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Palestinian challenges Garda over decision not to investigate claim Israeli settlers are renting cabins on his land
Palestinian challenges Garda over decision not to investigate claim Israeli settlers are renting cabins on his land

Irish Times

time10-07-2025

  • Politics
  • Irish Times

Palestinian challenges Garda over decision not to investigate claim Israeli settlers are renting cabins on his land

A Palestinian man who lives in the West Bank has taken an action against the Garda Commissioner for refusing to investigate a complaint alleging that Israeli settlers barred him from his land and used it to build cabins, which were then advertised for rent on an Irish-registered website. The court ordered that the applicant cannot be named after he claimed his life would be under threat from the Israel Defense Forces (IDF). He is joined in the application by Palestinian rights group Sadaka, The Ireland Palestine Alliance Limited against the commissioner of An Garda Síochána . The applicants allege that the actions of the Irish-registered website in allowing the property to be booked constitute a crime. The initial complaint to gardaí in August 2024 alleged the website was 'an accessory to the crime of transfer, accessory to the crime of appropriation and money laundering'. The applicants seek a High Court order quashing an alleged February 2025 decision by gardaí not to proceed with an investigation into the matter. In papers lodged to the court by lawyers for the two applicants, it is claimed the cabins located in the Occupied Territories on land owned by the man were still being advertised online for rent as of May 2025. READ MORE In a sworn statement, Gerry Liston, a solicitor at KOD Lyons representing the applicants, claims he booked a stay at one of the cabins and printed off the website booking as evidence. It is claimed by the applicants that in the late 1990s the man was barred from accessing his lands by the IDF, and that this situation still exists. Papers lodged to the High Court claim that his inability to access the lands led to decay across various areas, a trend that persisted until 2004 when Israeli settlers began construction on the land. It is claimed the pace of construction increased in 2009 when two cabins were erected and advertised as rental properties online. This, the applicants claim, led to 'settlers profiting from the illegal construction on privately owned Palestinian land' without the consent of the applicant. In November 2024, gardaí wrote to the applicants saying an assessment of the complaint had taken place and that 'following careful consideration, it has been determined there are no offences disclosed within this jurisdiction and therefore a criminal investigation is not warranted'. Last February, gardaí responded to follow-up correspondence saying the matter was closed but that 'the information, however, has been recorded for intelligence purposes by the Garda National Economic Crime Bureau'. [ 'Groundbreaking' case over Airbnb lettings in West Bank will set precedent for Irish companies, says Senator Opens in new window ] A replying letter to gardaí from the plaintiffs said the suggestion that there was no evidence of a crime having been committed in Ireland was 'not a sound basis upon which to decline to investigate' and submitted that gardaí had made an error in law. It is submitted the three allegations could be investigated under Section 3 of the Geneva Convention, Section 7, of the International Criminal Court Act and also under Ireland's Money Laundering and Terrorist Financing Act. The applicants claim material submitted to gardaí 'clearly demonstrates offences which were committed in Ireland'. They accept there are 'practical limitations' on gathering evidence outside of the jurisdiction, but add: 'The gardaí are not limited to gathering evidence of offences in Ireland and can gather evidence in Ireland relating to offences committed abroad prosecutable in Ireland'. At the High Court this week, James B Dwyer SC, for the plaintiffs, applied to Ms Justice Marguerite Bolger to have the man anonymised. In his affidavit outlining why the man should be anonymised, Mr Liston submitted that should his client be identified he 'would be in danger from the Israeli authorities'. 'The danger ranges from harassment, to physical harm and even death,' he states. Ms Justice Bolger anonymised the man, adjourned the matter to October and said the Garda Commissioner should be put on notice.

Palestinian challenges Garda decision not to investigate claim Israeli settlers renting cabins on his land
Palestinian challenges Garda decision not to investigate claim Israeli settlers renting cabins on his land

BreakingNews.ie

time09-07-2025

  • Politics
  • BreakingNews.ie

Palestinian challenges Garda decision not to investigate claim Israeli settlers renting cabins on his land

