Latest news with #BenChristman


The Herald Scotland
2 days ago
- Politics
- The Herald Scotland
UN probes Scots judge-led body's 'breach' of international law
Now the Scottish Government will be expected to give answers to a UN committee about the complaint as part of a UK response over compliance. Scotland has since 2011, been found to be in breach of Article 9 of the Aarhus Convention, a binding piece of international legislation that guarantees the right to a healthy environment and enshrines people's rights to defend it in a court of law. The United Nations council which adopted the convention in 1998 gave the Scottish Government a deadline of October 1, 2024 for a plan of action to remove or cut the cost of access to justice as legal cases can often run into tens of thousands of pounds. The ERCS says that makes access to justice to protect the environment unaffordable and while there is a 'loser pays' rule, litigants are liable to pay their opponents fees if they lose their case. The Scottish Government asked the Scottish Civil Justice Council (SCJC) - a public body comprising predominantly senior judges and other members of the judiciary and legal profession which is responsible for keeping the civil justice system under scrutiny - to review the rules on the costs of court actions. Lord Pentland is at the centre of access to justice row (Image: NQ) But despite the review, a UK progress report at the end of last year confirmed the nation has not removed the cost barriers to justice despite the SCJC intervention. They say it continues to breach the convention as they "only made minor changes and no concrete commitments for future reform". In its formal complaint to the UN's Aarhus Convention Compliance Committee, ERCS argued that the SCJC's review has breached Article 8 of the Convention, which requires public bodies to consult the public when making certain laws that can significantly affect the environment. READ MORE: What is the senior judge-led group accused of international law breach? 50 Scots councils seek ministers summit on green energy 'wild west' 'Scots nature in crisis' as one in nine species at risk of extinction It argues that that means there was no say in ensuring that international law was met and that the legal system was affordable. They say the consultation would have required the SCJC to consider and respond to representations from the public. Now the Herald has learnt that the compliance committee has decided that the complaint has been found admissible on a preliminary basis for further investigation despite official opposition. Dr Ben Christman, ERCS's legal director said: 'The way we make decisions matters. Public participation is a critical part of creating fair and functional environmental laws. The Scottish Civil Justice Council failed to consult the public and, predictably, went on to produce legal expenses rules that do not comply with the Aarhus Convention's requirements. Former co-convener of the Scottish Greens, Maggie Chapman has criticised ministers over law breaches over access to justice (Image: NQ) 'We were glad to see that the Aarhus Convention Compliance Committee saw through bad faith attempts to knock out our complaint. We hope that the Scottish Government will now respond to our concerns seriously.' The SCJC has denied that there has been a breach. And Scots community safety minister Siobhian Brown has said in a response to a question about the case: "The Scottish Government has every confidence in the work of the Scottish Civil Justice Council." The council is responsible for overseeing civil justice fairness and effectiveness and provides advice on rule changes and recommends improvements while keeping the system under constant review. It is typically made up of between 14 and 20 members and are appointed by its chairman, the most senior judge in Scotland and Lord President of the Court of Session and Lord Justice General, Lord Pentland or Scottish ministers. They are predominantly entrenched in Scottish law either as judges, sheriffs, advocates, solicitors or heading up administration. At least four are members of the judiciary including at least one judge from the Court of Session and a sheriff, as well as at least two practising advocates. Other senior judges include on the council are Lady Carmichael, who was appointed as a Senator of the College of Justice in 2016 and Lord Ericht, who became a judge of the Supreme Courts in 2016. The group further includes Malcolm Graham, chief executive of the Scottish Courts and Tribunal Services, Colin Lancaster, the chief executive of the Scottish Legal Aid Board (SLAB) It comes amidst growing concern about local democracy being overridden as some of Scotland's most scenic areas face up to hundreds of live renewable projects. A "once in a generation" convention of 53 community councils have been demanding a summit with energy ministers in a fight to pause infrastructure