Legal opinion finds SARA law dangerous, disingenuous

first_img… reverses enshrined presumption of‘innocent until proven guilty’Statements that the State Asset Recovery Bill is in consonance with the United Nations Convention against Corruption is true to a limited extent, only since key recommendations not included in the current draft, as put forward by Government, do not cater for financing of candidates and political parties, reporting by public officials of acts of corruption; rules to prevent corruption among members of the judiciary and abuse of functions among other acts.PSC Chairman Eddie BoyerThis is according to the legal opinion that was sought by the Private Sector Commission (PSC) and has since been made public as the Private Sector body has again reiterated its call for a re-examination of the draft legislation as has been promulgated by the coalition A Partnership for National Unity, Alliance For Change (APNU/AFC).InnocencePointing to many of the concerns with the application of the Bill as proposed by Government, the legal opinion sought by the PSC said “the model for the SARA Bill is an extreme form of asset forfeiture in which the presumption of innocence is at least, reversed.”It further charges that the Bill, if enacted into law will empower the Director to include, as part of the civil recovery application, “property, other than State property.”In fact, according to the legal opinion sought by the PSC, while the draft legislation proposes to deal with the recovery of State assets, there is no actual definition for “State Asset” in the Bill neither is there a definition for “State Property” – another term used liberally throughout the proposed piece of legislation. On the matter of the far reaching powers of the SARA Director, the PSC’s legal opinion has actually called some “frightening”.Under the proposed law, the Director can do “anything” which he considers appropriate, incidental to the discharge of his function.This effectively means that the “Director can assume functions of Commissioner General, the Commissioner of Police as well as the Director of Public Prosecutions.”According to the legal opinion sought, “most frighteningly, the Director can actually contract out the power, functions, and duties conferred on him.”Director’s powerThe powers of the SARA Director were deemed to be “incredibly wide… In fact, the Director’s functions are wider than those of SARA and considerably wider than those specified for the original corporation sole Director in the UK Proceeds of Crime Act.”The PSC’s legal opinion sought said, “When all the powers and functions of the Director are taken as a whole, together with the status of corporation sole, the Director has more powers and is subject to fewer restrictions, than the Commissioner of Police, the Commissioner General and the Director of Public Prosecutions.”On the matter of the funding for the Agency, the PSC’s legal opinion on the draft Bill has found that the provision granting SARA 25 per cent of its proceeds to finance its operations in fact, “violates Article 216 of the Guyana Constitution; and gives the Agency a direct interest in the funds raised.”It was pointed out that in the USA, the Police use this as a main source of funds, “a practice that is widely criticised as abused.”Legally impossibleThe proposed SARA legislation also envisages authorising the Finance Ministry to designate the Director and other named officers of SARA, as persons having the powers of a revenue and customs officer.The PSC’s legal opinion observed that under the Guyana Revenue Act, the power to appoint revenue and customs officers rests in the Guyana Revenue Authority (GRA) and as such, the “proposed provision, is either an amendment by implication or disregards that Act… It seems improper and legally impossible for a Minister to exercise a statutory power which Parliament has vested in the Governing Board of the GRA.”It was pointed out too that similarly, the Public Security Minister is now being conferred with powers to designate the Director and other named officers of SARA as persons having the powers of Police Officers and immigration officers.“Parliament has conferred the power to appoint Police Officers and immigration officers on the Police Service Commission and the Commissioner of Police,” according to the PSC’s legal opinion which states that its objection in relation to the GRA applies to this provision as well.FrighteningIt was essentially concluded that the proposed Bill seeks to achieve far too many objectives, namely the reduction in crime, recovery of State Assets and the introduction of a system of civil asset forfeiture.“The consequences of this over-ambitious approach are a frightening array of overlapping laws, concentration of power, violation of the Constitution and constitutional principles, violation of the standing orders of the National Assembly, and a potential reduction of the civil liberties: due process and the presumption of innocence.”It was pointed out too that by imposing a lower burden of proof on the Director in a case involving confiscation of property, than in a criminal case, “can put citizens in a serious disadvantage against the State, depriving him of the very funds he ought to need to prove his innocence.”Striking similaritiesThe PSC’s legal opinion observed too that the Bill contains some striking similarities with the Proceeds of Crime Act 2002 of the UK – that Act has been a major failure and has been effectively abolished.last_img read more

