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Challenge filed in court to Australian gay marriage ballot
Court News |
2017/08/06 23:58
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Gay-rights advocates filed a court challenge Thursday to the government's unusual plan to canvass Australians' opinion on gay marriage next month, while a retired judge said he would boycott the survey as unacceptable.
The mail ballot is not binding, but the conservative government won't legislate the issue without it. If most Australians say "no," the government won't allow Parliament to consider lifting the nation's ban on same-sex marriage.
Lawyers for independent lawmaker Andrew Wilkie and marriage equality advocates Shelley Argent and Felicity Marlowe, applied to the High Court for an injunction that would prevent the so-called postal plebiscite from going ahead.
"We will be arguing that by going ahead without the authorization of Parliament, the government is acting beyond its power," lawyer Jonathon Hunyor said.
Prime Minister Malcolm Turnbull said the government had legal advice that the postal ballot would withstand a court challenge.
"I encourage every Australian to exercise their right to vote on this matter. It's an important question," Turnbull said.
Gay-rights advocates and many lawmakers want Parliament to legislate marriage equality now without an opinion poll, which they see as an unjustifiable hurdle to reform.
Retired High Court judge Michael Kirby, a gay man who supports marriage equality, dismissed the ballot as "irregular and unscientific polling."
"It's just something we've never done in our constitutional arrangements of Australia, and it really is unacceptable," Kirby told Australian Broadcasting Corp.
Kirby would not comment on the legality of the government proceeding with the 122 million Australian dollar ($96 million) ballot without Parliament's approval, but said: "I'm not going to take any part in it whatsoever."
Plebiscites in Australia are referendums that don't deal with questions that change the constitution. Voting at referendums is compulsory to ensure a high voter turnout and that the legally-binding result reflects the wishes of a majority of Australians.
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Man suspected in Indiana officer's killing due in court
Court News |
2017/08/01 16:35
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A man suspected in the fatal shooting of a police officer in Indianapolis is due in court as prosecutors weigh formal charges in the case.
Twenty-eight-year-old Jason Brown remains held without bond on suspicion of murder in Thursday's killing of Southport police Lt. Aaron Allan.
Indianapolis police spokesman Sgt. Kendale Adams says Brown was expected to be moved from a hospital to Marion County's jail for his initial hearing Tuesday.
Brown was hospitalized after another officer shot him following Allan's shooting. He has not been formally charged.
An affidavit filed Friday says Brown was "hysterical" and dangling upside down in his overturned car as Allan approached to help after Brown's speeding car overturned. It says Brown opened fire on Allen, who suffered 14 gunshot wounds. |
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Ronaldo tells judge he has 'never tried to avoid taxes'
Court News |
2017/08/01 16:35
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Cristiano Ronaldo told a Spanish judge Monday that he has "never tried to avoid taxes."
The Real Madrid forward, who is from Portugal, was questioned to determine whether he committed tax fraud worth almost 15 million euros ($17.5 million). Ronaldo spent more than 90 minutes answering the questions of investigating judge Monica Gomez.
According to a statement released by his public relations firm, the 32-year-old Ronaldo told the judge: "I have never hidden anything, and never tried to avoid taxes."
Judge Gomez took Ronaldo's testimony as part of an investigation to determine if there are grounds to charge him. The session at Pozuelo de Alarcon Court No. 1 on the outskirts of Madrid was closed to the public because it is part of an ongoing investigation.
In June, a state prosecutor accused Ronaldo of four counts of tax fraud from 2011-14 worth 14.7 million euros ($16.5 million). The prosecutor accused the Portugal forward of having used shell companies outside Spain to hide income made from image rights. The accusation does not involve his salary from Real Madrid. Ronaldo denies any wrongdoing.
"Spain's Tax Office knows all the details about my sources of income because we have reported them," Ronaldo told the judge, according to his statement. "I always file my tax returns because I think that we should all file and pay our taxes.
"Those who know me know that I tell my consultants that they must have everything in order and paid up to date because I don't want trouble."
