Author: Admin

Wednesday, March 11, 2009

In Saskatoon, Saskatchewan, Canada, the jury is deliberating in the case of Curt Dagenais, charged in the July 2006 shooting deaths of two Saskatchewan RCMP officers. Justice Gerald Allbright, in his instructions to the sequestered jury, has advised the jurors that they may consider the charges of second-degree murder, manslaughter or discharging a firearm with intent to wound or endanger life, but not the charge of first-degree murder the Crown has sought.

Dagenais has entered a plea of not guilty by reason of self defense. He is charged with two counts first degree murder and one count of attempted murder in the Spiritwood Incident.

Constable Michelle Knopp survived the shoot-out which erupted after a high speed chase ended about 30 kilometers (19 miles) from Spiritwood, Saskatchewan near Mildred. Constables Marc Bourdages and Robin Cameron died about one week following the shoot out which occurred July 7, 2006.

Defense lawyer Bill Roe argued self defense for Dagenais, saying he shot “in a blind panic” when RCMP officers fired upon him.

Crown prosecutor Al Johnston asserted that Dagenais shot first. Johnston asserted that Dagenais cannot be believed, that his story is presented so he can get away with murder.

The incident began with a dispute within the Dagenais family. The defendant supported his father Arthur Dagenais, and his sister supported the mother Elise Dagenais, during a divorce; his mother was to receive half the family farm from the divorce which she had previously allocated to Dagenais. Dagenais tried to speak to his mother, but the sister intervened.

Dagenais reported going to the local RCMP detachment and spoke with Constable Cameron. Constable Knopp informed Dagenais that the RCMP could not be involved in a family affair.

After Dagenais’ sister and mother went to the police, the three constables went to charge Dagenais with assault.

This is where the stories from the RCMP and Dagenais diverge. Dagenais claims that Cameron made the intial approach to arrest him and smashed his truck window, at which point Dagenais became scared and sped away from the situation. The RCMP state that Dagenais started to drive away from the situation which meant that Cameron was hit by the truck’s rear view mirror. Cameron retaliated by breaking the window. Officers Cameron and Bourdages followed the departing Dagenais in a police truck; Knopp followed in a SUV.

During the chase police sideswiped Dagenais’ truck. The RCMP say that Dagenais was unpredictable and that he had rammed their vehicle. The RCMP tried prevent Dagenais from reaching his father’s farm house fearing that there were firearms there.

There is a difference in accounts of the chase and gun battle. Dagenais claims the RCMP fired upon him first, and he fired back in self defence fearing for his life.

The chase ended after RCMP rammed into the side of Dagenais’ stopped truck. Because Dagenais was already stopped, according to collision reconstruction expert, there was time for Dagenais to shoot at the RCMP truck. A firearm expert studying trajectories of the bullets found that one of the rounds fired from Daganais’ .30-30 Winchester entered the police vehicle at a different angle than other shots fired at the truck after the collision.

Dagenais has also reported holes in his truck door.

Dagenais claims when he heard the second vehicle drive up, there was more gun fire so he returned shots himself.

Knopp testifed that she arrived at the scene in the second vehicle her ear was struck by a fragment from bullet fire. She said when she arrived Daganais fired first and that Bourdages and Cameron were already badly wounded.

Firearms experts established that Dagenais fired eight times, and the RCMP six times during the gunfight.

During the trial evidence was presented that Dagenais had previously been assaulted by police. The RCMP had identified Daganais as a police hater. There had been previous altercations between the RCMP, Daganais and his father. Dagenais had filed prior lawsuits against the RCMP.

Following the incident, Dagenias fled the scene hiding in the woods of the countryside. 200 RCMP engaged in a massive manhunt. Dagenais turned himself in July 18, 2006.

The audio from the RCMP radio was submitted as evidence, and the dispatcher had opened all the channels associated with the Shellbrook area. There is no reporting of gunfire recorded on the audio.

