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Ministers object to normal treatment

Posted on 29th November, 2008 by TW

You have to feel sorry for members of the government and their allies. I mean, how dare they be treated like mere mortals, when they are so obviously in need of special treatment - like being assumed innocent until proven otherwise.

In an interesting example of double standards, the former home secretary lashed out at the police for their heavy handed tactics: (from the guardian)

David Blunkett, the former home secretary, yesterday led a cross-party attack on the police for what he described as “overkill” in arresting the shadow home office minister, Damian Green, after he published Home Office documents allegedly leaked by a civil servant.

As fresh details emerged of a nine-hour police operation against Green, whose parliamentary computer was seized and whose wife was forced to witness a search of their London home, Blunkett questioned police tactics.

Drawing a parallel with police behaviour in the cash-for-honours affair, in which a former Downing Street aide was arrested in a dawn raid, he spoke of “the danger of overkill, of treating every case as though we are dealing with a suspicious character”.

Woo, cry me a river Mr Blunkett. The irony here is astounding.

Lets look at this: The police were investigating a possible crime and as part of this they seized items of evidence (computer) and conducted a warranted search of the home address. Gosh. I have a suspicion that in London alone this will have happened 100 times that day. Nationally, there will be over a thousand people who have “witnessed a search of their house” - most will turn out to be innocent. Interestingly, despite the claim in the paper, his wife wasn’t forced to watch - she could have left them to it.

In a nutshell, this is routine police work. Thanks to Mr Blunkett’s drive to increase the draconian powers of the police this is happening to people all over the country every day. We are closer and closer to being “guilty until proven innocent” and it is (largely) down to things that happened on Mr Blunkett’s watch. That he can now whine about overkill almost defies belief. That this gibberish has news coverage is equally bizarre.

Equally weird is the subheading that “Brown and Smith were not consulted” - why should they be? Police investigate illegal activity daily. That is their job. If they had to consult the PM before every police investigation it would truly grind to a halt (and the Bill would be a lot less interesting).

The actual case in question here is of so little interest it has hardly generated any news coverage. For example, the only reference to it in this particular article is:

The police inquiry began when the Cabinet Office made a complaint to the Met about the leaking of confidential information from the Home Office.

Yawn. It happens all the time so who cares. Politicians have become so slippery in their urge to court tabloid popularity they think nothing about “Leaking” things on purpose, so should we really get upset when it happens without their explicit approval?

The reality of daily life for normal people is that if the police think you have committed a crime (or are planning to, or thinking about, or know someone who has, or look like someone who has, or live near someone who has) then a dawn raid, followed by a house search and computer seizure is a constant possibility. This is the world Blunkett et al created (and Cameron will only perpetuate), why are they upset to live in it?

Popularity: 4% [?]


Popularity: 4% [?]

Terrorism in the 21st century

Posted on 13th October, 2008 by TW

Go on home Osama Bin Laden, you are so last century in your, frankly pathetic, attempts to destroy western civilisation. For over five years now we have heard the mantra about how evil Islamic Terrorists want to destroy the decadent, freedom loving, west and how they will try to bomb us into submission.

Basically they are just impatient amateurs. If they wait long enough we do it to ourselves.

Lets look at the world of 2008:

In my job, I travel by air a lot (*) and as a result get constantly annoyed by the idiotic rules we suffer under the guise of “security.” I get monumentally annoyed by the fact that I have to check in hours before my flight, but should I want a drink during the inevitable two hour delay, I have to pay extortionate airport charges because 101mls of water is deadly (while 99mls isn’t). I get really annoyed at the obnoxious attitude most airport security staff have - although, in all fairness this is probably a reaction to suffering annoyed passengers day in, day out…

Outside work, I am a hobby photographer. I love taking pictures on my travels and feel that the cities and towns of my own country are on a par with anywhere else in the world. However in the new world of “Security” taking photos in public places of tourist landmarks results in a uniformed member of the public (**) coming up to me and asking me what I am doing. Thor forbid that a terrorist group be inexpert enough to need to overtly set up a large Digital SLR to take photographs rather than use a mobile phone or compact camera (the millions of people doing that get ignored…).

Travel around the UK and you will be recorded on CCTV along pretty much every urban street. Go into a shop and you will be recorded on CCTV. Drive along the road and you will be subjected to all manner of electronic surveillance - because, basically, you cant have any expectation of privacy in a public place (***). Despite the idea all people are innocent until proven guilty, the government have decided that Islamic Terrorists are different and the state should be able to imprison them for 42 days before it has to show enough evidence to make a charge, let alone convict. Thank the Lords this has been rejected (for now).

In the UK, religion has always been a minor part of public life and thank Odin, this is still pretty much the case. However, since the Evil Islamic Terrorists appeared, there has been a (so far minor) upsurge in people equating “Christian” with “British.” As such, an attack by Islam on Christianity is being sold as an attack on our fundamental “Britishness” to the point at which the tabloids and tacky local TV have people talking in all seriousness about how the United Kingdom is a “Christian nation” and “Britain was founded by Christians for Christians” - obviously these historically challenged dullards are watching too much American propaganda but that is another issue.

