Monthly Archives: September 2021

It was when the gang leader, Gerry ‘The Monk’ Hutch, returned to Ireland to stand trial for the Regency Hotel shooting.

he military plane carrying Hutch landed at Casement airfield in Baldonnel last night, where he was arrested before being transported to Dublin’s Special Criminal Court under armed escort.

“The monk” (58) had been in hiding in the Fuengirola region of southern Spain since a European arrest warrant was issued against him in April for the murder of David Byrne at the hotel Regency in 2016.

Last night he appeared in court for the murder of David Byrne at the Regency Hotel over five years ago.

During the brief hearing, a trial date was set for October 3 next year as defense attorney Gerard Hutch said he reserved his position on the legality of his arrest and jurisdiction court.

The 58-year-old was brought before the special criminal court this evening in a major security operation following his extradition from Spain.

There was a significant presence of uniformed and plainclothes guards inside the grounds of the Judicial Complex when Gerard Hutch was transferred to the Criminal Courts of Justice (CCJ) on Parkgate Street.

An armed convoy comprising members of the Emergency Response Unit (ERU) participated in its transport to court.

Shortly after 8 p.m. he was presented to the three judges and formally charged with the murder of David Byrne (33) at the Regency Hotel in Whitehall, north Dublin, on February 5, 2016.

Kinahan’s associate was shot dead during a boxing weigh-in after being stormed by an armed gang disguised as a fake gardaí and a man in a transvestite.

Dressed in a black mask, beige suit jacket, white shirt, mustard stockings and black boots, Gerard Hutch spoke only briefly when he said “yes” to confirm his decision. name.

He was escorted out of the courtroom by a number of plainclothes guards.

Superintendent Paul Scott, of Ballymun Garda Station, said he arrested the accused at Baldonell Airfield at 7:12 p.m., in accordance with the arrest warrant.

The senior guard official also said he informed Gerard Hutch that the DPP had certified that ordinary courts were inadequate for the administration of justice and the perseverance of the peace, and that he should be tried in a tribunal without a jury .

Superintendent Scott told state lawyer Ciara Vibien that he also informed Gerard Hutch on the courtroom.

A compendium of evidence and a USB key were then served on the accused. Judge Tony Hunt has also set a date for the trial for October 3, 2022, when four other defendants are due to stand trial.

Defense attorney Brendan Grehan SC said he reserved his position on the legality of his client’s arrest and the jurisdiction of the tribunal without a jury.

Mr Grehan also said they were taking instructions regarding a bail application that would require “serious consideration”.

He added that there may be a request for a separate trial date or other pre-trial requests.

The court heard that Gerard Hutch was also vaccinated and tested negative for Covid-19 yesterday, which Mr Grehan said was mentioned to ensure he had access to his legal team.

Judge Hunt, presiding with Judge Sarah Berkley and Judge David McHugh, remanded him to remand to appear in court again on Friday, October 15.

After his court appearance, Gerard Hutch was taken in an armed convoy into police custody.

He had spent more than a month in a Madrid prison as he tried to fight his extradition to Ireland on the grounds that he was a Spanish resident taxpayer whose life was threatened.

“The monk” was arrested in the region of Fuengirola, in southern Spain, last month, where he had been in hiding since the European arrest warrant (EAW) was issued against him by the High Court in April.

His nephew Patrick Hutch Jr (28) had previously been charged with the murder of David Byrne and tried in the special criminal court.

This was the case with the state that he was the trolling agent involved in the gun attack, but the charges were subsequently dropped.

Gerard Hutch is currently the fifth person charged in connection with the investigation into the Regency Hotel shooting.

Former Sinn Fein adviser Jonathan Dowdall (44) appeared in court without a jury last April for the murder of David Byrne.

Three other men – including Dowdall’s father – were taken to court earlier this month as part of the investigation.

Patrick Dowdall (64), from Navan Road, Dublin 7, Jason Bonney (50) from Drumnigh Wood, Portmarnock, Dublin 15, and Paul Murphy (59) from Cherry Avenue in Swords are each charged with a single offense unlike in section 72. of the Criminal Justice Act 2006, replaced by section 6 of the Criminal Justice Act 2009 (amendment).

