Latest news with #legalbattle
ABC News
4 hours ago
- Politics
- ABC News
Lawyer for ATO whistleblower Richard Boyle urges court not to impose convictions
An Australian Tax Office whistleblower has argued he should be spared convictions because he was motivated by public interest, and his actions led to change within the federal agency. Former debt collection officer Richard Boyle went public with concerns about the culture at the ATO in 2018 — marking the start of a years-long legal battle. He had faced 66 charges but over time many were dropped, before he in May pleaded guilty to four counts under a deal struck with prosecutors. At a sentencing hearing on Friday, prosectors said Boyle's offending constituted a serious breach of privacy, and a period of imprisonment was warranted — but they were not opposed to the term being suspended. Boyle was charged after he made a series of allegations on the ABC's Four Corners program, including that his area was instructed to use heavy-handed tactics on taxpayers who owed the tax office money. Over the years since he spoke out, Boyle had made several failed attempts to secure immunity from prosecution using whistleblower protections. He eventually pleaded guilty to disclosing protected information, making a record of protected information, using a listening device to record private conversations and recording another person's tax file number. Defence counsel Steven Millsteed KC said the court should recognise Boyle was not acting out of any nefarious motivation, self-interest or malice. Instead, he was guided by a "sincere belief that he was acting in the public interest". "His conduct, though unlawful, was grounded in a moral courage and a deep commitment to public service," he told South Australia's District Court. Mr Millsteed added that the allegations raised by Boyle "did some public good". "It resulted in the Inspector-General of Taxation conducting an investigation into the ATO's use of garnishee notes, and changes were made in respect of that," he said. In urging the court not to record convictions, Mr Millsteed said the ongoing legal action had taken a toll on Boyle's family, financial situation and mental health. Prosecutor Nick Robinson KC said Boyle's motivations did not change the fact he acted unlawfully. "This is the court of law, not the court of morals," he said. He said Boyle's actions were long-running, criminal and threatened the protection of privacy and commercial interests. Mr Robinson said general deterrence should be factored into his sentence, and urged Judge Liesl Kudelka to record convictions against him. Boyle shook his head from the dock as Mr Robinson disputed the submission that he was remorseful for his actions. Outside court, Whistleblower Justice Fund founder Rex Patrick said the lengthy legal proceedings had taken a toll on Boyle. "Richard has been dragged to hell and back," he said. "The message it sends anyone who's sitting inside the public service who wants to blow the whistle [is] that you should not do this. This is going to wreck your life." Mr Patrick said he hoped Judge Kudelka would record no conviction. "Then Richard can get on with his life," he said. Boyle did not make any comment as he left court with his supporters — some of whom became visibly distressed during the hearing. He will be sentenced later this month.
The Guardian
5 hours ago
- Sport
- The Guardian
Paquetá and West Ham left angry after prolonged spot-fixing case ‘nightmare'
Almost a thousand days have passed since Lucas Paquetá was shown a yellow card for a late challenge on Leicester's Boubakary Soumaré in a tame home defeat for West Ham in November 2022, an otherwise inconsequential booking that triggered an extraordinary chain of events that left the Brazilian fighting for his career. As Paquetá's lawyer noted after he was cleared of spot-fixing on Thursday, Paquetá has shown more spirit and resilience during his two-year legal battle with the Football Association than his teammates managed that afternoon, although even after being exonerated in the most high-profile corruption case to hit English football since the Bruce Grobbelaar match-fixing trial three decades ago, the West Ham midfielder's victory feels somewhat pyrrhic. Paquetá has lost an £85m transfer to Manchester City that would have brought him millions and the chance to be part of the club's Premier League title success of 2023-24. This is due to the FA integrity department's decision, after an investigation than began in August 2023, that apparently unusual betting patterns surrounding four yellow cards for the 27-year-old were sufficient to charge him with spot-fixing. West Ham also lost a huge transfer fee, so it is little wonder they are considering legal action against the FA and will certainly push hard for the governing body to cover costs estimated at around £1m for the player and club. West Ham are angry that the case has taken so long to conclude. With two years left on his contract, Paquetá retains value, but given many Premier League clubs have profitability and sustainability rules (PSR) issues, and there are only four weeks left in the transfer window, selling him this summer will be challenging, even though he has been cleared. The FA's investigators were hindered by difficulties in obtaining evidence from Brazil, and it took nine months of digging before charges were issued in May 2024. But the case has been beset by delays throughout. After Paquetá was charged West Ham lobbied for the hearing to be expedited. It did not begin until March this year and was adjourned, finally concluding at the beginning of June. West Ham have consequently faced uncertainty over Paquetá's position for three summer transfer windows, while the player has been in