'Respect Zuma judgement' Sep 14, 2008
Last Updated: 07:22am 13 Sep 2008. 3 23 SPONSORED LINKS. (iAfrica.com)
Court clears Zuma's path to South African presidency Sep 13, 2008
When the chief prosecutor brought charges against Shaik, he announced that though he also had prima facie evidence against Zuma, who was then the nation's deputy president, he did not consider that case to be winnable, a rather odd presentation that all at once freed Zuma from prosecution and tarred him with guilt. Shaik was convicted in 2005, and soon after, Mbeki fired his deputy president, a public humiliation that set up the rivalry for the control of the African National Congress. (International Herald Tribune)
NPA's plan to punish Zuma backfires Sep 13, 2008
The judge detailed the NPA's handling of the case against Zuma from 2003, when Bulelani Ngcuka, then national director of public prosecutions (NDPP), publicly announced that the state would not try Zuma for corruption despite claiming to have a prima facie case against him, to acting NPA head Mokotedi Mpshe's decision to recharge Zuma after he defeated Mbeki at Polokwane. The timing of this decision, the judge said, was "most unfortunate". (Independent Online)
Gold medallists, share the silver Sep 6, 2008
" Prima facie, it looks like he's lost again. Scottish journalist to cyclist Chris Hoy, who won three golds for Britain at the Olympic Games: "In the last 24 hours everyone has been offering an opinion on Chris Hoy. But what does Chris Hoy think of Chris Hoy. (Sydney Morning Herald -- Sport)
Former MTDC boss acquitted of CBT Sep 6, 2008
Judge S.M. Komathy Suppiah said there was no prima facie case against Datuk Anuar Md Nor, 53, who was accused of misappropriating the shares entrusted to him on Dec 16, 1999 in Desa Pandan. She said it was clear that MTDC was the beneficial owner of the shares and there was no evidence to show that the purchase of the shares was done in breach of the companys memorandum. (The Star Online, Malaysia -- News)
CP Council approves regional water project Sep 5, 2008
First readings were heard for the setting of prima facie speed limits on Ronald Reagan Boulevard and RM 1431. The speed limit for Ronald Reagan Boulevard will be set at 60 mph within the city limits, as currently posted. (Cedar Park Hill Country News Weekender, TX)
Oh Baby! The Spears-Palin Connection Sep 4, 2008
Leering (eye balling) is prima facie for a charge of sexual harassment. Watch McCain checking out Sarahs A. (Washington Post)
No to FIRs: States okay with punishing cops Sep 3, 2008
Arguing for insertion of a preliminary inquiry mechanism, the states said such an inquiry before registration of complaint would prevent people from resorting to false or vindictive FIRs just to harass others, apart from testing, prima facie, the truthfulness of the complaints. These states said experience showed that in three categories of cases economic, matrimonial and eloped marriage a preliminary inquiry helps parties to compromise as they realise the futility of proceeding with a... (India Times, India -- Community News)
Brand Power: RIL king of brands at $6.8 bn Sep 2, 2008
Prima facie, the BF Top 50 study doesnt show any dramatic shift in last years line-up. The top brands are evenly spread out across sectors pretty much like last year, reiterating the fact that brands can create significant value even outside the traditional consumer goods sector. (India Times)
Engineer's body found Sep 1, 2008
Prima facie, it appears to be suicide as the doors were locked from inside. However, our theory will be confirmed once we get the postmortem report, said a senior investigating officer. (Times of India)
Bihar slams CBI U-turn in case against Lalu Aug 29, 2008
The government said: It does create an impression that the CBI has chosen to oppose the government s appeal under extraneous circumstances, otherwise an agency which investigated the offence, found prima facie material for submission of a charge sheet and conducted the prosecution, is not expected to take a complete U-turn and question the bona fides of a governmental appeal, which if allowed would stand to establish the credibility of the CBI and the investigation conducted by it. It said:... (Hindu)
Barisan backbencher: Don't blindly support DNA Bill Aug 28, 2008
"As MPs, can we be sure that there wont be any mistake or negligence in the collecting of DNA samples? asked Anifah, adding that DNA proof should be regarded as prima facie evidence instead. In their debate, most of the backbenchers had recommended for the Bill to be passed, arguing that this was long overdue. Anifah also questioned the appointment of a police officer to head the DNA databank, as this was inappropriate due to the conflict of interest, adding that it was better and fairer... (The Star Online, Malaysia -- News)