projects. There were over 700 live applications in the Highland Council area alone, ranging from wind and hydro projects to energy storage and transmission grid plans. Councils convention chairman Helen Crawford at Balblair substation near Beauly (Image: Helen Crawford) Calls have been made for the Scottish Government to undertake an inquiry to address the cumulative impact of all major renewable energy infrastructure developments on the communities and landscape fearing projects "may hasten depopulation in some areas". Conservation charity John Muir Trust has previously spoken out of its concerns about the rights to justice after its attempt to challenge a windfarm development eight years ago led to it facing a near £700,000 bill, although this was eventually negotiated down to £275,000. The Trust settled out of court with the Perth-based energy company SSE and the Scottish government after its attempt to block a wind farm through a judicial review near Loch Ness failed. The dispute was over a wind farm at Stronelairg, which is in wild land in the Monadhliath mountains near Loch Ness. Consisting of 67 wind turbines, it was proposed by SSE in 2012 and granted by the Scottish government in June 2014. Glasgow had to exploit a loophole to bring the action in the name of a member who would qualify for legal aid. ERCS said it has had to resorting to questions under the Freedom of Information act on the SCJC process and any proposed new court costs rules. In response to an FOI request, the SCJC indicated in January 2023 that they intended to hold a public consultation on the new costs rules to inform decision-making "later in 2023". But in response to a chaser FOI request in October 2023, the SCJC decided against a consultation "to avoid undue resource impacts for potential respondents". And the ERCS say when the revised rules on Protective Expenses Orders - which limit a liability for costs in certain types of legal cases - came into force at the end of last year it was without public consultation and they say that they remain non-compliant with the Aarhus Convention. The Scottish Environment LINK (SEL) coalition of more than 30 leading charities said the SCJC failure was a "disappointing development which further damages accountability and the quality of environmental decision-making in Scotland". The SCJC has said that the latest amendments to the PEO rules was the first step in a process and that the review on costs as it relates to the sheriff court remains ongoing with a public consultation due to take place this year. Dr Shivali Fifield, ERCS's chief officer, said: "We submitted this complaint to uphold our right to participate in environmental decision-making. Scotland has been in breach of the Aarhus Convention's access to justice requirements since 2014. This is the third time the Scottish Civil Justice Council has reviewed rules on legal expenses and yet it remains prohibitively expensive to defend the environment in court. "Access to justice is not a favour, it is integral to our environmental human rights. We know that there is support for environmental justice across the political parties - and we will continue to hold the Scottish Government accountable until we see the barriers to justice removed." An analysis backed by Scotland's nature agency found wildlife is "in crisis" in 2023 with one in nine animals and plants being at risk of becoming extinct north of the border. A State of Nature Scotland analysis, backed by the [[Scottish Government]]'s [[Nature]]Scot agency and published by a partnership of over 50 nature and conservation organisations, warned the risk of extinction among some groups, such as vertebrates, is much higher at more than a third (36.5%). The most notable declines were with familiar birds such as swifts, curlews and lapwings which have declined by more than 60%. Kestrels have declined by more than 70%. A spokesperson for the Scottish Civil Justice Council said: 'The Scottish Civil Justice Council has approved its work programme for 2025/26, which has now been published. "As part of this , a priority for the coming year is to hold a public consultation on the extension of Protective Expenses Orders to the Sheriff Court. These orders allow litigants to limit the legal costs they might incur in the event they lose the case. The consultation is currently being finalised and we expect it to begin in the near future.' A Scottish Government spokesman said: 'The Aarhus Convention Compliance Committee is looking into a complaint, which says that the Scottish Civil Justice Council failed to ask the public for their views before changing rules about legal costs in environmental cas'The committee has decided the complaint is worth investigating further, but this is just a preliminary decision. They still need to follow more steps before making a final decision on whether to fully investigate. It would be inappropriate to comment further at this stage.'