Both before and after his court appearance, Ronaldo used an alternative entrance to avoid a large swarm of more than a hundred journalists from Spain and aboard gathered near the main door to the court.
Court officials had said that either Ronaldo or his lawyer would speak to the media after he saw the judge, but instead the player's spokesman, Inaki Torres, stepped up to the temporary podium in front of the courthouse to announce that Ronaldo "was on his way home."
The prosecutor said in June that Ronaldo used what was deemed a shell company in the Virgin Islands to "create a screen in order to hide his total income from Spain's Tax Office."
The prosecutor accused Ronaldo of declaring 11.5 million euros ($12.8 million) earned from 2011-14 in a tax return filed in 2014, when the prosecutor said Ronaldo's real income during that period was almost 43 million euros ($48 million). It added that Ronaldo falsely claimed the income as coming from real estate, which "greatly" reduced his tax rate. |
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Australian court debates release of Queen's secret letters
Court News |
2017/07/27 16:36
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A legal battle over secret letters revealing what Queen Elizabeth II knew of her Australian representative's stunning plan to dismiss Australia's government in 1975 opened in federal court Monday, in a case that could finally solve a mystery behind the country's most dramatic political crisis.
Historian Jenny Hocking is asking the Federal Court to force the National Archives of Australia to release the letters between the British monarch, who is also Australia's constitutional head of state, and her former Australian representative, Governor-General Sir John Kerr. The Archives have classified the letters as "personal," meaning they might never be made public.
The letters would reveal what, if anything, the queen knew about Kerr's plan to dismiss Prime Minister Gough Whitlam's government in 1975 to resolve a deadlock in Parliament. It is the only time in Australian history that a democratically elected federal government was dismissed on the British monarch's authority. The dismissal stunned Australians and bolstered calls for the country to sever its colonial ties to Britain and become a republic.
Whitlam's own son, lawyer Antony Whitlam, is arguing the case on behalf of Hocking, and took on the case free of charge.
Hocking, a Whitlam biographer, argues that Australians have a right to know the details of their history, and that the letters written in the months leading up to the unprecedented dismissal are key to unraveling the truth. |
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Ronaldo summoned to court, Mourinho accused of tax fraud
Court News |
2017/06/21 09:03
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Cristiano Ronaldo has been summoned to appear before a Spanish judge, and Jose Mourinho could be next.
Ronaldo and Mourinho are the latest members of the soccer elite to be accused of tax fraud in Spain. Lionel Messi and Javier Mascherano, among others, have already been convicted.
On Tuesday, Ronaldo was told to appear in court on July 31, while Mourinho was accused by a state prosecutor of defrauding Spain's Tax Office of 3.3 million euros ($3.7 million).
Ronaldo, who is in Russia at the Confederations Cup with Portugal's national soccer team, has played in Spain for Real Madrid since 2009. The 54-year-old Mourinho was Real Madrid coach from 2010-13. He now is the coach of English club Manchester United.
The cases are about the profits made from image rights, not salaries from their clubs. Real Madrid and Man United are not directly involved.
Both Ronaldo and Mourinho are represented by Portuguese agent Jorge Mendes. Atletico Madrid striker Radamel Falcao and Real Madrid defender Fabio Coentrao, who have also been accused of tax fraud in Spain, are also clients of Mendes.
A request for comment from Mendes' agency, Gestifute, was not immediately answered.
Last week, Ronaldo was accused by a state prosecutor of four counts of tax fraud totaling 14.7 million euros ($16.5 million). The Portugal forward is now under official investigation and will have to appear in the Pozuelo de Alarcon court No. 1 on July 31. A judge will then decide if they are grounds to charge him with a crime.
The prosecutor said last Tuesday that there was evidence that Ronaldo used a shell company in the Virgin Islands to hide the money he had made from image rights. Ronaldo has denied any wrongdoing.
The accusations against Ronaldo have caused speculation in Portugal and Spain that he is now considering leaving the country to play elsewhere.
The summoning of Ronaldo coincided with the same Madrid-based prosecutor's office accusing Mourinho of two counts of tax fraud.
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