This is the non-religious, freedom loving, civilisation that is so threatened by Islamic terrorists. Hmm. Osama would love it here. Ironically, even our recent fear-inspired legislation wasn’t quite enough to smash western civilisation.

Trumping an army of Osama Bin Ladens, when it comes to smashing down western civilisation the real master is simple free market economics.

It is a sad state of affairs that we can pass laws regulating every aspect of your private life, but even in the face of an economic melt down the thought of regulating “The City” is beyond the pale. City traders can, effectively, lose millions of other peoples money with not even a hint of censure - still getting huge bonuses on the eve of begging the taxpayer for a fortune to cover their losses. The crazy irony of this sees us giving them money so they can give it back to us and tell us it is our own savings… Despite their monumental failings, and complete lack of anything resembling expertise, the banking sector still claims it “knows what it is doing” and should be allowed to function unregulated. Can you imagine catching a con-artist stealing your money, then giving them more money because they know how best to get your money back!!! Insane is an understatement.

The collapse of Iceland’s banks, and their governments apparent refusal to honour international agreements, has caused huge damage to the UK economy - on greater scale than any caused by terrorist attacks (if you ignore the cost of ensuing wars). If I deprived my next door neighbour of £100 I would expect to be arrested and probably jailed, however it seems if you add a few extra zeros everyone forgets about it. Iceland basically have held a gun to the governments head and taken our money. Wars have been fought over much, much less.

In an amazingly scary example of economic understanding, the Conservative shadow Chancellor said that the government should reimburse the councils that lost money to Iceland otherwise council tax would have to be increased to cover the loss. This seems sensible until you realise the effect would be to increase the tax burden on everyone to cover the mistakes made by a few. How would that be fair? Is this what we are to expect from a Conservative government?

I agree with the Government that the national banks and banking infrastructure is critical to the well being of the United Kingdom. I also accept the assertion that it is so important, spending £50,000,000,000 to shore up a system broken by greedy, selfish scumbags is in the public interest. I accept that this will mean other aspects of the national infrastructure will suffer and I accept that this is a necessary evil.

What I cant understand is:

  1. How can something so vital to the nation be outside complete government control? More importantly, how can something so vital be so heavily influenced by foreign nations which, when push comes to shove, have national self interest at stake? This really confuses me.
  2. Why is no one being punished for this? The bank failings are either malicious (in which case why don’t we invade a random country like we’ve done in the past) or negligent. Or both. The claim this is just the “market” is nonsense - the city traders claim to be financial wizards but abjectly failed to see this happening - either they are crap or they were played. Either way someone should be held accountable.
  3. Why the **** haven’t we enforced rock solid legislation to control such a critical asset? We’ve spent over £1000 per living person in the UK on them, why aren’t we having any say in them?
  4. How on Earth are the bankers getting away with claiming they “know best” on how to handle the current situation? (See 2) Blatantly they don’t or if they do, they are working against the national interest.
  5. Why are UK public bodies (Police and councils) allowed to invest money in foreign institutions? The quest for an extra percent of interest has meant public money is being sent to a foreign nation. Let me reword that - money paid by UK taxpayers has been given to a foreign country. Rather than invest in the UK economy dozens of UK public bodies chose to throw it down an Icelandic toilet and when they inevitable happened they cry to the government for more money….

I am going to have to stop here. The madness makes me want to scream. If anyone can explain this to me I would be very grateful.

* Apologies to environmentalists, but unless you are willing to pay me not to fly, my choices are limited.

** Sometimes referred to a “Police Community Support Officers” but that implies they are trained members of the law enforcement community, when in reality 75% of them are nothing more than jumped up busy bodies who get to wear a hat.

*** Well, this is true by definition. However there is a “spirit” of the law thing to consider. While you cant realisitically expect to be private walking down the street you can expect the state to not surveil your every movements. While it can be argued that the almost blanket CCTV coverage is not directed against you, the fact remains it is possible for someone to retrospectively search the databases and track your every movement. The fact the surveillance is directed against 65 million people doesn’t stop it being directed.

Popularity: 17% [?]


Popularity: 17% [?]

Tory Leader spins tabloid appeal

Posted on 30th September, 2008 by TW

Well, time for a departure from American politics and a look closer to home.

At the moment the Conservative party are spewing out vast tracts of nonsense, under the guise of a party conference. It does, however, give an insight into how willing to manipulate the voters they are, and how easily manipulated we actually are.

This is a headline news item which has been in papers and on radio bulletins quite a bit under the headline “Tories ‘to help have-a-go heroes’“:

Measures to help the public and police tackle criminals and end the “walk on by society” have been outlined by shadow home secretary Dominic Grieve.
He told the Conservative Party conference that too many people making “genuine attempts to prevent crime” had been arrested or prosecuted.

Erm, no. Not really true. It is, however, the poster child of the tabloid news papers. For decades we have been hearing urban myths about how a “have a go hero” stepped in to save someone and then got prosecuted. Most of the time, these are just that - urban myths. If you investigate the cited examples, the truth is often very different.