Patrick Dowdall is said to have become aware of a criminal gang and allegedly aided them in the murder of David Byrne by making a room at the Regency Hotel available to its members on February 4, 2016.

Jason Bonney and Paul Murphy are accused of aiding the criminal gang in the murder by each making a motor vehicle available to its members on the day of the murder.

Athens, Greece – Greece announced an agreement for the purchase of six to eight French-built warships accompanied by a strategic defense partnership with France, a move that the Greek Prime Minister called “the first step towards autonomy of European defense ”.

Alongside French President Emmanuel Macron at the Elysee Palace, Kyriakos Mitsotakis said on Tuesday: “We have a common vision of a capacity to respond autonomously to the challenges facing Europe”.

The $ 5 billion deal will provide Athens with three state-of-the-art Belharra frigates and three Gowind corvettes, with an option for one more of each.

According to local information, the ships would be delivered by 2026, with the first frigate arriving as early as 2024.

The French naval group and US defense contractor Lockheed Martin had been in fierce competition for the contract since Mitsotakis announced Greece would purchase new frigates in September 2019.

For Macron, it was a well-deserved victory after Australia reneged on a $ 66 billion deal to buy French diesel submarines earlier this month, announcing plans to build nuclear submarines. using technology provided by the United States instead as part of the Aukus Agreement, a trilateral security treaty. between Australia, UK and US.

Macron stressed that the Greek agreement reinforced his vision of European strategic autonomy.

“We are committed to the independence of Europe,” he said. “This is part of the common struggles we have undertaken in Europe – technological independence, European defense and combat readiness.”

The two leaders mentioned the Sahel, the Middle East, the Mediterranean and the Balkans as areas of European interest where joint military action could take place.

Greece and France have come closer in recent years, against the backdrop of deteriorating relations with Turkey.

Last year, Greece and Turkey were on the brink of war when Ankara sent investigative vessels to search for submarine oil and gas in what Greece considers its maritime jurisdiction.

France sent naval forces to help Greece’s aging fleet of 11 frigates patrol its sea areas and the two countries have since held joint and multilateral air and sea exercises in the Aegean and Eastern Mediterranean.

Last year Greece announced the purchase of 18 fourth-generation Rafale fighter jets for $ 2.5 billion. Mitsotakis increased the number of jets to 24 this month.

“It’s not a simple arms sale. It is a strategic agreement that changes the situation in the Eastern Mediterranean, ”said professor of international relations Dimitris Kairidis of the naval agreement.

“France is filling a security vacuum in the region. There is a mutual defense agreement, so if we face any problems, we have a nuclear power and a permanent member of the Security Council by our side. “

The 2020 crisis follows the biggest economic recession on record in Greece following the post-2008 global financial collapse. Greece has halved its defense spending.

“There was no purchase of spare parts, there were operational problems, there were frigates which could not navigate and planes which could not fly,” the professor of international relations told Al Jazeera. at the American College of Greece Konstantinos Filis.

In 2018, Greece signed a $ 1.3 billion deal with the US Lockheed Martin to upgrade 85 of its F-16 fighter jets to Viper level, installing radar and systems on board. advanced weapons.

The Rafale and the Viper will both outclass Turkey’s permanent fleet by approximately 236 aging F-16s.

“With the modernization of the F-16s, the purchase of Rafale and the purchase of frigates, Greece is covering some of the lost ground,” Filis said. “Because all these years Turkey has significantly strengthened its defense industry. In a very short time, more than 70% of its systems are made at home. “

Turkish drones Bayraktar TB2, which are capable of weaponry, turned the tide of wars in Libya and Nagorno-Karabakh last year and could pose a formidable threat in the Aegean Sea.

Mitsotakis struck a conciliatory note on the eve of the chord.

“I have no desire to enter an arms race with Turkey – it is not my intention,” he told public broadcaster ERT on Monday evening.

