Category: Justice

  • Ugandan Woman Sentenced in Liberia Over Heroin

    Ugandan Woman Sentenced in Liberia Over Heroin

    A criminal court in the Liberian capital Monrovia on Monday sentenced a 24-year-old Ugandan national, Shirak Nalwadda to four years imprisonment for unlawful possession and distribution of narcotic drugs.

    Presiding Judge, Blamo Dixon imposed the sentence on Nalwadda after jurors reached a unanimous guilty verdict in less than an hour of deliberation.

    Meanwhile, the judge ordered defendant Nalwadda to be deported from Liberia through diplomatic channels with arrangements made for her to serve her sentence in Uganda.

    He also ordered that the convict be remanded in custody at the Monrovia Central Prisons pending her deportation to Uganda.

    Nalwadda was arrested at the Roberts International Airport on Saturday, November 30,2013 with a parcel containing 1.2 kilograms of heroin.

    Its street value was estimated at $30,000.

    2, 400,000 Liberian dollars was also found in her traveling bag.

    The judge said the substance was taken to the laboratory of the Drug Enforcement Agency and upon testing, it was established that the substance was heroin.

    She was investigated by officers of the National Security Agency and other state security officers of the airport and subsequently charged with the commission of the crime of unlawful possession, trafficking and distribution of narcotics.

    NV

  • India’s Supreme Court Recognizes 3rd Gender

    India’s Supreme Court Recognizes 3rd Gender

    In a landmark ruling on Tuesday, the Supreme Court of India recognized transgender people as belonging to a third gender and directed the central and state governments to give full legal recognition to them, the Press Trust of India reported.

    The top court was responding to a public interest lawsuit filed by the National Legal Services Authority, which provides free legal services to the poor and disadvantaged.

    The group had argued that treating transgender people as legal nonentities, unable to apply for official identification documents, meant that they were deprived of basic human rights.

    The court agreed with the organization and added that governments must treat the transgender community as a minority group that should be provided with adequate access to health care and employment so that transgender people can become part of mainstream society.

    For decades, the transgender community in India has been widely ostracized and excluded from traditional social life, so activists who work with the community were overjoyed with the Supreme Court’s ruling.

    “I am so happy,” said Anjali Gopalan, founder and executive director of the Naz Foundation, a nonprofit group that has been working in the fields of H.I.V./AIDS awareness and transgender rights.

    “It is a progressive judgment, and it has a far-reaching consensus,” Ms. Gopalan added.

    Colin Gonsalves, a lawyer who has been fighting cases for the transgender community, called the judgment “extraordinary.”

    “It comes after decades of pursuit,” Mr. Gonsalves said. “It is the first step toward recognizing the transgender community as a third sex.”

    Mr. Gonsalves added that this judgment was like a “breath of fresh air” after the Supreme Court’s ruling in December that criminalized gay sex under Section 377 of the Indian Penal Code.

  • Pistorius ‘Concocting Evidence’

    Pistorius ‘Concocting Evidence’

    South African athlete Oscar Pistorius is “concocting his evidence” at his murder trial, the prosecutor has said as his cross-examination resumed.

    “Your version of events is untrue,” said prosecutor Gerrie Nel.

    He also said Reeva Steenkamp was trying to leave the athlete’s house after an argument, when she was shot dead.

    Mr Pistorius admits killing his girlfriend in February last year but says he fired his gun after mistaking her for an intruder.

    On Friday, Mr Pistorius said Ms Steenkamp did not scream or shout as he grabbed a gun and fired the shots that killed her through a door in the toilet.

    Mr Pistorius said he could not explain why she had not shouted out.

    Mr Nel said the fact that a pair of Ms Steenkamp’s jeans was lying on the bed showed that she was in the middle of getting dressed in order to leave when she was shot.

    This was denied by Mr Pistorius.

    The prosecutor also pointed to forensic evidence that showed Ms Steenkamp had eaten within a couple of hours of her death.