The law of the land is not biased against “have a go heroes” but, quite rightly, punishes vigilante gangs and disproportionate use of force.

Sadly, British journalists are shamefully bad at investigating. The BBC even have an example in their article:

Mr Grieve’s comments came after banker Frank McGarahan died following an attack in Norwich. The 45-year-old intervened when he saw two other people being assaulted in the early hours of Sunday morning, but was himself set upon, suffering fatal head injuries. Police have launched a murder inquiry.

Now, is that relevant? No. Mr McGarahan was not prosecuted by the police. The government did not kill him. Unless this is an example of the BBC showing why it is a bad idea to encourage untrained, unskilled people to pile in, there was no reason to bring it up.

If, however, the BBC are similar to the tabloids, the conflation of statements like this is often done to generate misdirection - the public hear the two, and decide that the government shouldn’t have prosecuted people like Mr McGarahan….

Madness. I am saying this a lot lately. We are a society of lunatics. Worryingly, when you think everyone else in the world is insane it normally means……..

Anyway, pushing that to one side. We get more ludicrous waffle from the tories:

Mr Grieve pledged to “take on the health and safety culture” and the legislation which “is holding officers back and making them more risk averse”.

This defies belief.

Health and safety measures are there to protect people. They are there to stop your employer forcing you to risk your life and limb for your job. They are there to make sure that you can function as a working member of society for as long as possible. It has nothing to do with stopping people from being “risk averse” (and here I suspect the Tories demonstrate a lack of understanding as to what “risk” means).

The Conservatives point to examples like the case of 10-year-old Jordan Lyon, who drowned in May 2007 saving his younger sister.
Two community support officers were at the scene but did not get into the water because they had not received the appropriate training.

What should they have done? Should they have died trying to save the 10-year old? (In which case the 10-year old would have died anyway). Do the tories plan to force everyone to risk their lives on a daily basis?

Note, the 10 year old was not risk averse. He took a risk and died. Should two other lives have been added to the tally? If you are family of Jordan Lyon, the likely answer is yes, but if you were a loved one of the community support officer would you have wanted them dead? Whose life is more important?

It gets funnier though:

The Conservatives want to amend Section 2 of the Health and Safety at Work Act 1974 to ensure that protecting the public from risk is given priority over the risk to officers.

Interesting. Police officers will no longer be able to risk the life of the public to protect themselves… There go the tasers, armed police, batons, riot shields etc. When someone tries to jump off a balcony, will police have to throw themselves underneath to break the fall?

Still it is a sad day that the lives of our Police officers is now deemed to be less important the lives of our public. This is doubly sad in the case of the Police Community Support Officers(*) who have no powers, are paid appallingly bad wages but still have to sacrifice their lives.

Going back to the tragic Jordan Lyon case, the officers were untrained in how to save someone. If they had been compelled to dive in without knowing what to do, what are the chances they would have saved him? Why is lifesaving a taught skill that comes with a qualification if everyone can do it automatically?

The sad fact is, the manipulative tories have jumped on this bandwagon to stir up an apathetic public. They have made meaningless gestures but grabbed headlines. The tabloids love them and to uncritical thought it sounds great.

Dont you just hate politicians?

It isnt just the tories who are prone to such underhand statements:

But the government said its was already working on the issues the Conservatives had raised, including changes to the law, so people using “reasonable force” to protect themselves could have “greater confidence” they would not be prosecuted.

Political vapourware at its best. This basically says: they are not currently going to be prosecuted but the tabloids and tories make them think they are so we will change a meaningless part of the law so everyone feels better. Argh.

Given the lies of the tories, the emptiness of the Labour party and the pointlessness of the Liberal Democrats is it any wonder voters are apathetic?

(*) I detest the very concept of PCSOs. It strikes me as a nasty way of getting policing on the cheap, while allowing under-trained, under-educated thugs out on to the street with a false idea of their own authority. Spend more money on getting real police out. That would save 99% of the problems with PCSOs. IMHO of course…. :-D

Popularity: 17% [?]


Popularity: 17% [?]

Costume drama

Posted on 14th September, 2008 by Heather

A policemen got removed from his job because he dressed in a carnival costume. This seems pretty incomprehensible on the face of it. His offence was that he wore an “Osama bin Laden” costume to a village (population: very few) carnival in Cornwall.

Before I go any further with this, it’s clear that the job that he was removed from would count as most people’s definition of “no loss”. In fact most people would sell their homes and families NOT to take the job. He was on secondment to the Foreign Office in Afghanistan. So I shouldn’t think he’s that distressed by this.

