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Oral arguments in Sharon Keller removal proceedings this morning
I'm headed up to the State Commission on Judicial Conduct this morning to hear oral arguments in Texas Court of Criminal Appeals Presiding Judge Sharon Keller's removal proceedings. Go here for all the filings in the case. See also AP's preview that's in several papers around the state this morning.
UPDATE: Back from the event, which lasted a little more than five hours en toto. I was somewhat surprised there wasn't a bigger crowd there. The room was perhaps a little more than 2/3 full at its height and any protesters remained outside. Media coverage was also lighter than I'd expected. The usual suspects among reporters were there, but just four TV cameras and no noticeable national news presence. The Commission will likely take a vote today, but the results won't be released publicly until sometime in the future. Keller, for her part, wore an emotionless mask throughout the hearing.
Keller's attorney Chip Babcock spent the majority of his time (80% by one commissioner's estimate) criticizing the Texas Defender Service and particularly attorney David Dow for mendacity and seeking to railroad Judge Keller out of office. He also criticized the Texas Civil Rights Project for relying on inaccurate media reports in drafting its complaint to the SCJC. These charges had taken an "almost unspeakable toll" on Keller "personally, professionally, and financially," he said, adding that all the allegations against her are a "pack of lies." The entire proceeding, he opined, was a "calculated strategy by some people to take a popularly elected judge and drive her from the bench." He also emphasized that Special Master David Berchelmann found Keller had violated no "unwritten rule," distinguishing such (as did the fact finder) from an unwritten, longstanding protocol at the CCA that Judge Keller said in a deposition she knew about and was considered mandatory.
Examiner Mike McKetta, by contrast, portrayed following that "mandatory protocol" as a "judicial duty" whose violation breached judicial canons. He observed that Judge Berchelmann, the fact finder, failed to issue findings on most of the questions about which the examiner asked him to rule, so McKetta asked the Commission to make those findings in his stead. Cleverly, in a power point presentation he proved up the main elements of the alleged offenses almost entirely from Judge Keller's own testimony - her admissions about what she knew and when she knew it, etc. - arguing she engaged in "gross carelessness." He also emphasized the Judge's defiant insistence that she'd do again today what she did back in 2007. Keller, he said, "persists in the belief that mandatory rules are not applicable to her." TDS' role is irrelevant, McKetta argued, since Judge Keller at the time she made the decision in Richard's case didn't know who was the defendant or who represented him. In perhaps the strongest statement in his presentation, McKetta said this is "not the right person or attitude" for the Presiding Judge on the state's highest criminal court.
Both attorneys were on their A games, but Babcock suffered in a couple of key moments from what they call "bad facts," particularly when he claimed Keller didn't really mean she would do the same thing again, that she isn't a "recidivist," but Justice Jan Patterson read back to him Keller's exact words from the testimony transcript to show he'd mischaracterized the Q&A and the examiner's interpretation was accurate.
Even so, it's exceedingly difficult to handicap results based on reactions from commissioners. I honestly can't begin to guess how they'll rule. One of the public, non-attorney members observed that there seemed to be a "shocking amount of dysfunction in the court," and a couple of others posed harsh questions - particularly a judge on the panel who called Babcock on the carpet for over-the-top comparisons in recent briefs of commission proceedings against Keller to Soviet show trials. Two other commissioners, though, seemed eager to cast aspersions on TDS and David Dow, and one of Judge Berchelmann's colleagues from San Antonio wondered if Keller's behavior must be overtly malicious to be "willful." Trying to interpret such questions to predict votes amounts to little more than tea leaf reading. I'd guess it won't be a unanimous vote, but I'm hard-pressed to say which way they'll go. And even if a majority of commissioners do hold against her, then the question becomes: What is the sanction?
See initial MSM coverage from the Austin Statesman, the Fort Worth Star Telegram, the Dallas News, Texas Lawyer, and AP.
MORE: Here's a link to the Examiner Mike McKetta's power point presentation. AND MORE: The Texas Tribune has audio excerpts from Keller's attorney.
Labels: CCA, Judicial Conduct Commission, Sharon Keller
Michael Wayne Richard, a twice-convicted killer. How many years did they stall his execution - 25 years?
Thursday, Aug. 13, 2009
In 1986, two months after being released from his second prison term, Richard killed Marguerite Lucille Dixon, 53, a nurse and mother of seven. Dixon had invited him in for a cold glass of water after Richard had knocked on her front door and asked if her van was for sale. Two of her children found her. She had been sexually assaulted before being killed, and her van and television were stolen.
Richard had a long legal history and a criminal record that evokes little sympathy. "By the time he was executed," Keller wrote in her response to the charges, "Richard had two trials, two direct appeals (including to the United States Supreme Court), two state habeas corpus proceedings and three federal habeas corpus hearings or motions."
Friends say Keller was bewildered by the fallout. In the days just after the event, she told the Austin American-Statesman that she was not informed why the attorneys wanted the clerk's office to stay open. "They did not tell us they had computer failure, and given the late request, and with no reason given, I just said, 'We close at 5.' I didn't really think of it as a decision as much as a statement," the newspaper quoted Keller as saying.
Keller has turned to noted defense attorney Charles "Chip" Babcock... Babcock told the American-Statesman that he will question the "myth" of the computer problem and the last-minute actions of Richard's appellate lawyers.
One sobering what-if: even if the U.S. Supreme Court had accepted Richard's appeal, he most likely would have extended his life by only eight months.
Michael Wayne Richard
PRIOR CRIMINAL HISTORY
During the punishment phase of his trial, the state presented evidence of Richard's two prior convictions for burglary of a habitation. Evidence was also presented of an auto theft charge, committed shortly after the second burglary, but not prosecuted. Richard murdered Mrs. Dixon less than two months after he was released on mandatory supervision for his second burglary conviction.
PROCEDURAL HISTORY
October 29, 1986 -- A Harris County Grand Jury indicted Richard for the capital murder of Marguerite Dixon.
September 4, 1987 -- A jury found Richard guilty of capital murder, and he was sentenced to death.
September 16, 1992 -- The Texas Court of Criminal Appeals reversed conviction due to faulty jury instructions.
