Latest news with #Section35
The National
25-06-2025
- Politics
- The National
SNP need two distinct arms in order to achieve their twin objectives
Yes, we have explored the currently available constitutional options and now realise that Westminster is highly unlikely to consent to a fully lawful referendum on the basis they are afraid of losing. What the activists have lost sight of is that in 2014 we had a parliamentary majority for the agreed democratic mandate for holding a referendum. Since then we have not. That majority didn't exist before 2014 and Westminster has not consented to one since on the basis that in Holyrood we didn't gain another single-party majority. READ MORE: Scottish Government responds to claims of 'Iranian pro-independence accounts' Holding a constitutionally unlawful referendum is not as easy as it appears. The practicalities of doing so are immense. Who would pay for it, who would validate the result, who would accept the result? Who would actually participate? If nothing else, how can it claim any authority, as the arch-Unionists will almost certainly not take part, and being 'unlawful' it cannot be implemented? The only real way of demonstrating our demands is to keep returning a majority of MPs to Westminster and regain a single-party majority at Holyrood. The voted-on mandate must have a commitment to hold a single-question referendum, not just a statement of intent about independence. The other problem would be if a Section 35 order is issued preventing us from running that. The question is of course how would that be enforced, and the most likely way is for the Scotland Act to be suspended, thereby removing all powers from Holyrood and probably preventing it from sitting. READ MORE: Seamus Logan: Using an election as plebiscite referendum is just not going to fly That leaves a huge conundrum, as clearly Westminster would have to appoint commissioners to run our affairs, back to the old days of the Scottish Office! In effect, trying to hold an unconstitutional referendum would be the cessation of devolution, forcing us back to square one. So, we have to demonstrate and continue to demonstrate a majority, preferably rising, in favour of independence. No arguing amongst ourselves, or undermining each other. The grassroots have already started the process at the UN, and we have friends in other countries. The grassroots can do the door-knocking and one-to-one persuasion and dissemination in the absence of a friendly media, but they are currently more or less on their own. This does introduce another difficulty as the SNP do need to meet two different challenges, – on a day-to-day basis running the country within the confines of the UK constitution, important as it is, but at the same time taking a lead in the strategic goal. Our current political leaders, while impassioned and competent, do not have the spare time to take on another important role. So for political credibility we need two arms within the SNP: the first is ongoing political administration, and the second is that of galvanising indy supporters, but not using elected politicians to front it. The principal role of this arm will be to give the non-aligned majority of voters something for them to understand, and achieve buy-in. Not just the ideal and fuzzy concept of independence, but the pragmatic understanding of how that would work and how our economy would be placed To this end we need to offer those voters a (draft) constitution that spells out limits and powers of whoever forms our government along with a draft budget using all of our GDP, to sit in comparison with the one limited by our current constitutional arrangement. Produce something that ordinary voters get their teeth into and forms a prospectus for a new and independent Scotland. Nick Cole Meigle, Perthshire
IOL News
17-06-2025
- IOL News
Court withdraws charges against John Masukela in Thabo Bester escape case
The NPA has withdrawn charges against one of the accused in the ongoing Thabo Bester escape case. The charges against John Masukela, accused number five and former employee of G4S, have been officially withdrawn. Image: File Charges against accused 5 in the Thabo Bester escape case, John Masukela, who is a former G4S employee, have been officially withdrawn. This revelation emerged during a court session where the State Prosecutor announced the decision, stating: "I am going to withdraw the case against one of the accused. I think we can excuse him, and he can go in peace, and that is accused number five, John Masukela." Bester and his eight co-accused appeared before the Bloemfontein High Court for a pre-trial hearing over charges linked to his 2022 prison escape. The group is facing charges including fraud, corruption, aiding an escape, violating a corpse, and defeating the ends of justice. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading Bester and his partner, Dr Nandipha Magudumana, were arrested in Tanzania following his 2022 escape from Mangaung Prison. Magudumana recently approached the Constitutional Court, where she is also challenging the legality of her arrest and deportation. Meanwhile, Advocate Lerato Moela, representing Bester, has requested more time to prepare after the judge instructed him to consult his client after he told the court he might not see the trial through due to financial challenges. "If I may address My Lady on what has caused the delays is that there is an application that is pending dealing with Section 35 on accused number 7. What he is seeking is conducive consultation. There is video footage in the form of a USB that needs to be viewed. What he requires is that he be granted access to this." The judge slammed the delays in the matter after Magudumana's father, Zolile Sekeleni, stated that he does not have a legal representative after Legal Aid allegedly rejected his application for representation in January. "I will have to have a definite something. You can look at this court; there are so many role players who are affected. The administration of justice is affected. So, I cannot go on a maybe. We must either start on the 21st of July or we must make alternative arrangements. The responsibility of finding a legal representative lies with you. I could have attended to other cases. I can't work with this uncertainty," the judge said. Sekeleni indicated that he was not aware of the process to follow to appeal the rejection by Legal Aid, adding that he cannot afford legal fees. "I applied for legal aid, and my application was rejected. It was told I can't get a lawyer, even though I explained that I do not have the funds to pay for a lawyer. My Lord, I was not aware of the process I needed to follow to appeal the Legal Aid rejection. I only learnt of the process now. The person who was assisting me with the process told me he would introduce me to a lawyer. I only got the response late because there was no clear communication, which has resulted in delays," he said. The pre-trial was postponed to July 21.
India Today
05-06-2025
- India Today
We were in touch with Kolkata Police: Sharmistha's father on absconding charge
Dismissing the Kolkata Police's claims that Sharmistha Panoli was absconding, her father, Prithviraj, told India Today TV that he and his daughter had visited Lalbazar -- the headquarters of the Kolkata Police -- as well as the Anandapur police station in the city, even as the same police force declared them absconding and approached the court seeking an arrest warrant against the law arresting Sharmistha Panoli from Gurugram, Kolkata police claimed that the case was duly investigated and several attempts were made to serve notice on her.'The case was duly investigated and, adhering to legal procedures, several attempts were made to serve notice under Section 35 of BNSS to the accused, but every time she was found absconding. Attempts to serve notice as per law couldn't be successful since the accused, with her family, absconded. Subsequently, a warrant of arrest was issued by the competent court, following which she was apprehended lawfully from Gurgaon during the daytime,' Kolkata Police Panoli's father has claimed that the Kolkata Police shared blatant, wrongful misinformation. To refute their claims, Prithviraj Panoli presented two 'visitor slips,' which he says were issued by the Kolkata Police headquarters at Lalbazar on May 15, containing the names and still photographs of both Sharmistha and Significantly, the FIR against Sharmistha Panoli was registered at Gardenreach police station on May 15 and an arrest warrant was issued on May the visitor slips, Prithviraj pointed fingers at the Kolkata Police, arguing that if they were present at the police headquarters, how could his daughter be arrested on absconding charges?Panoli also said that on May 17 they went to their nearest police station, i.e., Anandapur police station, seeking protection from the miscreants as Sharmistha was receiving rape and murder threats in abusive the very same day, Gardenreach police allegedly approached court seeking an arrest warrant against her, claiming the family had absconded."She posted something on May 7 and then deleted it on May 8. On May 15 at around 10:30 am, Sharmishtha and I were sitting at Lal Bazar Police Station. On May 17, I went to Anandpur police station, but I was told that the senior officer in charge was on leave. On May 18, throughout the day, I kept sending messages to the police officer at headquarters who was in contact with me and some messages were sent to Anantapur police station," he also claimed that when the warrant was issued on May 17, he was with the police did not come to our flat. You can ask the security guards of our society. If there is an entry there, then you will find it,' he told India Today."If the police want to send a notice, they can send