The bizarre things about this story are:

  • A costume worn in a village carnival might just about make the local press - if there was a local newspaper, and there isn’t for anything on a lesser scale than half a county, as far as I can googlit. How the fuck did this story end up on the BBC news site and in every UK newspaper?
  • After dedicated googling, it seems that the “disrespect” that Colin Terry has been accused of showing was not disrepect towards Osama bin Laden - which was a pretty baffling concept - but to the victims of 9/11, according tothe Times.
  • Taking that to mean the surviving victims and the families of the dead, do they routinely follow Cornish village news? How do they find it? I can’t even find a local newspaper for that area, online.
  • Has their grief been expressed in such bizarre activities as searching the web for any fancy-dress items that might mock Al Qaeda? In that case, I think I can find a few costume shops within a couple of miles of my house that they may need to know about.
  • What about the supposed impact on the man’s job in Afghanistan? Given that Danish language cartoons seem to be the must-have media in the most undeveloped Islamic countries, could it be that the ungooglable Cornish village newspapers are being read avidly in Al Qaeda mountain strongholds? Might Osama bin Laden have taken offence at an ungraceful bit of carnival capering by someone dressed as a comic-book version of him and told the mujahideen to step up their attacks on British troops? (Don’t answer that. It was a rhetorical question.)

In other words, how did this become a news item?

For the policeman, the loss of the secondment to Afghanistan must surely be a blessing in carnival disguise. (If he’d had any sense, he would have phoned a complaint in himself. But then, who could have predicted this as a major national news item?) But why is he facing investigation by the Police Complaints Commission? Don’t they have enough real police misbehaviour to deal with?

Popularity: 13% [?]


Popularity: 13% [?]

No Photo Day 2008

Posted on 24th June, 2008 by TW

Following my posting yesterday (although I doubt the two are linked), I received a message on flickr today, inviting me to join a group (No Photographs Day / 15.DEC.2008) that read:

All,
We, the photographers of the world, are at risk. More and more we are viewed with suspicion, more and more we are subject to illegal interpretations of new anti-terrorism laws, more and more are we stopped and our cameras, our film, our digital media are either confiscated or wiped by officials unaware of the real laws. More and more are we bullied, more and more are we treated with disrespect and fear.
This needs to stop.
This group is to organize a protest.
This protest will involve attempting to get *every* member of flickr to refrain from uploading *any photographs* on a specific day.
This day will be Monday, December 15th 2008.
Join the group, put it in your diaries, tell your friends, discuss in the group, tell people you know in the media, come together.
Come together before it’s illegal to use a camera in a public place.

Now, I am not yet convinced of the value this action will take, but I rarely see the point in “awareness raising” activities so that is not unusual. However, the group does address something I have begun to become interested in (which is why I have “raised awareness” of it through the medium of blog).

Added to this, it (worryingly) seems there are many groups of people who have had problems in one way or another because of their interest in photography:

Representative or not, it is a sorry state of affairs if people in the “free” civilized societies in the west can not carry out a harmless pastime that has been enjoyed for a hundred years. Wont life be better when we carry our papers round, are stopped at random by non-Police Security / Border Guards, are monitored 24/7, have all our emails sifted through by civil servants, be imprisoned for drawings …

Welcome to the New World Order.

Popularity: 37% [?]


Popularity: 37% [?]

Rights fading away

Posted on 23rd June, 2008 by TW

If you hadn’t already noticed, I am a keen hobbyist photographer. I love going out with my family and taking pictures of everything around me. This is pretty harmless and it gives us nice pictures to hang on the walls or foist off on relatives in place of Christmas and Birthday presents. As a pastime, there could be much worse.

Being interested in photography, I always considered myself lucky that I was born in a democracy where people are basically free to indulge in their hobbies and predominantly interested in landscape photography where you dont have to ask someone to smile.

It seems, however, I was actually quite wrong and it is only my tendency for landscape shots that keeps me on the right side of the law. Despite our “evil freedoms” being abhorrent to the nutcases like Usama Bin Laden, we actually have a lot less than you would think. Actually, that isn’t true (yet) but I will come back to this.

Two news items from this weeks Amateur Photographer magazine give pause for thought about our “rights” and freedoms. The first is a worrying incident in the land of the free:

A TV crew filming a story about photographers being harassed at a US railway station were stopped by security and told to switch off their cameras. (…) Tom Fitzgerald, a reporter for Fox 5 television, was interviewing the chief spokesman for rail operator Amtrak when a security guard ordered the crew to stop filming. Ironically, the spokesman had apparently just confirmed to the reporter that photography was, in fact, allowed.

It continues to mention that this is not an isolated incident (flickr discussion) and the madness that “moves are afoot to introduce draft legislation designed to protect the rights of photographers to take pictures.”

It is doubly ironic that they tried to put paid to the film crew filming the company spokesman saying filming was allowed. What better example of corporate non-communication could there be?

The Amtrak Goons are insane, but are not alone. We have a similar problem in the UK:

Olympics 2012 bosses have apologised to photographers who complained about heavy-handed treatment by security guards at the East London construction site. The Olympic Delivery Authority (ODA) came under fire after two amateur photographers complained following a confrontation outside the site on 3 May. Louis Berk and Steve Kessel say they were left feeling intimidated after guards demanded to see their identification. ODA spokeswoman Laura Voyle said the guards approached the photographers ‘to investigate a report that they had been seen within the Olympic Park boundary’. However, the pair insisted they had been on a ‘public pavement’ and had not ventured onto the Olympic site itself. (…) And [Olympics Security Manager] promised to conduct a ‘review of instructions on how they will deal with issues relating to photography’.  (…) However, [Louis Berk] does not feel reassured, telling us: ‘What concerns me is that I still don’t know if the ODA realises that suspicion of taking photographs of their property from a ‘public place’ is not a cause for intervention by the guard force.’