This month, he told the 76th United Nations General Assembly: “I have a vision for the Eastern Mediterranean. Instead of fighting the battles of the last century over hydrocarbons, a declining commodity, we must join forces to cooperate against new common enemies – the climate crisis which affects our two countries equally, but also the threat of migration. illegal.

But the massive modernization of Greece’s armaments, even though its national debt has reached almost double the gross domestic product (GDP), is clearly due to Turkey.

“Let’s face it, Greece is doing all of this because of its problems with Turkey,” Filis said. “If we had Switzerland’s neighbors, things would be much simpler and the money would go to education, health and the welfare state.

Greece was also keen not to give the impression that its deal with France was damaging its key relationship with the United States.

Greek Foreign Minister Nikos Dendias is visiting Washington on October 14 to sign a new mutual defense cooperation agreement aimed at strengthening cooperation.

Not just a renewal but an upgrade

Military sources say the Belharra increases Greek capabilities in the eastern Mediterranean.

“The Belharra… form a single aircraft unit with the Rafale… these systems work much better in a network, and their missiles project power into the air because they have a very long range and are very capable,” Konstantinos Grivas said. , who teaches weapons systems at the Hellenic Army Academy.

The Belharra frigates will carry Aster-30 hypersonic surface-to-air missiles, capable of traveling at four and a half times the speed of sound and striking guided ballistic missiles. The Rafales carry Meteor air-to-air missiles. Both systems have a range of over 100 km (62 miles) and are supported by sophisticated radar systems.

“These are state of the art weapons,” Grivas told Al Jazeera. “They are at the top of their category among the Eastern and Western systems. We are entering the group of states that can strike targets at great distances.

Admiral Stelios Fenekos agrees that the Belharra are a game-changer.

“They cover areas where we have had limited capacity so far. The frigates can easily span the full breadth of the Eastern Mediterranean and increase the country’s international presence.

He underlined their ability to establish air and naval control over a large area.

“An enemy pilot should think very carefully before approaching within 200 km of these ships,” Fenekos said.

Importantly for Greece, these are not systems that France is offering to Turkey.

This contrasts with Germany’s decision to sell its sophisticated Type 214 submarines purchased by Greece to Turkey in 2000.

“It’s a strategic choice of the French since they sold Mirage fighters to Greece [in the 1980s]”Filis said.” They are not selling Turkey the same weapons.

When something is wrong with your marriage and you are facing a military divorce while posted abroad, you can feel incredibly isolated. And, like it or not, military commands are more involved in your life than you are used to, especially when it comes to your impending divorce. It may sound very boring, but sometimes it can be useful.

While this article does not have the answer to all questions about divorce abroad, it is a good place to start to answer some basic questions. Most importantly, remember that even though the lawyers have shared information here, they are not your lawyers and you should not take this as legal advice for your particular situation.

Among the questions you can ask yourself:

• How is Divorce Abroad Different from Divorce While Living in the United States?
• Who has jurisdiction?
• What if you want to leave your duty station abroad before the divorce is final?
• What changes if you have children?
• How does the SCRA apply to divorce?
• What should you look for in a lawyer?

Divorce in the military is measured differently from overall divorce rates in the United States. The military divorce rate is a comparison of the number of people married at the start of the year and the number of people who reported divorced at the end of the year. In 2019, this rate was 3%.

Do you have to get divorced while living abroad?

Divorce abroad is much more complicated. Sometimes so much more complicated that couples can wait until they return to the United States to begin the procedure.

“It may be logistically impossible to facilitate divorce while abroad due to the complex demands of litigation in local state courts,” noted Sean Timmons, partner at Tully Rinckey Attorneys and Counselors at Law, a firm with offices in the United States. in an email to Military.com.

In addition to limited legal resources abroad and living physically away from your family and support system, complications continue when you consider custody agreements, mandatory separation periods, finding a lawyer. and determining jurisdiction. That’s not to say that you shouldn’t get a divorce while living abroad, just that there may be additional layers to the process.

Who has jurisdiction?

When living in the United States, you can file for divorce in the state they live in – even if you got married in another state – as long as you meet the residency requirements. Typically, you file in the last state in the United States where the parties resided for more than 91 days, said Melissa C. Guggisberg, former military wife and licensed lawyer in Colorado.