There was no videotape in the onboard video camera installed in Knopp’s SUV when evidence was gathered two days following the shooting. A photograph of three VHS tapes in Knopp’s vehicle has been presented. Constable Kenneth Palen after viewing a tape, testified he was instructed not to keep the videotape found on the passenger seat of the SUV and it was destroyed in the garbage.

Friday, November 20, 2009

On Thursday, ten of those on board British Airways Flight 38 launched a case against Boeing over the accident before a court in Illinois. They are suing over an alleged flawed design that allowed an ice buildup to bring the 777 jet down at London’s Heathrow Airport. Scottish advocate Peter Macdonald spoke to Wikinews, commenting on the case and explaining the surrounding legislation. He has experience of litigating aviation accidents.

Although investigations are ongoing, the United Kingdom’s Air Accidents Investigation Branch (AAIB) has issued interim reports indicating ice buildup on an engine component. As the jet passed over Siberia on its journey from Beijing, China it encountered significantly reduced temperatures. The AAIB has determined that the fuel was at a temperature below 0°C for an unusually long duration. This is believed to have caused water in the fuel — which met all relevant international standards — to have frozen into crystals.

A build-up of ice developed on a component called the fuel/oil heat exchanger. This restricted the flow of fuel to the engine, resulting in an “uncommanded engine rollback” — a loss of power — on approach for landing. Investigators initially struggled to produce enough ice under test conditions but later discovered that at high concentration, fuel can form ice at very low temperatures in enough quantity to seriously restrict fuel flow. This does not occur when fuel demand is lower, as the hot oil then becomes sufficient to entirely melt the ice. It was only when extra fuel was pumped in from the tanks for the landing that the crystals became a problem. The fuel/oil heat exchanger is a dual purpose part designed to simultaneously melt fuel ice and cool down engine oil by passing oil pipes through the fuel flow.

The crew of the aircraft were praised for their handling of the emergency, avoiding the airport’s perimeter fence and nearby houses to crash land short of the runway. None of the 136 passengers and 16 crew were killed but some of those suffered serious injuries, including broken bones and facial injuries. Some were left unable to fly and there were cases of Post Traumatic Stress Disorder (PTSD).

The crash was triggered by highly unusual circumstances; the first AAIB report noted that cold fuel behaving in this manner was an “apparently hitherto unknown phenomenon.” As part of the investigation, data of 141,000 flights of 777s equipped with the engine model involved — the Rolls-Royce Trent 800 — was reviewed without finding any relevant circumstance similar to the accident flight, although there was later a similar incident in the United States in which the aircraft continued safely after repowering one engine; the second did not lose power.

Given the circumstances surrounding the case, Wikinews asked Peter Macdonald if the plaintiffs intended to prove that Boeing knew or should have known the Rolls-Royce powerplant was dangerously defective by design. “I rather suspect that there may be product liability legislation in place in whichever US jurisdiction is being used,” Macdonald explained. “Such statutes normally do not require proof of fault, nor do they require proof of knowledge. All that you have to show is that there was a defect in the product which caused the losses concerned… If I am correct that it is a product liability suit, then the fact that this is the first such accident matters not.”

Macdonald went on to discuss the international legislation and how it interacts to the plaintiffs and the three companies involved — Boeing, British Airways and Rolls-Royce. Only Boeing is currently named in an action over the case. “There are several reasons why the plaintiffs will wish to sue Boeing in the States,” he said. “Were the plaintiffs to seek redress in a court in the United Kingdom, it is unlikely that the relevant part of Boeing would be subject to jurisdiction here.” He also pointed out that “US damages are generally higher than English damages.”

“As to whether Boeing should settle, that all depends upon the basis of the action. If it is a fault [negligence] based action, they will be able to defend it. If fault is not needed, that is why they would want the action dismissed, forcing litigation in the UK.” In the UK, a product liability suit “would ordinarily be directed against the importers, i.e. British Airways… It would be a simple matter to sue BA here [the UK] for the physical injuries and their financial consequences,” said Macdonald. “That leaves RR [Rolls-Royce]. I assume that the engine was made in the UK. They would be liable for a defect in terms of the Consumer Protection Act 1987, Part I.” This piece of UK-wide legislation states that “where any damage is caused wholly or partly by a defect in a product [the manufacturer] shall be liable for the damage.” Damage includes injuries.