There is more madness around the 2012 London Olympics but this highlights the current problem.

In a nutshell, both instances were the result of private Security Guards not being aware of the rules regarding their location. This is down to poor education by their employer. In the UK you can photograph almost anything (some locations are exempt under the 1911 Official Secrets Act) from a public place. If you can see it, you can photograph it. Kind of makes sense really. It is different if you are on private property, but 90% of the time the property owner will give permission. Again, it makes sense. I can only assume the law is similar in America.

What is worrying is that both instances show people have a default setting of STOPPING photography. I will be charitable and say neither organisation put out instructions to annoy members of the public (including tax payers who paid for the bloody Olympic-farce) so the security guards must have assumed the camera was a security threat. Over the last few months there have been lots of occasions where over zealous guardians have taken offence at people trying to take photographs, even in (weirdly) popular tourist destinations like Trafalgar Square. I have read claims that people were questioned because they could be “terrorists doing reconnaissance” (with an overt camera and tripod - good job Johnny Foreigner isn’t clever enough to use a mobile phone camera…) or other equally spurious risks (there were children present etc..).

The problem is, these fears (and certainly this one in particular) are nonsense. Bruce Schneier, BT’s chief security technology officer, recently wrote an excellent article for the Guardian where he dismisses most of these fears. The article is really, really worth reading even if you aren’t a photographer - there are many more “freedoms” at risk from our apathetic approach to them and “terrorism.” Schneier has an interesting theory that this madness where we fear long-lens cameras is because it is a “Movie Plot Threat.” Also worth reading.

Sadly, it may well be too little, too late for our society. We fear that the evil Islamic terrorists will destroy our culture, so to “beat” them we destroy it ourselves. Well done us.

Popularity: 49% [?]


Popularity: 49% [?]

Make the trains run on time?

Posted on 27th April, 2008 by Heather

It was a scenario that would have seemed like overkill in an Eastern European border post at the height of the Cold War. At least a dozen uniformed British Transport Police with dogs and backup vehicles in the average-sized mainline trainstation of an insignificant UK provincial city, at tea-time on a Sunday evening.

Doing stop and searches, apparently based on the hunches of the afore-mentioned sniffer dogs. Which apparently were experts in the fine old canine arts of sniffing out “drugs” or people who “look a bit Brazilian Muslim.”

I listened to one father challenging a Transport policewoman about the fact that his teenage son’s details - name, address, date of birth, etc - had been collected to go in a database. …. Despite a search of all the lad’s pockets, socks and so on, not having turned up an aspirin, a knife, a gun or a handy pocket-sized stick of semtex.

The father pointed out that any other time the lad is stopped, the information that pops up will record him as the subject of a drugs/weapons/terror search. Thus setting him off on a path that leads to an identification as somehow having warranted this suspicion.

The policewoman said words to the effect that it was just tough. That’s just the way things are. And no, there was nothing he could do about it. The database entry stands. All the details collected from such stops go into the database of information on - well - close to everybody that they can get information from .

Blimey, I didn’t even realise that British Transport Police had rights of random stop and search. Let alone rights to gather information on people’s names addresses and travel plans. Oh, yes, RIPA. D’oh. It’s probably only an oversight that they didn’t demand DNA.

I am so innocent. Who would have thought that a teenager buying a train ticket, with his parents, could probably be an international drug dealer or a suicide bomber? Well, better to be safe than sorry. Silly me.

A huge policeman came to physically back up the policewoman, in case the father might actually raise his voice, cuss or commit some other subversive act.

At this point, I could see a potential for nothing good to come of it for anyone who wasn’t in uniform, so I sidled off in a cowardly manner…….

Popularity: 44% [?]


Popularity: 44% [?]

Blind Faith

Posted on 19th September, 2007 by TW

The tragedy of missing Madeleine McCann seems no closer to ending than it did three months ago. During this time the media personification of the parents has alternated between saint and sinner - sometimes seemingly at random. For the most of it, in Portugal, the McCann parents have been looked at as (at best) negligent parents while (again, for most of the time) in the UK the middle class, white, professional, religious status of the parents has ensured they have been seen as saints who are undergoing a terrible ordeal. This changed recently, when for a short period the tabloids smelt more blood and in the wonderful manner of the press changed allegiances, barely stopping short of calling for their execution (mentioned previously). Given the natural order of the universe, the “truth” probably lies somewhere between the two extremes and I certainly have my own personal opinion. I should stress at this stage that my opinion is based on nothing other than gut feeling and the information made available by the press, so I have no intention of going into detail about it.

