EGYPTAIR UPDATES

JULIAN BRAY ++44(0)1733 345581

http://www.freelancedirectory.org/?name=Julian.Bray.aviation.comment

(ISDN BROADCAST LINK ++44(0)1733 345 020) all codecs G.722 & ATX Developed for use in ISDN remote broadcasting, G.722 is the original wideband speech codec to be standardized by the ITU-T. By sampling the speech signal at 16 kHz, G.722 more than doubles the encoded speech information, providing richer sound and better clarity than narrowband speech codecs. ( (ISDN2 BT BOX INSTALLED AT HOME: LIVE LINKS AVAILABLE AROUND THE CLOCK Book slot on landline 01733 345581

Mob: 07944 217476 http://www.aviationcomment.com/ E&OE

http://www.freelancedirectory.org/?name=Julian.Bray.aviation.comment

COVERING TRANSPORTATION & ASSOCIATED POLITICAL ISSUES IN ALL FORMS plus RELATED INDUSTRIES including AEROSPACE, RAIL, AVIATION, CRUISE, FERRIES, MERCHANT MARITIME, MILITARY, TRAVEL & HOLIDAY INDUSTRIES, CAA REPORTS, TRAVEL AGENTS, ATOL ISSUES, CIVIL & COMMERCIAL AVIATION. AIRSHOW ORGANISATION & LOGISTICS.

Contact numbers 01733 345581 OR Trusty Nokia Mobile: 07944 217 476

OFFICE: 01733 345581 and answerphone

email: julianbray@aol.com

BROADCAST ISDN2 LINE: 01733 345020 ISDN DIGITAL DIAL-UP only. [ BH VENDOR #10476453 add PE28xl ]

SKYPE: JULIAN.BRAY.UK (directly wired Ethernet connection on high speed Virginmedia cable)

GLENSOUND ISDN GSGC5 LOCATION UNITS FOR PROFESSIONAL DRY HIRE

http://www.freelancedirectory.org/?name=Julian.Bray.aviation.comment

Julian Bray provides: Opinion, comment, forward thinking speculation on Travel, Cruise & Aviation: conflict zones, terrorist impact, drone (UAV) issues, safety (black boxes, emergencies), airline operations, aviation finance, political implications, and all forms of incident risk. Worked at board level with several airline and aviation groups, including Alitalia, British Island Airways, British Airways, Galileo , British Aerospace, Skyways, former CEO City firm Leadenhall Assoc. Founder CNS City News Service. Director NTN Television News (joint co. with ITV Wales TWW) Debretts People 2017 and in launch edition of PRWeek Black Book.

Direct links to a selection of television and radio contributions can be found at foot of this page. Scroll down.

Join the conversation here or on Twitter at @aviationcomment

A retweet, comment or other publication by any means does not constitute an endorsement.

Quoted Content subject to creditline 'Julian Bray'

NUJ Life Member and Equity Full Member.

During career an active MCIPR, MMC & MBDS

Main UK telephone and prime contact number 01733 345581

Mob: 07944 217476

http://www.freelancedirectory.org/?name=Julian.Bray.aviation.comment

ISDN2 Loop Test (by arrangement) 01733 345020

Download the new CAA DRONECODE HERE :

http://dronesafe.uk/wp-content/uploads/2016/11/Dronecode.pdf






Friday, 14 August 2015

LORD JANNER, the legal process behind the ordered but failed appearance of Lord Janner at Westminster Magistrates Court

LATEST: Lord Janner due to attend Westminster Magistrates Court at 2pm under revised arrangements or liable for arrest +++

+++ 14:00 A strap hanging baseball cap wearing LORD JANNER has arrived in the back of a blacked out rear window saloon car driven into the secure side entrance of the Court House at Westminster Magistrates Court. 3 other persons  in the car. 

+++ 14:05 approx. Lord Janner appears before Magistrates, 22 charges read out, Lord Janner who previously lived in Hampstead, northwest London, is yet to enter pleas to thirteen counts of indecent assault on a boy under the age of 16, five counts of buggery with a boy under the age of 16, two counts of buggery with a male aged between 16-21 without consent and two counts of indecent assault on a man aged 16 or over.

The case will next be heard at Southwark Crown Court on 1 September.