Shahbaz Husain remanded to police custody in Jaipur Aug 27, 2008
Mr. Bains said the case against Shahbaz and others was based on the alleged admissions of the prime suspects before the Gujarat police and added that the Rajasthan police were yet to build prima facie evidence against the accused. Investigation is still in progress and the suspects role in the crime will be uncovered shortly. (Hindu)
HC encroached on our powers: BCI Aug 24, 2008
Since then the case is lumbering along in the preliminary stage (while HC has come out with its verdict) where members of BCD are trying to establish prima facie guilt of the accused. Only once the members are convinced that charges stick with Khan and Anand's case be forwarded to the disciplinary committee for start of proper trial against them. (Times of India)
Rajrishi Singhal: Competion Act Aug 20, 2008
Prima facie, it seems to be the handiwork of a bunch of people who were nourished on the economic rent built into the licence raj system and are now desperate to restore their cash flows to the pre-reforms era. They may have just hit upon the perfect system. (India Times)
Crime and Warfare: An Anatomy of Terror Aug 20, 2008
Take Colombia's sad experience as a particularly prima facie example. All but the most ritually blind Marxists now concede Colombia's "leading insurgent army," the Revolutionary Armed Forces of Colombia (FARC), is a narcotics cartel with a residual political agenda. (Townhall.com)
US court told of Hogan's 'naked' tax claims Aug 20, 2008
"He has failed to carry that burden Naked arguments and bald assertions without evidence in support of such allegations are insufficient to rebut a prima facie case for summons enforcement.". Hogan's lawyers argued last week that Australian tax officials were seeking tax returns from years when the comedian was not an Australian resident and for companies he established in the US that did not do business in Australia. (Sydney Morning Herald -- Australia)
Minnesota Judge Sustains Coalition for a Democratic Workplace Television Ads Aug 20, 2008
In an Order dated August 6, 2008, the ALJ found the Complainant had alleged prima facie violations of Minn ... In a separate Order also dated August 6, 2008, the ALJ found the Complainant had alleged a prima facie violation of Minn ... As noted above, Ms. Bentz, Mr. Rouen, and Mr. Curatola were dismissed at the prima facie stage. (Yahoo! Wire -- Entertainment News)
1 killed in Mumbai building collapse Aug 19, 2008
"Prima facie, the reason of the collapse is settlement in the foundation. Due to the monsoon, rainwater and dust get collected in the foundation, making it brittle," he added. There will be an audit soon for the remaining portion of the building. (India Times, India)
N.J. Supreme Court Judge Can Be Sued Personally for Alleged Civil Rights Breach Aug 19, 2008
One count said he was liable for the malicious abuse of process, another said his action against Larkin was age discrimination and another said he committed a prima facie tort. Rivera-Soto's lawyer, Bruce McMoran of McMoran, O'Connor & Bramley in Manasquan, N.J., says the dismissal of these counts reduces Larkin's chances of ultimately prevailing. (Law.com)
South Africa: Criminal Justice System Near Breakdown Aug 18, 2008
The review showed a large proportion of the 2-million crimes reported annually are never solved, and that even if perpetrators were found, a "substantial" number of cases were withdrawn as they did not establish a prima facie case. Nearly half of crime scenes are never visited. (allAfrica.com)
Single Anti-Gay Remark Sufficient for Hostile Workplace Claim, N.J. Court Says Aug 15, 2008
Calling an employee a "stupid fag" just once is ground for a prima facie case of hostile workplace discrimination based on sexual orientation, a New Jersey appeals court has ruled. The Appellate Division on Wednesday reinstated a gay man's suit against Merrill Lynch, his former employer, likening it to a 1998 state Supreme Court precedent, Taylor v. Metzger, that allowed a hostile workplace claim to be based on a single racial slur. (Law.com)
Pay hike: Armed forces officers get reason to cheer Aug 15, 2008
Navy chief Admiral Sureesh Mehta, also the chairman of the chiefs of staff committee, however, said: "Even as more details are awaited, prima facie, all the concerns of the defence forces appear to have been suitably addressed.""Increase in MSP of PBOR and compensation for middle-rung officers are particularly heartening. The decision to credit arrears with effect from January 1, 2006, is most welcome," he added. Well, unlike the jawans, the officer cadre certainly has some reason to celebrate. (India Times, India -- Community News)
