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East Timor court drops premier's libel case against media
Topics in Legal News |
2017/06/01 23:39
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An East Timor court on Thursday dismissed a criminal defamation case brought by the country's prime minister against two journalists due to lack of evidence.
Rights groups and press advocates had urged that the case be dropped, fearing it would further undermine press freedom in one of the world's youngest democracies.
Accused journalist Raimundo Oki said there was "big applause" when Dili District Court judge Patrocino Antonino Goncalves issued his ruling. The trial was observed by the International Federation of Journalists, USAID and other groups.
"I am happy with the final decision because since the beginning I have always believed that the judge will do his job freely and independently," Oki said.
Oki and his former editor at the Timor Post, Lourenco Vicente Martins, would have faced up to three years in prison if found guilty of slanderous denunciation.
The defamation accusation stemmed from an error in a story published two years ago about Prime Minister Rui Aria de Araujo's involvement in a state contract for information technology services when he was an adviser to East Timor's finance minister in 2014.
The story, which said Araujo had recommended a particular company for the contract before bids opened, misidentified that company as the eventual winner of the contract.
The newspaper apologized for that error, published a front-page story on Araujo's denial and Martins resigned. But Araujo has insisted on prosecuting. East Timor's fragile press freedom has come under attack with the passing of a restrictive media law in 2014 that can be used to stifle investigative journalism.
A former colony of Portugal, it was occupied by Indonesia for a quarter century until a U.N.-sponsored independence referendum in 1999 sparked violent reprisals by the Indonesian military that killed many and destroyed its economy. |
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Finnish court releases Iraqi twins in IS-related killings
Attorney News |
2017/05/25 09:01
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A Finnish court has thrown out charges against Iraqi twin brothers of taking part in Islamic State-related killings of at least 11 unarmed soldiers.
The Pirkanmaa District Court says the two who were not identified, were set free on Wednesday.
The court in Tampere, southern Finland, said the evidence against them was too weak. It included testimonies from other asylum-seekers, a video footage of the massacre by IS militants and information from an Iraqi investigative commission.
State prosecutors had demanded life sentences and claimed the brothers took part in atrocities committed by IS militants at a military base outside Tikrit in June 2014 when some 1,700 Iraqi army soldiers were slain.
The brothers arrived in Finland in September 2015 and were arrested three months later.
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Court of Appeals Judge Elmore won't seek re-election
Court Watch |
2017/05/25 09:01
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A North Carolina appeals court judge said Wednesday he won't run again when his seat comes up for re-election next year.
Judge Rick Elmore has served since 2003. The former private practice lawyer from Greensboro was re-elected to a second eight-year term in 2010.
In an interview, Elmore said he'll be satisfied serving two full terms on the state's intermediate-level appeals court when comparing it to the uncertainty of any outcome if he was to run another statewide campaign in 2018. Elmore, 66, also would have been unable to serve another full term due to the state's mandatory retirement age for judges at 72.
Leaving after this term expires "seemed to be a good fit," Elmore said, adding that he wanted to "leave on my own terms."
Elmore said he wanted to make the announcement before state political parties gather this year. Elmore is a registered Republican. A law approved last December makes Court of Appeals races officially partisan elections again, with party primaries.
Elmore said his decision had nothing to do with legislation approved in March by the General Assembly to reduce the number of Court of Appeals judges from 15 to 12 by eliminating positions vacated by resignation or death. Democratic Gov. Roy Cooper vetoed the measure, but the veto was overridden.
The appeals court usually meets in panels of three judges. The court is the final arbiter in state court matters except for cases heard by the state Supreme Court.
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Playboy model who shot nude of unwitting woman due in court
Attorney News |
2017/05/24 09:01
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A Playboy centerfold who ignited a backlash of criticism when she secretly snapped a photo of a naked 71-year-old woman in a locker room and posted it online mocking the woman's body is expected to appear in court Wednesday to resolve a criminal charge.
Dani Mathers is planning to show up at a hearing in Los Angeles County Superior Court on a misdemeanor charge of invasion of privacy, her lawyer said.
Mathers, 30, has apologized for taking the photo at an LA Fitness club in July and posting it on Snapchat with the caption: "If I can't unsee this then you can't either."
The posting was accompanied by a selfie of Mathers in a tank top with her hand over her mouth as if she's gasping in horror.
The 2015 Playmate of the Year was roundly criticized for the so-called body shaming incident. Mathers said she intended to send the photo privately to a friend and accidentally posted it publicly.
Defense lawyer Dana Cole argued unsuccessfully that the charge should be dismissed because the woman in the photo can't easily be identified.
The victim, who has not been named, is expected to testify if the case goes to trial, said Rob Wilcox, a spokesman for the Los Angeles city attorney.
Cole said he's hoping to work out a settlement Wednesday. He said prosecutors want a guilty plea and community service on a highway crew. Wilcox said no plea deal has been offered.
Deputy City Attorney Chadd Kim did not return phone and email messages seeking comment, but in court papers said Mathers had shown no remorse and needed to face consequences for her "cruel and criminal act."
The defense has argued for a more lenient outcome, saying in court papers that Mathers has already lost modeling work and a job as a radio host. They have recommended she use her notoriety to bring attention to the issue of body shaming. |
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U.S. high court ruling deals blow to patent trolls
Attorney News |
2017/05/23 09:01
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The Supreme Court is making it easier for companies to defend themselves against patent infringement lawsuits.
The justices ruled unanimously on Monday that such lawsuits can be filed only in states where defendants are incorporated. The issue is important to many companies that complained about patent owners choosing more favorable courts in other parts of the country to file lawsuits.
The case involved an appeal from TC Heartland, an Indiana-based food sweetener company sued by Kraft Foods in Delaware. Lower courts refused to transfer the case to Indiana.
But the Supreme Court’s ruling will have the biggest impact on federal courts in eastern Texas, where more than 40 percent of patent lawsuits are now filed. Local rules there favor quick trials and juries tend to be more sympathetic to plaintiffs.
The ruling will have a major effect on lawsuits from so-called patent trolls — companies that buy up patents and force businesses to pay license fees or face expensive litigation. Many of those cases now may have a tougher time getting to trial or result in jury verdicts that are less generous.
Companies including eBay, Kickstarter and online crafts site Etsy had urged the high court to restrict where such cases can be filed, saying they have been sued repeatedly in courts hundreds or thousands of miles away from corporate headquarters. Even Texas Attorney General Scott Keller led a coalition of 17 states calling for an end to so-called “forum shopping” in patent cases.
Groups representing inventors and patent owners said new restrictions would place burdens on patent holders and encourage infringing behavior and piracy. |
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