A Palestinian man who lives in the West Bank has taken an action against the Garda Commissioner for refusing to investigate a complaint alleging that Israeli settlers barred him from his land . He also claims the land was used to build cabins, which were then advertised for rent on an Irish-registered website. Advertisement The court ordered that the applicant cannot be named after he claimed his life would be under threat from the Israeli Defence Forces (IDF). He is joined in the application by Palestinian rights group Sadaka, the Ireland Palestine Alliance Limited, against the Commissioner of An Garda Síochána. The applicants allege that the actions of the Irish-registered website in allowing the property to be booked constitute a crime. The initial complaint to gardaí in August 2024 alleged the website was an alleged accessory to the crime of transfer, accessory to the crime of appropriation and money laundering. Advertisement The applicants seek a High Court order quashing an alleged February 2025 decision by gardaí not to proceed with an investigation into the matter. In papers lodged to the court by lawyers for the two applicants, it is claimed that the cabins located in the Occupied Territories on land owned by the man were still being advertised online for rent as of May 2025. In an affidavit dated May 8th, 2025, Gerry Liston, a solicitor at KOD Lyons, representing the applicants, claims he himself booked a stay at one of the cabins and printed off the website booking as evidence. It is claimed by the applicants that in the late 1990s, the man was barred from accessing his lands by the Israeli Defence Forces, and that this situation still exists. Advertisement Papers lodged to the High Court claim that his inability to access the lands led to decay across various areas, a trend that persisted until 2004 when Israeli settlers began construction on the land. It is claimed that the pace of construction increased in 2009 when two cabins were erected and advertised as rental properties online, which the applicants claim led to 'settlers profiting from the illegal construction on privately-owned Palestinian land' without the consent of the applicant. In November 2024, gardaí wrote to the applicants saying that an assessment of the complaint had taken place and that 'following careful consideration, it has been determined that there are no offences disclosed within this jurisdiction and therefore a criminal investigation is not warranted'. Last February, gardaí responded to follow-up correspondence saying that the matter was closed but that 'the information, however, has been recorded for intelligence purposes by the Garda National Economic Crime Bureau'. Advertisement A reply letter to gardaí from the plaintiffs said the suggestion that there was no evidence of a crime having been committed in Ireland was 'not a sound basis upon which to decline to investigate' and submitted that gardaí had made an error in law. It is submitted that the three allegations could be investigated under Section 3 of the Geneva Convention, Section 7 of the International Criminal Court Act and also under Ireland's Money Laundering and Terrorist Financing Act. At the High Court this week, James B Dwyer SC, for the plaintiffs, applied to Ms Justice Marguerite Bolger that the man not be identified. Ms Justice Bolger granted the order and adjourned the matter to October.

Taranaki farmers consider options after Mt Messenger Bypass court setback
Taranaki farmers consider options after Mt Messenger Bypass court setback

RNZ News

time03-07-2025

  • Politics
  • RNZ News

Taranaki farmers consider options after Mt Messenger Bypass court setback

The Transport Agency wants to compulsorily acquire 11 hectares of Tony and Debbie Pascoe's' cattle farm. Photo: Ken Downie Taranaki farmers fighting the compulsory acquisition of 11 hectares of their land for the Mt Messenger Bypass project say they're considering their options after another setback in the courts. The Transport Agency wants to compulsorily acquire 11 hectares of Tony and Debbie Pascoe's cattle farm under the Public Works Act for the project. The $365 million bypass is a new two-lane 6km route between Uruti and Ahititi that avoids the existing steep, narrow and winding route over Mt Messenger on State Highway 3. The couple argue that the process for selecting the route and acquiring their land had been flawed, but the High Court - which has issued four new appeal decisions - disagreed. The Transport Agency has welcomed the decisions - the latest of 20 court rulings involving the Pascoes land - saying it marked a significant milestone for the project. One of this week's appeal findings related to a 2024 Environment Court decision - which supported the compulsory acquisition - and involved the selection of the bypass route. Three other decisions related to the process for acquiring the couple's land. The Pascoes, who have already been granted leave to appeal issues relating to the compulsory acquisition to the Supreme Court , said they were still considered the High Court decisions. "While we have not yet had an opportunity to fully review yesterday's decisions, we have already identified a number of fundamental errors. "It appears that Justice McQueen has failed to exercise reasonable skill, care and diligence in the performance of her duties to us and to the people of this country." The couple said the Supreme Court had determined in a number of high-profile instances that there had been miscarriages of justice and cases were not properly determined by the lower courts. "We believe that yesterday's decisions are in this category, and it is likely that we will appeal. "Being deprived of somewhere tenable to live and the ability to make a living is barbaric and an abomination under the Public Works Act." Taranaki farmer Tony Pascoe. Photo: Ken Downie The Supreme Court appeal was scheduled to be heard on 14 October. NZTA regional manager of infrastructure delivery Rob Partridge said the rulings marked a significant milestone for the project, following years of legal challenges. "While it is always our preference to acquire land through agreement, this has not been possible, despite extensive efforts including numerous offers made to the landowners." Partridge said since 2017, there had been many attempts to acquire the land by agreement, and the landowners had been presented with 20 offers including options for new housing elsewhere across their 683-hectare landholdings. "The delays in securing this land have come at a considerable cost. NZTA plans to update the overall project cost later this year, factoring in the impacts of these delays, as well as inflation and rising construction costs." Te Ara o Te Ata - Mt Messenger Bypass project construction in February 2025. Photo: NZTA / Waka Kotahi Partridge said following the latest court decision NZTA would now request the Crown take the necessary steps to become the legal owner of the 11-hectare parcel of land. "So that, subject to any further legal challenge against this process occurring, the Mt Messenger Alliance can begin works on the northern section as soon as possible." The work was then expected to take four full construction seasons, from October to April, to complete, Partridge said.