May 15, 1995 -- Richard's second trial began.
June 15, 1995 -- A second jury found Richard guilty of capital murder, he was sentenced to death.
June 18, 1997 -- The Texas Court of Criminal Appeals affirmed Richard's conviction and sentence on direct appeal.
April 3, 1998 -- Richard filed his first application for writ of habeas corpus with the state trial court.
June 26, 1998 -- The U.S. Supreme Court denied Richard's petition for writ of certiorari.
February 7, 2001 -- The Texas Court of Criminal Appeals denied Richard's state application for writ of habeas corpus.
February 7, 2002 -- Richard filed a federal petition for writ of habeas corpus in a Houston federal district court.
December 31, 2002 -- The Federal District Court denied Richard's petition.
June 20, 2003 -- Richard filed a successive state application for the writ of habeas corpus.
June 27, 2003 -- The 5th U.S. Circuit Court of Appeals denied Richard permission to appeal his first federal petition.
March 21, 2007 -- The Texas Court of Criminal Appeals denied Richard's second state habeas corpus application.
March 28, 2007 -- Richard filed a motion for authorization to file a successive federal habeas corpus petition.
May 15, 2007 -- The 5th Circuit Court denied Richard's motion for authorization to file a successive habeas petition.
June 12, 2007 -- The trial court set Richard's execution date for Tuesday, September 25, 2007.
"It means in this particular case, the system worked, it was thorough," Stephen Dixon, whose mother was killed in the attack, said after watching Richard die. "The person executed deserved what he got." Dixon said he wasn't too concerned with the delays. "I was told to expect such things," he said. "It's been a long 21 years."
He pleaded for his life and got a 21 year delay. She pleaded for her life and how many minutes was her murder delayed?
There were no liberals wringing their hands and saying "ain't it awful" when she faced her end. They only show up for their pets.
Mr. Richard's criminal background or even the fact that he was guilty means that the court can change the rules. They're supposed to be better than the people they condemn. That means following the letter of the law every time. No exceptions.
correction, does NOT mean that the court can change the rules.
By the way, does any of that excuse her lying about her assets to try to get a taxpayer funded attorney?
Really, people, the end does not justify the means. It seems some of you approve of Keller's actions because Richard was such a scumbag. Judges take an oath to uphold the law for EVERYONE, not just approved defendants. I've practiced criminal law for 23 years now, and I routinely get calls from indignant parents who complain that when their child got arrested, he was treated "rudely" by the police or "treated like a criminal." These are the same parents who are lock'em up and throw away the key, until the system snares their kid, and they find out what its all about. Most people don't understand just how many actions are illegal, and how many are felonies, even apart from the famous oyster crimes. Texans need to wake up about what is being done in their name, and they need to do it soon.
Yeah, I've had three of my neighbors hauled in on oyster charges in the past week!
TDCJEX said...
Anon Keller supporter or is It Dudley Sharpe ? Your writing and tactics are very similar in your posts here and your drivel elsewhere . As R Shalkford said if your going resort to dirty tricks at least make it interesting. Hell I've seen convicts who ended up in Skyview or Jester 4 more rational than you !
What does Richards record have to do with what Keller did ? Nothing .If he was guilty that does not change what Keller did or make it right or acceptable if she can do that to a guilty man she can do it to a innocent man .
Before you say it wont be you Ask Timothy Coles family .about that one . They might disagree as Kerry Max Cook He might disagree .
No that it would bother you one bit if a innocent person is executed that in it self is grotesque and sick .You appear to find some very sick pleasure in executions .
Richards might not have been a poster child for reforming a corrupt system and unseating a very biased judge . But they are two separate issues
Actually what Keller said in a interview about Roy Criner was far more distributing when asked how he could prove his innocence.
How can Roy Criner establish his innocence?
I don't know. . .
So it was a proper conviction even if it leaves open the question of his actual innocence?
[Roy Criner] did not meet his burden to prove that he is actually innocent of this offense. At best, he established that he might be innocent. We can't give new trials to everyone who establishes, after conviction, that they might be innocent. We would have no finality in the criminal justice system, and finality is important. When witnesses testify, and when jurors return a verdict, they need to know that they can't come back later and change their minds. . . DNA evidence in this case did not prove that he didn't commit the offense. That's the standard we use, and he didn't prove it. At best, he made some people think that he might be innocent. But he didn't prove it.
These are her words
Keller does not want to give any one a new trail or any choice if they can show the might be guilty . She is sitting a impossible standard. And not making a logical argument . If they can prove they are innocent there is not a need for a new trail a judge can dismiss the charges She knows it or should .
This makes that clear. How the hell can you prove you are possible innocent if all you get is one chance and Sharon Keller is the chief Justice ? Who can do that? Is justice served if people are in prison wrongly ? Does that make us safer ? Who keeps us safe from the likes of Sharon Keller
Doesn't the DNA evidence raise new questions?
In Texas, the legal test to get relief after your conviction is final-- and after your direct appeal is through--is: "Has he unquestionably established that he is innocent?" That's what the appellate court looks at. "Has he established clear and convincing evidence that no rational juror would have found him guilty?" I think the record shows that he has not. . .
http://www.pbs.org/wgbh/pages/frontline/shows/case/interviews/keller.html
That is far more troubling than her infamous We close at Five statement
Keller should be removed she is a embarrassment to Texas , The entire criminal justice system. n
She has to be the most unethical and biased judge in history . How the hell do you expect the public to respect the laws when those who uphold them act as if they get to apply them as the wish . The Constitution is not a collection of suggestions and technicalities it is the law of the land in all 50 states.
Texas will be better off with Keller gone and incarcerated in a TDCJ unit for her felonies if found guilty . To see her in white would priceless .
I find it interesting that Keller and her supporters do not like the rules and laws they want every one else to follow . That is arrogant hypocrisy
Are you trying to argue that Michael Richard was innocent?!! There is nothing like self deception.
Who the hell said he was innocent you are one sick messed up person . If it aqs not so distrubing it would be funny
