Wednesday, October 31, 2018
Actor John Jarratt appears in Sydney court on rape charge
Australian actor and director John Jarratt appeared in a Sydney court on Tuesday charged with raping a woman 42 years ago.
The 66-year-old actor told the Downing Center Local Court through his lawyer Bryan Wrench on Tuesday that he will deny the charge.
The accuser, now aged 66, told police in December 2017 that Jarratt raped her in the apartment they shared in the Sydney suburb of Randwick in September 1976. Jarratt was charged with one count of rape in August.
Jarratt is best known for his serial-killer character Mick Taylor in the "Wolf Creek" horror movies and television series. He appeared in his first two movies, "The Great Macarthy" and "Picnic at Hanging Rock," in 1975.
It was not immediately clear what sentence Jarratt would face if convicted.
He is expected to formally plead not guilty when he returns to the court for a preliminary hearing on Nov. 29.
Court orders Japan company to pay 4 Koreans for forced labor
In a potentially far-reaching decision, South Korea's Supreme Court ruled that a major Japanese steelmaker should compensate four South Koreans for forced labor during Japan's colonial rule of the Korean Peninsula before the end of World War II.
The long-awaited ruling, delivered Tuesday after more than five years of deliberation at Seoul's top court, could have larger implications for similar lawsuits that are pending in South Korea and will likely trigger a diplomatic row between the Asian U.S. allies.
Japanese Prime Minister Shinzo Abe said Tokyo will respond "resolutely" to the ruling, which he described as "impossible in light of international law." He said the ruling violated a 1965 treaty between Seoul and Tokyo that was accompanied by Japanese payments to restore diplomatic ties. Japanese Foreign Minister Taro Kono said Japan could potentially take the case to the International Court of Justice.
"Today's ruling by the South Korean Supreme Court has one-sidedly and fundamentally damaged the legal foundation of Japan-South Korea relations," Kono said.
South Korean President Moon Jae-in had no immediate reaction to the ruling. South Korean Foreign Ministry spokesman Noh Kyu-duk said Tokyo and Seoul "should gather wisdom" to prevent the ruling from negatively affecting their relations.
The court said Japan's Nippon Steel & Sumitomo Metal Corp. should provide compensation of 100 million won ($87,680) to each of the four plaintiffs, who were forced to work at Japanese steel mills from 1941 to 1943. Among them, only 94-year-old Lee Chun-sik has survived the legal battle, which extended nearly 14 years.
Saturday, October 20, 2018
Court orders some fixes in Texas foster care
A federal appeals court says Texas must make improvements to abuse investigations within its foster care system and make sure workers have manageable caseloads, but the court also struck down dozens of other measures ordered by a judge.
The 5th U.S. Circuit Court of Appeals issued the ruling Thursday in a years-long case focused on children in the state’s long-term care. U.S. District Judge Janis Graham Jack had ordered sweeping changes earlier this year. Jack’s order followed a December 2015 opinion in which she ruled the system unconstitutionally broken and said children labeled permanent wards of the state “almost uniformly leave state custody more damaged than when they entered.”
The appeals court judges said they understood Jack’s frustration with the state failing to fix problems and agreed that “remedial action is appropriate.”
But the judges said her order went “well beyond” what’s necessary for constitutional compliance.
So while the appeals court said Texas was “deliberately indifferent” to the risk of harm posed by high caseloads and ordered the Texas Department of Family and Protective Services to come up with guidelines for manageable caseloads, the judges nixed Jack’s instruction for all sexualized children — either aggressor or victim — to be placed in a single-child home.
EU court orders Poland to reinstate Supreme Court judges
The European Union's top court ordered Poland on Friday to immediately stop applying a law that lowered the retirement age for Supreme Court judges, forcing some 20 off the bench.
The interim injunction from the European Court of Justice also obliges EU member Poland to reinstate the judges who had to retire early after the law took effect in July. It lowered the age limit for Supreme Court service from 70 to 65.
The powerful leader of Poland's conservative ruling party, Jaroslaw Kaczynski, said Poland would observe EU law, but not whether the government would comply with the order. He also said the government would do all it could to "defend our state interest."
The European Commission, the EU's executive branch, asked for the injunction while the Court of Justice considers its challenge to the age cap as a violation of EU laws on judicial independence and the right to a fair trial. A ruling in the main proceedings is expected later.
Supreme Court judges, arguing the forced retirements are an infringement of Poland's Constitution, also have sought the European court's opinion.
Kaczynski's Law and Justice party has made overhauling the judicial system a key focus since it came to power in 2015. The government maintains that removing justices who were active during Poland's communist era will make the courts more efficient and fairer.
Among the evidence Court of Justice Vice President Rosario Silva de Lapuerta cited in the order was "a profound and immediate change in the composition of the Supreme Court" since the disputed law went into force. Along with the retirements, an increase in court seats from 93 to 120 created more than 44 vacancies, and President Andrzej Duda has filled at least 27 of them, Lapuerta said.
Wednesday, October 3, 2018
UN court orders US to lift some Iran sanctions
The United Nations' highest court on Wednesday ordered the United States to lift sanctions on Iran that affect imports of humanitarian goods and products and services linked to civil aviation safety.
The ruling by the International Court of Justice is legally binding, but it remains to be seen if the administration of President Donald Trump will comply.
Trump moved to restore tough U.S. sanctions in May after withdrawing from Tehran's nuclear accord with world powers. Iran challenged the sanctions in a case filed in July at the International Court of Justice.
In a preliminary ruling, the court said that Washington must "remove, by means of its choosing, any impediments arising from" the re-imposition of sanctions to the export to Iran of medicine and medical devices, food and agricultural commodities and spare parts and equipment necessary to ensure the safety of civil aviation.
By limiting the order to sanctions covering humanitarian goods and the civil aviation industry, the ruling did not go as far as Iran had requested.
The U.S. ambassador to the Netherlands, Peter Hoekstra, pointed that out in a tweet.
"This is a meritless case over which the court has no jurisdiction," the ambassador tweeted. "Even so, it is worth noting that the Court declined today to grant the sweeping measures requested by Iran. Instead, the Court issued a narrow decision on a very limited range of sectors."
While imposing the so-called "provisional measures," the court's president, Abdulqawi Ahmed Yusuf, stressed that the case will continue and the United States could still challenge the court's jurisdiction.
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