Trojans falter against the Huskies

first_imgThat might have had something to do with the early lackadaisical effort on defense by USC. The game started getting away toward the end of the first half when Washington (17-12, 7-10) hit 3-pointers on three consecutive possessions. The Huskies made 9 of 13 3-point shots in the first half. When Ryan Appleby hit the third 3-pointer in that series, it sparked a controversy. The shot went up just as the Huskies were called for a foul away from the ball. The referees originally appeared to be waving off the shot but, after a conference, called it good. That set off USC coach Tim Floyd, who ran at the official and got a technical. Appleby hit one of two free throws, giving Washington a 44-30 lead. The Trojans trailed 48-37 at the half. “We put ourselves in a hole early by not defending,” Floyd said. “It wasn’t one of our better defensive efforts. … I thought we didn’t get back defensively with our perimeter players, and we made some real mistakes in terms of location.” Washington’s lead swelled to 17 points early in the second half on a 3-point play by Quincy Pondexter. USC battled back to five points down behind the play of Young, who led the team with 26 points and displayed the wide variety of pro-style offensive moves that could help him leave early for the NBA after the season. 160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set! SEATTLE, Wa.- It almost seemed inevitable. In a nearly meaningless game with a showdown for second place in the Pacific 10 Conference looming Saturday, the Trojans were ripe for a letdown. “We’re playing for seeding, the coach said, and we never know how the tournament (selection) might go,” Nick Young said. “We might be shipped out to the East Coast to play against Florida.” Though it won’t impress the NCAA seeding committee, if USC had to lose a game than this was a good choice. The Trojans (21-9, 11-6) can still take second place in the Pac-10 by beating Washington State on Saturday in their final regular-season game. USC could also finish as low as fourth if it loses to the Cougars and Stanford beats Arizona. The game going on simultaneously across the state was actually more important to the Trojans. UCLA’s victory in Pullman set up the tiebreaker scenario that would put the Trojans ahead of the Cougars. center_img Even the Las Vegas oddsmakers saw it, making Washington a favorite over likely NCAA Tournament-bound USC. The Trojans came out playing uncharacteristically weak defense, fought back into the game but played sloppily down the stretch in an 85-70 loss at Washington that equals the team’s worst defeat of the season. last_img read more

