Iraqi murder claims a 'conspiracy'

16 April 2014 Last updated at 13:52 The inquiry is concerned with the events following a fierce firefight on 14 May 2004 Allegations that British troops murdered Iraqis in the aftermath of an infamous 2004 battle were the result of a "conspiracy" to pervert the course of justice, the UK government has said.

The Ministry of Defence told the Al-Sweady public inquiry claims that bodies were mutilated were also "dishonestly made" by witnesses.

Lawyers for the Iraqis withdrew the murder and mutilation claims in March.

The inquiry was set up in 2009 to examine claims of mistreatment.

It is due to report by the end of this year and to date has cost £22.7m. It has reviewed millions of documents and heard from more than 280 witnesses.

'Not honest mistakes'

In closing statements to the inquiry, lawyers for the MoD said the allegations had caused "immense anxiety and distress" to the soldiers concerned.

After giving evidence last year, Mizal Karim Al-Sweady held up a photograph of his son Hamid

"The untruthful allegations cannot be attributed to honest mistakes or misunderstandings," the MoD said.

"They are the product of a conspiracy between a number of the Iraqi core participants to pervert the course of justice."

The four-year inquiry has been examining the Battle of Danny Boy - named after a British checkpoint near the town of Majar al-Kabir in southern Iraq - during the Iraq war.

British troops were accused of unlawfully killing 20 or more Iraqis at the nearby Camp Abu Naj.

But Neil Garnham QC from Treasury Solicitors - which represented many of the British personnel involved in the inquiry - said that some Iraqi witnesses had resorted to "elaborate fabrication" to explain why they and others were on the battlefield in the first place.

He accused the witnesses of being motivated by the prospect of receiving compensation.

'Broken and helpless'

Last month Public Interest Lawyers, acting for the Iraqi families and surviving detainees, said there was "insufficient evidence to support a finding of unlawful killing".

The inquiry is also examining claims that British troops mistreated nine detainees arrested after the battle.

Lawyers for the Iraqis told the inquiry that these outstanding allegations were "grave indeed".

Patrick O'Connor QC described them as: "Gross violations of the Geneva Conventions, inhuman and degrading treatment of wounded, broken and helpless young men, who were utterly at the mercy of their military handlers and interrogators."

The MoD has admitted that one detainee was grabbed and shaken, and that another may have been slapped.

It also concedes that the detainees should have been given a proper meal when they were first captured.

The inquiry was established after the MoD failed to prove that it had carried out a proper examination of the events of 14 May 2004.

Inquiry chairman Sir Thanye Forbes is expected to produce his report by the end of the year

The MoD was condemned for a "lamentable" failure to disclose information, including complaints made by detainees to the Red Cross.

"None of this would have been necessary if they had acted responsibly and in the public interest years ago," Mr O'Connor added.

"The heavy cost of this inquiry is the heavy cost of their dereliction of legal, moral and professional duty."

The inquiry is named after one of the Iraqi men, 19-year-old Hamid al-Sweady, who was alleged to have been unlawfully killed while being held following the battle.

It has been hearing closing oral submissions from the inquiry's core participants.

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Death sentence for Jenin man convicted of murder

JENIN (Ma'an) -- A military court in the northern West Bank has sentenced a former member of the Presidential Guard to death by firing squad, after he was convicted of murder.

The defendant, identified by a rights group as Waheed Yaseen, was convicted of premeditated murder and possession of an unlicensed weapon as well as making threats and resisting arrest.

After a seven-month trial, Yaseen was convicted Monday of killing Mahmoud Hassouna of Nablus on March 20, 2011. Hassouna operated a jewelry store and money exchange in Jenin.

Last week, the Parliamentary Assembly of the Council of Europe voted to grant the Palestinian National Council "partner for democracy" status partly on the basis that it would abolish the death penalty.

The PLO's revolutionary penal code of 1979 allows for death sentences, but they can be appealed and are subject to ratification by the president. Mahmoud Abbas has not ratified such sentences.

According to research by the Palestinian Center for Human Rights, Monday's death sentence is the sixth in 2011, two of which were issued in the West Bank and four in the Gaza Strip.

The 1979 code is unconstitutional when implemented by the Palestinian Authority, as it has not been presented to, nor approved by the legislature, PCHR noted in a statement Tuesday.