Before I go on, I would also like to point out that one of the main search terms which is driving traffic here recently is a variation on the words “Kate McCann Guilty Violent Murderer.” Given that this is generating a LOT of traffic, I can only guess at public opinion on the matter.

I digress. Risking eternal disfavour by the Great Antero Vipunen, I actually read the Sun newspaper today. I know. I am sorry. I will try not to do it again. In it, good old Archbishop John Sentamu writes a piece titled: We Must Have Faith For Maddie

Despite the overt religious tones in which the the piece is written, this is a largely secular humanist bit of writing with the basic theme being that the presumption of innocence is the bedrock of the legal system. For example, he relates this parable:

In 359AD a trial took place where a local governor, Numerius of Narbonne, was accused of raiding his own coffers. There was little proof but that didn’t stop the whispers and accusations. Still, the prosecutor was convinced the governor was guilty and said as much to the judge, the Roman Emperor Julian. At his trial, the governor denied the charges and the case was due to be dismissed.

The prosecutor was furious: “Oh, illustrious Caesar,” he raged, “If it is sufficient to deny, what hereafter will become of the guilty?” Emperor Julian’s response has been repeated in countless trials for the past 1600 years: “If it suffices to accuse, what then will become of the innocent?”

And, for once, I find my self in total agreement with the Archbishop of York. Scary.

Sadly, despite the valid comments the Archbish makes and the fact the Sun newspaper of all papers prints it, there are a few things which still make me uncomfortable about it. I agree whole heartedly that as a society we should reinforce the automatic presumption of innocence.

Now, with this in mind, have a flick through the Sun news paper (or any media output over the last, say, day) and see how many examples there are where a person accused of a crime is assumed to be guilty. It is a regular occurrence. Take poor Robert Murat for example - due to his past he was largely assumed to be guilty of anything people wanted to accuse him of. He had no support from the various churches, he had no support from rich idiots. He had to defend himself against the court of public opinion.

Not so for the McCann parents. The cynic in me is screaming this is entirely down to their perceived image as “successful” white professionals - anything which implies this part of our society can harbour evil seems to damage the national psyche. In the same edition of the Sun which calls for the return of innocent until proven guilty, OJ Simpson is pretty much called a murderer several times. Is this hypocrisy?

Anyway, enough ranting about this obvious state of the world. Dr Sentamu concludes his article with something that produced mixed emotions:

Our focus must again be upon the love of the parents for their lost daughter, for their hope that they may one day be reunited with her and for their faith that she is still alive.

These must be our watchwords — faith, hope and love. For as St Paul once wrote, in the end it is these three which remain: Faith, hope and love. But the greatest of these is love.

Wonderful words, and I too hope she is alive and unharmed. The adult in me is aware that this hope is pretty much doomed to be dashed against the rocks of reality, but I would like it to be so.

Sadly, and again this is cynic in me now, the plight of poor Maddie has shown that despite all the prayer in the world (and the wishes of his representative on Earth, the Pope), the Christian deity will not intervene to save even one life, nor will s/he take action to return a lost child to an apparently grieving family. From this I can only draw one of three conclusions:

  1. God exists but is evil or totally uninterested in the human race, with no intention to get involved in any of our affairs.
  2. God hates Christians.
  3. There is no God.

It is up to you which option you go for, but I know which one I think is true…

[tags]McCann, Madeleine, Kate, Kate McCann, Maddie McCann, Sentamu, Archbishop of York, Society, Law, Rights, Liberties, Philosophy, Robert Murat, Gerry McCann, The Sun, Tabloids, Media, UK, Culture, Civil Rights, Trial, Crime, Murder, Dr John Sentamu, Church of England, Catholics, CofE, Roman Catholic, Pope, Portugal, Police, Atheism, Humanism, Faith, Hope[/tags]

Popularity: 91% [?]


Popularity: 91% [?]

The Law According to the Tabloids

Posted on 7th September, 2007 by TW

Now my enforced hiatus is over, it is time for me to rant a bit about some of the borderline insane things the UK media has been getting up to during the traditionally quiet months at the end of summer. (What summer?)

Unusually, I think I am going to try and be a bit tactful about this and I really don’t want people to get the wrong impression here. Before I go on, I can not imagine the trauma and heartache that the McCann family are going through right now but I am going to use them as an example of the amazing double standards that the tabloid press can hold themselves to. This is in no way meant to imply that I think the McCanns are guilty of any crime.

Over the summer, the tabloid press (especially the Daily Express and the Sun newspapers) have been clamouring about how our (UK) society is going down the pan and coming up with such “common sense” solutions as harsher sentences, more police powers etc. Generally speaking anyone even suspected of a crime which makes it to the press is assumed to be guilty, and if a court finds differently there is outrage about how we need stronger laws etc. (For an example, see the nonsense that a terminally bad singer has been spewing out in the Sun (and alun’s excellent comment))

Almost daily we hear from a distraught relative about how the accused is actually guilty and anything which seems to say otherwise is just flawed. Opinion pages and talking heads on the TV go on about how our “human rights act” means the suspects are treated too lightly and this is preventing the police getting convictions. The trial by media is almost total and almost totally ignores the actual progress of the case or the final verdict. It goes as far as the farcical comment that if they are doing things which aren’t crimes it just means we don’t have strong enough laws… It is, in short, madness.