All in a day’s work

first_imgTo complete the transformation, they used 35,000 square feet of sod, 1,500 shrubs and 100 trees. Sperber estimated that planning and financing the pocket park, the first of its kind in the neighborhood, would have taken the city several years and $500,000. `A miracle’ ValleyCrest – landscapers for The Grove, the Getty Center and the Flamingo Hotel in Las Vegas – worked with local politicians and a homeowners group to secure the rights to the vacant lot, leftover space from a housing development. It was donated to the city, which then gave the landscaper the freedom to remake it. “I’m from the government and I’m here to take over,” said Councilman Tony Cardenas, who represents a neighboring district, drawing chuckles from the crowd of workers. “Thank God, you were here to do this. … It was a miracle, what you did here.” Shortly after its 8 a.m. start, the crew spread out across the vacant lot like ants in orange vests, scurrying about with shovels and tools. Caterpillars and Bobcats raced around, flattening soil and digging tree holes. SYLMAR – At the hour he’d normally be sitting in meetings, Richard Sperber hoisted a wheelbarrow full of dirt Thursday morning and began to push. The clock was running, and he had a park to build. The dusty lot at Telfair Avenue and Cobalt Street spread out before him in the morning had to become a green field before sundown. And though Sperber was the executive in charge, he was there in jeans, boots and a sweat shirt, just part of the crew. “It beats having a bunch of boring meetings where everyone falls asleep,” said Sperber, president of Calabasas-based ValleyCrest Cos. “We’re going to build this whole thing today. By the end, there’ll be a beautiful park for kids to play in.” Instead of a traditional corporate retreat, ValleyCrest gathered 150 managers and executives for an annual meeting. Over dinner Wednesday evening, Sperber told the assembled group to be ready early Thursday in work clothes. In 6 1/2 hours, well short of the eight hours they’d allotted, they turned the 1 1/2 acres of dirt into a soccer field, picnic area and playground to be turned over to the city, free of charge. “Gangway!” called a crewman toting a lengthy section of metal rods that would become a soccer goal. Building, nurturing Paul Comstock, a former landscape design executive with Disney, eased a flowering purple-leaf plum tree into the ground. He’s normally vice president and principal creative lead for one of the company’s design studios, but he got his hands dirty Thursday. “This is what brought us all into the business – building something, planting something and nurturing it,” he said, voice hoarse. “People aren’t standing around, doing nothing. They’re trying to figure out a way to get it done.” As the crews laid down swaths of sod, Hector Sanchez, who lives across the street, sipped coffee and watched it unfold. “It beats that old, rotten field with the weeds and whatnot,” he said. “That’s for sure.” And by 2:30 p.m., the old, rotten field was no more. Lush, green grass covered the lot and kids kicked a ball around. Barbecue grills and benches replaced discarded beer cans. The crew members, looking a little worn out after a day of hard labor, rested their hands on their tools and cheered. “What a job!” crowed ValleyCrest founder Burt Sperber, the president’s father. “Can you believe this? When you saw those kids out there, playing on what was a piece of dirt this morning. … Wow.” brent.hopkins@dailynews.com (818) 713-3738160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set!last_img

‘Amazing’ Lukaku won’t lose focus -Mourinho