The group calls for abolishing the penalty as it violates international standards of fair trial.

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In pictures: Kercher murder case

4 October 2011 Last updated at 05:01

Photos from around the world on 6 October

Tributes to Apple founder Steve Jobs

Protesters march on New York's financial district

Readers' pictures on the theme of gardens.

Photojournalist dies at the age of 84

Photos from around the world on 5 October

Photos from around the world on 4 October

Court overturns convictions of Knox and Sollecito

Attack in the Somali capital, Mogadishu

Hundreds camp out in New York's financial district

Weekend Means Murder on Central Oregon Coast

Published 03/05/09

Weekend Means Murder on Central Oregon Coast

(Newport, Oregon) - Every spring, there’s a murder in Newport’s Nye Beach neighborhood. Then, hundreds show up over the weekend to help solve it, in what is Oregon’s largest interactive event.

On March 14 and 15, it’s the Nye Beach Murder Mystery Weekend, where the public is the detective. Participants visit various locations throughout the beachside village, interviewing local residents and merchants who are dressed up in costume – all of whom are suspects.

Prizes are then awarded to the winning sleuths.

This year’s production is called “Captain Pinkbeard's Last Pluck,” written by Oregon author Ram Papish, and includes an interesting time period paradox.

Locals get dressed up and play roles in this interactive sleuth festival that draws hundreds.The mystery takes place in the 1960's, though the murder occurs during the re-enactment of an 18th century pirate caper, so the participants can dress 60's-style or pull out their pirate garb. The actors themselves will be pirates.

Things begin on Saturday, March 14.

The event kicks off at 11 a.m. at Nye Cottage, 208 NW Coast Street, one block north or the Performing Arts Center. Participants purchase their Mystery Packets for $5, and may choose to work alone or in groups.

Participants will visit each clue location between 11a.m. and 5 p.m. to collect the mystery clues and to interrogate the suspects who will be available between noon and 5 p.m., following their schedules in the Mystery Packet.

Does this character look guilty?Mystery Solutions are due by 6 p.m., and are to be turned in at Nye Cottage, 208 NW Coast Street, one block north of the Performing Arts Center.

The second part of the weekend happens Sunday, March 15.

The "reveal" is at 1 p.m. at the Visual Arts Center, 777 NW Beach Drive, at the Nye Beach Turnaround. The location is the second floor meeting room, which may be accessed from the parking lot north of the Sylvia Beach Hotel or from the Downstairs Gallery off of Beach Drive and the Nye Beach Turn Around parking lot.

The suspects will be in attendance, and the Chief Investigator will reveal the particulars of the mystery and the “who dunnit” of this mystery.

Prizes are in the form of gift certificates from the participating Nye Beach Merchants. The winner will also receive a two-night stay for up to four people in Nye Beach, good through Mystery Weekend 2010.

One of the characters from a past Murder Weekend feigns sorrow.Oregon author Ram Papish says he has often found himself at a loss to name his profession: artist, biologist, tour guide, or writer. Each field of endeavor, however, has involved birds. At one point, he settled on an appropriate term: "Professional Bird Enthusiast.” Even when he is writing a mystery for Nye Beach Mystery Weekend he can't help include at least one fine-feathered friend in the plot.

Ram’s interest in birds has led to work on field biology projects in many locations: from Panama to Puerto Rico, Florida to Texas, Jamaica to the outer islands of Hawaii. His strongest interest over the years has been studying the wildlife of Alaska. He has worked in the state for 12 field seasons.

Ram has worked as an illustrator most of his life. He has recently begun to write and illustrate children’s books. Ram’s books tell a story, while educating the reader about wildlife and natural history topics.

He lives near Newport, Oregon with a goldfish, three chickens and one Chia pet.

For more information, call 541-270-2234.

