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Opening statements begin in Jonathan Majors assault trial in New York
Topics in Legal News | 2023/12/04 09:17
Opening statements began Monday in the criminal trial of actor Jonathan Majors, who was charged last spring for allegedly assaulting his then-girlfriend during an argument.

Majors did not speak as he strode into a Manhattan courthouse seeking to clear his name following an arrest in March that has effectively stalled his fast-rising career.

The six-person jury is expected to hear opposing narratives from 34-year-old Majors and his accuser, Grace Jabbari, a British dancer, about their confrontation in the back of a car.

Prosecutors said Jabbari was riding in a car with Majors in late March when she grabbed the actor’s phone out of his hand after seeing a text message, presumably sent by another woman, that said: “Wish I was kissing you right now.”

When Majors tried to snatch the phone back, he allegedly pulled her finger, twisted her arm behind her back and hit her in the face. After the pair got out out of the vehicle, he threw her back inside, Jabbari said.

Attorneys for Majors have maintained that Jabbari was the aggressor in the confrontation. They have suggested that prosecutors in the Manhattan District Attorney’s Office are targeting Majors because he is Black.

The arrest came weeks after the release of “Creed III,” a break-out role for Majors. He has also starred in the Marvel TV series “Loki” and the film “Ant-Man and The Wasp: Quantumania,” and was awaiting the release of another star vehicle, “Magazine Dreams,” which is now in limbo.

He could be sentenced to up to a year in jail if convicted.


Panama’s high court declared a mining contract unconstitutional
Legal Blog News | 2023/11/30 09:26
In a historic ruling, Panama’s Supreme Court this week declared that legislation granting a Canadian copper mine a 20-year concession was unconstitutional, a decision celebrated by thousands of Panamanians activists who had argued the project would damage a forested coastal area and threaten water supplies.

The mine, which will now close, has been an important economic engine for the country. But it also triggered massive protests that paralyzed the Central American nation for over a month, mobilizing a broad swath of Panamanian society, including Indigenous communities, who said the mine was destroying key ecosystems they depend on.

In the unanimous decision Tuesday, the high court highlighted those environmental and human rights concerns, and ruled the contract violated 25 articles of Panama’s constitution. Those include the right to live in a pollution-free environment, the obligation of the state to protect the health of minors and its commitment to promote the economic and political engagement of Indigenous and rural communities.

The ruling would lead to the closure of Minera Panama, the local subsidiary of Canada’s First Quantum Minerals and the largest open-pit copper mine in Central America, according to jurists and environmental activists.

The court said the government should no longer recognize the existence of the mine’s concession and Panama’s President Laurentino Cortizo said “the transition process for an orderly and safe closure of the mine will begin.”

Analysts say it appears highly unlikely that Panama’s government and the mining company will pursue a new agreement based on the resounding rejection by Panamanians.

“There are sectors in the country that would like a new contract, but the population itself does not want more open-pit mining, the message was clear,” said Rolando Gordón, dean of the economics faculty at the state-run University of Panama. “What remains now is to reach an agreement to close the mine.”

Analysts say the mining company is free to pursue international arbitration to seek compensation for the closure based on commercial treaties signed between Panama and Canada. Before the ruling, the company said it had the right to take steps to protect its investment.

With the ruling, the Panamanian government and the mining company are headed for arbitration at the World Bank’s international center for arbitration of investment disputes, in Washington, said Rodrigo Noriega, a Panamanian jurist.

Marta Cornejo, one of the plaintiffs, said “we are not afraid of any arbitration claim” and that they are “capable of proving that the corrupt tried to sell our nation and that a transnational company went ahead, knowing that it violated all constitutional norms.”

In a statement after the verdict, the mining company said it had “operated consistently with transparency and strict adherence to Panamanian legislation.” It emphasized that the contract was the result of “a long and transparent negotiation process, with the objective of promoting mutual economic benefits, guaranteeing the protection of the environment.”

Cortizo, who had defended the contract arguing it would keep 9,387 direct jobs, more than what the mine reports, said that the closing of the mine must take place in a “responsible and participative” manner due to the impact it would have.

The company has said the mine generates 40,000 jobs, including 7,000 direct jobs, and that it contributes the equivalent of 5% of Panama’s GDP.

The court verdict and the eventual closure of the mine prompted more protests, this time by mine workers.


Six teens in court in connection with beheading of French teacher
Topics in Legal News | 2023/11/26 14:30
Six teenagers go on trial Monday in Paris for their alleged roles in the beheading of a teacher who showed caricatures of the prophet of Islam to his class, a killing that led authorities to reaffirm France’s cherished rights of expression and secularism.