Who probably needs to go to very secure psych unit before you hurt some one
Ray Criner was innocent Richards was not ! No one said he was innocet. You are insane and or lack reading skils .
Get some help fast seriolsly you're well on your way to a place like Sykview by the way yopu act . . You cannot read . or your are paraniod or a sociopath .
Seriously get help you're acting very troubled .
Make that Roy Criner is innocent . Richards was not . no one said he was Dudley
TDCJex: I know this is a different subject but: what is your thoughts as to whether a skilled inmate going to a trustee camp will ever make parole?
No one said Richard was innocent, but he might have had a viable Atkins claim. The doc who evaluated him for mental retardation is the same guy who got in trouble for inflating IQ scores in death penalty cases. See here.
He is not innocent and we don't want to think about the vicious rape and murder or his criminal record. But, David Dow is one of the main characters in this drama.
David Dow founded the Texas Innocence Network, an organization that uses UH law students to investigate claims of actual innocence brought by Texas prisoners.
He's not innocent but his case is advocated by the Texas Innocence Network!
Scott Cobb said...
My favorite comment from Friday's hearing:
Commissioner Tom Cunningham said he found it interesting Keller would argue that the "tainted process," as Babcock called it, was denying the judge a fair hearing.
"Isn't it ironic that's what Mr. Richard was asking for?" Cunningham said.
R. Shackleford said...
I'd like to see Keller take it on the chin for the whole asset disclosure thing. A normal citizen certainly would, and I believe judges, d.a.s and leos ought to be held to an even higher standard of conduct than joe shmoe on the corner. Everything about this whole Richards thing is fishy, it sure seems to me that this was a machined process to aid prosecutors. Something we see only too often in Texas. And before some jackass tries the usual 'aha! you think he was innocent! you support rape and murder!' thing, I don't think he was innocent. But I DO think he (and everyone else) ought to receive a fair trial.
Annie to be able to give you a good answer, I would have to know his conviction ,sentence time served, disciplinary record , what unit he was on and is now on , His job assignment to begin with . They do parole trusties it is hard to know really there is a impression that I cannot prove one way or another that certain trusties are not paroled .I knew of SSIs who got paroled as there was endless supply so to speak they could always find some one from another unit who annoyed rank I was on what is is often considerd the worse unit . I you can give me a anonymous idea of the above I might be able to at least give you an idea
It is almost impossible to predict a vote by BPP. Any one who claimed other wise is flat out lying .I tell pole to hope for the best but prepare for the worse . It could be a whole topic for Grits too BBP and the many parole service consultant and lawyers that have cropped up due to the secrecy and power of BPP .
I wish I could do more for you I have helped others dealing with TDCJ and continue to do so .
I know that the one units seem to be releasing less on parole possibly because there are less women to replace them TDCJ need s trusties in order to function . Most people do not know that .
Richard definitely had an Atkins claim . I saw the guy hew was not any where near normal IQ But Keller's actions are what got her into the situation she is in . Not a executed man . Most normal humans find her behavior repulsive and morbid . She could have had the human decency to hear his appeal and stay the execution . If he was executed later so be it if he was found to be mentally retarded commute him to life and send him to a unit that can handle low IQ convicts . No one said he was innocent .Given that the state relied on a psychiatrist who has been found to have scored test to favor the prosecution . If They very biased CCA commuted Danial Plata's sentence to life and he was sent ot the appropriate unit There is not a doubt in my mind that Denkowski was fabricating testimony and committing perjury and the prosecution suborned it . Every case that SOB testified in should be reopened .
People are saying that he should have been given a fair chance and trail he never was in his trail or appeals In the US if you are a suspect you are guilty as far as the criminal justice system and media are concerned . That is a police state
How the hell does a person show the state is wrong , violated their rights fabricated testimony and hid evidence and so on if they are not allowed to do so .That is not justice . If you want revenge and as long as some one is convicted why not just come out and say that .That is exactly what you and Keller are saying .To hell with any claims, procedure and finality come first reality and honesty integrity and justice are just quaint notions , the Constitution is just a piece of paper. The bill or rights apply only to those who fit in with your racist hate filed world .
Anonymous asshole . You either have a serious cognitive deficit if you cannot grasp the context of the articles and what it is about , or you are simply makes shit up to be a huge asshole . You also have a very unhealthy obsession with David Dow it is not advisable to make attorneys mad at you they have a way making your pathetic existence hell .R Shakleford is right no one supports rape and murder you asshole . I just want the system to be fair it is not and don't even try to say it is .
If you want to execute humans because you enjoy executions you are very sick individual You are worse than any one on death row . You are saying you want to execute and you could careless about anything guilt or innocent and mitigating factors as long as some one is executed you are happy that asshole is far more evil than any one on death row You certainly cannot claim the moral high ground. You never had that to begin with .
So when do the disbarment proceedings for Dow commence? What's good for the goose...
please find below the wisest comment ever posted on this blog:
Let the hand wringing commence!
1:44, that comment's been up more than a day, but you're the only one who seems to be wringing your hands here.
And to 1:41 (presumably the same troll): The examiner cited specific evidence to argue Keller deserves the axe. You may not like Dow because you disagree with his political position on the death penalty, but what exactly do you think he's done to merit disbarment? Cite your authority and be specific: Keller's accusers are.
When one of their pets rapes and slaughters someone they get all chocked up and run around saying that the rapist/murder is the victim. Unbelievable!
dudleysharp said...
TDCJEX:
I don't post under anon or anonymous.
The style is just like yours . You either have a sock puppet or some one is doing a good job at mimicing you .
Just saying ...
gumspit7 said...
ORAL arguments??? As opposed to what....say....ANAL arguments? LOL