Tradewinds Motel, Rockaway Beach. All rooms are immaculate and have TV’s, VCR’s and in-room phones w/ data ports. Oceanfronts have queen bed, a double hide-a-bed, kitchen, cozy firelog fireplace and private deck. Both types sleep up to four people. Others are appointed for a two-person romantic getaway, yet still perfect for those on a budget. Elaborate oceanfront Jacuzzi suite has two bedrooms, kitchen, double hide-a-bed, fireplace and private deck, sleeping as many as six. For family reunions or large gatherings such as weddings, some rooms can connect to create two-room and three-room suites. Some rooms pet friendly. 523 N. Pacific St., Rockaway Beach. (503) 355-2112 - 1-800-824-0938. www.tradewinds-motel.com

Inn at Cannon Beach. Beautifully wooded natural setting at quiet south end of Cannon Beach. Great during winter storms with a new book by the fireplace – or when the sun is out for family fun and beach strolling. Handsome beach cottage-style architecture. Lush flowering gardens and naturalized courtyard pond. Warm, inviting guest rooms. Continental buffet breakfast. Warm Cookies. Family and Pet Friendly. Welcome gifts. Smoke-free. Complimentary Wireless Connectivity. Wine and book signing events. 800-321-6304 or 503-436-9085. Hemlock At Surfcrest, Cannon Beach, Oregon. http://www.atcannonbeach.com/.

The Ocean Lodge. There will not be another property built like this in Cannon Beach in our lifetimes. Rare, premiere ocean front location; handsome, dramatic architecture and tasteful, fun (nostalgic) beach interiors. Overlooks Haystack Rock. 100 percent smoke free. Imaginative special occasion packages. Massive wood burning lobby fireplace. Library w/ fireplace, stocked with impressive book collection. Pet and family friendly. Lavish continental buffet breakfast. In-room fireplaces, mini-kitchens. Jacuzzi tubs in select rooms. DVD players, complimentary movies. Morning paper. Warm cookies. 888-777-4047. 503-436-2241. 2864 Pacific Street. Cannon Beach, Oregon. http://www.theoceanlodge.com/

Arch Cape Property Services. Dozens of homes in that dreamy, rugged stretch between Cannon Beach and Manzanita known as Arch Cape. Oceanfront and ocean view , or just a short walk from the sea.
All homes are immaculate and smoke free; some pet friendly (with a fee). Some with broadband, indoor or outdoor hot tubs, fireplaces, decks, and fire pits or barbecues. Call about tempting winter specials that go until March (not valid holidays, however). http://www.archcaperentals.com/ 866-436-1607.

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Indonesian Woman Executed In Saudi Arabia For Murder

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Was duct tape used to murder Caylee Anthony? Roll of tape seized from Anthony home

By Amy L. Edwards and Anika Myers Palm

Orlando SentinelOrlando Sentinel

Will prosecutors be able to link duct tape as a possible murder weapon to Casey Anthony?

Authorities are clearly taking a close look at duct tape in this case based on details released Tuesday and in the past.

In December, in fact, Assistant State Attorney Jeff Ashton described how prosecutors think Caylee died, with duct tape over her nose and mouth.

He suggested a child who was nearly 3 years old should have been able to remove the tape — but Caylee could not, meaning she was either drugged or physically restrained, he said.

"If she was physically restrained, her killer would have had to restrain her arms by some means, applying tape while she was conscious," Ashton said in December.

"As the killer looked into her face, maybe her killer even saw her eyes as the tape was applied. ...Could Caylee have understood what was happening to her? Did she try to resist? Could the killer see the fear in her eyes as the tape was applied? These are questions only the jurors will be able to answer in this case."

So far, investigators have seized a roll of Henkel brand duct tape from the Anthony family home.

They found the same brand on a gas can that Casey Anthony once stored in her trunk.

And, tape found wrapped around Caylee's skull also was Henkel brand.

What remains unclear is whether the tape on her skull and the gas can came from the roll seized from the home or a separate roll all together.

That's what investigators are trying to determine.

Based on photos, video clips and documents released Tuesday, they also are looking at duct tape used to post missing Caylee Anthony fliers in the days after the girl's disappearance.

One short video, which was shot by local news media, shows fliers placed on utility poles and in store windows were secured with duct tape.

Liz Brown, a new spokeswoman for the defense would not comment about specific information released Tuesday.

"The photos and documents released Tuesday demonstrate the extent of public access to the area where Caylee Anthony's remains were found," Brown said.

Other evidence released included photographs of a syringe, a Gatorade bottle and a child's car seat, as well as television news footage taken when Anthony's family, including parents George and Cindy Anthony, were still looking for the toddler.

Casey Anthony is charged with first-degree murder in the 2008 death of her daughter.