Samuel Paty, a history and geography teacher, was killed on Oct. 16, 2020, near his school in a northwest Paris suburb by an 18-year-old of Chechen origin who had become radicalized. The attacker was in turn shot dead by police.

Paty’s name was disclosed on social media after a class debate on free expression during which he showed caricatures published by the satirical newspaper Charlie Hebdo, which triggered a newsroom massacre by extremists in January 2015.

All hearings at a Paris juvenile court are to be held behind closed doors in accordance with French law regarding minors. The defendants arrived Monday morning at the Paris court, their faces hidden behind masks and hoods, accompanied by their families. The media are not allowed to disclose their identity.

Among those going on trial, a teenage girl, who was 13 at the time, is accused of making false allegations for wrongly saying that Paty had asked Muslim students to raise their hands and leave the classroom before he showed the cartoons. She later told investigators she had lied. She was not in the classroom that day and Paty did not make such a request, the investigation has shown.

Five other students of Paty’s school, then 14 and 15, are facing charges of criminal conspiracy with the aim of preparing aggravated violence to be committed.

They are accused of having waited for Paty for several hours until he left the school and of having identified him to the killer in exchange for promises of payments of 300-350 euros ($348-$406).


Trump gag order reinstated in New York civil fraud trial
Topics in Legal News | 2023/11/26 14:08
A New York appeals court Thursday reinstated a gag order that barred Donald Trump from commenting about court personnel after the former president repeatedly disparaged a law clerk in his New York civil fraud trial.

The one-sentence decision came two weeks after an individual appellate judge put the gag order on hold while the appeals process played out.

Trial judge Arthur Engoron, who imposed the restriction, said he now planned to enforce it “rigorously and vigorously.”

Trump attorney Christopher Kise called it “a tragic day for the rule of law.” Steven Cheung, a spokesperson for Trump’s 2024 presidential campaign, complained that the gag order was “nothing but attempted election interference, which is failing terribly.”

Engoron imposed the gag order Oct. 3 after Trump posted a derogatory comment about the judge’s law clerk to social media. The post, which included a baseless allegation about the clerk’s personal life, came the second day of the trial in New York Attorney General Letitia James’ lawsuit.

James’ lawsuit alleges Trump exaggerated his wealth on financial statements used to secure loans and make deals. Trump denies any wrongdoing. The Republican 2024 front-runner contends the lawsuit is a political attack instigated by James and furthered by Engoron, both Democrats.

Over the trial’s first few weeks, Engoron fined Trump $15,000 for violating the gag order. The judge expanded the order — which initially covered only parties in the case — to include lawyers after Trump’s attorneys questioned clerk Allison Greenfield’s prominent role on the bench. She sits alongside the judge, exchanging notes and advising him during testimony.

Trump’s lawyers sued Engoron, challenging his gag order as an abuse of power.

State lawyers supported the restriction, saying it was a reasonable step to protect Engoron’s staff. An attorney for the court system tied Trump’s comments to an uptick in nasty calls and messages directed at the judge and law clerk.

A court security captain wrote in a sworn statement last week that Greenfield has been receiving 20-30 calls per day to her personal cell phone and 30-50 messages per day on social media, LinkedIn and two personal email addresses.


Equal rights for same-sex couples approved by Thailand's Cabinet
Top Court Watch | 2023/11/22 09:31
Thailand’s Cabinet on Tuesday approved an amendment to its civil code to allow same-sex marriage, with an expectation for the draft to be submitted to Parliament next month.

Karom Polpornklang, a deputy government spokesperson, said the amendment to the Civil and Commercial Code will change the words “men and women” and “husband and wife” to “individuals” and “marriage partners” for same-sex couples to be able to receive the same rights that heterosexual couples receive.

He said the law would guarantee the right to form a family in a relationship between same-sex couples, adding that the next step will be an amendment to the pension fund law to recognize same-sex couples as well.

Prime Minister Srettha Thavisin told reporters that the draft law is expected to be proposed to Parliament on Dec. 12. If it becomes law after Parliament’s approval and King Maha Vajiralongkorn’s endorsement, Thailand will be the third place in Asia, after Taiwan and Nepal, to allow same-sex marriage.

While famous for being an LGBTQ+ friendly country, Thailand has struggled to pass a marriage equality law. Parliament last year debated several legal amendments to allow either marriage equality or civil unions, which do not grant same-sex couples all the same rights as heterosexual couples. All of the bills failed to be passed before the parliamentary session of the previous government ended.

The new government led by the Pheu Thai party, which took office in August, revived the attempt to pass a marriage equality bill, which it had promised during its election campaign.


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