Isnin, 15 Julai 2013

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The Star Online: World Updates


Spain apologises to Bolivia for presidential plane delay

Posted:

LA PAZ (Reuters) - Spain apologised on Monday for its part in the events that led Bolivian President Evo Morales' plane to be delayed earlier this month during an international search for U.S. fugitive Edward Snowden.

Bolivia has accused Spain, France, Portugal and Italy of closing their skies to Morales' plane, which was searched at the airport in Vienna on July 3, after being told it was carrying the former U.S. spy agency contractor from Moscow to Bolivia.

"We recognize publicly that perhaps the procedures used in the Vienna airport by our representative were not the most effective," Spain's ambassador to Bolivia, Angel Vázquez, told journalists after dropping the letter off at Bolivia's Foreign Ministry.

"We regret this fact ... the procedure was not appropriate and bothered the president (Morales), putting him in a difficult situation," Vázquez said.

Spain's Foreign Minister Jose Manuel Garcia-Margallo said last week that the country was ready to apologise to Bolivia for inconveniencing Morales, but denied it had closed its airspace to his flight.

Spain is keen to maintain historical ties to South America, a growing export market, and has renewed efforts to nurture relationships with Latin America after expropriations last year by Bolivia and Argentina hit Spanish companies.

The unusual treatment of the Bolivian leader touched a sensitive nerve in Latin America, which has a history of U.S.-backed coups, and Venezuela, Nicaragua and Bolivia offered Snowden asylum.

U.S. President Barack Obama has said any country that gives Snowden shelter would face serious repercussions. Snowden has been holed up at Moscow's Sheremetyevo International Airport since June 23, when he landed in Russia from Hong Kong.

Russian President Vladimir Putin said on Monday he wanted Snowden to leave, but also signalled that the American was moving towards meeting Russia's asylum conditions.

(Reporting by Daniel Ramos; Writing by Caroline Stauffer; Editing by Paul Simao)

U.S. case against Zimmerman would require proof of racial malice

Posted:

WASHINGTON (Reuters) - For all the complex issues raised by the death of Trayvon Martin, whether the U.S. Justice Department turns it into a civil rights case may depend on the relatively simple question of whether George Zimmerman was motivated by racism when he pulled the trigger.

Unless federal prosecutors can present new evidence that suggests racial malice motivated Zimmerman, who is white and Hispanic, to shoot Martin, an unarmed black teenager, they are unlikely to pursue charges, lawyers with expertise in civil rights said on Monday.

A jury in Sanford, Florida, on Saturday found Zimmerman, a 29-year-old neighbourhood watch volunteer, not guilty of second-degree murder and manslaughter in the 2012 shooting death of Martin. Defence lawyers argued Zimmerman shot 17-year-old Martin in self-defence.

State and federal courts generally have the same threshold for a criminal conviction: a finding of guilt beyond a reasonable doubt by a unanimous jury, or by a judge if a defendant waives a jury trial.

By finding Zimmerman not guilty of second-degree murder, the Seminole County jury rejected the charge that Zimmerman acted with ill will, spite or hatred.

Attorney General Eric Holder said on Monday his Justice Department had yet to decide whether to file federal civil rights charges against Zimmerman.

Like the videotaped police beating of Rodney King in 1991 or the 2006 fatal shooting of Sean Bell by New York police, the Martin case is a window into the federal government's authority to enforce civil rights.

Preachers led by Al Sharpton planned a news conference at Justice Department headquarters in Washington for Tuesday to add pressure to prosecute Zimmerman. They believe he racially profiled Martin before pursuing him with a 9mm pistol.

HATE CRIMES LAW

The law federal prosecutors would most likely use against Zimmerman was passed in 2009 to target hate crimes.

It requires that prosecutors prove that someone caused bodily injury "because of the actual or perceived race" of the victim, a bar that while straightforward can be hard to clear.

"The difficult part is always showing the perpetrator's state of mind, and the statute requires that there was racial motivation, that the defendant was thinking in racial terms," said William Yeomans, a former Justice Department civil rights lawyer.

The government typically uses evidence such as an attacker's contemporaneous racial epithets, or a pattern of planning to target a specific race, said Samuel Bagenstos, who served in the Justice Department's Civil Rights Division during President Barack Obama's first term.

"If you look at the standard patterns of these cases, there are often statements made by the defendant expressly referring to the race of the victim during the attack," he said.