- See more at: http://courtnewsuk.co.uk/?news_id=41719#sthash.qvfwZx85.dpuf




IN THE HIGH COURT OF JUSTICE CO/3768/2015
QUEEN’S BENCH DIVISION ADMINISTRATIVE COURT

13 August 2015
BETWEEN:

THE QUEEN
(On the application of Lord Janner of Braunstone QC)
Claimant
-and
Westminster Magistrates Court
Defendant
The Crown Prosecution Service 
Interested Party


This application for interim relief is founded in a claim lodged and served on 10th August 2015 in which the Claimant challenges the 7th August 2015 decision of the Defendant Chief Magistrate (District Judge Riddle) that the Claimant is fit to attend Court so as to be sent for trial to the Crown court.

The claim pleads that his decision was unlawful and/or irrational under three heads. First, his factual finding was not on the evidence open to him, second he failed to give any or any proper consideration to an alternative method by which the Crown could begin proceedings, that is by application to a High Court Judge for a voluntary bill of indictment (“ a voluntary bill”)  which would not require the attendance of the accused, and third that enforced attendance would be a breach of the accused’s Convention rights.

The argument in play before us is on a basis so narrow as to render unnecessary an exegesis of the route to this court. A précis suffices.
      
The Claimant has been charged with offences which must be tried in the Crown court and by some means the case must progress to it. The statutory provision for such is the Crime and Disorder Act 1998, infra, contemplating an appearance by the accused at the magistrates’ court from which he would be sent to the Crown Court.

On 7th August counsel for the Crown and for the Claimant (who did not appear and was not required so to do) addressed the Defendant in the light of agreed oral expert evidence as to the latter’s health. Drs Poole and Warner are agreed that his dementia is so advanced as to preclude his understanding of or contribution to legal proceedings. Dr Poole fears a ...'catastrophic reaction' (a medical term of art to which we return below) and likely distress irritability and anger were he brought to court.
Both doctors addressed fitness to attend in the context of the Claimant's contribution to the legal process as well as his potential discomfort and distress. 

The ruling challenged.

The Defendant ruled:
“We have heard uncontradicted evidence from experts. In the context of today’s hearing he is likely to be distressed. Catastrophic distress, what it means is that the defendant may well become intolerant of the proceedings and may indeed leave. I further understand that it will have no long term effects, this is significant....[the Claimant] is fit to attend for the brief nature of these proceedings…all that is required is that he attend this court………for a comparatively brief time, he will be free to go should he become distressed and with good will on both sides this can be achieved in minutes. …..the medical view is that it won’t do him any good, but a broader test as far as the court is concerned is what is in the interests of justice. Distressing though it is, [the Claimant] is fit to attend for the brief nature of these proceedings”

He adjourned the case until Friday 14th August 2015 when the Claimant is required to attend.
            The legal framework. The Crime and Disorder Act 1998 where relevant reads:
S51 No committal proceedings for indictable-only offences. (1)Where an adult appears or is brought before a magistrates’ court (“the court”) charged with an offence triable only on indictment (“the indictable-only offence”), the court shall send him forthwith to the Crown Court for trial— 
(a) for that offence, ……………….

There exists no power in the Magistrates Court to proceed in the absence of the accused.
Discussion and conclusion. The sole question for the Defendant on the 7th August 2015 was whether the Claimant were fit to attend court for the hearing. We are not persuaded that the Defendant failed or failed adequately to consider an alternative, the application for a voluntary bill. He was not concerned with how the CPS had commenced proceedings or with the availability of any alternative. In any event, the availability of an alternative has no relevance to whether an accused be fit to attend court.

The Defendant’s task was to consider and apply the legal framework which governs the sending of an accused from the Magistrates to the Crown court. There is no necessity at that stage for an accused to contribute to proceedings since a sending to the Crown Court does not require his qualitative input.
The factual findings by the Defendant were squarely within the range of reasonable responses open to him and were findings which a reasonable person properly directing himself in law could have made. They acknowledged the nature and procedural importance of the hearing, and the principle of open justice in the presence of the accused.

           The Defendant was astute to the difference between long and short term effects. He concluded that even were the Claimant to suffer a 'catastrophic reaction', that is become distressed, irritable or angry, wave his arms about, become intolerant of the situation and leave the room, none of those reactions was certain and each would be transient. It will not be necessary for the Claimant to remain in court for the entirety of proceedings which in any event are likely to be brief. The Defendant was also content to accommodate the difficulties the Claimant endures, explaining that if the Claimant wished to leave court upon becoming distressed he would be permitted so to do so once he had made the formal appearance necessary. 

