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Charges delayed against CIA contractor in Pakistan
Legal World News | 2011/03/08 13:49

A court has delayed charging a CIA contractor in connection with the shooting deaths of two Pakistanis.

A lawyer for families of the dead men said Tuesday the next trial court hearing would be March 16, when contractor Raymond Allen Davis may be charged.

On March 14, the Pakistani government is scheduled to tell the Lahore High Court whether Davis has diplomatic immunity from prosecution as the United States insists.

The American's lawyer has said if Pakistan determines he has immunity Davis will likely walk free soon after.

Davis says he shot the two men in self-defense as they tried to rob him in late January.

The case has strained U.S.-Pakistan ties. The countries' alliance is considered key to ending the Afghan war.



Demjanjuk attorney motions slowing trial
Legal World News | 2011/03/01 11:44

A German court says John Demjanjuk's defense attorney may only file new motions in written form after a flood of requests slowed his trial to a crawl.

Ninety-year-old retired Ohio autoworker Demjanjuk is accused of 28,060 counts of accessory to murder on allegations he was a guard at the Nazi Sobibor death camp in occupied Poland. He rejects the charges, saying he never served the Nazis in any camp.

Presiding Judge Ralph Alt on Tuesday noted that defense attorney Ulrich Busch read aloud 130 motions in the previous two court sessions. He says many repeated points were already decided and lacked "structured summaries."

He says Busch can continue to file motions, but the court will only accept them in writing.



Spain arrests lawyer linked to Saddam defense team
Legal World News | 2011/02/15 12:00
An Italian lawyer who acted as a consultant to Saddam Hussein's defense team has been arrested in Spain on suspicion of fraud, money laundering and practicing law without a licence on a warrant issued by Britain, officials said Tuesday.

Giovanni di Stefano was arrested Monday night in a mansion in Palma on Spain's Mediterranean island of Mallorca, a police official said.

Di Stefano was hospitalized after his arrest and will undergo surgery, the official said without elaborating. She spoke from Palma on condition on anonymity, in line with department rules.

Di Stefano has been living in Palma but the official said she did not know for how long.

An Interior Ministry statement said that between 2004 and 2009 di Stefano allegedly earned large sums of money in Britain, apparently without being licensed to practice law in that country. The statement quoted the European arrest order on the basis of which di Stefano was arrested.

In an earlier incident, the Italian was hired in 2003 by the wife of a man serving a life term and charged her 120,000 pounds for an appeal he never filed, the ministry said. It said di Stefano faces a total of 18 counts of wrongdoing in Britain.



WikiLeaks' Assange appears in court for hearing
Legal World News | 2011/02/10 16:54

WikiLeaks founder Julian Assange appeared in court Monday for a showdown with Swedish authorities to fight an extradition bid over sex crimes allegations.

Assange, wearing a blue suit, was flanked by two prison guards as the hearing opened at Belmarsh Magistrates' Court. Celebrity supporters Jemima Khan and Bianca Jagger, and politician Tony Benn also attended.

Assange is accused of sexual misconduct by two women he met during a visit to Stockholm last year. Defense lawyers will argue that he should not be extradited because he has not been charged with a crime, because of flaws in Swedish prosecutors' case — and because a ticket to Sweden could eventually land him in Guantanamo Bay or on U.S. death row.

American officials are trying to build a criminal case against the secret–spilling site, which has angered Washington by publishing a trove of leaked diplomatic cables and secret U.S. military files. Assange's lawyers claim the Swedish prosecution is linked to the leaks and politically motivated.

Preliminary defense arguments released by Assange's legal team claim "there is a real risk that, if extradited to Sweden, the U.S. will seek his extradition and/or illegal rendition to the USA, where there will be a real risk of him being detained at Guantanamo Bay or elsewhere."

The document adds that "there is a real risk that he could be made subject to the death penalty" if sent to the United States. Under European law, suspects cannot be extradited to jurisdictions where they may face execution.




License to Tweet? UK may restrict posts from court
Legal World News | 2011/02/08 11:09
English courts may restrict the public's freedom to post Twitter updates from inside hearings to avoid the risk of prejudicing trials, the head of the judiciary in England and Wales said Monday.

In a consultation report on the use of smart phones and live, text-based communications from court, Justice Igor Judge's office said in some instances only members of the press — not the public — attending court may be permitted to use Twitter.

"The combination of instant reporting without the self-restraint presumed to be exercised by accredited members of the media might lead to a greater likelihood of prejudicial reporting," the report said.

It added that the risks of the public sending tweets may be amplified by their informal nature, as they "usually involve less measured remarks, which are presented in a manner which invites commentary and opinion from other users, and are posted in real time with no opportunity for review."

The report follows concern that members of the public don't have knowledge of media law and could post updates that fall foul of the rules. In Britain, television cameras are not permitted to broadcast criminal cases.

The report said that courts could restrict Twitter use to accredited reporters, or consider applications from the public on a case by case basis.



Italian court to rule on Berlusconi immunity law
Legal World News | 2011/01/13 11:30
Premier Silvio Berlusconi awaits a politically-charged decision by a top Italian court this week on whether a law that shields him from prosecution complies with the constitution.

The premier is a defendant in two trials in Milan accusing him of corruption and tax fraud. Both proceedings have been suspended thanks to the legislation, but will resume if the law is overturned by the Constitutional Court.

Berlusconi has always denied wrongdoing.

With journalists jammed in the courtroom, the 15 constitutional judges opened a hearing Tuesday during which the parties will lay out their cases.

A decision is not expected until Thursday.

The law, bitterly contested by the opposition, was passed in March by Berlusconi's conservative forces who control parliament, and went into effect the following month. It marked the third attempt at shielding Berlusconi during his various stints as head of government.

The legislation suspends court proceedings for up to 18 months if the defendant has a "legitimate impediment" stemming from being premier or a member of government. It was designed as a stopgap measure to buy the conservatives time while they prepare a more thorough immunity law for top officials.



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