orders from then-President Donald Trump, who told his supporters at the rally before the attack that they should “fight like hell” and that he would be joining them on their march to the Capitol.An ABC News analysis found at least a dozen rioters have mounted such a defense, a point that was raised multiple times by Democrats as they sought last week to convict Trump on charges that he directly incited the mob.Weisselberg said that authorities prosecuting accused rioters will likely dispute such claims by pointing directly to what the rioters observed upon arriving at the Capitol.“You’re looking at the location where they entered, you’re looking at the time that they entered, you’re looking to see whether it would have appeared that that they were entering a restricted space,” Weisselberg said. “The prosecution might counter with other facts, arguing that for a person who came up to the building at this particular location, they actually couldn’t have believed that they were entitled to enter because they saw broken glass, damage, and other things that should have been apparent to this person entering at that particular point in time.”The claims, whether successful or not, bring a renewed focus on the conduct of police that day. In the aftermath of the attack, officials began questioning why law enforcement was not better prepared, and numerous investigations have been opened in the weeks since.Earlier this week, Speaker of the House Nancy Pelosi announced that Congress would create an outside commission to investigate the riot, including “the preparedness and response of the United States Capitol Police and other Federal, State, and local law enforcement in the National Capitol Region.”The Senate is scheduled to hold its first hearing into the security preparations leading up to Jan. 6 next week, and has called current and former officials responsible for securing the U.S. Capitol building to testify.Bryce Lowry Caldwell, an attorney for one of the alleged rioters, told ABC News they were “looking into” the actions of the Capitol Police as a possible defense.“Numerous individuals have been charged for being on a piece of property when they shouldn’t be,” he told ABC News. “If someone let them on … that’s an issue.”Caldwell’s client, Jordan Revlett, had posted on Snapchat that “a capitol police officer opened the door from inside to let us in,” according to the FBI affidavit. Revlett also told investigators he “did not see any signs that would have restricted his entry” and that “a police officer was standing behind the door he entered, who did not try to stop his entry.”“There’s several other defendants who said the same,” Caldwell told ABC News. “I would feel safe to say that’s an issue the Department of Justice would be looking into.”When asked for comment, a DOJ official referred ABC News to its previous statements that “any individuals who intentionally committed a crime that day will be charged.”Investigations have since been opened into the actions of 35 Capitol Police officers, a congressional official told ABC News, and at least two officers have been suspended, according to Rep. Tim Ryan, D-Ohio.Other officers have been honored for their heroism in protecting the Capitol during the attack, which left five dead, including a Capitol Police officer, and injured dozens of officers.Capitol police did not respond to ABC News’ request for comment.“I certainly believe that the Capitol Police role in this should be fully investigated, whether it’s by prosecutors or by the House Oversight Committee,” said Merkl, the former federal prosecutor. “There needs to be a review of what the Capitol Police role, if any, was in facilitating this or aiding and abetting it.”Nevertheless, Merkl said, “the actions of the government aren’t on trial in a criminal case. What’s on trial is the action of the defendant.”Copyright © 2021, ABC Audio. All rights reserved.last_img read more

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HR: Why The IQ/EQ balance is important

first_imgHR: Why The IQ/EQ balance is importantShared from missc on 23 Feb 2015 in Personnel Today Previous Article Next Article Related posts:No related photos. When hiring a new staff member, what are the key criteria you look for outside of the competence or experience in fulfilling the job description?We live in an age of collaboration and knowledge sharing and so the ability to positively influence situations and navigate your way around day to day scenarios with tact and diplomacy are fundamental to success. Intelligence, experience and skill are essential for success but we must stop thinking of intelligence as knowledge gained in academia. It is now widely accepted that the most successful among us have a blend of IQ and EQ, the proportions of which are widely disputed. We define and measure EQ in 5 areas. They are Self-awareness/self-control, Empathy, Social skills, Personal Influence & Motivation. So how do you screen for EQ? Here are a few questions that may help:Tell me about a time when your actions positively impacted someone else?Have you ever been in a situation where you realised that you have had to change or modify your behaviour? How did you notice this?Tell me about a time you have had to prepare yourself for a situation you knew would be negative. What did you do? How did it work out?Have you ever received criticism? What was it? Were you surprised?Tell me about a time that you were angry with someone at work. What did you do?Situational questioning will require you to observe not just the answer but how the interviewee is answering and how comfortable they are with the questions, but you will be ensuring best possible chance of securing a well-rounded professional who will flourish and succeed in a broader range of environments and circumstances.center_img Comments are closed. Read full article last_img read more

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A case study of storm commencement and recovery plasmaspheric electric fields near L=2.5 at equinox

first_imgData from the VLF Doppler experiment at Faraday, Antarctica (65○ S, 64○ W) are used to study the penetration of the high-latitude convection electric field to lower latitudes during severely disturbed conditions. Alterations of the electric field at L-values within the range 2.0 – 2.7 are studied for two cases at equinox (10 – 12 September 1986 and 1 – 3 May 1986). The recovery of the electric field is found to be approximately an exponential function of time. Values for the equatorial meridional E×B drift velocity, inferred from the data, are used as inputs to a model of the plasmasphere and ionosphere. The model and experimental results are used to investigate the post-storm alteration of ionospheric coupling processes. The magnitude of the effect of ionosphere-plasmasphere coupling fluxes on NmF2 values and the O+-H+ transition height is dependent on the local time of storm commencement, and on the orientation of the electric field. The coupling fluxes appear to have a maximum influence on ionospheric content during the main phase of geomagnetic activity that produces outward motion of plasmaspheric whistler ducts.last_img read more

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