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Freshouse II Recalls Potatoes, Limes, Oranges and Lemons for Listeria
Routine company internal testing identified Listeria monocytogenes on a piece of equipment in a packing facility.
Freshouse II, LLC of Salisbury, NC is recalling the following specific production lots, brands and weights of Valencia Oranges, Lemons, Limes, Organic Limes, and Red B Potatoes because they have the potential to be contaminated with Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea Listeria infection can cause miscarriages and stillbirths among pregnant women.
The recall was voluntarily initiated after the company's routine internal testing identified Listeria monocytogenes on a piece of equipment in one of our packing facilities. We have ceased the production and distribution of the product that was packed on the equipment in question and are taking corrective actions and continually evaluating our cleaning and sanitation regimes.
No illnesses have been associated with this recall to date.
Consumers can identify recalled retail products by looking for the brand, UPC number and, if available the trace number printed on the tag or clip attached to the opening end of the bag. The recalled products were shipped directly to retailer distribution centers in North Carolina, Pennsylvania, South Carolina, and Virginia and to wholesalers in Maryland and North Carolina (see table below).
Consumers who have a recalled item listed above in their possession should not consume it and should destroy the product in a way so that it may not be consumed by others or return it to the place of purchase for a refund. Consumers with questions may contact Freshouse II, LLC at 631-369-7150, Monday through Friday: 8:00 am to 5:00 pm. Eastern Time. Consumers may also contact the company via email (customerservice@freshouse.com) or visit the company's website at www.freshouserecall.comExternal Link Disclaimer.
Freshouse II, LLC has notified its retail and wholesale customers who received the recalled product directly from the company and is requesting that these customers remove the recalled product from commerce. We are also asking our direct customers to notify their customers of this recall. The company is issuing this press release and keeping the U.S. Food & Drug Administration informed of its recall process to assure that consumers are properly alerted.
"We voluntarily issued this recall out of an abundance of caution with the steadfast intent to minimize even the slightest risk to public health," said Jamey Friedman, President. "We take food safety and this recall seriously. Freshouse is committed to providing consumers with fresh, nutritious, safe products."
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This thesis is directed towards the issue of the long-term demand and supply of biomass for food, energy and materials. In the coming decades, the global requirements for biomass for such services are likely to increase substantially. Therefore, improved knowledge of options for mitigating the long-term production requirements and the associated effects on the Earth system is essential. The thesis gives a thorough survey of the current flows of biomass in the food system. This survey was carried out by means of a physical model which was developed as part of the work. For eight world regions, the model is used to calculate the necessary production of crops and other phytomass from a prescribed end-use of food, efficiency in food production and processing, as well as use of by-products and residues. The model includes all major categories of phytomass used in the food system, depicts all flows and processes on a mass and energy balance basis, and contains detailed descriptions of the production and use of all major by-products and residues generated within the system. The global appropriation of terrestrial phytomass production induced by the food system was estimated to some 13 Pg dry matter per year in 1992-94. Of this phytomass, about 0.97 Pg, or 7.5 percent, ended up as food commodities eaten. Animal food systems accounted for roughly two-thirds of the total appropriation of phytomass, whereas their contribution to the human diet was about one-tenth. Use of by-products and residues as feed, and for other purposes within the food system, was estimated to about 1.8 Pg dry matter, or 14 percent of the total phytomass appropriation. The results also show large differences in efficiency for animal food systems, between regions as well as between separate commodities. The feed conversion efficiencies of cattle meat systems were estimated to about 2 percent in industrial regions, and around 0.5 percent in most non-industrial regions (on gross energy basis). For pig and poultry systems, feed conversion efficiencies were roughly a factor of ten higher. The differences suggest that there is a substantial scope for mitigating the long-term production demand for crops and other phytomass by increases in efficiency and changes in dietary preferences.