    The South African athlete, a double amputee, says the couple had last eaten together about 19:00, some eight hours before she was shot.

    The athlete says there was no row and they had a quiet evening together, before he woke up on hearing a noise in the bathroom.

    Prosecution witnesses have testified to hearing a woman scream, but the defence disputes their testimony.

    The Olympic sprinter, 27, faces life imprisonment if convicted of murdering the 29-year-old model and law graduate.

    If he is acquitted of murder, the court must consider an alternative charge of culpable homicide, for which he could receive up to 15 years in prison.

    Mr Pistorius also faces charges of illegally firing a gun in public and of illegally possessing ammunition, both of which he denies.

    There are no juries at trials in South Africa, and his fate will ultimately be decided by the judge, assisted by two assessors.

    wirestory

  • Kenyan Woman Jailed in US Over Marriage Fraud

    Kenyan Woman Jailed in US Over Marriage Fraud

    A US federal court has sentenced a Kenyan woman to one year in prison and a three year probation for her role in an inter-state fake marriage scheme.

    Margaret Kimani of Worcester, Massachusetts, appeared before U S District Judge John Woodcock in Bangor, Maine, for the sentencing on Tuesday.

    She had been found guilty of what the judge described as “one of the most sophisticated marriage frauds in the country” in December last year.

    Ms Kimani, 30, was one of 28 defendants convicted in the state of Maine for being part of a scam which saw American citizens getting paid to marry immigrants so they could easily obtain permanent residency status, popularly known as a green card.

    “The key idea was to achieve citizenship more easily,” said Maine’s US Attorney Thomas E. Delahanty II at a press conference after the sentencing.

    Court documents seen by Africa Review indicate that the defendant entered the United States on a visitor’s visa which expired in 2003.

    “She married an American man on Dec 30, 2003, nearly two years after her visitor’s visa expired in order to gain US citizenship more easily,” a prosecutor’s affidavit filed with the court states.

    However, the judge heard, when the man backed out of the scheme, she filed a petition under the Violence Against Women Act, alleging abuse by her spouse.

    “Kimani had been awarded lawful permanent residency in March 2010 based on the false information that her husband sexually, physically and emotionally abused her,” the prosecutor told the jury.

    Court documents show that she was indicted by a federal grand jury in August 2012 and was arrested 13 months later when she returned from a visit to Kenya. She has been held without bail since her arrest on Sept. 5, 2013, at JFK International Airport in New York City.

    A jury found her guilty of one count of conspiracy to defraud the US government in December 2013.

    On Tuesday, tough talking US government officials sent a warning to would-be perpetrators.

    Deportation

    “America’s legal immigration system is not for sale and we will move aggressively against those who willfully compromise the integrity of that system simply to enrich themselves,” said Bruce Foucart, special agent in charge for US Immigration and Customs Enforcement’s Homeland Security Investigations in Boston, whose office headed the investigation that led to the prosecutions.

    And during a press conference outside the courthouse Tuesday, the prosecutor warned that the US government would be ruthless on scammers.

    “ If you commit marriage fraud, there isn’t going to be a honeymoon,” said US Attorney Delahanty.

    The sentencing of Margaret Kimani brings to a close a joint investigation which identified over 40 sham marriages between US citizens and nationals from Kenya, Uganda, Zambia and Cameroon.

    The court heard that the scheme was hatched by a man named James Mbugua, 53, and his friend Rashid Kakande, 41.

    “ Immigrants seeking an American spouse would pay Mr Kakande or Mr Mbugua between $1,000 and $1,500.

    Spouses who provided false information, such as joint bank accounts, rent receipts and utility bills to show that the couple was living together, and attended interviews with immigration officials received further payments,” said Mr Delahanty.

    Assistant US Attorney Gail Malone, who prosecuted all of the cases, said at the press conference that Kakande and Mbugua targeted the state of Maine “because there is no waiting period for marriage in the state as is the case in many other states.”

    In addition to prison time, Judge Woodcock sentenced Margaret Kimani to three years of supervised release.