Local gas prices should be probed Aug 15, 2008
Newman wrote on Aug 14, 2008 10:01 AM:" Uniform prices charged by sellers of a good or service are not prima facie evidence of collusion among these sellers. This same uniformity of prices emerges from highly competitive markets in which homogeneous goods or services are exchanged. We need look no farther than prices received by farmers for such products as wheat, corn, alfalfa hay, etc. to see this to be the case. Does anyone suspect, for example, that the farmers in Cache Valley - all... (Logan Herald Journal, UT)
Population Bomb Author's Fix For Next Extinction: Educate Women Aug 14, 2008
That people starve is not prima facie evidence that Erlich's population bomb (or its intellectual descendant) is exploding. If the number of people starving were INCREASING, it might be so. (Scientific American)
* UN uncovers proof of sexual abuse by Indian peacekeepers Aug 14, 2008
A UN probe revealed prima facie evidence that Indian peacekeepers previously assigned to the UN mission in DRC (MONUC) may have engaged in sexual exploitation and abuse, a UN statement said. The case involved the abuse of young girls and in some cases boys by at least 100 Indian peacekeepers over a period of several years, a UN official familiar with the probe said, speaking on condition of anonymity. (Taipei Times, Taiwan -- World)
UN official underscores zero tolerance for sexual misconduct Aug 14, 2008
An investigation by the UN has found prima facie evidence that troops with an Indian contingent in the mission, which is known as MONUC, may have engaged in sexual exploitation and abuse. Gaye noted that there are 17,000 troops deployed in the DRC, "some of them doing their task in very tough conditions and the misbehaviour of just one peacekeeper may tarnish their image and all their work.". (Economic Times)
UN probes Indian abuses in Congo Aug 13, 2008
A UN statement said an internal investigation "revealed prima facie evidence" that the Indian troops in the UN's Congo mission Monuc "may have engaged in sexual exploitation and abuse". The cases occurred over a period of several years, a UN official told Agence France-Presse and the troops were now back in India. (BBC News)
Abuse By Blue Helmets in DRC Troubles UN Chief Aug 13, 2008
Secretary-General Ban Ki-moon said today he was "deeply troubled" by the outcome of a probe that has revealed prima facie evidence that a number of Indian peacekeepers, previously assigned to one of the units with the United Nations mission in the Democratic Republic of the Congo (DRC), may have engaged in sexual exploitation and abuse. "He reiterates, in the strongest possible terms, that such behaviour, if substantiated, is wholly unacceptable and that disciplinary action to the maximum degree... (allAfrica.com)
Train collision kills one Aug 13, 2008
Prima facie it appears that the accident was either caused by the drivers negligence or a fault in the air-brake system of the train. The engine records will be examined to assess the exact reasons by an enquiry-team, said V.K. Jaiswal, Additional GM, Northern Railways. (Hindustan Times)
No wine on the menu Aug 13, 2008
According to Andrew Upton, the attorney for Vintner s, because this was a new concept, the ABC Board recommended that Wilmington selectmen needed to agree to have the town counsel issue a letter rebutting the presumption that the delivery of alcohol is a prima facie evidence of a sale. Town counsel, however, prefers the business have a pouring license. (Wilmington Advocate, MA)
Making the Case Against Obama Aug 11, 2008
There is a case against Barack Obama -- a good one -- and according to David Freddoso, its a prima facie case. Beginning with one of the most thorough examinations of the utterly corrupt Chicago political machine that gave birth to Obamas political life, Freddoso, a reporter at National Review, moves on to explore the messianic image Obama has created for himself, and which a worshipping media evangelizes. (Newsmax)
FLASH: Cheney and Bush both speaking first night of convention... Aug 9, 2008
Jonathan Martin's Blog: Cheney will speak at GOP convention - Politico. Nancy Pelota, More unopular than the extremely unpopular Cheney. (The Drudge Report)
Back to Kenneth Rogoff's Austere Future Aug 8, 2008
In a last week for the Financial Times titled The world cannot grow its way out of this slowdown , Rogoff said much the same, arguing that the huge spike in global commodity price inflation is prima facie evidence that the global economy is still growing too fast. Rogoff s basic message is that in order to insure long-term economic health, we must crash the world economy now. (Forbes -- Markets)
Justices OK Juror Challenges Involving Prosecutor From Controversial Training Tape Aug 5, 2008