The European Convention on Human Rights

The Claimant seeks to invoke Articles 3 and 8 of the Convention, claiming that an appearance would be in breach of his rights under each.  No such argument was addressed to the Defendant.
It is simply unarguable that Article 3 is engaged.  There is no question of torture, or of inhuman and degrading treatment or punishment.  As has been pointed out, breach of Article 3 requires a "minimum level of seriousness" (Gorodnichev v Russia (2007) Application No 52058/99 paragraph 100), or a "minimum level of severity" (Pretty v UK (2002) 35 EHRR 1 para 52). A high level of suffering is usually required, variously described as "…intense …" (Iovchev v Bulgaria (2006) Application No 41211/98, para 133 and Pretty, para 52, or "… serious …" (R (Limbuela) v SSHD [2006] 1 AC 396 at [8], per Lord Bingham,.

To establish a breach of Article 3 the Claimant must show he has suffered the illtreatment he alleges, and that it amounts to a violation of Article 3: Grant v MOJ [2011] EWHC 3379 (QB) para 73. The evidence comes nowhere near achieving that. Even were any reaction by the Claimant to justify the worst fears of the experts, it would be very short lived and, as a consequence of his condition, rapidly forgotten. 

Article 8 is engaged. No parade of learning is necessary to establish that.  It provides “everyone has the right to respect for his private and family life, his home and his
       correspondence.” The Claimant asserts that the decision that he is fit to attend court will interfere with this right.  .

However, Article 8 is a qualified right and must be weighed against other considerations. In this context they include the obvious and strong public interest in ensuring those summoned to court attend when required.  Equally, there is a compelling public interest in public justice.  The Court must not become a place of avoidable spectacle, but it is very important that the route to justice should be public. 
 
The Defendant was clearly conscious of that, even if the argument before him did not focus on Article 8. Given the nature of the distress feared, and its short duration and that arrangements can minimise the effect on the Claimant, we unhesitatingly conclude that the balance comes down in favour of the Claimant’s attendance, for the brief period required.
The Defendant was not wrong in his decision. This judgement, which is that of the court, is that interim relief is refused.


JULIAN BRAY +44(0)1733 345581, Journalist, Broadcaster, Aviation Security & Operations Expert, Travel / Maritime & Cruise Industry, EQUITY, NUJ, Broadcast COOBE ISDN ++44 (0)1733 345020 (DUAL CODEC) SKYPE: JULIAN.BRAY.UK e&oe Cell: 07944 217476 or iPhone 0743 530 3145 www.aviationcomment.com # # # VENDOR 10476453 http://feeds.feedburner.com/BraysDuckhouseBlog
Post a Comment
MEDIABLOGLINES: Key in your long URL to make tiny:

http://webguidePeople.com

JULIAN BRAY ++44(0)1733 345581 BROADCAST ISDN ++44(0)1733 345 020 all codecs

MOBILE: 07944 217476

AVIATION SECURITY EXPERT, AIRLINE OPERATIONS & NATIONAL SECURITY ISSUES.

BROADCASTER, COLUMNIST & JOURNALIST. NUJ & FULL EQUITY MEMBER.

IMMEDIATE LIVE BROADCASTING VIA OWN ISDN COOBE, STUDIO & HIGH SPEED BROADBAND SKYPE

ISDN +44 (0) 1733 345020.

OFFICE +44 (0) 1733 345581

http://www.journalistdirectory.com/journalist/XLgEm/Julian-Bray




AVIATION & CRUISE, MARTIME INCIDENTS, SAFETY ISSUES, TRAVEL THREATS & PERILS, TERRORISM ISSUES, WORLD TRAVEL & INSURANCE COVER ISSUES, CONFLICT ZONES, LONDON RUNWAY, FEATURES & CORRESPONDENT RESEARCH PACKAGES. NATIONAL & LOCAL POLITICS, LAW & ORDER, LITIGATION SUPPORT.

"Adept at holding national and international politicians and business people to account, has a 'Marmite' but considered approach to politics and always well prepared" Iain Wilson

Julian Bray broadcasts and comments via ISDN +44 (0)1733 345020 (GLENSOUND C5 Dual Codec), VoIP and SKYPE >>> JULIAN.BRAY.UK <<< mobile 07944 217 476

BBC Contributor 10476453

LANDLINE number in the UK is +44(0) 1733 345581 Use this number to pre-brief or to book link.

