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Brazil police probe environment minister over timber exports
Lawyer News Source | 2021/05/19 17:36
Brazil’s Federal Police on Wednesday carried out searches to investigate whether Environment Minister Ricardo Salles and other key figures within the ministry facilitated illegal timber exports to the U.S. and Europe.

The Supreme Court authorized the search of nearly three dozen locations in Sao Paulo state, the Amazonian state of Para and Brazil’s federal district, according to a police statement.

The operation stems from a decision of the court’s Justice Alexandre de Moraes, who ordered the investigation of 10 officials at the ministry and the regulatory agency.

Nine of them were preventatively suspended from working, including agency President Eduardo Bim — but not Salles — according to a copy of de Moraes’ May 13 decision made public on Wednesday. He wrote that there appeared to be a contraband scheme with Salles’ involvement.

Local media G1 reported Salles told reporters in capital Brasilia that he understood the police operation to be overblown and unnecessary, and said his ministry always acts in accordance with laws. The ministry and regulator didn’t respond to requests for comment from The Associated Press.

The justice’s decision alleged that officials issued several certificates retroactively authorizing specific timber shipments after their seizure abroad and that subsequently, in February 2020, Salles and Bim met with lumber companies and lawmakers about exports from Para state.

Bim soon issued an order retroactively loosening requirements for “thousands of loads exported between 2019 and 2020 without respective documentaion,” de Moraes wrote. The judge’s decision also suspended Bim’s order.



Most virus-related restrictions lifted for Kentucky courts
Legal Court Feed | 2021/05/18 11:55
Kentucky’s Supreme Court has ended most coronavirus-related restrictions for the state’s court system effective immediately, Chief Justice John D. Minton Jr. said Tuesday.

The high court entered administrative orders eliminating most health and safety requirements related to COVID-19 and expanding in-person court operations, Minton said.

“After the most challenging year in the history of the modern court system, I am pleased to announce that the Supreme Court has lifted most of the COVID-19 restrictions for employees, elected officials and those entering court facilities across the commonwealth,” Minton said.
The court’s action “allows us to begin transitioning back to normal operations,” he added.

The changes include allowing in-person access to court facilities for anyone with court business, except for those who have symptoms, tested positive or have been exposed to COVID-19.

The mask mandate is eliminated for fully vaccinated people entering court facilities and for fully vaccinated court officials and employees, but those not fully vaccinated are strongly encouraged to continue using masks. Judges will be permitted to require people in their courtrooms to wear masks.

The court lifted most restrictions on jury trials but requires continuances, postponements and recusals for attorneys, parties and jurors who are ill or at increased risk of severe illness from COVID-19.



Judge: Pretrial release OK for man accused in Capitol riot
Legal Court Feed | 2021/05/14 13:41
A judge has ruled that one of two Oregon brothers accused in the insurrection at the U.S. Capitol will be released from custody Friday to a third-party guardian, where he will be on home detention and GPS monitoring pending his trial.

U.S. District Judge Randolph D. Moss, of the District of Columbia, on Thursday granted Matthew Klein’s pretrial release to a Baker County couple after refusing to allow him to stay with his parents. Moss last week cited text messages that showed Klein’s mother and father warning Matthew’s younger brother and co-defendant Jonathanpeter Klein not to broadcast their roles, noting “braggers get caught,” according to court testimony and documents, The Oregonian/OregonLive reported.

Matthew Klein, 24, and Jonathanpeter Klein, 21, both have pleaded not guilty to conspiracy to defraud the United States, aiding and abetting in the obstruction of an official proceeding, obstruction of law enforcement during civil disorder, destruction of government property, entering and remaining in a restricted building or grounds, and disorderly conduct in a restricted building or grounds.

The judge ordered Matthew Klein to be released to a woman who is retired from Baker County government and lives with her husband, a prison guard at the Powder River Corrections Facility, court documents said. He’ll be released on Friday once he is fitted with a location monitoring device.

Jonathanpeter Klein also has asked for pretrial release to a third-party guardian, under home detention and GPS monitoring. Federal prosecutors don’t object. His release hearing will be held in early June.