Daily Mail
09-05-2025
- Health
- Daily Mail
NFL analyst slams anti-vaxxers for hijacking poignant post about college player's death at age 21
Kirk Herbstreit has hit back at anti-vaxxers attempting to blame the covid vaccine for the death of college football payer Ben Christman at age 21. Earlier this week, it emerged that Christman died from cardiac arrhythmia, an irregular heartbeat and cardiomyopathy - a disease that makes it harder for the heart to pump blood around the body. Herbstreit took to X to offer his condolensces to Christman's family, explaing how his son was diagnosed with cardiomyopathy at 20, but his condition improved. The ESPN college analyst ended his initial post by saying: 'Too many young people are asymptomatic and unaware of any issues that exist. A mandated Echo (echocardiogram - a heart test) could help save lives. It's time for the NCAA and Conference Commissioners to take a look at this. Love to be involved.' But an X user responded to Herbstreit asking if Christman was vaccinated for Covid-19, to which he replied: 'I have no idea about Ben and his health history and respectfully this isn't about politics. 'Heart disease-cardiac arrhythmia-irregular heartbeat have been an issues with young people for generations! My grandfather-aunt-brother-myself all diagnosed with cardiomyopathy. 'All these can be diagnosed with the proper testing-it's expensive to do it universally but feel it's last time to help prevent these unfortunate type of situations. 'Please don't take the low hanging fruit and make it about Covid-the vaccine-or your politics. This has been an issues for several decades.' Another anti-vaxxer replied to Herbstreit saying: 'It kinda is about politics and the forcing of people to take an untested vaccine that has resulted in an abnormally high number of heart defects in young people.' Herbstreit responded: 'All good. If it's okay let's sidebar that discussion-just for a moment. 'Whether the vaccine added to this issue or not-the point is my suggestion about making Echos mandatory in college athletics is past due and hope we can make it happen albeit very expensive and I'd like to use my platform and family experience with heart disease to offer my support. That's all.' Christman reportedly underwent an EKG - a test to check the heartbeat - on February 10 after complaining of chest pains, with a cardio doctor subsequently reviewing the tests but not finding anything alarming. Following that practice, Christman reportedly returned home at around 3pm and went straight into his room after briefly greeting his roommate. The next day, according to police documents, Christman was found by a teammate lying on his back, foaming at the mouth and with purple fingers. Following that practice, Christman reportedly returned home at around 3pm and went straight into his room after briefly greeting his roommate. The next day, according to police documents, Christman was found by a teammate lying on his back, foaming at the mouth and with purple fingers. A police officer reportedly arrived at the scene on the morning of February 11 - following a 911 call - and determined that Christman had been deceased for 'a few hours' due to the color of his right arm. The person who placed the 911 call and another teammate were administering CPR when the officer arrived.
Yahoo
09-05-2025
- Health
- Yahoo
Coroner's office: Heart issues caused UNLV offensive lineman Ben Christman's death
UNLV offensive lineman Ben Christman's February death was due to a heart issue. The Clark County Coroner's Office said Thursday that Christman died of heart disease and an irregular heartbeat. Christman was found dead at his apartment on Feb. 11. He was set to turn 22 on Feb. 12. According to an incident report after his death, Christman said that he was experiencing chest pains the day before. He visited the team's cardiologist and had an EKG but was told that everything looked normal. He was discovered at his apartment by teammates who went to check on him after he wasn't at practice on Feb. 11. 'Our team's heart is broken to hear of Ben's passing,' UNLV coach Dan Mullen said in a statement after his death. 'Since the day Ben set foot on our campus a month ago, he made the Rebels a better program. Ben was an easy choice for our Leadership Committee as he had earned the immediate respect, admiration and friendship of all his teammates.' Before transferring to UNLV in the offseason, Christman spent two seasons at Ohio State and two seasons at Kentucky. He was with the Buckeyes for the 2021 and 2022 seasons and then transferred to Lexington where he appeared in 12 games over two seasons. He was an Ohio native and four-star recruit in the high school class of 2021. On social media Friday morning, former Ohio State quarterback and current ESPN analyst Kirk Herbstreit advocated for all college physicals to include echocardiograms. His son Zak, a walk-on at Ohio State, was hospitalized in 2023 and diagnosed with cardiomyopathy. In his post, Herbstreit said that a heart replacement was even discussed for Zak but that his condition has improved over the past two years. 'A mandated echo could help save lives,' Herbstreit wrote. 'It's time for the NCAA and conference commissioners to take a look at this. Love to be involved.'