"Appellant was required to establish a prima facie case of purposeful discrimination in certain peremptory challenges made by the Commonwealth before the Commonwealth was required to provide race-neutral reasons for those challenges," Castille wrote for the majority ... A Batson claim first requires that the defendant make a prima facie demonstration leading a judge to infer that the prosecutor removed jurors for racial reasons, Castille said ... The majority in Cook said that while Cook met his... (Law.com)
Associate's Sex Discrimination Claims Proceed Against Firm Aug 5, 2008
In a 53-page opinion issued last week, Southern District of New York Judge Kimba M. Wood said Catriona Collins had established a prima facie cases of discrimination and retaliation against her former firm. The judge said remarks by Cohen Pontani managing partner Martin B. Pavane that Collins was insufficiently "sweet" in dealing with a paralegal "could be construed as reflecting discriminatory animus.". (Law.com)
CBI seeks ministry nod to grill Chennai lab ex-director Aug 5, 2008
Sources in the CBI said the ledger entries, copies of which are available with TOI, suggest a prima facie case against the former director, who has been removed from the post following a Madras High Court ruling on July 18. Elankeswaran was also holding the post of the director of Pasteur Institute, Coonoor. (India Times, India -- Community News)
Another ashram schoolboy dead Aug 1, 2008
But Chhindwara SP RK Shivhare said: Prima facie evidence has established it is a case of foul play. IG (Jabalpur Range) MR Krishna said post-mortem reports in both cases were awaited. (Hindustan Times)
Former US Comptroller General Speaks Out on Accountability and Transparency Jul 31, 2008
He writes, " ... we currently face a political and ideological stalemate in Washington. Too many of today's elected officials are vested in the status-quo, support a de-facto 'Do Nothing Plan,' and are waiting for a crisis before they act. This serves as prima facie evidence of this nation's current leadership deficit and it must change for the sake of our country and families." View Mr. Walker's blog and comment at About AGA: The Association of Government Accountants is a 15,000-member... (PR Newswire)
Federal Judge: Prima Facie Claim Not Needed for Punitive Damages Discovery Jul 31, 2008
Instead, Munley said, the courts have consistently held that "when punitive damages are alleged, the weight of authority requires that a defendant disclose his financial condition in pretrial discovery without requiring a prima facie showing of punitive damages to justify discovery.". Nonetheless, Munley said he recognized that the information the defense was seeking to protect "could contain matters sensitive to the defendants' business.". (Law.com)
Anti-dumping probe on fibre boards Jul 31, 2008
The directorate has said that there is sufficient prima facie evidence of dumping of MDF boards from these countries. Injury to the domestic industry is linked to the dumping, leading to launch of the anti-dumping probe. (India Times)
Girl: Brother raped me in our parents bedroom Jul 31, 2008
Judge Nursinah said she found that the prosecution, which called seven witnesses, had made out a prima facie case. On hearing the court's decision the accused asked for time to discuss his next course of action with his lawyer, who is now overseas. (The Star Online, Malaysia -- News)
Is the Ghanaian Judiciary independent? Jul 31, 2008
If the case is prima facie, a committee formed by the Chief Justice and the Judicial Council is empanelled to inquire into the matter and make recommendations to the president, and the president is obliged to follow the recommendations of this committee ... Since in the case of the Chief Justice the Constitution does not explicitly require a prima facie case to be established before the process of removal is instituted, it makes it easier for a president to remove a Chief Justice who would not... (Ghana Web, Ghana)
Coalition for a Democratic Workplace Applauds Court Dismissal of Minnesota DFL Complaint Jul 30, 2008
After reviewing the Complaint and attached documents, the undersigned Administrative Law Judge has determined that the complaint does not set forth a prima facie violation of Sec. 211B.06 ... (2) For purposes of a prima facie determination, the Complainant must detail the factual basis to support a claim that the violation of law has occurred ... The Administrative Law Judge concludes that the Complaint does not allege sufficient facts to support a prima facie violation of Minn. (PR Newswire)
Greg Baum The AFL is insulated from the forces of globalisation now, but for how long? Read more Jul 30, 2008