first_img0Shares0000Manchester United’s Romelu Lukaku scored twice at the VEB Arena on September 27, 2017, to take his tally to 10 goals in his first nine United games © AFP / Kirill KUDRYAVTSEVMOSCOW, Russian Federation, Sep 28 – Jose Mourinho backed Romelu Lukaku to ignore the hype about his superb start at Manchester United after the Belgian’s brace set up a 4-1 victory over CSKA Moscow.Lukaku, 24, scored twice at the VEB Arena on Wednesday to take his tally to 10 goals in his first nine United games and send Mourinho’s men three points clear at the top of Champions League Group A. To date Lukaku has shown no sign of being burdened by his £75 million ($100.5 million, 85.5 million euros) price tag, but Mourinho said the former Everton striker was braced for the inevitable counter-currents ahead.“Amazing numbers for Romelu. He’s humble, he wants to learn all the time, he wants to improve all the time,” the United manager told reporters.“I think ambition is there and I don’t think he’s going to be very impressed with your great words because he knows that when things are not going well, your words are also strong in a negative way.“I trust that he can keep performing for us.”Victory was secure inside 27 minutes for United, who were 3-0 up before their hosts had time to gather their senses.Paired together at the sharp end of a novel 3-4-1-2 formation, Lukaku and Anthony Martial clicked instantly, the Frenchman crossing for Lukaku to head in United’s opener in the fourth minute.After scoring a penalty in the 18th minute, Martial laid on Lukaku’s third goal and Henrikh Mkhitaryan added a fourth just shy of the hour before Konstantin Kuchaev purloined an anecdotal consolation.Mourinho’s only gripe was that United now face a quick turnaround before Saturday afternoon’s visit of bottom club Crystal Palace in the Premier League.“The team is solid, the team is playing well,” said Mourinho, whose team are level on points with league leaders Manchester City.“We start the competitions strong, August and September really strong in all the competitions.“We have now just one more game, a difficult one, against a fresh team when we are still here (in Moscow) and we have a game on Saturday at three o’clock.”– ‘Beyond my understanding’ –Before their match on September 27, 2017, Manchester United’s coach Jose Mourinho said this was the strongest CSKA team he had faced © AFP/File / Kirill KUDRYAVTSEVWhile Mourinho’s pre-match claim that this was the strongest CSKA team he had faced rang hollow, he said the scoreline was more a reflection of United’s strengths than the home side’s failings.“It was my best team too,” he said when asked to account for CSKA’s poor showing.“It’s true. I came here of course with very good teams -– Chelsea, Inter (Milan), Real Madrid -– but I think this was the strongest performance.“With Real Madrid and Inter we came for the knockout phase. We came to play for a very specific result. We were happy with the goal. We were happy with the 1-0, the 1-1.“Today we were really strong. It was my strongest performance here.”CSKA coach Viktor Goncharenko admitted United’s unfamiliar shape had caught him by surprise and expressed admiration for the speed with which Mourinho’s players rediscovered their shape after losing possession.“When you have 70 percent of ball possession and after losing the ball you return so quickly to defence, it’s beyond my understanding,” said the Belarusian.“Manchester played in another scheme. Many things were different to what we observed. We were getting ready for one scheme and the opponent played in a completely different scheme.”CSKA’s greying centre-backs Sergei Ignashevich and Vasili Berezutski were repeatedly exposed by the forward bursts of Lukaku and Martial, but Goncharenko was reluctant to single out individuals.“When your opponents destroy you, it’s hard to talk about individual players,” he said.Mourinho had chastised his players for playing “PlayStation football” in the latter stages of their 3-0 win over Basel in their Group A opener, but he was more forgiving of the lapses that allowed Kuchaev to score.“There was not so much PlayStation football tonight, just a little bit of relaxation,” he said. “That is normal.”0Shares0000(Visited 1 times, 1 visits today)last_img read more