US courts decide international jurisdictional issues under the Jones Act, passed as a result of Bhopal litigation, “which makes it much more difficult for a foreigner to sue in the US if the accident did not happen there… My restricted understanding of that is that it is likely that it would be difficult to remove an action from a US court where the aircraft was made in the US.” He further pointed out that the court would require there to be an alternative court with jurisdiction over the issue. “It may well be that the relevant part of the Boeing group is not subject to the jurisdiction of the English courts… I have seen cases where it was made a condition of the grant of an order under the Jones Act that the defendants would submit to the jurisdiction of a court in Scotland and that they would not take a plea of time bar in the even that an action was raised within three months of the court order.”

He then addressed the international law with regards to what could be claimed for against air carriers such as BA. In a previous case against the same airline, Abnett v British Airways, the House of Lords ruled in 1997 “that the only remedy for an injured passenger on an international flight is to sue under the Warsaw Convention, Article 17, incorporated into our law by the Carriage by Air Act, 1961.” The Warsaw Convention governs liability for international commercial airlines. At the time, the House of Lords was the highest court of appeal in the UK, although it was recently replaced by the Supreme Court. The Abnett case referred to British Airways Flight 149, in which Iraq captured the aircraft and occupants when it landed in Kuwait hours after Iraq invaded in 1990. Peter Macdonald represented Abnett in this case.

The Convention “provides a remedy for “bodily injury”. Interestingly, the term only appeared in the final draft of the Warsaw Convention. There is no mention of the term in the minutes of the many sessions which lead up to the final draft. It was produced overnight and signed later that day.” This term creates difficulties in claiming for mental problems such as the fear of flying or PTSD, although Macdonald points out that “there is a large amount of medical literature which details physical and chemical changes in the brains of people who are suffering from PTSD.”

In King v Bristow Helicopters, heard before the House of Lords in 2002 “held that PTSD was not a “bodily injury”, but expressly left the door open for someone to try to prove that what is known as PTSD is the manifestation of physical changes in the brain which have been brought about by the trauma. Such a litigation is pending in Scotland.” Macdonald is acting in this case.

Actions against Boeing are not bound in this way, as the Warsaw Convention only applies to airlines, making the States an attractive place to sue due to the issues with demonstrating jurisdiction against the relevant part of the Boeing group in the UK. Another reason why the plaintiffs would prefer to sue in America is that in the UK “there would be liability [for BA], and that would be subject to a damages cap. An action in the US [against any defendant] would probably have the same cap, but is likely to award damages more generously in the event that the cap is not reached.”

Thursday, May 11, 2006

Mogadishu, capital of Somalia, is witnessing a heavy fighting over the past four days. Almost 100 people have died and 200 have been wounded in the clashes, as health officials said yesterday. The battle between the Islamic Court Union and the Alliance for the Restoration of Peace and Counterterrorism has centered on the northern neighborhood of Sii-Sii. Many of the casualties are civilians caught in the crossfire. There was a temporary truce, but that did not last long.

Islamic militia leader Sheikh Sharif Ahmed called a unilateral truce on Tuesday in response to appeals from those affected by the violence. But his opponents said the truce was called because of a lack of ammunition. The warlords’ alliance spokesman Hussein Gutale Rageh said they would only accept the ceasefire if their rivals withdrew from territory they have occupied during the fighting.

The fighting started late on Sunday, when an alliance of warlords attacked the vehicle of a group allied to the Islamic courts, according to eyewitnesses.

This is the second round of the city’s most serious fighting in a decade. In March 2006, clashes between the two sides killed at least 90 people.