The footage from WFTV-Channel 9 shows brief clips of Caylee playing and turning the pages of a book; a flier featuring Caylee; some footage of a jailed Casey Anthony on the phone; and Casey's brother, Lee Anthony, speaking with media.

The toddler was reported missing in June 2008. Her remains were found scattered in woods in December 2008, just blocks away from the east Orange County home she shared with her mother and grandparents, George Anthony and Cindy Anthony.

Casey Anthony is accused of killing Caylee. She is being held on no bond in the Orange County Jail, and prosecutors are seeking the death penalty in the case.

The syringe and Gatorade bottle also were part of previously-released evidence.

Records show trace amounts of chloroform — a potentially deadly chemical — on some of the evidence, though it's unclear whether the chemical played a role in the child's death.

Authorities ruled Caylee's death a homicide, but they could not determine how she died.

An earlier released FBI report shows investigators found a plastic Gatorade Cool Blue sports-drink bottle near the child's remains.

A plastic bag labeled "Disposable Syringe Kit" with a syringe was found inside the bottle. A report indicates chloroform, testosterone, ethanol and water were inside the syringe.

Chloroform — a byproduct of the contact between pool-grade chlorine and skin, sweat or urine — is often depicted as a chemical that can render someone unconscious.

Commercially, it is used in refrigeration. But a person can die if too much of it is inhaled.

Among the other photographed items released Tuesday: a doll, what appears to be the liner from Casey Anthony's trunk and duct tape.

Also included are documents from the FBI Laboratory's Chemistry Unit, and several previously released items, including Casey Anthony's employee wage information and Orange County Sheriff's Office reports.

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Murder charge filed against Anaheim man accused of gunning down estranged wife

Print   Email   Font ResizeDaily News Wire ServicesPosted: 06/20/2011 11:18:39 AM PDT
SANTA ANA - A murder charge was filed today against a 35-year-old Anaheim man accused of gunning down his estranged wife near the Irvine day care center where she worked.

John Rand Agosta is also facing a special circumstance allegation of lying in wait, which makes him eligible for the death penalty if convicted. Prosecutors will decide later whether to pursue capital punishment or life in prison without parole. http://shop.ebay.co.uk/i.html?_from=R40&_trksid=p5197.m570.l1313&_nkw=dvd+with+media+on+it&_sacat=See-All-Categories

An armed Agosta allegedly waited Thursday in his Ford Mustang outside the workplace of his estranged 28-year-old wife, Alejandra Hernandez, said Farrah Emami of the Orange County District Attorney's Office.

When Hernandez left the day care center in the Turtle Rock neighborhood to get lunch about 2 p.m., Agosta allegedly trailed her in his car for about a half-mile. When she parked her car in a cul de sac and got out, Agosta allegedly shot her nine times in the chest, Emami said.

Agosta tried to get away in his car, but for some reason it wouldn't start and he ran away instead, but not before allegedly kicking Hernandez as she was bleeding to death, Emami said.

Agosta called a friend -- who was unaware of the shooting -- to pick him up and take him to his friend's home in Mission Viejo, where he was eventually arrested, Emami said.

Agosta, who was being held without bail, was scheduled to be arraigned sometime this afternoon.

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Saudi beheads Indonesian woman convicted of murder

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Indonesian Woman Executed In Saudi Arabia For Murder

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Should Casey Anthony testify at her murder trial?

The drama of the summer continues in Courtroom 23 in Orlando as court watchers wonder if Casey Anthony, the Florida mom accused of killing her toddler, will take the stand in her own defense.

Pool photo by Red Huber

Casey Anthony taking the stand has a serious pitfall, analysts say: The prosecution has shown, and the defense admits, that Anthony is a liar.

Pool photo by Red Huber

Casey Anthony taking the stand has a serious pitfall, analysts say: The prosecution has shown, and the defense admits, that Anthony is a liar.

Legal analysts say she has little choice but to testify after her defense lawyer said in his opening statement that Anthony's daughter, Caylee, drowned in the family pool and her father helped cover it up. The lawyer, Jose Baez, told the jury that Anthony had been molested by her father as a child and that conditioned her to keep quiet about what happened to her daughter.

"She has to take the stand now," says George Parnham, a lawyer who defended Andrea Yates, the Houston mother who drowned her five children during a psychotic breakdown. "She has to explain this to the jury. They need to hear from her. You need to humanize your client."