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The Dutch 17th Century Spitsbergen Whaling Station Australia Dutch ships on the way to Java would sail straight East from the Cape of Good Hope; some that took the turn North too late sighted Australia (or shipwrecked.) Since the early 17th century, experienced captains were employed for long periods of time by the Dutch navy; they were responsible for the ships provisions, and when they bought supplies for less money than the government provided they could keep the rest, and a smart captain could make a small fortune this way in peacetime. The Dutch navy in the 19th century suffered from a constant shortage of manpower, forcing the government to hire crew from its colonies; this increased the total employees from 5000 in 1850 to over 10,000 in 1900. The Submarines of the Royal Netherlands Navy From 1906 till 2000. The NORMANNA was sunk by U21 off the Isles of Scilly. During the 17th century the Dutch Republic was involved in many wars, many of them at sea. It took four years of war before the Netherlands acknowledged the independence of Indonesia. If possible, verify the text with references provided in the foreign-language article. Yet, by itself, it would still be worth the asking price. ISBN: 978-0-9904041-1-8 With this … It was during this period that the Raid on the Medway (1667) took place, the worst naval defeat in English history. After the war, the relations between the Netherlands and its colonies also changed dramatically. The naval history of the Netherlands dates back to the 15th century. At the start of the 17th century, the squadrons of the Dutch fleet were reinforced with merchant ships adapted for battle in earlier conflicts. Dutch merchant ships, engraving by Willem Van De Welde the Younger , The Netherlands, 17th century. In Liverpool for the weekend June 13 – 15, 2014 , will be a range of maritime greats and visiting vessels including Tall Ships, Royal and Merchant Navy ships, narrow boats and barges. The first significant operation that involved the Brederode was the convoying of a large fleet of Dutch merchant ships through the Sound without paying the toll to Denmark, a mission that succeeded. Before 1747 no systematic records of the crew of merchant ships were kept. The warships stayed in the drydocks, although a number of ships managed to follow the fleeing stadtholder William V to Great Britain; others, like the ships sailing in East Asia, were later joined with the forces of William V. After the surrender of a naval squadron at Saldanha Bay (1796) and the defeat at the Battle of Camperdown (1797), the surrender of the fleet near the Vlieter in 1799 proved to be the death of the Batavian Navy. Royal Netherlands Navy Warships of World War II Ships, bases, equipment, specials (informative articles), pictures, forum. After the war the navy acquired several light cruisers, destroyers and submarines. Willem Vos decided that he would reconstruct the Dutch merchant vessel Batavia, a project that soon developed into a unique experiment in historical shipbuilding. Geplaatst door ALVAMA op 17:30. Kofschip De Twee Gebroeders van Hylke Jans Kingma.jpg 1,331 × 644; 801 KB. Details about 17th Century Dutch Merchant Ships, Text, Photos & plans for the Ship Modeler See original listing. Wealthy merchants and local authorities in the many ports of the Low Countries took initiative to arm ships since the 15th century and incidentally attacked pirates and foreign competitors. In the course of the 17th century, Dutch wealth and maritime expansion was the source of much envy across Europe, but especially in England. Defensive measures to protect the merchant ships could include sailing in a convoy and arming the merchants themselves. For pre-1747 records, you need to look speculatively through material from other government departments or courts that may have had an interest in Merchant Navy affairs, such as: 1. The Verenigde Oostindische Compagnie (VOC) or the Dutch East India Company was established in 1602, and remained a major trading industry until 1798. 'Eat' trailer on the 1st Day of the Riverside Festival. Kanupolo Turnier zur Kieler Woche 2001 (Kiel 5.376).jpg 1,008 × 672; 228 KB. Oil on panel. The first steam-powered frigate Admiraal van Wassenaar entered service in 1857. Capsized ship that was ransacked by Dorset locals is revealed as 17th century Dutch merchant vessel the Fame The Fame, a 130ft armed merchant ship, capsized and sank at … The Dutch-registered merchant ship started to heel over very quickly. Discover (and save!) As the revolt progressed into an independent government and state, the navy was reorganized into a better command structure. There are 83 dutch merchant for sale on Etsy, and they cost $56.81 on average. Photo's and data of Dutch merchant ships from 1870 till present. The Holland-America Line Ships past and present. The flagship of the Republic, De Zeven Provinciën, was fitted with 96 guns. Dutch Attack on the Medway, June 1667 by Pieter Cornelisz van Soest, painted c. 1667. The Dutch revolt (1568–1648) in many ways started with the revolt of the Beggars and the navy was no exception. In Details: Dutch Merchant, Ships in a Storm, 1670, by Ludolf Bakhuizen (Dutch, 1630-1708) Ludolf Bakhuizen dutch art dutch golden age baroque art art details marine art seascapes ships waves 17th century art classical art. Christie's Old Masters. This was actively supported by the Dutch authorities in times of war, who handed out letters of marque, allowing Dutch captains to attack and, if possible capture enemy ships and their cargoes. From an etching dated 1835 by Robert Havell after John Christian Schetky. The U-boat War in World War Two (Kriegsmarine, 1939-1945) and World War One (Kaiserliche Marine, 1914-1918) and the Allied efforts to counter the threat. Graphics by E. Hoving. 17th Century Dutch Merchant Ships Dutch shipbuilding practices in the seventeenth century precipitated conflicts between the Dutch, and France, England, and Spain. Christie's Old Masters. your own Pins on Pinterest Plans by C. Emke. Also has a list of Dutch ships sold to Norway. Jan Claesz. England had embargoed twelve Dutch ships in 1832 to put pressure on William of Orange to support Leopold's election as first King of the Belgians after the country gained independence from the Netherlands. During the First Anglo-Dutch War the English fleet concentrated on capturing the Dutch merchant fleet, which would prove vital to their vicotry. Offensive actions could include taking enemy ships by force. The Netherlands developed its defence policy in close cooperation with other NATO members. 17th century Dutch Merchant Ships Text, Photos and Plans for the Ship Modeler. High Court of Delegates (DEL) Use the advanced searchin Discovery, our catalogue, to search for records using relevant keywords, though you are unlikely to find r… The naval war zone shifted from the North Sea and the English Channel to the French coast and Mediterranean. She is in starboard-bow view before the wind and her fore and main topsails are neatly furled against the storm. 5 out of 5 stars ... because here they come. Gas Tankers built 2021 - 2030: Gas Tankers built before 1980: General cargo, multiple ships The Dutch Republic went into decline after 1713, and in the late 18th century its navy was no longer a match for the French and even less for the British navy. 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dutch merchant ships 2021