But, like many things, divorce can be more complicated when you are a military spouse, because you moved and then moved out of the country. Another determining factor is the member’s domicile or state of origin. Guggisberg said the state of origin is a good place to start if parties can’t agree on which state to file in.

Again, when children are involved, this further complicates matters.

“Children are generally expected to reside in the appropriate jurisdiction for 182 days prior to filing, so that state can enter custody and parenting orders,” Guggisberg said.

Ideally, parents can agree on an appropriate state in which to file, but if the member is filing without the spouse’s knowledge, it may be necessary to assess jurisdiction.

What should you do first?

“I have advised, when there is an ongoing divorce and the parties are abroad, that the spouse consider sharing with the command. Not in a malicious way, but in a way that allows them to tap in the available resources and to have the opportunity to return home, “said Guggisberg.

The Early Return of Dependents (EDR) process is used in many situations, and a pending divorce could be one of them. An ERD is usually approved by the garrison commander, provided it is level O-6 or above. The service member must demonstrate a valid need for dependents to return early, that the problem arose after they moved overseas and that local resources cannot resolve the problem, according to the information on this sheet. .

This information from 7^e JMTC Legal Aid (Germany) says that if the service member refuses to submit to an ERD, the spouse can do so – which can be helpful in the context of an ongoing divorce.

If safety is a concern, the spouse should do whatever is necessary to be safe, which may mean not waiting for the ERD process or alerting the command of a dangerous situation.

Another layer of potential complications exists if children are involved. If you decide not to wait for an approved DRE, a basic notice of intent to leave the country and take the children is required, Guggisberg said.

“And that’s just because you don’t want there to be a perception that they were trying to run away with the kids or hide the kids from the military. What if there’s an open door of contact [with the unit], so it’s easy to tell, that wasn’t what they were doing. But again, if there are issues of safety and domestic violence, there is usually wiggle room, at least under Colorado law, ”Guggisberg said.

There may be different views on some of these things depending on the law of each state. “And obviously one of the complications is that divorce and divorce law are dictated by the jurisdiction of each state,” Guggisberg said. “But of course there are overarching federal issues that come into play when dealing with the military.”

If the military spouse cannot leave the country for financial or logistical reasons, this does not mean that the divorce proceedings cannot continue. Guggisberg said many jurisdictions allow you to appear remotely, use e-filing options, and allow both parties to access the court system electronically – which makes her less of a concern today than it does. was not ten years ago.

What about SCRA?

The Servicemembers Civil Relief Act (SCRA), which was originally enacted to ease the financial burden on service members, also offers some protection during civil lawsuits or civil matters, including divorce, Guggisberg says, but it is rarely used as a reason not to proceed. with divorce.

SCRA, Guggisberg explained, is designed to prevent the service member from not noticing that he or she is suddenly divorced – which could happen if not served properly and therefore not responding in a timely manner. that makes the divorce seem unchallenged. And so, if proper notice can be provided and the service member can participate in some way, even if it is from a distance, then many judges will go ahead and not allow SCRA to trigger a delay.

Still, if your service member is geobaching, SCRA could delay your divorce proceedings until your service member comes to the United States, Timmons said in an email.

“If the service member is overseas under the SCRA, the service member may request that the proceedings be delayed until they can physically appear in court to witness the proceedings,” a- he declared. “SCRA relief can significantly delay proceedings. “

What kind of lawyer do you need?

When facing a divorce, you’ll need representation, and despite claims that the first person to go to JAG gets legal advice, that’s not exactly the case. You’re going to want your own lawyer, one who specializes in divorce and understands the military. One place to find a lawyer would be the Military Spouse JD Network’s public directory.

“One of the biggest values ​​I have in my clientele is that I can talk to them militarily and they love being able to come in and use their acronyms, talk about military time and talk about their MOS,” Guggisberg said. “I think a basic understanding of the military is definitely something a spouse or military person wants to consider when hiring a lawyer.”