Anthony's father, George, took the stand during the prosecution's case and denied the allegations. That means Anthony must testify about the alleged abuse and the alleged drowning, other defense lawyers say.

But her taking the stand has a serious pitfall, they say: The prosecution has shown, and the defense admits, that Anthony is a liar. "It's a big risk," says Miami criminal defense attorney and former prosecutor Daniel Lurvey.

Prosecutors, Lurvey and other lawyers say, will methodically pick apart all her stories about what happened to her daughter, including that the child was taken on a trip and that her daughter was kidnapped by a nanny named Zanny.

Lurvey says Baez has boxed himself into a corner.

"He's created a situation that if she does not testify, it's almost as bad as if she does and does badly, Lurvey says.

Baez did not return a call to his office. Anthony is charged with first-degree murder and faces the death penalty if convicted. She has pleaded not guilty.

Prosecutors say she suffocated her 2-year-old daughter with duct tape on her nose and mouth, kept her body in the trunk of her car and later dumped it in woods near her home.

Donald Jones, a law professor at the University of Miami, says the prosecution has a circumstantial case that has not tied Anthony directly to murdering her child. He says the defense should have stuck with poking holes in the prosecution's case, but Baez is giving the prosecutor a chance to discredit her on the stand.

"But because the defense chose the strategy it did, it is dotting the i's and crossing the t's prosecution failed to do," Jones says.

Baez, who was admitted to the Florida bar in 2005, has never tried a death penalty case.

Karin Moore, director of defense and death penalty clinics at Florida A&M University, says his inexperience shows in his questioning of witnesses, which she says is not as focused as it should be.

"Questioning a witness has to be like a surgical strike," she says. "You don't cut your teeth on a death penalty case. … I hope this woman does not receive the death penalty because of it."

Judge Belvin Perry adjourned for the day Monday after he said both sides were wasting the jury's time with legal matters that should have been taken up before court began.

Contributing: Melanie Michael, WTSP-TV; The Associated Presshttp://shop.ebay.co.uk/i.html?_from=R40&_trksid=p5197.m570.l1313&_nkw=dvd+with+media+on+it&_sacat=See-All-Categories

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Judge orders one-day recess in Casey Anthony murder trial

Casey Anthony is charged with killing her 2-year old daughter in 2008.

It appears that the judge presiding over the Casey Anthony murder trial has had enough - of the lawyers' bickering.

Judge Belvin Parry suspended proceedings for a day, MSNBC.com reported.

While the reasons for the recess weren't immediately clear, they came after he scolded defense attorneys and prosecutors for bickering about legal issues that should have been resolved before the jury was seated.

The judge was visibly annoyed with both attorneys before the start of the 23rd day of the trial, CBSNews.com reported.

The scolding came after he listened to them argue for about 25 minutes following a request from the prosecutor, Jeff Ashton, to delay testimony from two of the witnesses the defense planned on calling

The defense lawyer, Jose Baez, snapped that Ashton was  too inexperienced to know he should have prepared for them weeks before the trial.

That prompted Parry to ask them what time it was.http://shop.ebay.co.uk/i.html?_from=R40&_trksid=p5197.m570.l1313&_nkw=dvd+with+media+on+it&_sacat=See-All-Categories

When Ashton replied 9:25 and Baez said 9:26, Perry, exasperated, said, "That shows the two of you will never agree on anything."

He also had to dismiss the jury twice on Friday to listen to attorneys from both sides.

Anthony has pleaded not guilty to first-degree murder in the death of her 2-year-old daughter, Caylee. If convicted, she could receive the death penalty.

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Science takes center stage in Hummel capital murder trial

By Melody McDonald

mjmcdonald@star-telegram.com

FORT WORTH -- The trial of John "Johnny" Hummel turned scientific Monday with jurors hearing how DNA, fingerprints and trace evidence were used to identify and to help determine what happened to three people found dead in a burned-out house in 2009 in Kennedale.

Scientists and analysts from various disciplines dominated the sixth day of testimony in the capital murder trial as prosecutors Miles Brissette and Bob Gill continue to methodically lay out their case against Hummel.

The 35-year-old former Marine is on trial in state District Judge Ruben Gonzalez's court, accused of killing his pregnant wife, Joy; disabled father-in-law, Clyde Bedford; and daughter, Jodi, 5, and then setting fire to the family's home.