redpajama_set_name: RedPajamaCommonCrawl


text:
10dence - Poligious Issues artists
10dence art gallery - creative concepts & project development
Steve Moseley - USA
Steve Moseley states: 'My formal art instruction lasted for 9 years. It started in Kindergarten and ended after the 8th grade'. He graduated from the University of Louisville with a degree in Chemistry and a minor in Mathematics. While working at the University of Louisville School of Medicine as a Research Technician, he met his future wife. Because they didn't want to put their child in daycare, he began a new career as a full-time stay-at-home dad and trophy husband after the birth of their first child. He constructed ships-in-the bottles in his spare time. This hobby soon became tedious and he started looking around for another wood-working hobby that had more creativity. The inspiration to make Whimsey bottles came from a friend who makes and collects them. About that time, they moved from Cincinnati to St. Louis. He enjoyed pushing the envelope on taboo subjects and really got into making Whimseys. Soon after moving to St Louis, he developed an extremely rare autoimmune disease of the blood vessels in the brain. The diagnosis required a brain biopsy, and the biopsy caused the dusting and light housekeeping center in his prefrontal lobe to be removed and is currently on glass slides at St Johns Mercy Hospital in St Louis and The Cleveland Clinic. The motivation center in his brain is altered and he is unable to do housework. Because of a couple of near death experiences, he doesn't feel the need to do the 9 to 5 job. He devotes much time in constructing Whimsey bottles, attending Friday matinees and raising two great kids.
Steve Moseley likes to put scenes in bottles to make the viewer smile, laugh and maybe think. His inspiration comes from all around. The three things that are not supposed to be talked about in polite conversation are politics, sex and religion. These are the topics that often make the best bottles. Sex and politics sometimes are topics that are either difficult or not acceptable to be portrayed visually. Religion on the other hand is The Holy Grail. He enjoys pushing the envelope on taboo subjects. A comical twist on a subject or a subtle meaning in the scene adds another level of complexity to force one to think deeply. He can make a statement without being direct. Topics not talked about in polite conversation, politics, sex and religion often make the best bottle ideas.
There is good reason the works by folk artist, Steve Moseley are referred to as patience bottles or whimsy bottles: they require incredible attention and evoke a powerful sense of oddity. Commenting on complex and controversial themes like religion, sex, and politics, the bottles are windows into Moseley's satirical view of humanity and the absurdity that often is a part of being human.
A native of Kentucky now residing in St. Louis, he took his hobby of creating ships in bottles and added a deeper level of artistry. "A friend said to me, 'Why don't you try patience bottles or whimsy bottles?'" This art form is a lot like making a ship in a bottle, but instead of a single ship, there are scenes inside with characters acting out a narrative. For Moseley, that narrative is provocative and pointed as he creates edgy and visually-charged tableaus inside of bourbon bottles.
Moseley's works are accessible in his use of humor and unapologetic commentary, the moments within the thick bottles take on an interesting abstraction as a viewer looks at them from different angles, different perspectives. The resulting works challenge and comment on controversial subjects related to religion, sex, and politics as quirky microcosms.
Moseley does not shy away from any subject. "I like the religious stuff the best. I like to push people, especially conservative Christians," he explained. "I like people to crinkle their nose. Whether they're crinkling their nose because they're laughing or crinkling their nose out of disgust. I don't care if they like it or not, I just want to get a reaction out of people."
"We were at a folk fest in 2008, and a woman and her daughter were looking at a bottle and they just kind of crinkled their nose and walked away," Moseley said. The bottle is titled, "What Would Jesus Do?" It depicts a priest tantalizing a young boy with lollipops, while Jesus has a gun pointed at the priest, aiming to shoot. "There was a little boy and his mother looking at [that] bottle and the little boy said, 'That's messed up,' but he probably didn't know just how messed up the scene actually was."
Moseley's process is elaborate and the patience it requires in enviable. First, Moseley carves the figures and creates the backdrops, ground, and other props from wood, covering them in a layer of clay so that he may shape them more liberally. "I use epoxy clay to do the hair and the nose and to cover any defects," he explained. Carving each figure and prop for his scenes, he carefully lowers the completed pieces into the bottle. Once the whimsy bottle is complete, he creates a stopper that prevents it from being opened again.
The bottle is turned upside-down and the cross bar is laid in where it will be tapped through the hole in the stopper's shaft to create a tight fit. "They are not meant to be opened, hopefully for a few decades." The tiny stories then become frozen moments that are meant to capture the enduring flaws in the human condition.
Moseley's preferred vessels to house his whimsical scenes are bourbon bottles. "I love the shape of bourbon bottles. I started to collect them to put ships in them, and when I switched to whimsy bottles, it was the perfect bottle for that as well."
When he finds them, he collects larger bottles to construct scenes with several characters. The standard bottles can only house up to three figures, so these larger ones invite the opportunity to tell a story with an extensive cast of characters. "The Last McSupper is one of my favorite bottles and that is in Berlin right now. There are 13 people in it: Jesus and his 12 apostles. I don't find those larger bottles often, but when I do, I save them for a really good idea." Moseley's rendition of the famous painting, "The Last McSupper", is not muted and somber, but colorful and sardonic as Jesus and his Apostles feast on McDonald's.
"If You Vote for Trump You Will Not Receive Absolution" is timely, of course, in this election year that feels more and more like some surreal circus of idiocrasy. One of the bottles depicts a Bishop pointing at a Donald Trump figure, a woman stands behind the two men holding a "Trump 2016" sign in each hand. Her look is devoid of a consciousness or emotion, and is instead a blankness that implies a brainwashing or a complete and utter mindlessness. Trump stands with his hand raised, bent at the elbow and evoking his trademark mannerism of self-righteousness and resembling a Hitler salute. Moseley said this bottle will soon head to Rotterdam in the Netherlands for an exhibition about religion and politics.
In "God Made the Earth Round then Filled Every Corner with Submissive Women and God Giggled," Adam and Eve stand in an underwhelming garden. A snake slithers downward to Eve, handing her a copy of Ms. Fed Up magazine with the cover model as a Rosie the Riveter figure wearing the uniform and headset of an employee manning a drive-through. Eve looks defiant, even empowered, ignoring Adam as he asks for her to make him Kraft Macaroni and Cheese.
A snake figure makes its way into many of his bottles and has become a signature for Moseley. "The first bottle I made, I was looking for what else to put in there. And I thought I would just put a snake in there. And the easiest snake to paint is a Coral Snake: just red, yellow, and black. And after a while, my friend who suggested I start making these bottles, said I should always put it in there."
Usually a solitary art form that is often considered more of a hobby, Steve Moseley's patience bottles fearlessly navigate a public forum with subjects often reserved for a guarded privacy. Aiming to confound and challenge, these pointedly provocative bottles contain moments like time capsules, showing the error in our ways, our silliness, and our daily human trials.
by Carrie McGath
10dence gallery
10dence projects
Poligious Issues
10dence studio|gallery
10dence art collective
Lange Haven 96 B
3111 CJ Schiedam
cel: +31 [0]6 1218 41 20
info@10dencegallery.com
www.10dencegallery.com
Ron Weijers - artiFACTS & 10dence art collective 2012. Powered by Blogger.


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We are currently investigating Rexulti compulsive gambling lawsuits involving financial losses, debts, and foreclosures.
Rexulti (brexpiprazole) was initially approved by the FDA in 2015 for the adjunctive treatment of major depressive disorder (MDD) and the treatment of schizophrenia.
If we can be of assistance to you or a loved one as regards a possible Rexulti case, please do not hesitate to contact us.


It's the best beauty treatment out there—and doesn't cost a dime.
When you were younger, how many times did you ignore your mama when she subtly encouraged you to go to bed early, hinting that you ought to "get your beauty sleep"? It's one of those common phrases we Southerners love to toss around, like "fit to be tied" and "preaching to the choir." But it turns out, we should have been listening to Mama, because there's some serious truth behind the statement. Mattress brand Sealy recently conducted a study in the United Kingdom that aimed to determine whether there was a link between quantity and/or quality of sleep and an improved physical appearance.
Their study did find a strong correlation, with 60 percent of the participants reporting that "they believe the quality of sleep they get has a positive effect on their physical appearance." Plus, they found that people who got an average of 9 hours and 10 minutes of sleep a night (citing a 9:45 pm bedtime and rising at 6:55 am as optimal hours to hit the hay) were "most likely to report positive benefits to their physical appearance." Now, not all of us have the luxury of getting 7 hours of sleep every night, let alone 9. But it's worth trying to sleep a little longer every chance you get. As the study points out, sleep is one of the best ways to maintain and bolster your well-being and physical appearance—and it's absolutely free.


text:
Q: Node.js response headers are not set I'm trying to set Nodejs headers to the returned packet, but when logging the response it's always empty.
Here is my middleware in node.js server. It's supposed to add "From" header to the response, but it doesn't appear in the client logging the response.

EDIT:
In addition to changing res.set() to res.setHeaders() I had to access them at the client side using response.headers() instead of response.headers

app.use(function(reg, res, next){
        var checkAdmin = false;
        var bearerToken;
        var bearerHeader = reg.headers.authorization;
        if(admin.indexOf(reg.url) > -1){
                console.log("varmistetaan onko admin");
                checkAdmin = true;
                checkYourPrivilege(checkAdmin, bearerHeader, res, reg, next);
        } else if(public.indexOf(reg.url) < 0){
                console.log("varmistetaan onko suojattu");
                checkYourPrivilege(checkAdmin, bearerHeader, res, reg, next);
        } else {
                bearerToken = decodeToken(bearerHeader);
                if(bearerToken !== false){
                        decoded = verifyToken(bearerToken);
                        if(decoded !== false){
                                if (checkIfExpired(decoded.expires)){
                                        res.setHeader('From','test@test.com');
                                        next();
                                }else{
                                        res.set('From','test@test.com');
                                        next();
                                }
                        }else{
                                res.set('From','test@test.com');
                                next();
                        }
                }else{
                        res.set('From','test@test.com');
                        next();
                }
        }
});