140 years later: Artifacts from the North-West Resistance
140 years later: Artifacts from the North-West Resistance

CTV News

time28-06-2025

  • Politics
  • CTV News

140 years later: Artifacts from the North-West Resistance

The first cannon fired by the North-West Field Forces at Batoche, Saskatchewan. 1885. James Peters, Library and Archives Canada, based on e011156617_s1; C-03464. Among the armed conflicts that have involved the Canadian government, the 1885 North-West Resistance may not be the most well-known, but preserved artifacts from across the prairies serve as a reminder of the fatal conflict. The North-West Resistance was fought between the Canadian government and the Métis along with First Nations, triggered by concerns over land rights, starvation and other grievances stemming from westward expansion. 'This was a huge mistake,' said Will Goodon, Manitoba Métis Federation Minister of Housing and Identity Protection, 'when [Canada] went to war against its own citizens.' Between March and June of 1885, concerns escalated into armed resistance centred across modern-day Saskatchewan and part of Alberta—then the North-West Territories. 95th Manitoba Grenadiers at Fort Qu'Appelle, Saskatchewan 95th Manitoba Grenadiers at Fort Qu'Appelle, Saskatchewan, 1885. University of Winnipeg Archives, Western Canada Pictorial Index, Gerry Dupont and Carla Davidson Collection (North-West Resistance Photographs) (uw_21-004_001_0001_005). Leading up to the conflict Before the conflict, petitions and letters were sent to Ottawa addressing these grievances in hopes of a resolution. 'These people were Canadian citizens by now, and they looked to their country to protect them. And if their country is not going to protect them, who will? And so, the outlook was more and more bleak,' said Goodon. The Métis eventually brought Louis Riel—founder of the province of Manitoba and central figure in the 1869-70 Red River Resistance—back to the Canadian prairies in 1884. Portrait of Louis David Riel, taken between 1870-1873. H. Noverre, Library and Archives Canada, Jean Riel fonds, based on e011156648. Portrait of Louis David Riel, taken between 1870-1873. H. Noverre, Library and Archives Canada, Jean Riel fonds, based on e011156648. Riel would later state at his trial that upon his return to the Northwest, he viewed the Métis as 'deprived of their public liberties,' getting further malnourished by the day and that they were 'deprived of responsible government.' On March 19, 1885, the Provisional Government of Saskatchewan was established with Riel as leader and Gabriel Dumont as adjutant general. Crossfire began one week later between the Métis and the North-West Mounted Police near Duck Lake, approximately 80 kilometres northeast of Saskatoon, Sask. Over 5,000 troops sent by the federal government Prime Minister John A. MacDonald would respond publicly that week in the House of Commons, saying that troops would be called upon and dispatched by the Canadian Pacific Railway. 95th Manitoba Grenadiers at Portage la Prairie, Man. 95th Manitoba Grenadiers at Portage la Prairie, Man., 1885. Archives of Manitoba, Guards Association in Canada fonds, PR1977-63, P5255/6. More than 5,000 troops are documented to have served on the federal government's side during the conflict from across the country. Battalions were also raised in Winnipeg, including the 92nd Winnipeg Light Infantry, the 90th Winnipeg Rifles, and the Winnipeg Field Battery of Artillery. Several battles ensued over the following months, including the Battle of Fish Creek, the Battle of Cut Knife, the Frog Lake Massacre, and the Battle of Batoche, which ultimately led to the collapse of the provisional government. One hundred and forty years later, the Royal Canadian Artillery (RCA) Museum in Shilo, Man., still holds a gun that was used at the time by Canadian government forces. The nine-pounder rifled muzzle loading (RML) gun was one of four used by 'A' Battery at the Battle of Fish Creek and the Battle of Batoche, according to Andrew Oakden, RCA Museum director. Nine-pounder rifled muzzle loading gun Nine-pounder rifled muzzle loading gun at the Royal Canadian Artillery Museum in Shilo, Man. (RCA Museum) On loan from the RCMP, the RML gun has a range of approximately three kilometres and lacks a recoil mechanism—requiring repositioning after each shot. 'They were outmatched at the end, just on the sheer modernity of the weaponry,' said Goodon, adding that a Gatling gun from the U.S. was also used on the government's side. 'Near the end, the Métis had no bullets. They were melting down cutlery, putting rocks in their muskets.' Meanwhile, in Saskatchewan, the Gabriel Dumont Institute has a rusted 12-gauge double-barreled shotgun, pistol fragments, and a knife fragment among their collection of Métis artifacts, which were recovered from the battlefields. Images courtesy of the Gabriel Dumont Institute / Dennis and Jean Fisher Collection A double-barreled shotgun (left), pistol fragments and a knife fragment retrieved from battlefields of the North-West Resistance in Sask. Images courtesy of the Gabriel Dumont Institute / Dennis and Jean Fisher Collection. ( The institute also has a nine-pound projectile which may have come from the RML gun now at the RCA Museum. The cannon projectile was retrieved from a battlefield at Batoche in 1968, prior to Parks Canada acquiring the land for the present-day historic site. Nine-pound cannon projectile Nine-pound cannon projectile retrieved from a battlefield in Batoche, Sask. Image courtesy of the Gabriel Dumont Institute / Dennis and Jean Fisher Collection. ( Over 100 people died during the conflict, according to the Canadian War Museum. 'We lost a lot of young people who were just fighting for their homes, fighting for their families,' said Goodon. One of the medical equipment kits that was used by an assistant surgeon with the 92nd Winnipeg Light Infantry is on display at the Fort Battleford National Historic Site. Medical equipment of Stephen Thomas Macadam Medical equipment of assistant surgeon Stephen Thomas Macadam with the 92nd Winnipeg Light Infantry. (Fort Battleford National Historic Site) The Métis forces were eventually defeated by government troops, with Riel being arrested and put on trial for high treason. He was found guilty by a jury and hanged in Regina, Sask., on Nov. 16, 1885. 'We all know that we have one of the best countries in the world, but it has made mistakes in the past,' said Goodon.