A DNA forensic analyst testified that Joy Hummel was pregnant with a girl.

If convicted, prosecutors will seek the death penalty for Hummel, who is being defended by Fred Cummings, Larry Moore and Pam Fernandez.

Hummel confessed to the crime after he was arrested in California. He told investigators that he beat his wife with a baseball bat and then stabbed her with a two swords and a dagger, before resting for a short time and then fatally beating Bedford and Jodi. After his family was dead, Hummel told investigators that he torched his house and began working on his alibi by going to places where his presence would be captured on surveillance video. http://shop.ebay.co.uk/i.html?_from=R40&_trksid=p5197.m570.l1313&_nkw=dvd+with+media+on+it&_sacat=See-All-Categories

Melody McDonald, 817-390-7386

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Death penalty no longer the mandatory sentence for persons convicted of murder

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Judge Calls Recess After Scolding Attorneys in Casey Anthony Murder Trial

Judge Calls Recess After Scolding Attorneys in Casey Anthony Murder TrialPublished June 20, 2011

| Associated Press

ORLANDO, Fla. -- The judge in the murder trial of a Casey Anthony scolded prosecutors and defense attorneys Monday, warning them they may face punishment when the trial concludes, then he abruptly halted proceedings for the day to give both sides more time to sort out issues with witnesses.

One of the major disputes involves a defense witness who took the stand over the weekend, but neither prosecutors nor the judge knew what he was going to say. With the jury outside of the courtroom still waiting to hear testimony on Day 23 of the trial, Judge Belvin Perry said he was tired of the infighting.

"There has been gamesmanship on both sides," Perry said. "... Obviously there is a friction between attorneys. That's something I guess the Florida bar will deal with. And at the conclusion of this trial, the court will deal with violations that may have occurred."

Anthony, 25, is accused of killing her 2-year-old daughter during the summer of 2008. She has pleaded not guilty. The defense says the girl drowned in her grandparents' swimming pool while the state says she was suffocated by duct tape being placed over her nose and mouth. If convicted, Anthony could get the death penalty.http://shop.ebay.co.uk/i.html?_from=R40&_trksid=p5197.m570.l1313&_nkw=dvd+with+media+on+it&_sacat=See-All-Categories

The judge highlighted the discord between attorneys when he asked prosecutor Jeff Ashton and defense attorney Jose Baez to look at the clock in the courtroom and tell him what time it was. Ashton said "9:25" and Baez "9:26."

"That shows the two of you won't agree on anything or ever interpret things the same way," Perry said.

The defense was about to call forensic anthropologist William Rodriguez to the witness stand Monday when the prosecution asked the judge for more time to go over a deposition he gave this past weekend.

Rodriguez was supposed to testify Saturday, but he was interrupted after prosecutors said he started talking about information that was not previously disclosed to the state. Perry wound up granting the state time to depose him and admonished lead defense attorney Jose Baez for violating a January court order that made it mandatory for expert witnesses to submit preliminary reports on their testimony.

Ashton said Monday the next expert Baez planned to call submitted only a summary report without any clear opinions. Ashton also said he planned to officially file for sanctions against Baez.

Baez argued that Ashton decided not to utilize the option to depose the new witness this past weekend and was also engaging in legal maneuvering.

"We did not intentionally look at this court's order and say we were going to disobey it," Baez said. Ashton "had a responsibility, omitted it ... and should not be allowed to come forth at the 11th hour."

Click here for complete coverage on the Casey Anthony murder trial from MyFoxOrlando.com

TIMELINE: Casey Anthony murder trial 

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Death penalty no longer the mandatory sentence murder convictees

News

By KENYA LAW REPORT

Posted  Sunday, June 19 2011 at 22:26http://shop.ebay.co.uk/i.html?_from=R40&_trksid=p5197.m570.l1313&_nkw=dvd+with+media+on+it&_sacat=See-All-Categories

Petronella Mukaindo and Michael Murungi

Republic V John Kimita Mwaniki [2011] eKLR (www.kenyalaw.org) 
High Court at Nakuru, Justice M.A. Emukule, June 10, 2011

“We now concede that notwithstanding the mandatory provisions of Section 204 of the Penal Code [which state that any person convicted of murder ‘shall’ be sentenced to death], a trial judge still retains the discretion not to impose the death penalty and instead impose such sentence as may be warranted by the circumstances and facts of the particular case. That is our position. The word “shall” in Section 204 should now be read as “may” – The Attorney General

The morality and legality of the death penalty has been the subject of academic and social debate.