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Home › The Language Tree in Winter
The Language Tree in Winter
Softcover - $9.95 CAD Quantity
New and Collected Poems (Book Three)
Whipple's Third Volume in the Penumbra Press Series
George Whipple
George Whipple was born in Saint John, NB, grew up in Toronto, and since 1985 has lived in Burnaby, BC, writing, sketching and translating French poetry. He is a member of the League of Canadian Poets; is listed in Contemporary Authors and the Literary Guide to Toronto; was profiled in Canadian Author, and Writer's Market, (USA), and extensively interviewed for The Antigonish Review (issue 144, archived at www.antigonishreview.com).
His complete poems, sketches and miscellaneous papers are archived in the Thomas Fisher Rare Book Library, University of Toronto, and in the Canadian Poetry Archive, University of Calgary.
This is his 15th book of poetry.
"Your poems stir the mind with their Quixotications."
George McWhirter
"You have discovered a new metaphorical vigour that is most enjoyable."
W. J. Keith
"Sophisticated poetry with rewards for every reader."
John Robert Colombo
"I like your spare, hospitable poems."
George Whipple was born in Saint John, NB, grew up in Toronto, and now lives and writes in Burnaby, BC. A member of the League of Canadian Poets, he has been profiled in Canadian Author, Poet's Market and is listed in Contemporary Authors, and the Literary Guide to Toronto.
Words For My Weeping Daughter
The Invisible Man / L'Homme Invisible
Efficiency of Killers
Country You Can't Walk In
Seven Robins

redpajama_set_name: RedPajamaCommonCrawl


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CHANDRA KALYANIE PERERA AND ANOTHER v. CAPTAIN SIRIWARDENA AND OTHERS
028-SLLR-SLLR-1992-V-1-CHANDRA-KALYANIE-PERERA-AND-ANOTHER-v.-CAPTAIN-SIRIWARDENA-AND-OTHERS.pdf
CHANDRA KALYANIE PERERA AND ANOTHERv.
CAPTAIN SIRIWARDENA AND OTHERS
SUPREME COURTAMERASINGHE, J.
KULATUNGA, J. ANDWADUGODAPITIYA, J.
S.C. APPLICATION NQ. 27/9030 AND 31 JANUARY, 1991
Fundamental Rights – Illegal arrest – Illegal detention – Emergency Regulations19(2), 18, 17, 24, 26, 27 and 28 – Excessive detention under Regulation 17 -Constitution, Articles 11, 13(1) and (2).
The 1st petitioner is a married woman with three male children. She was engagedin a transport business in Badulla District and owned several vehicles. Herhusband is a processing engineer at Abu Dhabi.
The 1st petitioner was detained on 29.1.90 under Regulation 19(2} of :aEmergency Regulations for alleged offences under Regulations 24, 27 and 28 atBeragala Army Camp (where 1st respondent Capt. Siriwardena wasCommander) until 12.03.90. Thereafter she was detained at the Baduiia rv.'~:-Station until 11.04.1990 on which date she was transferred to the Badulla y:,.All such detentions were imposed under Orders signed by the 6th responds-it(Asst. Superintendent of Police). Later on, the police forwarded to the 8threspondent (Superintendent of Prisons, Badulla) a detention order underRegulation 17(1) of the Emergency Regulations signed by the Secretary to theState Minister for Defence bearing the date 01.04.1992. The 2nd petitioner who isthe eldest son of the 1st petitioner had been arrested along with her but wasreleased on 30.01.1990.
The events which culminated in the arrest of the petitioners are linked to themurder of one Retnasiri, a former driver of the 1st petitioner on or about 07.02.90by a gang led by one Jinadasa said to be a well-known member of the JanathaVimukthi Peramuna (J.V.P.) and close associate of 1st petitioner, who it is allegedsupported the subversive activities of the J.V.P. by providing funds. Ten days afterthe deceased driver Ratnasiri left the services of the 1st petitioner, her house wasburgled and cash and jewellery worth Rs. 450,000/- stolen.
The first petitioner complains of being manacled, beaten with a hose, hung by hermanacles and beaten until she confessed. In addition 1st respondent wanted tohave sex with her.
The 1st respondent had left the army on 04.08.1990 ah'd gone abroad.
The impugned arrest had been made under Regulation 18(1) of the EmergencyRegulations.