turmoil, particularly after learning that the FA was pushing for a life ban. Several staff members at West Ham have told the Guardian that Paquetá's demeanour has barely altered at the training ground over the last two years despite the severity of the charges, although a source who knows him personally said the case has taken its toll. That was clear when he burst into tears after being booked in a Premier League game against Tottenham in May, which led to his wife, Maria Fournier, writing on Instagram that the family had 'been living this nightmare for two years'. The high stakes for Paquetá contrast with the modest amounts wagered in the allegedly corrupt bets. Around 60 bets were placed on Paquetá to be shown a yellow card in four Premier League games in 2022 and 2023, with the claim being that he was deliberately booked to make money for family and friends. A source with knowledge of the FA's investigation said one of the bets was for £7, with the highest £400. While Paquetá's problems began with the Soumaré yellow card, it was subsequent bookings against Aston Villa, Leeds and Bournemouth in 2023 that led to the investigation. The fouls in each case were a lunge at John McGinn, pulling Crysencio Summerville's shirt and a handball in an aerial challenge, offences that his legal team argued were symptomatic of his carelessness, rather than being deliberate. The initial investigation into Paquetá's behaviour was conducted by the International Betting Integrity Association (IBIA), which received an integrity alert after several bookmakers in Brazil reported an unusual number of bets on Paquetá to be booked during the Villa game on 12 March 2023. The majority of the suspicious bets were traced to Paquetá Island, an idyllic, 0.5sq mile beach paradise off the coast of Rio de Janeiro, where Paquetá was born and from which he takes his name. Ironically, most of the money staked on Paquetá to be booked used accounts with Betway, which at the time was West Ham's shirt sponsor. The concern of integrity officials was heightened by the fact most of the money came from new accounts. The FA's investigation was triggered by the booking Paquetá received at Bournemouth in West Ham's opening game of the following season, the fourth foul he had conceded that afternoon. The referee Peter Bankes's report noted that he had booked Paquetá for 'persistent infringement', which along with the number of bets placed on him to be cautioned was enough to trigger a formal inquiry. Much of Paquetá's defence is believed to have centred on his claim that he asked the then West Ham manager, David Moyes, not to play him at Bournemouth for fear of jeopardising the City move, which they argue demonstrated his booking could not have been premeditated. Moyes is understood to have supported this version of events, and given evidence to the independent commission on Paquetá's behalf. Paquetá's lead counsel, Nick De Marco KC, is also understood to have produced betting data showing that Paquetá frequently attracts a statistically unusual volume of bets to be booked, which they attribute to his poor disciplinary record. Paquetá's legal team also showed the panel Paquetá's entire disciplinary history, arguing that he has consistently conceded more free-kicks than his teammates throughout his career, which they argued increased the chances of him being booked. The publication of the independent commission's written reasons, which are not expected for a number of weeks, will reveal more about a fascinating case, and may make awkward reading for the FA.
Washington Post
10 hours ago
- Health
- Washington Post
Prisoner can be executed without turning off pacemaker, Tennessee high court rules
A death row prisoner in Tennessee can be executed despite having an implanted heart device that his lawyers say is likely to prolong his suffering, the state Supreme Court ruled Thursday in a first-of-its-kind legal battle. A lower court had ruled that Byron Black could not be executed while his cardiac implantable electronic device — which acts as a pacemaker and a defibrillator — was on, because it could deliver painful shocks to his heart to try to revive him during a lethal injection. The Thursday ruling overturns that decision and allows Black's scheduled execution Tuesday to proceed. Black, 68, suffers from several illnesses, including heart failure and dementia, underscoring the complexities of executing an aging death row population. 'This issue hasn't come up before, but it's likely to repeat in the future,' said Kelley Henry, Black's federal public defender. Black has been on death row since 1989 for the murder of his girlfriend, 29-year-old Angela Clay, and her daughters, Latoya, 9, and Lakeisha, 6. After the Tennessee Supreme Court ruling Thursday, Black's legal team filed a motion seeking 'a modest, targeted stay' to resolve the defibrillator issue. The Tennessee Department of Correction appeared ready earlier this week to comply with the lower court order that Black could not be executed while the device was on. In a court declaration, TDOC officials said Black would be taken to Nashville General Hospital to deactivate his device shortly before his execution; Black requested the device not be deactivated any sooner, since death penalty reprieves are often last-minute. But on Wednesday, the hospital said prison officials did not contact the appropriate leadership to authorize the request and declared the hospital would not participate, the Associated Press reported. A representative for Nashville General did not immediately respond to request for comment Thursday. But Cathy Poole, a spokesperson for the hospital, told the AP the hospital's relationship with the TDOC is solely to provide medical care. 