Latest news with #legalappeal
Daily Mail
2 days ago
- Politics
- Daily Mail
Judge risks diplomatic spat after ruling Foreign Office must look again at providing help to Palestinian family who are trying to flee Gaza for Britain - after using scheme designed for Ukrainian refugees
A High Court judge has urged the Foreign Secretary to 'think again' about a decision to refuse consular assistance to a Palestinian family-of-six who were given permission to join a relative in Britain. The mother, father and their four children have been attempting to flee Gaza since they were granted the right to settle in the UK in January after applying through a scheme meant for Ukrainian refugees. Their application was initially rejected by the Home Office whose lawyers said it could set a precedent and lead to 'the admission of all those in conflict zones with family in the UK.' However they were victorious in an appeal to an Upper Tribunal judge. But the family have remained in Gaza as they need consular support to leave via Israel and the permission of the Israeli Government. Foreign Secretary David Lammy has refused this on several occasions with the Foreign Office warning that such a move would be equivalent to a 'quasi-repatriation' and could even impact Britain's 'diplomatic relationship' with Israel. Lawyers acting on behalf of the Foreign Office told the High Court that interference 'would require the court to enter the forbidden area of foreign relations.' However in a ruling handed down this afternoon, Mr Justice Chamberlain sided with the family and said the most recent decision in June not to provide consular support was 'flawed' and 'cannot stand.' 'This does not mean that the Foreign Secretary is obliged to decide in the claimants' favour, just that he must think again,' he said. The case attracted national attention in February when the Prime Minister said a judge who granted the family the right to live in the UK after they applied through the Ukrainian refugee scheme was 'wrong.' Hugo Norton-Taylor, an upper tribunal judge, had allowed the family to come to the UK on the basis of their right to a family life under article 8 of the European convention on human rights (ECHR). The parents and their children – the two youngest aged nine and seven – were seeking to join the father's brother in the UK. The court heard he came to Britain in 2007 and is now a British citizen. Both the father and his brother worked for the security services of the Fatah-controlled Palestinian Authority, which are political opponents of Hamas. Responding to a question from Conservative leader Kemi Badenoch during PMQs about the case, Sir Keir Starmer said: 'I do not agree with the decision. She is right, it is the wrong decision.' The family applied for the right to live in Britain under the Ukraine Resettlement Scheme as they believed it 'most closely matched their circumstances.' It prompted Downing Street to say the 'loophole' would be closed. Set up in March 2022, the Ukraine scheme allowed Ukrainian nationals and their family members to come to the UK if they had a relative who was a British citizen or settled in the UK. Some 72,000 visas were issued before it closed last February. In his 29-page ruling, Mr Justice Chamberlain said that the family's apartment block was destroyed in October 2023 after they were given a 10-minute warning from the Israeli military, and they now live in a tent. He continued that they have 'very little food and no effective sanitation' and remain 'at constant risk of injury or death.' He said that three of the family members had been fired upon by Israeli forces close to an aid distribution site, and one had been hit by shrapnel from a tank shell - but had been unable to access proper medical treatment. He added: 'Although they have no anterior right to assistance, the effect of the challenged decision is to deny a family of six, including two minor children, the opportunity to escape from a place where they face the daily danger of death or injury from military action or starvation.' Responding to an argument that it could open the 'floodgates' for similar requests, the judge said that around 38 such requests for support had been made since May by people eligible to come to Britain, however the total number is unknown. Criticising the Foreign Office, he said: 'If a decision-maker is concerned that acceding to a request in one case risks opening the floodgates, he or she ought to make some attempt to understand whether what lies behind the gates is really a flood, or only a trickle.' A government spokesperson said: 'We have received the court's judgment and are considering it carefully before responding.'
BreakingNews.ie
2 days ago
- BreakingNews.ie
Bruce Springsteen 'wouldn't be too happy' music used to breach safety order, court hears
A man who broke a safety order by sending a woman videos of a Bruce Springsteen concert has had his conviction removed on appeal. Judge Christopher Callan said that he was sure Springsteen 'would not be too happy' to see his music being used in this way and that the man's actions were not in line with the singer's message as a performing artist. Advertisement The man, who cannot be named for legal reasons, pleaded guilty in the District Court to the breach of a safety order contrary to section 33 (1) of the Domestic Violence Act 2018. He received a one-month suspended sentence in March 2025 and later lodged an appeal against the severity of that term. Garda Rachel O'Mahony told the District Court Appeals Court that on June 20th, 2024, the injured party reported to gardaí that the man had breached a safety order on three different occasions. She said that on dates between February 2nd, 2024, and June 20th, 2024, the man sent the injured party text messages to her mobile phone. Advertisement Garda O'Mahony said that these messages included videos taken at a Bruce Springsteen concert in Croke Park and a YouTube link. He said that the woman said that this communication put her in fear. She also presented a victim impact statement to the judge which was not read aloud in court. Defence counsel for the man, Seosaimhín Ní Chathasaigh BL, said that her client cooperated fully with the gardaí and did not dispute the charges. She said that he has sincere remorse for the hurt caused by his actions and this is not a pattern of behaviour which will continue in the future. Advertisement Ms Ní Chathasaigh confirmed to the judge that the safety order has already been extended to last until 2030 with consent from her client. She said that her client is not seeking to avoid accountability but having a conviction would have life-altering effects in regards to his employment or possible future travel. Judge Callan said the victim impact statement was very clear about the extent of the fear that the injured party experienced. He said that the videos were 'intending to give a certain message' to the injured party, which was explained in her victim impact statement. Judge Callan decided to remove the man's criminal conviction on the condition that he pays a donation of €1,000 to Women's Aid, noting that the safety order remains in place until 2030.