Another thing to keep in mind is: Does your personality match that of your lawyer? Do they understand your ultimate goals? Guggisberg describes herself as a problem solver, not a “shark that will take your mate for all his worth,” and that’s an important thing to know about your lawyer.

“I encourage anyone interviewing a lawyer to consider whether it is appropriate for them to be open about what they are looking for and what their goals are and to be open about their needs so that the lawyer can then assess these compatibilities. “Said Guggisberg.

Divorce is complicated at the best of times. Surprises, custody battles and life abroad are often not the best of times. By finding a competent lawyer, knowing your options as a military spouse living overseas, and determining what to expect from the situation, you will be well on your way to reaching a resolution.

Keep up to date with the ins and outs of military life

For the latest military news and tips on military family benefits and more, subscribe to Military.com and get the information you need straight to your inbox.

View full article

(Reuters) – A federal appeals court ruled on Monday that military families who allege they were kept in the dark about pesticide contamination at a Hawaii Navy base can pursue their claims in a court of law. State, reigniting their legal action against companies that have rented them homes on the base.

In a victory for the families, a unanimous panel of the 9th U.S. Court of Appeals overturned a lower court ruling that rejected their offer to remand the case. The panel ruled that under the law that admitted Hawaii as a U.S. state, Honolulu shared jurisdiction with the federal government over the Hawaii Marine Corps (MCBH) base on the island of Oahu.

Kyle Smith, who represents the tenants, including Kenneth Lake, said that “we are pleased that the courts of the State of Hawaii have the opportunity to adjudicate on these important questions of the law of the State of Hawaii” .

Randall Whattoff of Cox Fricke, who represents real estate firm Ohana Military Communities (OMC) LLC and co-defendant Forest City Residential Management Inc, said OMC disagreed “with the ruling that the federal courts do not have the jurisdiction to review matters arising at a Marine Corps facility. ” The company intends to seek a full review of the decision, he added.

Lake and other family members of the military who rented homes from the companies sued them in Hawaii state court in 2016. The plaintiffs alleged that the companies, which they said built and jointly operated the base’s private accommodation, did not inform their tenants that MCBH’s soil was contaminated with chlordane and other pesticides. The contamination exposed families to dangerous conditions, including higher cancer risks, they say.

Chlordane was applied to the foundations of houses to control termites. It was banned in 1988.

The WTO has confirmed the pesticide contamination and has developed a plan to mitigate its risks, according to the complaint. Mitigation measures included the development of maps detailing where soils contaminated with pesticides had been found, and requiring that no “visible dust” be emitted during demolition and construction activities, he said.

The companies in 2016 withdrew the lawsuit in federal court. There, U.S. District Judge Leslie Kobayashi, in several rulings, rejected the residents’ request to send it to state court and dismissed all but one of their 11 claims. They ranged from breach of contract to violations of the state’s landlord-tenant code. The plaintiffs appealed in 2019.

Writing for the 9th Circuit panel, U.S. Circuit Judge Ryan Nelson wrote that under the Admission Act, which officially made Hawaii the 50th state, the United States and Hawaii have jurisdiction ” concurrent ”on the military base, with one exception: the areas that Washington has designated as critical fall under its exclusive jurisdiction.

“We have not found any evidence that MCBH is such a designated ‘critical area’,” Nelson wrote.

“Hawaii’s concurrent jurisdiction means that the state law governing plaintiffs’ claims is still the law of Hawaii – not federal law,” he wrote.

The judge, joined by U.S. Circuit Senior Judge Richard Clifton and U.S. Circuit Judge Daniel Collins, disagreed with the lower court’s finding that federal jurisdiction prevailed, despite concurrent jurisdiction, because the dispute involved “substantial federal interests”.

And the panel rejected the companies’ argument that the case belonged to a federal court under the Federal Officers Dismissal Act because OMC acted as a federal officer in providing housing services to the request of the Navy.

The case is Lake v. Ohana Military Communities, 9th US Circuit Court of Appeals, # 19-17340.

For Kenneth Lake et al: Kyle Smith of the law firm of Kyle Smith

For the military communities of Ohana et al: Randall Whattoff of Cox Fricke

Saskatchewan Premier Scott Moe said his government has not asked the federal government to send military or healthcare workers to support the battle against COVID-19 in hospitals, but has discussed other areas of potential help.