TELEVSION AND RADIO LIVE INTERVIEWS AND CONTRIBUTIONS

RECENT FEEDS:

RUSSIA METROJET, GERMANWINGS, MH17 INCIDENTS and other RECENT TV NEWS & RADIO AUDIO FEEDS

LASER PENS BBC NEWS

Amelia Erhart Mystery BBC Wales

http://www.bbc.co.uk/programmes/b08rg0nx

Julian Bray Radio Podcasts

http://talkradio.co.uk/julian-bray

https://www.youtube.com/watch?v=weCHZDsnpEI

https://audioboom.com/boos/5133360-easyjet-results-with-aviation-expert-julian-bray

https://www.rt.com/op-edge/360687-military-intel-mh17-include/ September 2016

#BorisJohnson 'right for all the wrong reasons' to dismiss Heathrow, says @JULIANBRAY - bit.ly/2cunT2Z pic.twitter.com/Jw3PwFOasm

http://www.abc.net.au/radionational/programs/breakfast/russian-airline-rules-out-mechanical-failure-or/6907142

https://soundcloud.com/rttv/bray-7k9268?utm_source=soundcloud&utm_campaign=wtshare&utm_medium=Facebook&utm_content=https%3A%2F%2Fsoundcloud.com%2Frttv%2Fbray-7k9268

http://www.pri.org/stories/2012-01-16/why-modern-navigational-technology-didnt-prevent-costa-concordia-accident

https://twitter.com/VictoriaLIVE/status/661125924432146432

http://rinf.com/alt-news/tag/julian-bray/

http://www.marketplace.org/2012/01/16/business/cruise-ship-industry-impacted-disaster

http://www.pri.org/stories/2012-01-16/why-modern-navigational-technology-didnt-prevent-costa-concordia-accident

https://www.youtube.com/watch?v=yiKsLJxc6WA

https://soundcloud.com/julian-charles-braybray

https://soundcloud.com/julian-charles-bray

https://youtu.be/yiKsLJxc6WA?t=1m12s

http://edition.cnn.com/videos/world/2015/03/24/idesk-bray-intv-germanwings-descent.cnn

https://soundcloud.com/rttv/airbus-co-pilot

http://www.itnsource.com/shotlist//ITN/2012/03/05/T05031202/http://www.itnsource.com/en/shotlist/ITN/2010/11/04/T04111005/#videoPopUpDiv

https://audioboom.com/boos/3579946-why-has-the-low-cost-airline-industry-been-thriving-morningmoney

http://talkradio.co.uk/news/airport-expansion-boris-johnson-right-all-wrong-reasons-dismiss-heathrow-1609164227

http://www.msn.com/en-us/news/royalbaby/russian-passenger-jet-crashes-in-central-sinai/vp-BBmEGu9

http://edition.cnn.com/videos/world/2015/10/31/russian-passenger-jet-plane-crashed.cnn

https://audioboom.com/boos/3289201-billybambrough-brings-us-the-latest-from-the-paris-air-show-morningmoney

http://edition.cnn.com/TRANSCRIPTS/1510/31/cnr.22.html

https://soundcloud.com/rttv/bray-7k9268?utm_source=soundcloud&utm_campaign=wtshare&utm_medium=Facebook&utm_content=https%3A%2F%2Fsoundcloud.com%2Frttv%2Fbray-7k9268

https://www.rt.com/op-edge/323287-su24-fighter-russia-turkey-syria/ Scroll down final VT

https://audioboom.com/boos/3918847-a-new-aviation-strategy-julianbray-oliver__clark-talk-on-the-europeancommission-s-airline-announcement

https://audioboom.com/boos/3933313-julianbray-talks-on-the-airport-expansion-delay-the-heathrow-bid-is-frankly-illegal

https://audioboom.com/boos/4241311-a-closer-look-at-the-deal-to-buy-london-cityairport-with-aerospace-specialist-julianbray


http://www.cbc.ca/i/caffeine/syndicate/?mediaId=2685621754 AIR DUBAI CRASH MARCH 2016 Television 2-way with CBC Canada via 'upmarket' SKYPE

https://ca.news.yahoo.com/video/plane-circled-airport-bad-weather-110053170.html AIR DUBAI CRASH 19/03/2016 Julian Bray first reaction

https://audioboom.com/boos/4368310-is-the-aerospace-sector-in-trouble-julian-bray-discusses-as-boeing-plans-to-cut-thousands-of-jobs

Julian Bray Broadcaster Radio Podcasts Selection