The United Nations has appealed to both sides to halt the clashes. UN special representative for Somalia, Francois Lonseny Fall, appealed today for the rival militias to end the hostilities, saying they had created fear and chaos for civilians caught in the crossfire.

“The indiscriminate use of heavy machine guns, mortars, rocket-propelled grenades and artillery in and between urban areas is unacceptable,” said Francois Fall.

Somalia has not had an effective national authority for 15 years after the ousting of longtime dictator President Siad Barre in 1991. A UN-backed transitional government has based itself in the central city of Baidoa, but has so far failed to assert itself elsewhere.

Islamic fundamentalists have portrayed themselves as an alternative capable of bringing order and peace, but they have not hesitated to use force and have allegedly linked up with al-Qaeda terrorists. The Islamic courts have restored order to some parts of the city by providing justice under Sharia – Islamic law. The courts say the warlords alliance is a pawn of the United States.

Last week, Somalia President Abdullahi Yusuf accused the US of funding the coalition of warlords. The US government says it does support efforts to restore stability to Somalia but refuses to give details on who it backs and how. The alliance of warlords recently created the Alliance for the Restoration of Peace and Counter-Terrorism. It has an anti-terror task force based in nearby Djibouti. It accuses the Islamic courts of sheltering foreign al-Qaeda leaders.

Monday, May 14, 2007

Buffalo, New York —A massive warehouse complex of at least 5 buildings caught on fire in Buffalo, New York on 111 Tonawanda Street, sending a plume of thick, jet black colored smoke into the air that could be seen as far away as 40 miles.

As of 6:40 a.m., the fire was under control, and firefighters were attempting to stop it from spreading, but could not get to the center of the fire because of severe amounts of debris. Later in the morning, the fire was extinguished.

“The fire is mostly under debris at this point. It’s under control, but it’s under some debris. We really can’t get to it. We’re just going to have to keep on pouring water on it so it doesn’t spread,” said Thomas Ashe, the fire chief for the North Buffalo based fire division who also added that at one point, at least 125 firefighters were on the scene battling the blaze. One suffered minor injures and was able to take himself to the hospital to seek medical attention.

Shortly after 8:00 p.m. as many as 3 explosions rocked the warehouse sending large mushroom clouds of thick black smoke into the air. After the third explosion, heat could be felt more than 100 feet away. The fire started in the front, one story building then quickly spread to three others, but fire fighters managed to stop the flames from spreading onto the 3 story building all the way at the back.

According to a Buffalo Police officer, who wished not to be named, the fire began at about 7:00 p.m. [Eastern time], starting as a one alarm fire. By 8:00 p.m., three fire companies were on the scene battling the blaze. Police also say that a smaller fire was reported in the same building on Saturday night, which caused little damage.

At the start of the fire, traffic was backed up nearly 4 miles on the 198 expressway going west toward the 190 Interstate and police had to shut down the Tonawanda street exit because the road is too close to the fire.

At one point, traffic on the 198 was moving so slow, at least a dozen people were seen getting out of their cars and walking down the expressway to watch the fire. That prompted as many as 10 police cars to be dispatched to the scene to force individuals back into their cars and close off one of the 2 lanes on the westbound side.

One woman, who wished not to be named as she is close to the owner of the warehouse, said the building is filled with “classic cars, forklifts, and money” and that owner “does not have insurance” coverage on the property. The building is not considered abandoned, but firefighters said that it is vacant.

Officials in Fort Erie, Ontario were also swamped with calls to fire departments when the wind blew the smoke over the Niagra River and into Canada.

It is not known what caused the fire, but a car is suspected to have caught on fire and there are reports from police and hazmat crews, that there were also large barrels of diesel fuel being stored in one building. Firefighters say the cause of the blaze is being treated as “suspicious.” The ATF is investigating the fire and will bring dogs in to search the debris.