    Ms Kimani, who is a Licensed Practical Nurse (LPN) and has a daughter who is a US citizen, is expected to be deported upon completion of her jail term.

    NMG

  • Oscar Pistorius Accused of Invention

    Oscar Pistorius Accused of Invention

    Oscar Pistorius faced another day of relentless cross-examination Friday as the prosecution challenged his account of the killing of his girlfriend, Reeva Steenkamp.

    Prosecutor Gerrie Nel has accused the athlete of hiding the truth about the death of Steenkamp, whom he shot last year through a closed toilet door in his home in Pretoria, South Africa.

    His questions Friday again sought to undermine Pistorius’ reliability and credibility — and to portray the athlete as someone who was inventing his version of events.

    As Nel turned once again to the early hours of Valentine’s Day last year, he challenged Pistorius over his actions in the moments leading up to Steenkamp’s death.

    Pistorius denied being “ready to shoot” as he made his way to the bathroom where he says he heard what he thought was an intruder.

    But he agreed that he had taken off the safety catch so he could fire if needed.

    “I didn’t want to take anybody’s life. I screamed for the intruders to get out of my home,” he said.

    “You wanted to shoot,” Nel contended. Pistorius replied that there is a “massive difference” between being ready for something and wanting to do it.

    Asked by the prosecutor why he approached the danger rather than seeking to move out of harm’s way, the athlete said it was his in his nature to respond that way.

    “I wanted to put myself between the perceived danger and Reeva,” he said. “I wish I did all these other things put to me.”

    Nel also argued it was “not possible” that Steenkamp would not have responded when Pistorius screamed to her about what he thought was an intruder in the house, as he has said happened.

    Steenkamp was only 3 meters from Pistorius at the time behind the toilet door, the prosecutor said.

    “She would’ve been terrified, but I don’t think that would’ve led her to call out,” Pistorius said, arguing that Steenkamp would’ve assumed the danger was getting closer.

    “She wasn’t scared of anything except you. She wasn’t scared of an intruder. She was scared of you,” Nel replied.

    The prosecutor also pressed Pistorius over whether he heard a woman screaming during the shots he fired, as some witnesses have said they heard.

    Pistorius said Steenkamp did not scream and denied knowing that she was behind the door when he fired through it.

    The judge granted Nel’s request for the court to be adjourned until Monday.

    Pistorius: I was fixated on the threat

    As Nel went through the events leading up to the point of the shooting, Pistorius said that after getting up to close a balcony door and move fans inside, he heard the noise of the bathroom window sliding open and slamming into the frame.

    Nel repeatedly asked him why he hadn’t at that point asked Steenkamp — who was awake — whether she too had heard the noise.

    Pistorius replied that he didn’t because he was sure about what he had heard. He said he whispered to Steenkamp to get down and call police.

    Nel asked whether he had waited for a response, as he said would have been reasonable, pointing out that his ex-girlfriend Samantha Taylor had testified he had done that on a previous occasion when he’d heard a noise.

    “I never waited for a response. … My whole body was fixated on the threat,” Pistorius answered.

    Nel’s questions then focused on the position of certain items in the bedroom, including a duvet, the fans and a pair of jeans, all of which Pistorius says were moved by police.

    The court was shown blown-up photographs of the items as Nel sought to argue that they do not support Pistorius’ version of events.

    At one point, the judge reprimanded Nel — known in South African legal circles for his bulldog-like approach in court — for calling Pistorius a liar and told him to mind his language.

    More than once, Nel suggested that Pistorius had difficulty remembering what happened because he had made things up.

    Pistorius became emotional as the cross-examination continued, prompting Nel to ask him why.

    “This is the night I lost the person that I cared about. I don’t know why people don’t understand that,” Pistorius responded.

    As he broke down in tears, the judge ordered a short break to allow him time to gather himself.

    Nel has previously accused Pistorius of becoming emotional when the questions get difficult.