Competition law says restraint of trade is prima facie illegal, but makes two exceptions: that it is reasonable in the circumstances, and that it is in the public interest. If challenged, the AFL would argue strenuously about public interest, saying that the salary cap and draft have made the competition what it is today a competition and that it is preferable by far than to have Collingwood, Carlton and Essendon play each other, ad nauseum. (The Age, Australia)
Creem: Why I voted against Jessicas Law Jul 30, 2008
Such evidence will be admissible as prima facie evidence to apply mandatory minimum sentences to repeat offenders. I see this as a violation of the federal and state Constitutional rights of a defendant to confront accusers, and I believe my position is supported by recent rulings of the U.S. Supreme Court, which has barred similar efforts to offer evidence of prior convictions in lieu of witness testimony. (Newton Tab, MA)
Marine tycoon to enter his defence Jul 29, 2008
Nik Sapeia, 53, looked despondent and shook his head several times when magistrate Azman Mustapha said the prosecution had a prima facie case against him and fixed trial for Dec 15 to 19. His wife Datin Dr Suraini Yahya and their four children together with PPP president Datuk M. Kayveas, who was present for moral support, looked stunned as an air of silence descended onto the crowded room. (The Star Online, Malaysia -- News)
Panel upholds D.A.'s policy on plea deals Jul 29, 2008
In the decision, the judges described a preliminary hearing as a forum in which "a defendant may call witnesses in his own behalf ... only to negate the existence of a prima facie case, and not merely for the purpose of discovering the commonwealth's case." The three judges found that the D.A.'s "policy" is constitutional. Green hailed the decision, which he said simply solidified what has been the existing law for some time. (The Delaware County Times, PA)
Zuma judge named Jul 29, 2008
At the time Ngcuka announced Zuma would not be prosecuted despite prima facie evidence linking him to wrongdoing in the government's multi-billion rand arms acquisition deal. This decision, say Zuma's legal team, has never been reversed by Ngcuka's successors Vusi Pikoli and Mokotedi Mpshe. (iAfrica.com)
Tycoon to defend charge of injuring Dr M Jul 28, 2008
Magistrate Azman Mustapha, in making the order, said the prosecution had made out a prima facie case against Nik Sapeia, 53, who is charged under Section 324 of the Penal Code for injuring them by spraying a substance which posed a danger to the body when inhaled. Azman set Dec 15 to 19 for the hearing. (The Star Online, Malaysia)
Nigeria: Anti-Graft Group Receives Report on Power Sector Jul 23, 2008
"I have to do a meticulous job and be certain that I have a prima facie case before I take anyone to court."Majority of Nigerians, especially the less educated ones, want to see every day on television where big men are taken in leg chains and handcuffs but I am being proactive. "I am doing the preventive and I am setting strategies in place so that I will prevent this,'' she said, adding that treating suspects in such a manner would not add anything to the common man."If I prevent the looting,... (allAfrica.com)
Nigeria: Ribadu Denies Ownership of Dubai Mansion Jul 23, 2008
An order compelling the Inspector-General of Police to conduct an investigation into the allegation of corruption preferred against Ribadu with a view to arresting and or prosecuting him where the allegation discloses a prima facie case of corruption. In a 15 paragraph affidavit accompanying the writ, the two lawyers said that they are citizens of Nigeria tax-payers and registered voters with civil obligation to join in the fight to eradicate corruption in the country. (allAfrica.com)
Now, Madonna in a sex-tape scandal Jul 22, 2008
He would be prima facie guilty of voyeurism. Instead of making a million hed be going to jail for a few years. (India Times, India)
Jurers 'can't be trusted' on Ferguson Jul 22, 2008
Both parties also touched briefly on the strength of the crown case, with Mr Moynihan arguing Ferguson should stand trial as two judges had already ruled there was a prima facie case. However, Mr Callaghan described the crown case as "bald to the point of embarrassment". (Melbourne Herald Sun)
Motata claims bias Jul 22, 2008
"The evidence is clearly relevant. It is prima facie accurate. The test should be put no higher than that at this stage.". Van Zyl said Baird was a victim in that his property had been damaged. (iAfrica.com)
Unions accuse Telstra of dirty tricks Jul 21, 2008