Irish Times
2 days ago
- Irish Times
Man who sent Springsteen concert videos has conviction for breaching order removed
A man who broke a safety order by sending a woman videos of a Bruce Springsteen concert has had his conviction removed on appeal. Judge Christopher Callan said that he was sure Springsteen 'would not be too happy' to see his music being used in this way and that the man's actions were not in line with the singer's message as a performing artist. The man, who cannot be named for legal reasons, pleaded guilty in the District Court to the breach of a safety order contrary to section 33 (1) of the Domestic Violence Act 2018. He received a one-month suspended sentence in March 2025 and later lodged an appeal against the severity of that term. READ MORE Gda Rachel O'Mahony told the District Court Appeals Court that on June 20th, 2024, the injured party reported to gardaí that the man had breached a safety order on three occasions. She said that on dates between February 2nd, 2024, and June 20th, 2024, the man sent the injured party text messages to her mobile phone. Gda O'Mahony said that these messages included videos taken at a Bruce Springsteen concert in Croke Park and a YouTube link. Gda O'Mahony said the woman said this communication put her in fear. She also presented a victim-impact statement to the judge that was not read aloud in court. Defence counsel for the man, Seosaimhín Ní Chathasaigh BL, said her client co-operated fully with the gardaí and did not dispute the charges. She said he has sincere remorse for the hurt caused by his actions and this is not a pattern of behaviour that will continue in the future. Ms Ní Chathasaigh confirmed to the judge that the safety order has already been extended to last until 2030 with consent from her client. She said her client is not seeking to avoid accountability but having a conviction would have life-altering effects in regards to his employment or possible travel. Judge Callan said the victim-impact statement was very clear about the extent of the fear that the injured party experienced. He said the videos were 'intending to give a certain message' to the injured party, which was explained in her victim-impact statement. Judge Callan decided to remove the man's criminal conviction on the condition he pays a donation of €1,000 to Women's Aid, noting the safety order remains in place until 2030.
CTV News
4 days ago
- CTV News
Crown has 30 days to appeal judge's decision in world junior sexual assault trial
The clock is now ticking for crown attorneys to file an appeal regarding the not-guilty verdicts in the world junior sexual assault trial.
Irish Times
5 days ago
- Politics
- Irish Times
Sallins train robbery: Man (75) seeks to have wrongful conviction declared miscarriage of justice
A judge has said 'every effort should be made' to progress matters in an application by a man who is attempting to have his wrongful conviction more than 45 years ago for the Sallins train robbery declared a miscarriage of justice. The mail train robbery took place on March 31st, 1976 when the Cork-to-Dublin train was robbed near Sallins in Co Kildare and an estimated £200,000 stolen. Osgur Breatnach (75) was one of five members of the Irish Republican Socialist Party who were subsequently arrested. Mr Breatnach was found guilty and sentenced to 12 years by the Special Criminal Court but his conviction was quashed in May 1980 after the Court of Criminal Appeal ruled that his confession had been obtained under 'oppression'. READ MORE He is now seeking to have his wrongful conviction declared a miscarriage of justice. Mr Breatnach's case was raised briefly on Friday during a case management list at the Court of Appeal where barrister Miceál O'Connor told the court he appears for Mr Breatnach instructed by KRW law. Mr Justice Edwards, presiding, said he had read the paperwork, which clearly raised 'serious issues'. He said it was a matter for the State to reply to Mr Breatnach's affidavit and noted that as 'very significant issues are raised' a considerable amount of time would be required to allow the DPP time to respond. The judge said he would put the matter back for three months and adjourned the case to October 24th. A State solicitor asked for 'a little longer' given the court's upcoming long vacation. Mr O'Connor said he believed three months was sufficient. 'We can see where we are at that stage,' he added. Mr Justice Edwards refused the request, saying: 'I'm not closing the door to more time, but I think every effort should be made to try and progress the matter in the next three months.' Following today's hearing, Mr Breatnach's solicitor Kevin Winters of KRW Law confirmed the company has filed an application to the Court of Appeal under section 9 of The Criminal Procedure Act 1993 certifying that a newly discovered fact or facts point to a miscarriage of justice which led to Mr Breathnach's wrongful robbery conviction on December 13th, 1978. 'We're delighted the court has requested immediate expedition of this application,' Mr Winters said.