While some individuals, religious organisations and human rights activists have called for its abolishment on grounds that it is an inhuman and degrading deprivation of the right to life, others have been of the view that it is the only sentence that is commensurate with the gravity of certain offences such as murder and violent robbery.

According to the latter group, the sentence’s retributive and deterrent qualities provide the justice that the victims of such offences expect.

While section 204 of the Penal Code provides that any person convicted of murder “shall” be sentenced to death, there has been a shift in judicial interpretations of the law.

At least since the decision of the Court of Appeal in Godfrey Ngotho Mutiso v Republic [2010] eKLR, there has been a change from automatically imposing a sentence of death once a person is convicted of murder to exercising discretion on whether to impose such a sentence depending on the circumstances of the case.

Most recently, a man who was found guilty of murdering three persons in an incident that characterised the ethnic violence that preceded the 2007 General Election, was sentenced to a 30-year jail term.

Based on the evidence presented to it, the High Court had found that John Mwaniki had been part of a mob which raided a homestead in Ngarua Location of Molo District on the night of November 27, 2007, and murdered Reuben Kipngeno, Shadrack Kipkoech and Rose Chemutai.
It did not matter that Mwaniki had been in a group of several people, the rest of whom were not before the court.

Section 21 of the Penal Code states: “When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purposes an offence is committed of such nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.”

In meting out the sentence, Justice Emukule was guided by the Court of Appeal’s decision in Godfrey Ngotho Mutiso v Republic.

According to the ruling in that case, despite the mandatory provisions of the Penal Code (that a person convicted of murder “shall” be sentenced to death), a trial judge still retains a discretion not to impose the death penalty and instead to impose such sentence as may be warranted by the circumstances and facts of the particular case.

The court can therefore consider the plea of mitigation presented by the accused or convicted person and all antecedents before deciding whether the death penalty is appropriate in a particular case.

Rather ironically, Mwaniki’s mitigation plea in this case was that his parents had been displaced in 2006 in a previous wave of “ethnic cleansing” and were living as internally displaced persons in a makeshift camp.

He also said that he was only 20 years old at the time of the events leading to his arrest and that he was remorseful, so he did not deserve a death sentence.

In the Mutiso case, the Court of Appeal had agreed with a concession tendered by the Director of Public Prosecutions on behalf of the Attorney-General that the word “shall” in Section 204 of the Penal Code should be read as “may”.

This would apply not only to the offence of murder but also to the other offences in the Code that carry a death penalty – treason, robbery with violence and attempted robbery with violence.

The appellant in that case had argued that the imposition of the mandatory death penalty for particular offences was neither authorised nor prohibited in the Constitution and that section 204 of the Penal Code which prescribed a mandatory death penalty was unconstitutional and ought to be declared a nullity.

The Court of Appeal had ruled that while the now repealed Constitution recognised the death penalty, it did not provide that when a conviction for murder was recorded, only the death sentence must be imposed.

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Casey Anthony Trial: Duct Tape Problematic in Murder Case

http://shop.ebay.co.uk/i.html?_from=R40&_trksid=p5197.m570.l1313&_nkw=dvd+with+media+on+it&_sacat=See-All-CategoriesIt was common knowledge going into the Casey Anthony trial that the state's attorneys charged with prosecuting Anthony for the 2008 murder of her 2-year-old daughter, Caylee Marie Anthony, were going to focus on the circumstances surrounding the remains of child found near her grandparents home outside of Orlando, Florida. Much of that focus was going to center around duct tape found with the remains and believed to have been used to asphyxiate the child. But Anthony's defense offered expert testimony Saturday that could undermine the prosecution's case with regard to the duct tape.

Dr. William Rodriguez was the first of two expert witnesses called by the defense Saturday to refute the duct tape claim, according to ABC News. Rodriguez, a forensic anthropologist with the U.S. Department of Defense Armed Forces Medical Examiner's Office, said it would be impossible to determine the exact position of duct tape on a corpse given the time the remains had been at the mercy of the elements. He also offered that duct tape adhesive loses its stickiness over time and that animals that came into contact with the body could have moved the tape as well.