On Monday, Moe spoke with a Saskatoon-based radio show and said COVID-19-related hospitalizations and intensive care admissions more than doubled from September 1 to 26.

“The pressure is very real. The pressure is pretty extreme,” Moe said.

He said more than 80% of intensive care patients are not vaccinated and they come from the 30% of the eligible population who are not fully vaccinated.

“If you don’t believe in science, it’s math.”

Moe said he wouldn’t rule out seeking help if there was no indication of a spike in cases.

Moe’s comments were confirmed in a letter written by Saskatchewan Health Minister Paul Merriman and obtained by CBC News on Monday evening.

The letter Merriman wrote to his federal counterpart sets out some of the issues he would like the federal government to help:

• Increase immunization in regions of the province, including indigenous communities.
• Increased access to rapid self-tests and make them free.
• Financial support and accelerated deployment of monoclonal antibody therapy for hospitalized COVID patients.

Three types of monoclonal antibody therapy have been approved for use in Canada: bamlanivimab, sotrovimab, and the combination of casirivimab and imdevimab.

In Monday’s interview, Moe said monoclonal treatments are “expensive” and “not a substitute for a vaccination.”

Federal Minister offers help

Federal Health Minister Patty Hajdu in a tweet on Friday confirmed that she spoke to Merriman and “made sure he knew the federal government would be there to help the people of Saskatchewan in this matter. health crisis. We are ready to help wherever we are needed. “

Hajdu told CBC News on Sunday that Saskatchewan has yet to formally request federal assistance, but that “we’ll be ready as soon as they trigger that request.”

The federal government is helping Alberta after the province makes a formal request. It will help overhead lift patients, intensive care registered nurses and respiratory therapists.

Saskatchewan set a new record for active cases, new cases and hospitalizations on Sunday. On Monday, the province reported 289 hospitalizations, another all-time high.

Saskatchewan reported 552 new cases on Sunday, while Ontario – with about 13.5 million more people – reported 653.

Saskatchewan and Alberta were the hardest hit by wave four. The death rates in the two provinces are about four times that of the rest of Canada.

Rapid tests

As for rapid tests, the federal government already offers free rapid antigen testing for small and medium-sized businesses in Saskatchewan.

Two weeks ago, Moe said the province had obtained a million rapid antigenic tests from the federal government.

According to federal government records, Saskatchewan received 3,731,392 rapid antigenic tests. It sent 3,102,308 tests to their final point of service. Only 618,260 of the more than 3.7 million tests received (16.5%) were reported used to Health Canada.

But Merriman’s letter details a request to the federal government for “expedited approval” of “off-label” rapid tests.

These off-label tests cannot currently be provided by pharmacies to the general public.

This is something Merriman says he hopes will be resolved as the province seeks to speed up provincial testing.

“Health Canada’s approval of these options would aid our efforts to ensure that the tests are readily available to the general public,” wrote the Minister of Health.

Boost vaccinations

Last week, Moe criticized the federal government for not doing more to vaccinate First Nations people.

“Our Far North and our Indigenous communities have an immunization rate of less than 50% – an area of ​​exclusive federal jurisdiction,” Moe tweeted. “I hope … [Trudeau] will work with Saskatchewan to immediately increase the immunization rate in these critical communities. “

Federal Native Affairs Minister Marc Miller called Moe’s comments “alarming and unproductive.” In an online response, Miller said Moe had “a poor understanding of his own health care system and the role it plays” in northern Saskatchewan.

The far north regions of the province are inferior to the rest of the province in the percentage of eligible people who are fully vaccinated.

The far north of the center has 44% fully vaccinated, the far northwest is 49% and the far northeast is 54%. The provincial average is 72 percent.

WATCH | What is happening in hospitals in Saskatchewan and Alberta:

Saskatchewan and Alberta have the lowest percentage of eligible people vaccinated in Canada. Both provinces have seen increases in first and second dose absorption since announcing vaccination policies less than two weeks ago.