Daily Mail
09-05-2025
- Health
- Daily Mail
Cause of death revealed after college football star's tragic death at 21
UNLV football player Ben Christman died from cardiac arrhythmia, an irregular heartbeat and cardiomyopathy - a disease that makes it harder for the heart to pump blood around the body. That is according to the coroner in Nevada who examined the body of the 21-year-old, who was found dead in his apartment back in February. At the time, police documents - obtained by TMZ - revealed that Christman experienced chest pains during practice the day before his death. Christman reportedly underwent an EKG - a test to check the heartbeat - on February 10 after complaining of chest pains, with a cardio doctor subsequently reviewing the tests but not finding anything alarming. Following that practice, Christman reportedly returned home at around 3pm and went straight into his room after briefly greeting his roommate. The next day, according to police documents, Christman was found by a teammate lying on his back, foaming at the mouth and with purple fingers. A police officer reportedly arrived at the scene on the morning of February 11 - following a 911 call - and determined that Christman had been deceased for 'a few hours' due to the color of his right arm. The person who placed the 911 call and another teammate were administering CPR when the officer arrived. Christman had missed practice that morning, leading his teammates to check on him. The roommate told cops that he had not seen Christman since he went into his room following the previous day's practice. The school released an emotional statement following Christman's death. 'Our team's heart is broken to hear of Ben's passing,' new Rebels head coach Dan Mullen said. 'Since the day Ben set foot on our campus a month ago, he made the Rebels a better program. Ben was an easy choice for our Leadership Committee as he had earned the immediate respect, admiration and friendship of all his teammates.' 'Our prayers go out to his family and all who knew him. Ben made the world a better place and he will be missed.' Christman had transferred to UNLV earlier this year after two seasons at Kentucky. Before that, he was a four-star recruit out of high school and played for two years at Ohio State. The 6-foot-6, 325-pound Christman was entering his final season of college eligibility.


Fox News
08-05-2025
- Health
- Fox News
College football offensive lineman Ben Christman died of irregular heartbeat, coroner says
Ben Christman, a college football offensive lineman who had transferred from Kentucky to UNLV, was found dead in his off-campus apartment back in February at the age of 21, one day before his birthday. Christman reportedly felt chest pains the day before he died while practicing and underwent an EKG at a team facility. Well, the Clark County (Nevada) Coroner's Office announced Thursday that Christman died from cardiac arrhythmia, an irregular heartbeat and cardiomyopathy, a disease that impacts the heart muscle. Christman was at Ohio State for two seasons before he transferred to Kentucky. He sat out the 2023 season with a knee injury and played on special teams in 2024. He was set to play for UNLV in the upcoming 2025 season. "Our team's heart is broken to hear of Ben's passing," UNLV head coach Dan Mullen said in a statement at the time of his death. "Since the day Ben set foot on our campus a month ago, he made the Rebels a better program. Ben was an easy choice for our Leadership Committee as he had earned the immediate respect, admiration and friendship of all his teammates. "Our prayers go out to his family and all who knew him. Ben made the world a better place and he will be missed." School president Keith E. Whitfield said he was "incredibly saddened" to hear about Christman's death. "There is little that can be said to lessen the pain of suddenly losing a member of our university family at such a young age, and my heart breaks for all who knew and loved him," he said. "On behalf of UNLV, our sincere condolences are with Ben's family, friends, loved ones, and teammates during this very difficult time." Christman was from Akron, Ohio, and played high school football at Revere High School. He was a four-star recruit coming out of high school. Follow Fox News Digital's sports coverage on X and subscribe to the Fox News Sports Huddle newsletter.