Kaka on Liverpool’s Coutinho, Arsenal’s interest in Benzema and snubbing Man City

first_imgFormer AC Milan and Real Madrid superstar Kaka joined talkSPORT’s Andrew McKenna for an exclusive chat.The Brazilian, who now plies his trade for Orlando City, discussed being part of the ‘new phase’ of Major League Soccer with the likes of Steven Gerrard, Frank Lampard and Andrea Pirlo.The 2007 Ballon d’Or winner also gave his thoughts on the emergence of his fellow countryman Philippe Coutinho at Liverpool, discussed Arsenal’s reported interest in Karim Benzema and hailed the qualities of the current Real Madrid attack.last_img

Naomh Padraig, Muff to develop second playing pitch in 2017

first_imgThe club AGM took place in Ture on Sunday. Chairperson Pat Keaveney open the meeting by welcoming everyone and comprehensive reports were given by the outgoing committee about the business of 2016.Great Success in 2016Congratulations to all teams who performed so well in2016. Naomh Padraig club was certainly on form last year and it is hoped to build on this success for 2017. Junior A finalists, U13 County Champions and U14 Girls County Champions as well as Inishowen champions at U12,U14, U16 and U18 and numerous other successes. Second Pitch to be DevelopedDue to the number of teams training and playing there is huge pressure on our main pitch and its availability. Therefore, the lower pitch will become the club’s focus over the next year. It is hoped that a second sand carpet pitch will be developed to ease that pressure. With that in mind there will be teams of ticket sellers commencing the sale of the National Club Draw tickets in the parish in the coming weeks. All proceeds from the sale of these tickets will be used along with previous development funds to create this much need second playing surface.Membership FeesClub membership fees for 2017 were agreed at the meeting and forms for registration will be available shortly. Just a reminder to all that fees must be paid prior to commencing training. Thanks to all our sponsors, to all who support fundraising activities, to those who sell and buy Lottos on weekly basis. Your support is greatly appreciated.The following officers have been elected for 2017:President, Paddy HaugheyChairperson, Patrick KeaveneyVice Chairperson, Neil Toye Secretary, Ciaran McMenaminAsst Secretary, Damian McIntyreTreasurer, Joe McLaughlinAsst Treasurer, Michael McMenamin Childrens Officer, Roisin McColganPRO, Fearghal O’BoyleCulture Officer, Eileen McLaughlinOifigeach na Gaeilge, Joe McLaughlinCoaching Officer, Daniel McCauleyClub Registrar, Dermot McColganHealth & Wellbeing, Marty MaileyExecutive committee Members: Aaron Gallagher, Peter Mullan, Seamus McColgan, Noel Clingan, Brian Kelly and Martin DuffyInishowen Board Delegates: Damian McIntyre & Billy CostelloCounty Board Delegate:, Dermot McColgan & Michael McMenaminBreavementsThe club recently lost two great friends and supporters due to the deaths of John Mc Cauley and Phyllis Mc Kenna.John Mc Cauley was an excellent Gaelic footballer and played for a Quigley’s Point team in the forties. He has a member of the Quigley’s Point team who won the Inishowen championship in 1947.  In 1999 he was made an Honorary Life Member of  Naomh Padraig. On many occasions he drove underage teams to matches and had endless patience.Phyllis Mc Kenna in her role as newspaper correspondent was extremely helpful to the club and if the notes were not submitted she made sure she got them. Phyllis also gave great encouragement to the club and helped in many ways.We extend our deepest sympathy to both families. We also remember all our club families who lost any family members this year. May they rest in peace.Naomh Padraig, Muff to develop second playing pitch in 2017 was last modified: January 9th, 2017 by Chris McNultyShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)last_img read more

Donegal Death Notices – Rest in Peace

first_imgDonegal death notices to today, Sunday, July 30. Pete MCGILLThe death has taken place in Donegal Hospice, Letterkenny, of Pete McGill, Glenamohill, Fintown. Remains reposing at his late residence. Deeply regretted by his brothers, sisters, and family circle. Requiem Mass at 11 o’clock on Monday in St. Colmcille’s Church, Fintown, with burial afterwards in local Cemetery. Family time from 11 pm till 11 am. Bus shuttle service to wakehouse from Norton’s car park. Alan GRAHAMThe death has occurred at the Donegal Hospice of Alan Graham, “Weatherfield”, Glebe, Letterkenny, retired Maintenance Supervisor, Letterkenny University Hospital, deeply regretted by his loving wife Sandra (née Hardy), devoted father of Laura and Tanya, in-laws, family, relatives and friends.Alan’s remains are reposing at his home. Funeral from there on Monday 31st of July going to Trinity Presbyterian Church, Letterkenny for 2pm Service of Thanksgiving with interment afterwards in Gortlee Cemetery.  Noel CURRANThe death has occurred of Noel Curran, Swilly Inn, Moneyhaughley, Manorcunningham, suddenly, at Beaumont Hospital, Dublin. Publican.Funeral from his home on Monday 31st July at 10am to St. Columba’s Church Drumoghill, Manorcunningham for requiem Mass 11am. Family time please from 11pm. Family flowers only, please, donations in lieu, if desired, to the Irish Wheelchair Association. Hugh MCGILLThe death has occurred of Hugh McGill, Glen Road, Glenties, Donegal.Formerly of Glenmacenive, Glenties. Reposing at his late residence, Glen Road. Removal took place this morning, Sunday, 30th July, to St Conal’s Church, Glenties, for Funeral Mass at 11am, followed by burial in the local cemetery. Family time from 11pm please. Family flowers only, donations in lieu, if desired, to The Harbour Lights Patient Comfort Fund. Evelyn KELLY O’DONNELLThe death has occurred of Evelyn Kelly O’Donnell, formerly of Rannyhual and Calhame, Annagry, who died in Essex, England. Removal of ashes to her sister Brigid O’Donnell’s home, Calhame, Annagry.Funeral Mass took place this morning at 11am in St. Mary’s Star of the Sea Church, Annagry, followed by burial the old graveyard. House strictly private, please. Donegal Death Notices – Rest in Peace was last modified: July 30th, 2017 by Elaine McCalligShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window) Tags:obituarieslast_img read more