it through WhatsApp or mail. Neither did I receive any notice through WhatsApp nor through mail," he claimed that while returning to their flat, he spotted seven to eight people lurking suspiciously around his tower. Alerted by the sight, he booked flight tickets to Gurugram for himself and Sharmistha."We were scared because there was no action happening here and online threats were increasing. My daughter was getting calls and messages. By the time we reached Gurgaon, it was around three o'clock in the morning. We booked a hotel next to the airport and were in the city from May 20 to May 30," he even claimed that he was in touch with officials from the Kolkata Police from Gurgaon and Sharmistha even did an internship there between May 22 and 29."We were scheduled to leave for Gurgaon on May 22. However, we left on May 19 out of fear. Suddenly, on May 30, the police arrived there and they said that they had to bring her to Calcutta as there was an arrest warrant. But nothing was shown to us. Even the grounds of arrest were also not shared with us," he Reel
Sunday World
30-05-2025
- Sunday World
Man acted like ‘bull in a china shop' when he grabbed garda and threatened to choke him
Michael Davidson, Meeting House Lane, Linenhall Street, Dundalk, had been walking along the centre of the road in front of a Garda patrol vehicle before the incident occurred. A 43-year-old man grabbed a Garda by the lapels, forced him against a wall and threatened to choke him, Dundalk Court has heard. Michael Davidson, Meeting House Lane, Linenhall Street, Dundalk, had been walking along the centre of the road in front of a Garda patrol vehicle before the incident occurred. He pleaded guilty to being intoxicated in public, using or engaging in threatening, abusive or insulting behaviour or words, obstructing a Garda in the execution of his duty and a Section 35 pedestrian offence at Quay Street, Dundalk, on December 7, 2023. Dundalk Court. Stock image. News in 90 Seconds - May 30th Evidence was given that the defendant was walking in the centre of the road ahead of a patrol vehicle. He stopped and began shouting at it. Mr Davidson refused to move on several occasions before the Garda drove around him, pulled in and got out. The man again refused to move. He was shouting aggressively at the officer and, while being escorted, grabbed him by the lapels and forced him against a wall. He attempted to strike the Garda and said that he would choke him. He referred to 'a previous attack he carried out with a bottle'. There were 51 previous convictions. Barrister Niall Mackin said that the defendant was on medication and had addiction issues at the time. He completed a Turas Counselling Service course and was clean since. Mr Davidson had one child, one grandchild and was carer for his partner. He instructed that he would not be in trouble again. He had €300 to offer. Judge Nicola Andrews said she wouldn't let a situation pass with a charitable donation when a Garda was attacked. The defendant 'was like a bull in a china shop,' the judge added. He was remanded on continuing bail to June 11 for a probation report and community service assessment. Funded by the Courts Reporting Scheme
Irish Independent
29-05-2025
- Irish Independent
Louth man (43) acted like ‘bull in a china shop' when grabbing Garda
Michael Davidson, Meeting House Lane, Linenhall Street, Dundalk, had been walking along the centre of the road in front of a Garda patrol vehicle before the incident occurred. He pleaded guilty to being intoxicated in public, using or engaging in threatening, abusive or insulting behaviour or words, obstructing a Garda in the execution of his duty and a Section 35 pedestrian offence at Quay Street, Dundalk, on December 7, 2023. Evidence was given that the defendant was walking in the centre of the road ahead of a patrol vehicle. He stopped and began shouting at it. Mr Davidson refused to move on several occasions before the Garda drove around him, pulled in and got out. The man again refused to move. He was shouting aggressively at the officer and, while being escorted, grabbed him by the lapels and forced him against a wall. He attempted to strike the Garda and said that he would choke him. He referred to 'a previous attack he carried out with a bottle'. There were 51 previous convictions. Barrister Niall Mackin said that the defendant was on medication and had addiction issues at the time. He completed a Turas Counselling Service course and was clean since. Mr Davidson had one child, one grandchild and was carer for his partner. He instructed that he would not be in trouble again. He had €300 to offer. Judge Nicola Andrews said she wouldn't let a situation pass with a charitable donation when a Garda was attacked. The defendant 'was like a bull in a china shop,' the judge added. He was remanded on continuing bail to June 11 for a probation report and community service assessment.