UK lawyer fined for defying Heathrow court ruling embargo
Law Firm Information | 2021/05/10 20:03
A British lawyer and climate campaigner was fined 5,000 pounds ($7,070) on Monday after being convicted of contempt of court for a tweet which broke an embargo on a U.K. Supreme Court judgment over Heathrow Airport’s expansion.

Tim Crosland, a director of an environmental campaign group, revealed on social media the court ruling on Heathrow Airport’s proposed third runway a day before it was made public in December. He was among involved parties to receive a draft of the appeal judgment, and has said that he broke the embargo deliberately as “an act of civil disobedience” to protest the “deep immorality of the court’s ruling.”

The court had ruled that a planned third runway at Heathrow was legal. The case was at the center of a long-running controversy and environmentalists had argued for years that the climate impact far outweighed the economic benefits of expanding the airport.

Crosland said the proposed 14 billion-pound ($19.8 billion) expansion of Heathrow, one of the world’s busiest, would breach Britain’s commitments to the Paris climate agreement.

He argued that the government “deliberately suppressed” information about the effect that the airport’s expansion would have on the climate crisis, and said the publicity gained over breaking the embargo would act as an “antidote” to that.

Addressing the court, Crosland said: “If complicity in the mass loss of life that makes the planet uninhabitable is not a crime, then nothing is a crime.”

Three Supreme Court justices found Crosland in contempt of court for his “deliberate and calculated breaches of the embargo” and fined him 5,000 pounds.

The judges said he “wanted to demonstrate his deliberate defiance of the prohibition and to bring this to the attention of as large an audience as possible.”

Crosland had brought a small suitcase to Monday’s hearing at the Royal Courts of Justice in case he was given immediate jail time. The maximum sentence had been up to two years in prison and an unlimited fine.



Ex-soldiers acquitted of 1972 murder of Official IRA leader
Legal Court Feed | 2021/05/06 20:03
Two former British paratroopers accused of the 1972 murder of an Official IRA leader in Belfast were formally acquitted Tuesday after the veterans’ trial collapsed.

Joe McCann, 24, was allegedly evading arrest when he was shot dead by paratroopers in the Markets area of Belfast in April 1972.

The trial of the two veterans, now in their 70s and identified only as A and C, opened last week at Belfast Crown Court. It was the first in years that involved charges against former military personnel who served in Northern Ireland’s bloody conflict, known as the Troubles.

But a judge ruled that evidence implicating the former soldiers was not admissible and prosecutors said Tuesday they would not offer further evidence at the trial.

McCann’s family lawyer Niall Murphy said outside the court Tuesday that the ruling “does not acquit the state of murder” and that the family plans to apply to the Attorney General for an inquest into the killing.

“This ruling does not mean that Joe McCann was not murdered by the British Army,” he told reporters. “He was shot in the back whilst unarmed, from a distance of 40 metres, posing no threat. It was easier to arrest him than to murder him.”

Joe McCann’s daughter, Aine, criticized the state for failing “at all levels” in her father’s case as well as for many other families.

McCann was wanted by the British Army and was involved in many shootings, including the 1972 attempted assassination of then-unionist official John Taylor.

Statements made by the defendants to the Royal Military Police in 1972 could not be accepted because of problems, including that the defendants were ordered to make them and they were not conducted under caution.

A second source of evidence ? statements the two men gave to a police legacy unit in 2010 ? was ruled not legitimate. The judge sided with defense lawyers on Friday, ruling that this evidence was just the 1972 evidence “dressed up and freshened up with a 2010 cover.”

Philip Barden, senior partner at the law firm representing soldiers A and C, said prosecutors should never have proceeded on the case. He said a senior judge should investigate the decision-making process “to ensure that the decision to prosecute these veterans was not political.”

Supporters of the veterans have said authorities should protect former soldiers who served in Northern Ireland from prosecutions. Former Defense Minister Johnny Mercer has called for legislation to end the “relentless pursuit of those who served their country.”

Four other cases involving the prosecution of British veterans are ongoing.



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