Here is my angularjs interceptor, which is logging the response at the moment:
.factory('authInterceptorService', ['$q', '$window', '$localStorage', function($q, $window, $localStorage){
        return {
                'request': function (config){
                        config.headers = config.headers || {};
                        if ($localStorage.accessToken) {
                                config.headers.Authorization = 'bearer ' + $localStorage.accessToken;
                        }
                        return config;
                },
                'response' : function(response){
                        console.log(response);
                        return response
                },
                'responseError': function(responseError){
                        responseError = JSON.parse(responseError.data);
                        if(responseError.tokenstatus === "expired"){
                                delete $localStorage.accessToken
                                window.location = "/";
                        }
                        if(response.status === 401 || response.status === 403) {
                                window.location = "/";
                        }
                        window.location = "/";
                        return $q.reject(response);
                }
        };
}])

This is what the response looks like:
{…}
config: {…}
cache: Object { put: put(), get: get(), remove: remove(), … }
headers: Object { Accept: "application/json, text/plain, */*", Authorization: "bearer eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJwcml2aWxlZ2VzIjp7ImFkbWluIjp0cnVlLCJhc3Vubm90IjpmYWxzZSwib3Bpbm5vdCI6ZmFsc2V9LCJvcHRpZXRvbWVtYmVyIjpmYWxzZSwiYXN1bm5vdG1lbWJlciI6ZmFsc2UsImV4cGlyZXMiOjE1MTYwNDA3MjksImlhdCI6MTUxNjAwNDcyOX0.hU8yT3G58ZtkJbBo-SUwLmcSMSX_8cHYxnX0GdmfJVM" }
jsonpCallbackParam: "callback"
method: "GET"
paramSerializer: function Ef/this.$get/<()
transformRequest: Array [ Df/this.defaults.transformRequest<() ]
transformResponse: Array []
url: "koti.html"
__proto__: Object { … }
data: "
Tähän tulee kotisivun sisältö
\n"
headers: wd/<() #Response headers should be here?
length: 1
name: ""
__proto__: function ()
status: 200
statusText: "OK"
__proto__: Object { … }

A: res.setHeader()and res.writeHead() are a native method of Node.js and res.set() is a method from Express framework.
Documentation: res.setHeader(),  res.set() res.writeHead
These three methods do exactly the same thing, set the headers HTTP response. The only difference is res.setHeader() and res.writeHead() allows you only to set a singular header and res.set() will allow you to set multiple headers. So use the one fit with your needs.
you can try any one of these:
res.setHeader('From','test@test.com') or
res.writeHead(200,{'Form':'test@test.com'})

A: Try with res.setHeader in all places (not res.set)

A: I realize that the original question indicated the use of AngularJS, and while the responses for that are probably helpful, they DO NOT seem to apply to later versions of Angular (i.e. version 2+).
I was using NodeJS/express middlewares to host a secure form of json-server, and I was trying to dump the contents of the headers collection to the console to see that they all came across correctly.  This is where I was going wrong, and here's why:
The headers property of the response object is not a method, but an object, and the headers are processed in a lazy-loaded manner.  This means that dumping the contents to the console yielded an entirely empty collection, making me believe I had a bug.  In order to access the full collection, you first need to call rsp.headers.init().
Now, if you do not need to see the full collection, feel free to make calls for the specific values you need, through calls such as rsp.headers.get("_returnCode").  When you make such calls, the init() method is called for you prior to attempting to return the first value, and all should work fine.
Hope this helps!

redpajama_set_name: RedPajamaStackExchange


New analysis of plans to introduce a sugar labelling policy for packaged foods and beverages in the United States provides details of the potential health and economic impacts of the new label.
In the United States, the Food and Drug Administration's (FDA) mandatory added sugar labelling policy for packaged foods and beverages is set to take effect between 2020 and 2021.
According to a new modelling study, led by researchers from the University of Liverpool and the Friedman School of Nutrition Science and Policy at Tufts University, the scheme could be a cost-effective way to generate important health gains and cost-savings for both the healthcare system and society in the U.S.
The analysis is the first to estimate the potential health and economic impacts of the new label.
The study, published today in Circulation, estimates that the FDA's added sugar label could prevent or postpone nearly 1 million cases of cardio metabolic disease, including heart disease, stroke and type 2 diabetes, over a 20-year period. When combined with possible industry reformulations to reduce added sugar content in packaged foods and beverages, the label could prevent or postpone nearly 3 million cases of cardiovascular disease and diabetes over the same time period. Cost-effectiveness of each scenario was evaluated from a healthcare perspective (accounting for policy costs and medical costs) and from a societal perspective (further accounting for informal care costs and lost productivity costs). Both scenarios were estimated to be cost-effective within five years and cost-saving within seven years.
• Save $31 billion in net healthcare costs and $61.9 billion in societal costs. Policy costs were estimated to be $1.7 billion.
• Save $57.6 billion in net healthcare costs and $113.2 billion in societal costs. Policy costs, including industry reformulation costs, were estimated to be $4.3 billion.
The researchers note that Americans consume more than 15 percent of their total calories from added sugars and overconsumption of added sugars is linked to an increased risk of cardio metabolic diseases. These diseases pose large health and economic burdens for the society and the healthcare system. Food labelling could be an effective strategy to support informed consumer choice and reduce added sugar intake, while further stimulating industry reformulation, as supported by recent experience with trans-fat labelling in the U.S.
The model evaluated health benefits and cost-savings from cardio metabolic health outcomes; increased healthcare costs from competing diseases could reduce cost-effectiveness, while other health benefits would further contribute to health gains and cost-savings.
Dr Renata Micha, the study's co-senior and corresponding author and research associate professor at the Friedman School of Nutrition Science and Policy at Tufts University, said: "The added sugar label is an important policy step toward reducing consumption of foods and beverages with high added sugar contents, improving health, and lowering healthcare spending.
The study is part of the Food Policy Review and Intervention Cost-Effectiveness (Food-PRICE) research initiative, a National Institutes of Health-funded collaboration of researchers led at Tufts University working to identify nutrition strategies that can have the greatest impact on improving diet and health in the United States.
This study was supported by awards from the National Heart, Lung, and Blood Institute of the National Institutes of Health. Additional support was provided through a postdoctoral fellowship award from the American Heart Association.
The full study, entitled 'Cost-Effectiveness of the US Food and Drug Administration Added Sugar Labeling Policy for Improving Diet and Health', can be found here.