"That is a cut above the evidence that we've seen so far" against Zimmerman, he added.

In an emergency call before the encounter with Martin, Zimmerman told a police dispatcher that Martin "looks black" but only after the dispatcher asked for Martin's race.

One of the jurors in Zimmerman's state trial told CNN on Monday that she did not think Zimmerman racially profiled Martin. "All of us thought race did not play a role," said the juror, granted anonymity by the television news network.

Further, there is no video of the encounter as there was of King's beating at the hands of four Los Angeles police officers.

After a jury acquitted the officers of state charges in the King case, the Justice Department relied heavily on the video when it tried the officers on federal charges that they deprived King of his civil rights. Prosecutors analyzed the baton blows to King and zeroed in on those that came after the video showed King had been subdued.

The second jury convicted two of the officers, helping to calm a poisonous U.S. racial climate that included riots.

RACIAL ANIMUS

Wayne Budd, who as a Justice Department official oversaw the prosecution of the Los Angeles police officers, said he believed it would be difficult for the government to prove racial animus by Zimmerman with the evidence that has become public so far.

"They're going to have their hands full. It's not going to be easy," Budd said.

Terree Bowers, the U.S. attorney in Los Angeles during the police officers' second trial there in 1993, said prosecutors were able to refine their case the second time around. He said he was not sure the Justice Department could do the same thing against Zimmerman.

"I don't know what else is out there for the government to develop if they decide to proceed," he said.

Holder, the chief U.S. law enforcement official and an Obama appointee, in April 2012 referred to the difficulty of proving racial motivation.

"We have a very ... high bar that we have to meet in order to bring federal charges in this case so we are continuing in that regard," Holder said while addressing Martin's death at a news conference.

A Justice Department statement on Sunday alluded again to the challenges prosecutors face, referring to the "limited" civil rights laws.

One advantage for prosecutors is a change in the hate-crimes law in 2009 that eliminated a requirement that they show a connection between the crime and a federally protected activity, like voting.

A Justice Department spokeswoman on Monday declined to say whether prosecutors had convened a federal grand jury to hear evidence about Zimmerman, a step that would indicate increased activity on the part of prosecutors.

Asiana to sue TV station after gaffe over pilot name

Posted:

SAN FRANCISCO (Reuters) - Asiana Airlines said Monday it will sue a TV station that incorrectly reported racially offensive names of four pilots onboard the flight that crash-landed on July 6 at San Francisco International Airport.

An anchorwoman at KTVU, a Cox affiliate based in Oakland, California, fell victim on Friday to an apparent prank and reported four bogus pilot names, including "Sum Ting Wong" and "Wi Tu Low," during the noon newscast. Within hours, the broadcast footage had gone viral on the Internet, drawing widespread criticism and ridicule.

"We decided to sue KTVU because Asiana Airlines thinks their news defames our pilots and our company's reputation," said Kiwon Suh, an Asiana spokesman. The company also said the fake names "disparaged Asians in general."

During an extended on-air apology late Friday, KTVU said its staff should have caught the prank but neglected to "read the names out loud, phonetically sounding them out." But in a bizarre twist, the station also blamed the National Transportation Safety Board, which had confirmed the names for the station prior to the broadcast.

The NTSB apologized late Friday and acknowledged that a summer intern who was answering phones as a volunteer at the agency confirmed the fake names "in good faith" for KTVU. Kelly Nantel, an NTSB spokeswoman, said the intern did not make up the names but acted "outside the scope of his authority" by confirming information for reporters.

As of late Monday, the intern was no longer working at the agency, according to a CNN report.

So far, neither KTVU nor the NTSB have explained where the names originated. KTVU declined to comment, citing the potential lawsuit.

On Monday, Suh, the Asiana spokesman, played down earlier reports that the company had threatened legal action against the federal agency as well. "We will never sue the NTSB," Suh said.

KTVU's gaffe came five days after Asiana disclosed the names of the pilot and co-pilot on Flight 214 as Lee Kang-kook and Lee Jeong-min, respectively.

The crash of the Boeing 777 plane resulted in the deaths of three teenage girls in a group of students from eastern China who were visiting the United States for a summer camp. Over 180 passengers and crew members were injured.

The Washington-based NTSB investigators said they were preparing to finish work in San Francisco after eight days on the scene. Although the agency warned it could take months to determine the cause of the crash, information released by investigators so far suggests pilot error contributed to the accident.

Kredit: www.thestar.com.my

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