'This request is well outside of that agreement and would also require cooperation with several other entities, all of which have indicated they are unwilling to participate,' Poole reportedly said. Representatives of the TDOC deferred a request for comment to the state attorney general's office Thursday. Tennessee Attorney General Jonathan Skrmetti disputed the defense team's contention that Black will suffer pain if executed with his device active. 'Our office will continue fighting to seek justice for the Clay family and to hold Black accountable for his horrific crimes,' Skrmetti said in a statement. Black has petitions pending before the U.S. Supreme Court on the grounds that because of his severe intellectual disability — Black has an IQ below 70 and fails basic competence tests, according to court filings — he would not be eligible for the death penalty if he were tried today. The litigation over his implanted defibrillator, his lawyers said, was solely to prevent a 'torturous' death where the device would try to restart his heart during the execution. 'Unless the governor grants a reprieve or we get review from the Supreme Court, the state of Tennessee will torture my client to death next week,' said Henry, Black's lawyer. Representatives for Tennessee Gov. Bill Lee (R) did not immediately respond to a request for comment Thursday. In Tennessee, only the state Supreme Court can stay an execution, though the governor has the power to commute sentences and grant other reprieves. Henry said Black's intellectual disability should have prevented him from being put on death row in the first place. The U.S. Supreme Court banned the execution of intellectually disabled people in 2002; it wasn't until 2021 that Tennessee changed its laws to allow death row prisoners one chance to challenge their sentence on the grounds of intellectual disability. Black unsuccessfully challenged his sentence in 2004, using up his one chance at appeal. The state did not recognize he was intellectually disabled until 2022. 'Had he just waited until 2021, he could literally walk in today and be removed from death row but for a decision that was made too early and is in conflict with Supreme Court precedent,' Henry said. Paul Litton, who previously taught bioethics and is dean of the University of Missouri School of Law, said the death penalty — particularly with an aging population — presents an ethical quandary for medical providers. While major health care groups, including the American Medical Association and the American Society of Anesthesiologists, oppose their members' taking part in executions, some health care providers might be willing to participate if they can prevent a prisoner from additional suffering. 'Having the death penalty impacts so many people involved in it,' Litton added. 'Not just the victim's and the defendant's families — but jurors, chaplains in prisons, people who work in the prisons, physicians and other health professionals who could be involved.' Henry said that when she last saw Black, he was 'very tearful' and wasn't able to retain new information for long. 'He knows things in the moment, but can't remember it later,' Henry said. 'I'm not sure that he understands what's going to happen next Tuesday.'
Phone Arena
11 hours ago
- Business
- Phone Arena
Google loses control over Android app billing after Epic court win; Epic Store coming to Play Store
Epic Games has won a big legal battle against Google, as a U.S. court has ruled that Google's control over the Play Store and its payment system breaks antitrust laws. This means Epic can now launch its own app store inside Google's Play Store. The decision comes from the Ninth Circuit Court of Appeals, which agreed with a 2023 jury verdict that called Google's practices illegal monopolies. Epic CEO Tim Sweeney called it a "total victory" and said the Epic Games Store will arrive on Android soon. Epic CEO announces that the Epic Games Store is coming to the Play Store. | Image credit — @TimSweeneyEpic (X) However, this isn't just about Epic. The court's ruling forces Google to let other companies launch competing app stores on Android for at least three years. That includes giving them access to apps and preventing Google from requiring its own billing system. This legal fight started in 2020, when Epic sued both Apple and Google after Fortnite was removed from their stores. Epic lost its case against Apple, but the Google case turned out very differently. During the trial, the jury saw emails and documents showing that Google made secret deals with phone makers and game developers to shut out rivals. In a statement to The Verge, Google stated it plans to appeal the ruling to the Supreme Court as the company believes the decision could hurt user safety, reduce choice, and slow innovation. Google argues that Android already allows more freedom than Apple's iOS, which doesn't let other companies run their own app stores at all. But the judges didn't buy that argument and said Apple and Google work in different ways, and Apple's locked-down system doesn't excuse Google's control over Android. The court made clear that Google has a monopoly over Android app distribution and billing. This ruling could definitely change the way the Android app market works from this point on. Developers might get more options for how to sell their apps and use their own payment methods. But there are also risks, like security problems, if Google has less control over what gets published. For users, it might mean more choices. For Google, it means big changes. Whether Epic's store becomes a hit or not, this case sets a new standard for app stores and how they're allowed to operate on Android. We'll be paying close attention to Google's next move and how this will affect the Play Store.