Forensic expert Dr. Werner Spitz testified that the duct tape the prosecution argued was used in the murder was actually applied after the body began decomposing. He also stated, according to the Associated Press, that the state's autopsy of Caylee Anthony's body had been "shoddy" and that the entire body had not been examined. He attested that he also examined inside the child's skull, something that had not been done prior to his examination.

Spitz, who also testified at the O. J. Simpson trial, said, "The head is part of the body and when you do an examination, you examine the whole body." He added, "... That to me is a signal of a shoddy autopsy."

The defense earlier in the week -- after the prosecution presented evidence surrounding the duct tape -- made certain that the jurors understood that no fingerprint evidence was found on any of the pieces (three) of duct tape found with Caylee's body. In fact, according to ABC News, defense attorney Jose Baez got FBI latent print analyst Elizabeth Fontaine, after an exhaustive tutorial on fingerprint retrieval, to admit three times that there were no fingerprints found.

The defense -- which contends that Caylee Anthony drowned in the family pool at her parents' home and that the death was subsequently covered up by her negligent grandfather, George (Casey Anthony's father), who let his daughter take the blame for the murder -- is pushing for an acquittal on the charge of murder against their client. By offering various refutations of the evidence, they hope to establish reasonable doubt.

Casey Anthony, 25, faces the death penalty phase of a trial should she be found guilty of murdering her daughter.

The prosecution contends that Anthony, then 22 years old, simply and callously planned and murdered her daughter, going so far as to do computer searches on how it could be done, then carrying out the killing, placing her daughter's body in the trunk of her car, allowing it to decompose for as long as five days, then placing the remains in a bag and disposing of it not a quarter-mile from her own parents' home outside Orlando. The remains were discovered two months after Anthony was formally charged with murder.

It was reported that a piece of duct tape was found adhered to the skull and hair of the remains. A heart-shaped sticker was also discovered, one that matched a roll of stickers found in the home of Anthony's parents -- in the room Anthony and Caylee had once shared. It was reported that there was a heart-shaped residue on the tape that had been found near the mouth of the body but the residue had been lost in the handling of the tape during forensic testing -- and no photograph of the residued image was taken to preserve the visual evidence.

Defense testimony resumes in the murder trial Monday. Presiding Judge Belvin Perry noted last week that he hoped that the defense would rest and the jury could begin deliberations by Friday, June 24.

(photo credit: Orange County Sheriff's Office, Public Domain, Wikimedia Commons)

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Tennessee man accused of killing ex-girlfriend in Calera is now facing upgraded capital murder charges

CALERA, Alabama -- A Tennessee man accused of killing his ex-girlfriend in Calera is now facing upgraded charges of capital murder.

Terry L. Griggs, 52, was initially charged with murder in connection with the death of Wendy Marie Thompson, whose body was found June 4 in her Milstead Road home.

Griggs, of Thompson Station, Tenn., now has been indicted by a Shelby County grand jury on two counts of capital murder in connection with Thompson's death.

Griggs is accused of choking Thompson to death between June 3-4 and stealing her car, according to an indictment filed today.

Griggs has been in the Shelby County Jail on a $1 million bond since he was brought back to Shelby County after being taken into custody by police in Orange Beach the day after Thompson's body was found in her Calera home.

If convicted of capital murder, Griggs could face the death penalty or a sentence of life in prison without the possibility of parole.

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Two charged with athlete murder

1 January 2011 Last updated at 16:37 Sylvester Akapalara was shot in the neck and chest on Wednesday Two people have been charged with murdering a "model athlete" in south London.

Sylvester Akapalara, 17, of Streatham, was shot dead in a stairwell on the Pelican Estate in Peckham on Wednesday.

Sodiq Adeojo, 18, and a 17-year-old male have been charged with the killing. They are due at Camberwell Green Magistrates' Court on 3 January.

Sylvester, a Sierra Leonian national, was said to be in the top 30 in the country for 400m running.

Steve Bosley, of athletics club the Herne Hill Harriers, said he was "quiet and unassuming".

More than 760 people have joined a Facebook group set up in memory of the teenager, who was also known as Sylvester Da Donappa.

He was found bleeding to death on the fourth floor of Heron House on the Pelican Estate and had been shot in the neck and chest.

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