    No one disputes that Pistorius killed Steenkamp. But the prosecution is trying to prove beyond a reasonable doubt that he did so knowingly and intentionally.

    Pistorius quizzed about mistakes

    During cross-examination earlier Friday, Pistorius made mistakes in answering questions about repair work and his alarm system.

    He attributed the mistakes to fatigue, prompting Nel to ask whether he was too tired to continue in the stand.

    Pistorius, becoming emotional, replied, “I don’t need time. I am tired; that’s not going to change.”

    “With respect, Mr. Pistorius, I’m not convinced. … I think you’re trying to cover up for lies,” Nel said.

    After Judge Thokozile Masipa pressed Pistorius on the question, the athlete said he wasn’t making mistakes because he was tired — prompting Nel to ask why, in that case, he was making mistakes.

    A little later, Nel made a mistake while questioning Pistorius, who pointed it out. The prosecutor said Pistorius wasn’t too tired to highlight the mistakes the prosecutor himself was making in his questioning.

    Pistorius’ message exchanges with Steenkamp

    A day earlier, the athlete denied that he acted selfishly toward Steenkamp as Nel sought to portray him as an arrogant hothead who is reckless with guns.

    In a bid to paint their relationship as rocky, he ripped apart message exchanges between the couple Thursday.

    Nel highlighted an incident in which Steenkamp complained in a message that Pistorius asked her to stop chewing gum. He also read a message in which she defended herself against Pistorius’ accusations that she flirted at a party.

    The prosecution challenged almost every aspect of the athlete’s credibility, including accusing him of lying that he killed his girlfriend by mistake last year.

    Nel also sought to paint him as selfish and demanded to know why the athlete did not respond to his girlfriend’s declaration of love.

    But Pistorius said he preferred to talk to his girlfriend over the phone rather than messaging. He acknowledged he never got a chance to tell her that he loved her.

    “Because it was all about Mr. Pistorius,” Nel said.

    Different accounts

    The runner has admitted to the killing but said he mistook Steenkamp for an intruder in the bathroom when he fired through the toilet door and killed her.

    The prosecution alleges that Pistorius killed his girlfriend after they argued. Several witnesses have testified to hearing a man’s shouts coming from the house, although they have also spoken of the terrified screams of a woman leading up to and during a volley of shots.

    The trial has gripped South Africa, where Pistorius is considered a symbol of triumph over physical adversity. His disabled lower legs were amputated when he was a baby, but he went on to achieve global fame as the “Blade Runner,” winning numerous Paralympic gold medals on the steel blades fitted to his prostheses.

    Only those in the courtroom can see Pistorius because he has chosen not to testify on camera. His testimony can be heard on an audio feed.

    The trial is scheduled to continue until the middle of May.

    Masipa will decide the verdict in collaboration with two experts called assessors. South Africa does not have jury trials.

    agencies

  • ‘I Took Reeva’s Life,’ Pistorius Tells Court

    ‘I Took Reeva’s Life,’ Pistorius Tells Court

    A South African prosecutor forced Oscar Pistorius on Wednesday to look at a forensic photograph of the head of his girlfriend Reeva Steenkamp after it was destroyed by a gunshot fired by the Olympic and Paralympic track star.

    In a dramatic opening to his cross-examination of Pistorius,

    prosecutor Gerrie Nel made him say that he had killed Steenkamp

    then later confronted him with the photograph showing the side and back of her skull matted with blood and brains.

    “Take responsibility for what you have done,” Nel said, drawing gasps from the public gallery and causing Pistorius to bury his head in his hands in the witness stand, rock from side to side and weep.

    The double amputee sprinter, once revered across the world for his triumph over adversity, faces life in prison if convicted in the Pretoria High Court of the murder of Steenkamp, a 29-year-old law graduate and model.

    His defense hinges on his contention that he thought he was firing at an intruder when he shot Steenkamp through a toilet door in his luxury Pretoria home on February 14 – Valentine’s Day – 2013.

    Nel, renowned as one of South Africa’s toughest state attorneys, sought to show the 27-year-old was a hot-headed character who loved to play with guns.