CNN
16 hours ago
- Entertainment
- CNN
Blake Lively to be deposed against Justin Baldoni
Blake Lively to be deposed against Justin Baldoni Blake Lively is set to be deposed Thursday in her legal battle against Justin Baldoni. 00:24 - Source: CNN Vertical Trending Now 15 videos Blake Lively to be deposed against Justin Baldoni Blake Lively is set to be deposed Thursday in her legal battle against Justin Baldoni. 00:24 - Source: CNN Amusement park ride splits in half in Saudi Arabia At least 23 people were injured, three of them critically, when a fairground ride buckled in Saudi Arabia, sending passengers crashing to the ground, according to state media. 00:33 - Source: CNN Dozens injured on Delta flight Severe turbulence struck a Delta flight from Salt Lake City to Amsterdam Wednesday, causing service carts and unbelted passengers to hit the ceiling and forcing an emergency landing in Minnesota, where 25 people on board were taken to hospitals. 01:01 - Source: CNN Arrest made in Arkansas hiking murders A man has been arrested in connection with the deaths of a married couple attacked and killed while hiking with their two young daughters at a state park in the Ozark Mountains, according to the Arkansas State Police. 00:45 - Source: CNN Crypto attack on OnlyFans streamer caught on camera Several crypto investors, including streamer and content creator Kaitlyn 'Amouranth' Siragusa, have been targeted in a series of violent attacks by gangs attempting to access their crypto wallets. Blockchain intelligence firms believe that the perceived anonymity and irreversibility of crypto transactions make investors an attractive target. 02:05 - Source: CNN High Noon recalls vodka seltzer mislabeled as Celsius High Noon has issued a voluntary recall after mislabeling some of its vodka seltzer as Celsius energy drinks. The FDA says no adverse events or illnesses have been reported. 00:55 - Source: CNN Jet2 holiday singer speaks out after White House uses meme British singer Jess Glynne responded to the White House's decision to use the viral TikTok sound, which includes her 2015 song "Hold My Hand" and Jet2's commercial. Glynne criticized the White House for using the audio to show the ongoing mass deportations in the United States. 01:10 - Source: CNN Fans pay tribute as emotional Sharon Osbourne lays flowers at Ozzy memorial Thousands of fans paid their respects to Black Sabbath frontman Ozzy Osbourne as his hearse made its way through the streets of Birmingham, the English city where he grew up and where the band was formed in 1968. Osbourne died last Tuesday at the age of 76. 00:46 - Source: CNN Shannon Sharpe out at ESPN after settling sexual assault lawsuit Former NFL star Shannon Sharpe, who has been one of the faces of ESPN's morning sports debate show 'First Take,' is no longer with the network, a source with knowledge of the situation told CNN. 00:54 - Source: CNN Crocodile gets caught underneath moving truck A bystander captured video of a crocodile caught underneath a truck driving through high water in Australia at Kakadu National Park. 00:25 - Source: CNN Beyoncé brings out Destiny's Child during final show Beyoncé reunited Destiny's Child during her concert at Allegiant Stadium in Las Vegas, with Michelle Williams and Kelly Rowland joining her on stage to perform a medley of the group's biggest hits, as part of her final Cowboy Carter show. 00:45 - Source: CNN Gwyneth Paltrow joins Astronomer as temporary spokesperson Actress and Goop founder Gwyneth Paltrow appeared in a new ad for Astronomer, the tech firm whose former CEO and human resources chief were caught in an awkward moment on a Jumbotron at a Coldplay concert last week. Paltrow is the ex-wife of Coldplay frontman Chris Martin. 00:51 - Source: CNN 'South Park' skewers Trump after signing new Paramount deal In their first episode of the season, the creators of "South Park" mocked President Donald Trump and Paramount after they just signed a new $1.5 billion contract. Paramount is looking to merge with Skydance Media and needs the Trump-influenced FCC to approve the deal. 01:24 - Source: CNN Hot Chinese brands are coming to America Chinese brands like Luckin Coffee, Pop Mart, and HEYTEA are expanding in the United States, despite the ongoing trade war. CNN's Vanessa Yurkevich and Marc Stewart report from two different continents on why the companies covet American customers. 02:10 - Source: CNN Fans pay tribute to Ozzy Osbourne Fans have gathered in Ozzy Osbourne's hometown to pay tribute to the former Black Sabbath singer, who died yesterday at the age of 76. One of them told CNN's Salma Abdelaziz that Osbourne will 'live on forever in his music.' 01:07 - Source: CNN