" The documents also showed Telstra management knew it was operating on slippery ground and provided managers with tips on how to avoid allegations of coercion or duress during the drive to increase AWAs, Mr Lawrence said. The Workplace Ombudsman last week cleared Telstra of forcing employees to sign industrial agreements. But the report, released on Friday, found a prima facie case against a Telstra manager who allegedly sought to illegitimately influence three employees to accept AWAs. Telstra... (The Age)
Choice whisky expands Jul 17, 2008
In an order dated July 11, the court took a prima facie view that the label and bottle of Original Choice could not be passed off as Officers Choice. The judge said: I am unable to arrive at the conclusion that Original Choice made any misrepresentation in the course of trade to prospective consumers much less that such alleged misrepresentation is calculated to injure the business or goodwill of Officers Choice. (India Times)
Board says no to liquor store Jul 16, 2008
According to Andrew Upton, the attorney for Vintner s, because this was a new concept, the ABC Board recommended that the Wilmington selectmen needed to agree to have Town Counsel issue a letter rebutting the presumption that the delivery of alcohol is a prima facie evidence of a sale. Town counsel, however, concluded that this was a very complicated issue and preferred the business have a pouring license. (Wilmington Advocate, MA)
Doc beaten up, robbed in Mayur Vihar Jul 14, 2008
"We have information that the doctor had a tiff with one Mohit Sharma and his brother-in-law, Dinesh Sharma, on July 5 near his clinic. Prima facie, it looks like a case of road rage where the Sharmas might have been involved," said a senior officer involved with the investigations. "We are investigating the case and a few detentions and arrests will be made soon. For now, we have registered a complaint and an FIR will be lodged, based upon our investigations. The Innova belonging to the Sharmas... (India Times, India)
Man killed, 3 drown in picnic tragedies Jul 14, 2008
Zonal DCP R D Shinde told TOI : "Prima facie, it looks like an altercation between two parties turned ugly. Patil's attackers fled into the forested hills next to the waterfall, and we have deployed over 50 policemen to catch them." There was tension in Airoli and Rabale following the incident. Meanwhile, the other picnic tragedy took place behind the Bharatiya Vidyapeeth engineering college in Kharghar. (Times of India)
Court to rescue of old NRI couple Jul 13, 2008
Such was the plight of the old illiterate couple, that the judge was moved to observe: "Prima facie, the apprehensions expressed by the petitioners have proved to be correct as the so-called investigation against them appears to have been influenced by a retired police official whose wife appears to be the main suspect.". Castigating serious aspersions on the police's modus-operandi, Justice Surya Kant stressed that the investigating officer could not have arrived at a fair and just conclusion... (India Times, India)
Framed by the law Jul 13, 2008
Under the law, the police can certainly arrest a suspect, but not without having enough prima facie evidence to show his complicity in a crime. When they fail to do so, they are liable to be proceeded against, both in courts as well as departmentally. (India Times, India)
N.Y. Court Defines Test for Obtaining Identities Behind Online Posts Jul 13, 2008
Westchester County Court Judge Rory J. Bellantoni held that after Richard Ottinger and his wife notified the online contributors of their right to intervene anonymously and stated a prima facie case of defamation against the fictitiously named defendants, the couple had sufficiently satisfied the standard necessary to pierce the free speech rights of the writers who allegedly posted false comments about the Ottingers on a Web site operated by The Journal News ... A plaintiff must also identify... (Law.com)
Mythili Bhusnurmath: Lisbon Treaty Jul 7, 2008
Prima facie there's no reason why Ireland's rejection of the Lisbon Treaty last month should be of anything more than passing academic interest to India. But juxtapose it with the increasingly loud rumblings of state governments over sharing of tax revenues, including the Gujarat chief minister's now infamous challenge that he does not need any revenue from the Centre, their unhappiness over the Centre's 'interference' (witness the controversy over SEZs in Goa) and the flexing of muscle by... (India Times)
Nuttall's co-accused to stand trial Jul 7, 2008
Former WorkCover Queensland director and mine co-owner Harold Shand was due to face a committal hearing alongside Nuttall on Monday but his barrister Tony Glynn told Brisbane Magistrates Court there was a prima facie case against his client. Shand is accused of making a corrupt $60,000 payment in April 2002 to the then industrial relations minister Gordon Nuttall. (The Age)