Peka backs positive discrimination for Orang Asli
Peka backs positive discrimination for Orang Asli

Free Malaysia Today

time05-06-2025

  • Politics
  • Free Malaysia Today

Peka backs positive discrimination for Orang Asli

Peka said the government should return all land belonging to the Orang Asli. (Bernama pic) PETALING JAYA : An environmental group is pushing for positive discrimination for the Orang Asli following calls for the community to be constitutionally recognised and granted safeguards and affirmative action measures similar to those of other indigenous groups. Peka president Rajesh Nagarajan said Article 8(5)(c) of the Federal Constitution stipulates the reservation of land and positions in public service for natives. However, he said the Orang Asli were treated like foreigners in their own land. He also said that their land had been seized and the community left with nothing, 'completely unable to fend for themselves'. 'We demand that the government return all land belonging to the Orang Asli and for state governments to declare that the Orang Asli permanently own all land that they are occupying,' Rajesh, a vocal advocate for Orang Asli rights, said in a statement. Rajesh's statement comes a day after the Human Rights Commission of Malaysia (Suhakam) called for Article 153 of the Federal Constitution to be amended to explicitly recognise the Orang Asli as entitled to the same constitutional safeguards and affirmative action measures as other indigenous groups. Suhakam said such recognition was essential to ensuring that the rights, identity, and entitlements of the Orang Asli were no longer subject to administrative ambiguity or exclusion. It also said the amendment was in line with its call to develop and implement a comprehensive national action plan to safeguard the rights of indigenous peoples.

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