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text:
Island Opinion
Crews are working on Highway 97 north of Summerland following a rock slide which occurred last week. The Ministry of Transportation and Infrastructure expects the highway will be open by Wednesday afternoon. (Photo courtesy of the B.C. Ministry of Transportation and Infrastructure)
Update: Crews have removed more than 500 cubic metres from rock slide site
Main transit corridor between Penticton and Kelowna expected to reopen on Wednesday afternoon
Penticton News Staff
Feb. 5, 2019 4:49 a.m.
Updated 4:45 p.m.
Crews have now removed more than 500 cubic metres from the site in the areas where it is safe to work.
More blasting is planned for tomorrow morning and depending on the geotechnical assessment to follow, could provide Ministry of Transportation and Infrastructure staff with a more detailed timeline of reopening.
Ministry staff are still hopeful the road will reopen on Wednesday afternoon.
Once the highway is deemed safe, there is still considerable work to be done to ensure the longer term stability of the site
As a result, intermittent closures during daytime hours can be expected.
Engineers have approved clearance for emergency vehicles to go through the slide area wgeb becessartm, with a ministry pilot and spotters in place.
"We understand the impact to local residents and business, and appreciate peoples' patience while ministry staff work to create stability for travel along this section of Highway 97," a Ministry news release states.
Updated 12:17 p.m.
Highway 97 remains north of Summerland remains closed today, but officials from the Ministry of Transportation and Infrastructure say they are hoping to have the road open to traffic by Wednesday afternoon.
However, the reopening will depend on the progress made on removing debris from the rock slide.
"Safety is our top priority, and we will have the route restored as soon as it is safe to do so," a news release from the ministry stated.
Blasting at the site on Monday went well and approximately 100 cubic metres was brought down.
"Now that the hill is more accessible, we have been able to increase the number of rock scalers from seven to 10," the release says. "Scalers moved further north on the slope this morning to prepare for further blasting, and we now have two excavators and a rock hammer on site to keep building the access up the slope. Our maintenance contractor, Argo, has mobilized large off-highway rock trucks to remove as much material as soon as possible after blasting."
Once the debris is removed, crews will reassess the slope to determine what other steps need to be taken.
Two alternate routes are in place.
For light vehicles, five tonnes or less, the 201 Forest Service Road is available. This road can be accessed via Warren Avenue and Carmi Avenue in Penticton and off Highway 33 near McCulloch Road in Kelowna. Signage and traffic control have been installed at both locations.
The speed limit along this road is 50 kilometres an hour.
Larger vehicle must use Highway 97C, Highway 5A, Highway 3A and Highway 3.
Updated 11:02 a.m.
Penticton MLA Dan Ashton reports there will be 10 rock scalers at the site today with other heavy equipment.
In addition, four off-highway dump trucks will be at the scene to remove the debris.
The plan is to have two lanes open for traffic, one in each direction.
"Ideally, given the large amount of material to be removed and ongoing scaling work, it is expected traffic may be moving at some point tomorrow, most likely before noon,Æ he says.
Once the highway is reopened, a schedule is expected as ongoing temporary closures will be required as the work continues.
Highway 97 north of Summerland remains closed on Tuesday morning, due to the rock slides late last week, with an update from Drive BC expected at noon.
A rock scaling team, along with geo-technical engineers identified a blast line that was being drilled yesterday with blasting expected later on Tuesday afternoon.
Related: Driver films rock slide
According to MLA Dan Ashton, further technical evaluation would then be required to ensure that slope stability has been obtained. He said once that occurs then debris removal can occur and limited traffic flow can being, subject to all safety factors have been met.
Related: Chamber pres concerned about economic impact of extended Highway 97 closure
"However, given many variables yet to be known and pending the afternoon blasting, in my view it is more likely that possible access through the area may not be until sometimes (Tuesday). Again, this is based on (Monday's) activities concluding successfully," said Ashton.
This news article will be updated as more information becomes available throughout the day.
To report a typo, email: editor@pentictonwesternnews.com.
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Q: how can I find connection info of an application which is currently downloading at top speed? I noticed from the InfoPanel screenlet that my computer downloading something at high speed. I was not downloading anything and I already ran apt-get upgrade so there was no apparent reason for my comp to download something. I tried to run some well known network checking commands but they didn't help much since they don't list connections by speed rate:
netstat -A inet -p | grep '^tcp' | grep '/' | sed 's_.*/__' | sort | uniq

ss -tp | grep -v Recv-Q | sed -e 's/.*users:(("//' -e 's/".*$//' | sort | uniq

Is there any tool you know that lists connections by speed rate like command top does ?

A: I think that the best tool is nethogs.
Unfortunately, the version available in Ubuntu 14.04 is broken, so you have to compile it yourself: See Nethogs → creating socket failed while establishing local IP - are you root?.
After that, just run:
sudo nethogs wlan0

where wlan0 is the name of the interface you want to monitor.

Use q to exit.


As part of ECO Consult's Hydroponic Green Farming Project initiative funded by the United States Agency for International Development (USAID), ECO Consult's team hosted on Wednesday the 28th of January 2015 an open day to demonstrate the project's Hydroponic Green Farming activities and progress at a one of the project's demonstration sites.
ECO Consult was awarded a grant from United States Agency for International Development (USAID) to introduce an integrated model of hydroponic farming tied with renewable energy generation. The project aims at demonstrating the model's applicability in Jordan on a large-scale commercial farm level, and small scale household level.
As part of the United States Agency for International Development (USAID) funded Morocco Economic Competitiveness Program (MEC), ECO Consult organized a study tour for Moroccan senior officials between the 24th of November and the 2nd of December 2012.
As part of ECO Consult's work on the United States Agency for International Development (USAID) funded "Further Advancing the Blue Revolution Initiative (FABRI)" program that aims at establishing and launching a new regional water network: the Middle East and North Africa Network of Water Centers (MENA NWC), ECO Consult completed identification of business partnership opportunities for MENA NWC in Jordan.
Under the Institutional Support and Strengthening Program funded by the United States Agency for International Development (USAID), ECO Consult completed a financial and economic analysis model for capital investment projects in the water sector in August 2012 that the sector would consider to implement in alignment with its executive development plan.


As Latter-day Saints, we understand that modesty encompasses much more than what we wear. It is a way of being. It is a way of understanding our potential as children of Heavenly Parents in everyday moments. It is about taking care of the divine and heavenly gifts we receive. It is a way of life.
And while modesty might run counter to some of the world's trends, it does not mean that we neglect our appearance. If anything, it makes us more conscious of how we represent ourselves as members of the Church and children of God. As we strive to make our own modest fashion choices, it can sometimes be discouraging when we search store after store, feeling like fashion and our beliefs are growing further apart. But that is not necessarily the case.


text:
Q: org.openqa.selenium.ElementNotVisibleException is occure even though the element is visible org.openqa.selenium.ElementNotVisibleException is occuring even though the element is visible.
I am find an element using xpath and sending data in the field by using send keys. This is done to all the fields in the form.But , when control comes to specific field , it throws  this error . validated Xpath, it is correct.Element is not added dynamically(input/text box)
../selenium-2.34.0/libs/guava-14.0.jar has no source attachment is the error.What does this mean

A: If there is an iframe in the application , u need to navigate to it using driver.switchto(). Unless you navigate to it, u will be getting similar result .