Camp Fire aid coming from San Jose Sharks, holiday events

first_imgWhen San Jose resident Ryan Brown brought his nephew, Dillon to see his first Sharks game at SAP Center, he took home a hat as a souvenir of the visit, which took place on his seventh birthday. Sadly, that hat — along with all of Dillon’s and his family’s other possessions — was lost when their home in Paradise was destroyed in the Camp Fire about a week later.When the Sharks heard what happened, the team sent Dillon a letter signed by his two favorite players, Brent Burns and Brenden Dillon, …last_img

U.S.-Made Plaster Product Line Launches in China

first_imgGBA added American Clay’s earth plaster to its product guide a couple days ago, citing the product’s U.S.-sourced materials, pre-consumer recycled content, and release of minimal pollutants.Beyond the greenness, flexibility, and durability of its plaster, though, is an international dimension to the American Clay enterprise: it is exporting to Canada, Japan, New Zealand, Antigua, Thailand, and, as the company announced last month, China.Based in Albuquerque, New Mexico, American Clay makes its plaster compounds from clay, aggregates (including post-industrial recycled marble dust), nontoxic mineral pigments, and boric acid mold inhibitor. Its veneers, which are applied in a thickness of about 3/32 in. (approximately the thickness of two credit cards), are intended for residential and commercial interiors. A key feature is that, unlike concrete, gypsum, marble, lime, and decorative acrylic plasters, American Clay is designed to breathe and remain flexible.Long working time, little wasteIf left unsealed, American Clay plaster has a very long working time – up to several days, the company says – during which it can be rewet and reworked, and excess plaster can be broken up and rehydrated. The clay can be applied over painted or sealed surfaces or gypsum plasters, and, with appropriate preparation, over wallboard with joint compound, brick, concrete block, and most other surfaces.American Clay decided to export to China after the company’s earth plaster finish received a patent in February and a visit to the country and demonstration there by company cofounder and CEO Croft Elsaesser attracted significant interest. The company says its target audience in China is its burgeoning middle class, which is paying more attention to interior aesthetics and even ecological issues such as climate change. Best of all, the middle class has money to pay for home improvements.In the U.S., the cost of American Clay finishes (there are four) varies with the region of the country and scale of the project, but in very broad terms, the company says, prices may range from $2.25 to $9 per square foot, materials and labor included. Excluding labor, product prices range from 80 cents to $1.15 per square foot of wall space.last_img read more

Class 12 board marks to get less weightage for entrance to NITs from 2017

first_imgAn engineering aspirant’s class 12 board exam marks may soon carry less weightage than the currently prescribed 40 percent for admission to the National Institutes of Technology (NIT).In the latest move, the Central government has decided to roll back its predecessor’s decision of assigning 40 percent weightage to class 12 board exam marks for admission to the various NITs, three years after it was introduced.The change, to be effective from the next academic year, is expected to be notified soon, according to Indian Express .Presently, the 31 NITs admit students based on all-India ranks prepared by giving 60 percent weightage to a candidate’s JEE (Main) performance and 40 percent weightage to marks obtained by them in their class 12 board exams.According to sources, Human Resource Development (HRD) Minister Smriti Irani, who is the chairperson of the NIT Council, has decided that from 2017, the NITs would not be calculating a student’s rank using their board marks. Instead, they will follow in the footsteps of the Indian Institute of Technology (IIT). Students are able to secure admission in the IITs, only if, apart from qualifying JEE (Advanced), they are either in the top 20 percentile of their school board or have scored at least 75 percent.Check: Limit on weight of school bags to apply on all schools: Maharashtra govtClick here to get more education news.Get latest updates on exam notifications and scholarships across India and abroad here.last_img read more