    He asked Pistorius, well-known as a weapons enthusiast, if he knew what a “zombie stopper” was, to which the defendant answered no.

    After a brief adjournment, the court then viewed video footage broadcast before the trial by Britain’s Sky News of Pistorius firing a .50 caliber handgun at a watermelon at a shooting range.

    As the melon disintegrates, Pistorius says off-camera: “It’s a lot softer than brains. But (bleep) it’s like a zombie stopper.”

    Nel then pushed the track star, saying he had shot the melon because he wanted to see what a bullet hitting a person’s head looked like.

    “You know that the same happened to Reeva’s head. It exploded. I’m going to show you,” he said, before projecting the forensic photograph of Steenkamp’s head on the court monitors.

    reuters

  • Nigeria’s Axed Central Bank Governor Wins Damages in Lagos Court

    Nigeria’s Axed Central Bank Governor Wins Damages in Lagos Court

    A Nigerian court has awarded about $300,000 (£180,000) in damages to suspended central bank chief Lamido Sanusi after he filed a harassment case against the government.

    The court also ordered that Mr Sanusi be given back his passport, and he should not be detained unlawfully.

    He was briefly detained in February, soon after his suspension.

    Nigeria’s President Goodluck Jonathan suspended him after he claimed that $20bn in oil revenue had gone missing.

    Mr Sanusi’s passport was seized on 20 February at the international airport in Lagos, Nigeria’s main city.

    The Lagos High Court restrained the government from arresting, detaining or harassing him, Nigeria’s Premium Times newspaper reports.

    Mr Jonathan says Mr Sanusi was suspended, pending the outcome of an investigation into “financial recklessness and misconduct” at the central bank.

    Nigeria’s state oil firm has denied failing to account for the money, saying Mr Sanusi’s claim was “unsubstantiated”.

    Mr Sanusi is widely respected after undertaking reforms to the banking sector since his appointment in 2009.

    He was named central bank governor of the year for 2010 by Banker magazine.

    wirestory

  • Egypt Detains 4 Men For Engaging in Homosexual Acts

    Egypt Detains 4 Men For Engaging in Homosexual Acts

    A court in Egypt has sentenced four men to up to eight years in prison for committing homosexual acts.

    The men were accused of attending or arranging “deviant” sex parties, and dressing in women’s clothes and wearing make-up.

    Egyptian law does not explicitly ban homosexual acts, but prosecutors have used legislation banning debauchery to try homosexuals.

    The verdict has been condemned by human rights campaigners.

    One of the men was jailed for three years with hard labour by the court in Cairo.

    US-based Human Rights First group said it was “alarmed and disappointed” at the verdicts.

    “Egypt is a bellwether state in the Arab region; what happens in Egypt sets a trend for developments throughout the Arab world,” it said in a statement.

    The group said that since the ousting of President Mohammed Morsi in July 2013 there has been a rise in the number of arrests of people based on their sexual orientation.

    The latest case echoes that of the mass trial in 2001 of 52 men accused of homosexual acts and other offences under Egyptian law.

    Twenty-three of the men were sentenced to up to five years in jail with hard labour, drawing international condemnation.

    A leading Egyptian human rights group said the severe sentences the men received on Monday were part of an ongoing crackdown on personal freedoms.

    The convictions come a day after another court in the capital upheld three-year prison terms imposed on three prominent activists convicted of organising an unauthorised protest.

    wirestory

  • Emotional Oscar Pistorius Apologises

    Emotional Oscar Pistorius Apologises

    Oscar Pistorius has started his testimony at his murder trial by apologising to the family of his girlfriend Reeva Steenkamp.

    In a trembling voice, he said he was “trying to protect” her and said he could not imagine their pain.

    Mr Pistorius said he suffered “terrible nightmares” and often woke up smelling Ms Steenkamp’s blood.

    Prosecutors say he killed her in February 2013 after an argument. He says he mistook her for an intruder.