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736 down this year – the unforgettable cry of a wounded rhino
"They say that the cry of a wounded rhino never leaves you… It is the sound you hear when a rhino wakes with half its face and struggles to its feet, dazed and confused, into a fate it will never understand."
This is an extract from Courage in the Loss of Hope By Lauren Daisy Flynn referring to a poaching incident in Kariega Game Reserve near where I live in Mpuma Coloni. Three rhino were poached in one night. One rhino bull died during the butchery, whilst Themba and Thandi were found with their faces mutilated and fighting for their lives.
This is but one story of the 3394 rhinos killed since 2008. Today officially marks the 736th death this year.
Last week this formed part of an impassioned speech of the DA shadow deputy environment minister Terri Stander delivered in Parliament during the debate on "Rhino poaching and its impact on South Africa's heritage." She continued to say:
We must ask: why is the relentless massacre of our rhino being allowed to increase? Those on my right might mock the demand or blame the black market, abuses of the permitting system, lack of funding, lack of intelligence capacity. Agreed, these are all challenges, but I call their bluff.
Ministers shouldn't whine like children
Ministers shouldn't whine like spoiled children, but take responsibility. Combating rhino poaching is not a choice, but an obligation in terms of section 24b of our Constitution, which is stronger than any party manifesto.
Frilly statements can be convincing, but the lack of results is more convincing. The only thing lacking is the genuine, collective, political will. Ministers should stop the talk-shops and act. The 2010 World Cup is proof of how genuine political will can direct efforts to make a success of a project that was largely met with skepticism.
In 2010 a great National strategy for the Safety and security of Rhinoceros populations in South Africa was developed; but in four years little has come of this. The National Joint Operations and Intelligence Structure (Natjoints), and its provincial structure; have failed.
Whom to trust?
Stakeholders, including the HAWKS, SAPS, NPA and private rhino owners are operating in isolation. No one knows whom to trust with reports of the government officials, police and rangers embroiled in syndicates. There is no credible, national, co-ordinated strategy or structure. We call on the Honourable Minister Molewa to take the reins:
Scrap and replace this structure with a new one consisting of vetted stakeholder representatives.
Intelligence has been identified as a weakness by the department since the start of this crisis 6 years ago. Why is it, that I can have a list of 72 suspected poachers in my hands, but not one of these have been properly investigated let alone convicted? You can even call them on the listed telephone numbers!
Gathering and analysing intelligence will support operations that disrupt organised crime and prevent poaching incidents. It is also the one form of support that Government can provide to private rhino owners to help intercept attacks on their reserves. It is the single most important intervention.
Cabinet Ministers, we call on you to take responsibility:
Prioritise rhino poaching when you determine your National Intelligence Estimates for the medium to long term; and
Dedicate an intelligence desk to develop strategies that a national structure can coordinate.
Current legislation is fragmented because Provincial Ordinances differ from the National Environmental Management: Biodiversity Act and the Threatened or Protected Species Regulations. Bail amounts are paltry and do little to discourage re-offence. Sentences have improved lately. Probably a credit to the department's efforts to provide training and ensuring dedicated Prosecutors are assigned to poaching cases. But cases still take years to finalise and the fact remains: not one poacher above level one has been arrested to date. Legislation needs to be consolidated to close loopholes and provide consistency.
We call on the Minister of Justice to take responsibility:
Review legislation to list poaching as a level 5 offence, increase minimum sentences to 10 years for level 1 poachers and deny bail for repeat or foreign suspects.
Legislation is only as good as it's enforcement. Current permit regulations stipulate: "rhino hunts must take place under the supervision of a conservation official preferably an environmental management inspector from the province concerned"; but this doesn't happen! The North West Premier's own misconduct unit and Mukalah Governance & Corporate Legal Solutions reported that the then Deputy Director of Biodiversity Management and Conservation was complicit in permit irregularities. Instead of being subjected to disciplinary proceedings; he was promoted to Director of this department!
Minister, take responsibility:
Initiate a full forensic audit into all permits issued since 2010 in every province, and institute disciplinary and/or criminal procedures where necessary; and
Centralise the permitting system to maintain a database of all hunter profiles and their applications to prevent abuse.
If reports are to be believed, special-ops troops were sent into Lesotho to evacuate the Prime Minister while our own borders lie porous and undefended. Up to 12, armed invasions originate from Mozambique in the Kruger National Park on a daily basis.
We insist that:
at least 2 SANDF personnel are deployed every 10 kilometres along the 356km border with Mozambique in the Kruger National Park, and
1500 well-trained and resourced troops are deployed throughout South African National Parks.
Honourable Minister Mapisa-Nqakula: I watched you on TV saying: "We are the first line of defence of the Republic of South Africa and its institutions, and equally we will be the last line of defence" As head of the Joint Security Cluster, you acted very swiftly against some errant members in this house on the 21st of August 2014 – do you not feel poachers also deserve such swift action? Minister, take responsibility!
In a joint press conference on rhino poaching, Commissioner Phiyega stated hot-pursuits were happening all the time. But when I probed the South African Police Service in our portfolio committee, it was confirmed by SAPA representatives that the hot pursuit claim was nothing but hot air. Much like the MoUs mentioned here today. Our law enforcement officials are handcuffed by the present rules of engagement.
Ministers of the security cluster, we call on you to take responsibility:
Facilitate the process to change the rules of engagement and issue the relevant notices,
Get formal, written, hot pursuit agreements in place; and
Sign extradition treaties to prosecute suspects in South Africa.
Our people, environment and economy are inextricably linked. Government must partner with surrounding communities to provide the necessary education, awareness and protection needed for the conservation of our rhino. After all, they present a long-term source of income rather than a quick cash incentive. These programmes must economically benefit the broader community, not select individuals. It is clear from recent public hearings that our people are proud that rhino form part of our heritage, and want Government to do more to stop the killings. Minister: take responsibility.
Honourable Mgximtama: perhaps if you wish to participate in this debate you need to actually attend the public hearings we have been to so that you can hear what people want, rather than grandstand your own creative opinions.
Likewise for the ANC, two people of the over 1000 who participated in the public hearings do not speak on behalf of 51 million people in South Africa on the issue of trade in rhino horn. Let me categorically state that any proposals to lift the trade ban on rhino horn at the 2016 CITES Conference of the Parties would be irresponsible. Neither legal market channels with consumer markets (where trade is currently illegal), nor the appropriate legislation and systems have been negotiated or developed. This should have been done years ago to provide the assurances that money will be used for conservation and won't lead to an increase in poaching as in the trade of elephant ivory.
Funding is not an excuse for failing to intervene. Over R600million has been raised since 2013 toward rhino poaching with many more people, locally and internationally, willing to donate. A 1 million dollar "THREATstalker", which is a mobile night vision, communication, etc. unit; was offered to the Kruger national Park – but they don't want to take it!?
Government's one-track record of "yes, we can do more" is wearing thin. Just do it! (Apho kuko injongo kuko indlela. Sifuna amanyathelo angqingqwa okukhusela ubhejane ezimisele nzulu kubuzwe bethu.) Where there is political will, we will find a way to combat rhino poaching in South Africa and protect our heritage as one of the conservation capitals of the world. As Dr. Ian Player has said: let us not look back in anger, but forward with fury."
C'mon, a government-bashing article written by someone in a DA T-shirt?! As sad as the poaching situation is, it does not really inspire me to delve too deeply into this article.