Stepping into this world of chaos, vitriol and bile we have the poor oppressed McCann family. After months of tabloid coverage showing the distraught family on their world tour to raise awareness of their lost daughter, and months of UK tabloid coverage saying how bad the Portuguese police are (largely because they don’t tell the press every single thing they do, but that is a rant for another day), recently there has been a slight change of events. Slowly the Portuguese press started to consider that the parents may have been involved in the death of the child.

Under normal circumstances this would have been the first line of investigation and, sadly, most child killers are family members (feel free to Google the UK Home Office statistics if you don’t believe me). In most serious crime cases, police officers being police officers, family members are the first to be suspected — especially in cases where there is no obvious signs of forced entry or violent struggle.

Now, slight sideline, there have been lots and lots of murders and abductions in the time since Madeleine McCann went missing. Can any one name any of them? If you search through the news footnotes (mostly local news items), the family are invariably picked as suspects and hammered by the investigators. Although not 100% relevant this is a snapshot from recent news here, here, here and here - all examples of relatives being found guilty of the torture and death of a child. If anything, it is pretty amazing to me that the McCann’s were not brought in by the police and interrogated for hour after hour to find out what happened. Part of me feels that the media circus which sprung up around the case almost from the onset caused this…

Anyway, eventually the Portuguese police have followed on from the media claims and begun to investigate the possibility that one or both of Madeleine’s parents may have been involved. It strikes me that if this was any other case this would be normal and perfectly acceptable. However this is not any old case, it is the McCann case… This means that the papers which print speculation that the McCann’s may be guilty get taken to court for libel (this must be making more than a few UK paper editors worry) and the UK news is now filled with tearful footage about how cruel the police are to even begin to suspect either parent. Even the BBC (which is now pretty much a tabloid as far as “news” goes) seems to be falling in step with the common idea that the McCann’s are saints who would never hurt a fly. Call me cynical but comments like this don’t make me feel the person must be innocent :

“They made a series of ridiculous allegations. Kate is a loving and caring mother who sincerely believes her daughter is still alive. She was absolutely horrified. Kate is a lovely mother to her children, she’d never hurt them. Anyone who knows Kate would say that to make an allegation of this kind about her is absolutely ridiculous.” (Family spokesperson Justine McGuiness)

Leaving aside the “Family Spokesperson” aspect, what criminal (this does not imply I think Kate McCann is a criminal) wouldn’t have a statement like this? Can you imagine the prelims to a murder trial where the defence spokesperson says “my client is a murderous scumbag who hates everyone and loves to kill people”? Does the family spokesperson really think this will sway the police? Obviously, yes is the answer to that - or there is a sinister undercurrent and the spokesperson is actually getting ready for a criminal trial but that is a route I wont go down for now, I will hold to good faith and assume Kate McCann is innocent.

The important part is the media reaction to all this. The local news and radio stations (sadly, I cant find any links at the moment) have been hammering on today about how cruel it is to interview Kate McCann, how ELEVEN hours in questioning is a monstrously long time and so on. On breakfast TV, I watched a reporter go on about what an ordeal Mrs McCann had undergone and the comparisons with the much fairer, reasonable English justice system.

This is mind boggling. Compare the compassion and feeling being poured out towards Mrs McCann with the vitriol and hatred thrown against people like the early suspect (Robert Murat) who was pretty much found guilty during the Trial by Media. Compare this with the demands for harsher laws, tougher police powers to question suspects and the like - all being touted by the same tabloids who are now saying how 11 hours is a long time to be questioned. Imagine how “tired and distraught” a terrorist suspect must feel after 28 days of police questioning. Ironically newspapers cry out how cruel it is to suspect Kate McCann, ignoring the speed with which they demanded the conviction of Mr Murat — not to mention the furore around any other suspect unfortunate enough to make the news pages. As always, the Sun Newspaper (in the loosest sense of the word) is truly blind to the irony and has the following “sun says” editorial comment:

PLODDING Portuguese police have not covered themselves in glory over their probe into the disappearance of four-year-old Madeleine McCann.

For over four months her devoted parents Kate and Gerry have done everything in their power to help detectives find the missing girl.

But while cops have refused to give any public details about their investigation, the Portuguese media is now awash with rumours and innuendo leaked by police sources.

Yesterday, bungling police called Maddie’s tragic mum, Kate, in for yet another agonising grilling.

If this is just another fishing expedition, they should be thoroughly ashamed of themselves.

Hasn’t she suffered enough?

It is almost enough to make you want to vomit.

[tags]Madeleine McCann, Kate McCann, McCann, Police, Portugal, Portuguese, Media, Tabloids, Society, Culture, Philosophy, Rant, Law, Justice, Murder, Crime[/tags]

Popularity: 45% [?]


Popularity: 45% [?]