Wednesday, April 13, 2005

Following weeks of speculation in some media quarters, it has been announced that Britney Spears, 23, is pregnant. In a posting on her Web site, Spears announced that she and husband, Kevin Federline, 27, were expecting their first child together. Her publicist, Sonia Muckle, confirmed the singer’s pregnancy Tuesday but gave no further information.

“The time has finally come to share our wonderful news that we are expecting our first child together. There are reports that I was in the hospital this weekend,” read a statement allegedly written by Spears.

Federline has two children with his ex-girlfriend, actress Shar Jackson. He met Spears last year when he was a backup dancer on her tour and his girlfriend was pregnant with their son.

Monday, March 12, 2007

A CSX freight train traveling from Buffalo to Selkirk derailed in Oneida, New York.

No injuries have yet been reported as a result of the accident. It is not yet known what caused the accident; CSX and NTSB officials are investigating.

Twenty six of the train’s 79 cars derailed around 7:00 a.m. local time; the derailment led to the explosion of at least one tank car carrying propane. Two other cars are known to contain hazardous materials. As many as seven cars have been reported as burning.

As a precaution, 23 miles (37 kilometers) of the adjacent Thruway have been closed between Syracuse and Verona. Authorities have ordered a complete evacuation for a one-mile radius around the derailment site, including a jail and two elementary schools. Amtrak’s Empire Service between Albany and Syracuse is suspended and Lake Shore Limited between Syracuse and Chicago is also affected; passengers on these routes are being bused around the affected area.

At the time of the accident the train had a two-man crew and was traversing a section of track that has a 60 mile per hour (MPH) speed limit. The train crew were not injured; it is not yet known what speed the train was traveling when the accident occurred.

Monday, December 2, 2013

Police in the West Midlands in England today said nearly 200 kilograms worth of drugs with value possibly as great as £30 million (about US$49 million or €36 million) has been seized from a unit in the town of Brownhills. In what an officer described as “one of the largest [seizures] in the force’s 39 year history”, West Midlands Police reported recovering six big cellophane-wrapped cardboard boxes containing cannabis, cocaine, and MDMA (“ecstasy”) in a police raid operation on the Maybrook Industrial Estate in the town on Wednesday.

The seized boxes, which had been loaded onto five freight pallets, contained 120 one-kilogram bags of cannabis, 50 one-kilogram bags of MDMA, and five one-kilogram bricks of cocaine. In a press release, West Midlands Police described what happened after officers found the drugs as they were being unloaded in the operation. “When officers opened the boxes they discovered a deep layer of protective foam chips beneath which the drugs were carefully layered”, the force said. “All the drugs were wrapped in thick plastic bags taped closed with the cannabis vacuum packed to prevent its distinctive pungent aroma from drawing unwanted attention.” Police moved the drugs via forklift truck to a flatbed lorry to remove them.

Detective Sergeant Carl Russell of West Midlands Police’s Force CID said the seizure was the largest he had ever made in the 24 years he has been in West Midlands Police and one of the biggest seizures the force has made since its formation in 1974. “The impact this seizure will have on drug dealing in the region and the UK as a whole cannot be underestimated”, he said. “The drugs had almost certainly been packed to order ready for shipping within Britain but possibly even further afield. Our operation will have a national effect and we are working closely with a range of law enforcement agencies to identify those involved in this crime at whatever level.”

Expert testing on the drugs is ongoing. Estimates described as “conservative” suggest the value of the drugs amounts to £10 million (about US$16.4 million or €12 million), although they could be worth as much as £30 million, subject to purity tests, police said.

Police arrested three men at the unit on suspicion of supplying a controlled drug. The men, a 50-year-old from Brownhills, a 51-year-old from the Norton area of Stoke-on-Trent in Staffordshire, and one aged 53 from Brownhills, have been released on bail as police investigations to “hunt those responsible” continue. West Midlands Police told Wikinews no person has yet been charged in connection with the seizure. Supplying a controlled drug is an imprisonable offence in England, although length of jail sentences vary according to the class and quantity of drugs and the significance of offenders’ roles in committing the crime.