    The Paralympic athlete told Ms Steenkamp’s relatives that there “hasn’t been a moment since this tragedy happened that I haven’t thought about your family”.

    “I wake up every morning and you’re the first people I think of, the first people I pray for. I can’t imagine the pain and the sorrow and the emptiness that I’ve caused you and your family.

    “I was simply trying to protect Reeva. I can promise that when she went to bed that night she felt loved.

    “I’ve tried to put my words on paper many, many times to write to you. But no words will ever suffice.”

    In the packed Pretoria courtroom, Ms Steenkamp’s mother, June, sat stony-faced while he spoke.

    Mr Pistorius said he is taking anti-depressants and sleeping pills.

    “I’m scared to sleep, I have terrible nightmares, I can smell blood and wake up terrified,” he said.

    He added that he never wanted to handle a gun again.

    The trial in Pretoria was delayed for a week after one of the assessors assisting the judge fell ill.

    Under South African law, there is no jury system and two assessors, normally lawyers or retired magistrates, help the judge reach a decision in serious cases.

    Defence lawyer Barry Roux said he will call 14 to 17 witnesses in his case to testify on “ballistics, urine emptying, damage to the toilet door, sound, and disability and vulnerability.”
    eer-8.jpg
    Reeva Steenkamp’s mother above, June, remained impassive during Mr Pistorius’ testimony

    wirestory

  • Bagosora & Kambanda in Larvish Prison Life

    Bagosora & Kambanda in Larvish Prison Life

    As Rwandans prepare for the 20th commemoration of the Genocide against ethnic Tutsi’s, the memories of the horror are fresh but the strong zeal to rebuild the broken hearts and country is unstoppable.

    However, the Architects of the Rwanda genocide are living larvishly in a Mali prison with access to newspapers, super meals, frequent visits and large space among other entitlements.

    The Genocidaires are serving their prison sentences in Mali at a Prison in Koulikoro garrison town on the banks of the River Niger 57 kilometres (35 miles) downstream from Bamako.

    According to a warden supervising Jean Kambanda and Colonel Theonest Bagosora, “the genocidaires are very disciplined prisoners, they do not bother anyone and scrupulously respect the rules.”

    Bagosora now 72 was a member of the Hutu extremist regime that seized power in 1994, he then took over the army and unleashed the notorious Interahamwe militia against the Tutsi population.

    The rate of killing was far faster than the Holocaust of the Jews in World War II — a million Tutsis were murdered in just 100 days — as Kambanda and his ministers toured the country urging on the murderers.

    The International Criminal Tribunal for Rwanda (ICTR) found that Bagosora had spent years “preparing the apocalypse” and sentenced him in 2011 to 35 years in prison for genocide, crimes against humanity and war crimes.

    Kambanda was arrested in Kenya in 1997 and admitted genocide at his trial the following year after he was accused of handing out arms to militias knowing they would be used to massacre Tutsis.

    Mali signed a deal with the ICTR tribunal in 1999, agreeing to become the first foreign country to provide prison cells for the convicts as a symbol of Malian support for African unity.

    Other countries on the ICTR’s list of willing hosts of convicted Rwandans include Italy, Benin, Swaziland, France and Sweden.

    The first convicted Rwandans, including Kambanda, began arriving in Mali in 2001 and a second group of nine prisoners, including two former ministers, have been in the country since 2008 while Bagosora was sent there in 2012.

    Kambanda and most of the others are serving life sentences but some have fixed terms of less than 20 years and Malian officials have voiced concerns in the past over what would become of them if they were released.

    The genocidaires were originally held with local inmates in Bamako’s central prison but the ICTR funded a facility specifically built for them in Koulikoro, where they are segregated from Malians in an air-conditioned cell block.

    The Rwandans, whose day-to-day expenses are covered by Mali, are entitled to receive visits while their meals are better than those served to other inmates and they receive $2 a day to buy newspapers.

    Their lavish unit boasts separate showers, a dining room and a well-appointed library

    additional reporting AFP