Terrorism and Fear vs Rights

Posted on 25th July, 2007 by TW

Sadly, the annoyingly named, pot smoking, Jacqui Smith has been sounding off about the need to detain innocent people for longer periods of time.

As always, the BBC remains an excellent source of the worrying statements made by politicians, reporting:

“The time is now right” to reconsider extending detention without charge beyond the current 28 days limit, Home Secretary Jacqui Smith has said.

The article continues to discuss how she feels that the complexity of modern terrorist plots means the police need longer than 28 days to detain and question a suspect before they charge him or her. Worryingly, this seems to be garnering general public support and it has all the hall marks of the “reasonable” sounding claims I detest with a passion.

On the face of it, detaining terrorists for indefinite periods of time seems like a good idea - it is one of those things which make it difficult for people to argue against, I mean who wants to support terrorists? The same argument is used over a variety of crimes and it is almost always false.

Basically, the problem is that these are innocent people. The bedrock of western laws is that a person’s liberty can only be taken away from them under certain situations. Most of the time, the only way for this to happen is after a court of law finds the person guilty of certain offences. The primary exception to this is people who are charged with a grave offence and may prove to be a flight risk or a continued threat to the public, at which point they may be refused bail.

The current terror legislation (in that it is a law based on terror, rather than the principles of law or good governance) allows some one to be detained by the police for 28 days without any form of charge, nor is a formal charge required when the 28 day period runs out. It is unique in this respect, I can not for one second imagine someone being detained for 28 days while they were being investigated for vandalism…

In a nutshell, this means that someone without being charged of any crime can have their liberty taken away from them for a month. I am sure the police forces of the UK are (currently) professional enough to have some standard of evidence required before they enact this detention, but the fact remains this is something wide open to abuse. It takes no stretch of the imagination to see how this can be misused - especially as there is no censure, nor public oversight, over the police actions. They are not punished if they detain some one wrongly (accidentally or deliberately) and the innocent person wrongly imprisoned receives no restitution for their suffering.

Is this the way people envisage a western democracy treating its citizens?

The terrorists, who want to destroy what they see as a decadent society, seem to be winning and we are slowly becoming a police state in the manner of the Middle Eastern dictatorships we used to condemn.

As always, the irrational fear of terrorists seems to cloud people’s reasoning when it comes to detaining them - the old refrain about the public’s “right to life” being more important than the suspect’s “right to liberty” is the most common. It is also complete nonsense and draws an ad absurdum over itself like a cloak. The fear of a terrorist killing lots of people is used as the argument behind excessive pre-charge detention, however Harold Shipman killed more people than any terrorist in the UK and we do not detain Doctors for 28 days without charge on the off-chance they may be mass murderers.

Sadly, the main victims of this legislation are minority groups so the will of the masses overwhelms any complaints they may make. Oddly (although not odd for anyone who has thought about this rationally), the main effect of this legislation will be to further alienate and isolate a vulnerable group of people. The extremist rabble-rousers must be overjoyed at the thought of disgruntled Islamic youths who feel like the state is oppressing them unjustly.

As well as the potential deaths a terrorist could cause, another “reason” often cited for excessive detention is “the complexity” of a terrorist investigation. This is reasonable and actually has my full support, although I think that if the Home Secretary agrees that complex investigations should allow the police to detain suspects for long periods before charge, this should be applied across the board.

Complex criminal investigations are widespread in the modern society we live in. With the exception of terrorism the suspect remain free until a charge can be made though - some recent examples are footballers suspected of fraud, the Members of Parliament suspected in the “Cash for Honours” fiasco, companies suspected of financial crimes and the like. In not one of these cases was a suspect detained (without charge) for more than 24 hours - even though the investigations lasted months or years. Obviously the police are more than able to investigate people who are not sitting in the cells - even very rich people (all of the above) who are a real flight risk.

Ah, I hear the right wing cry out that these are “fraud” cases where no one will die as a result. Ok, that seems reasonable - although if someone loses their lives savings thanks to financial fraud and is left penniless at the age of 60, I suspect they will die a lot sooner than if they had their money. What about complex cases involving health and safety legislation or corporate manslaughter? What about the cases of human traffickers (or any organised crime)? There is a multitude of incredibly complex cases, in which the investigations last years, where the police are not allowed to detain a suspect without charge for 28 days (or more).

What makes a terrorism suspect any different from a CEO who’s corporate negligence has allowed 50 people to die?

As a parting shot, I will return to the BBC’s article and Miss Smith’s comments:

In recent operations … six people were held for 27-28 days and three of those were charged.

A fifty percent success rate does not fill me with confidence.

[tags]Terror, Terrorism, Law, Legislation, Jacqui Smith, UK, Civil Rights, News, Fear, Civil Liberties, Society, Culture, Police, Arrests, Islam, Minorities, Crime, Home Secretary, BBC, Corporate Crime, Logical Fallacy, Ad Absurdum, Reductio Ad Absurdum, Logical Fallacies[/tags]

Popularity: 50% [?]


Popularity: 50% [?]