In terms of Article 13(1) of the Constitution, any arrest has to be "according tothe procedure established by law" and the person arrested has to be informed ofthe reason for his arrest.
The principles to be applied in determining the validity of an arrest are asfollows:
It is not the duty of the Court to determine whether on the available materialthe arrest should have been made or not. The question for the Court iswhether there was material for a reasonable officer to cause the arrest.
Proof of the commission of an offence is not required. A reasonablesuspicion or a reasonable complaint of the commission of an offencesuffices. The test is an objective one. A suspicion is proved to be reasonableif the facts disclose that it was founded or matters within the police officer'sown knowledge or on the statements made by other persons in a way whichjustify him giving them credit.
During a period of emergency, a wider discretion is vested in the police inthe matter of arrest as it would otherwise inhibit them from the dueprformance of their duties which ensure the safety of the State and theprotection of the general public against armed attack or subversion.
The above principles would equally apply to an arrest by the army.
The 2nd petitioner was arrested because he had accompanied his mother the1st petitioner when she showed her deceased driver to Jinadasa. He washowever released on the next day, 30.01.1990. No order against the respondentsin respect of his arrest is therefore necessary.
In justification of the arrest of the 1st petitioner, the State relies on the barestatements in the affidavit of the 6th respondent (Asst. Superintendent of Police,Badulla) that she was arrested for instigating the murder of her driver by the J.V.P.and for assisting subversive activities. They also rely on the statements of threepersons, two of whom are self-confessed accomplices to the murder of the driver.These statements have been recorded after the filing of the present applicationand would not constitute objective criteria for justifying 1st petitioner's arrest.
The only material relevant to the arrest has been produced by the 9th respondent(one Mendis of Esco Tyre Traders, Bandarawela):
the statement of the deceased driver's mother Julia Nona dated 20.2.89to the effect that the 1st petitioner had shown the deceased driver to anunidentified man later identified as his killer;
the statement of one Kirthi dated 18.2.89, a former driver of the 1stpetitioner to the effect that she offered him money to murder a BuddhistMonk (a professional charmer) with whom she had fallen out;
the statement of one Janaka dated 18.2.89, a former cleaner in theservice of the 1st petitioner to the effect that she offered him money to killthe 9th respondent with whom she was angry;
the 1st petitioner's own statement which shows that she had more intimateknowledge of the man who killed her driver than she has disclosed in her
petition.
There was thus creditworthy material to arrest the 1st petitioner on suspicion ofbeing involved in.an offence under the Emergency Regulations even though suchmaterial may be insufficient to warrant a charge against her. Causing death to anyperson with any weapon is an offence under Regulation 24(1)(b); and even if thearmy failed to inform the 1st petitioner of such reason at the moment of her arrest,they made it known to her immediately upon her arrival at the army camp.
Therefore her arrest was lawful.
(a) Detention in terms of Regulation 19(2) can be justified only if it is for thepurpose of search or further investigation. Even assuming the right to detain the1st petitioner for instigating the offence under Regulation 24, there is nojustification for detaining her for offences under Regulations 26, 27 and 28 whichrefer to sedition and incitement, display of slogans and distribution of leafletsrespectively: Although she was detained under Regulation 19(2) for over twomonths the State has not furnished any evidence of investigations carried outduring that period.
Even for the detention until 11.4.90, in the Badulla Police Station, the State has notproduced proof of any investigations, during such detention. But the 1stpetitioner's own statement shows that she had been closely examined on allmatters relevant to the murder. This constitutes investigation and the detentionunder Regulation 19(2) can be justified.
Even though the detention can be justified, it is vitiated by the failure to producethe 1st petitioner before a Magistrate not later than 30 days from the arrest as
required by Regulation 19(1). Therefore the detention'under Regulation 19(2) wasunlawful and violative of Article 13(2) of the Constitution.
Detention under Regulation 17(1) is to prevent the 1st petitioner from acting inany manner prejudicial to the national security or the mantenance of public order.No charges were framed against her presumably because there was no evidenceto establish the commission of any offence by her and hence she was placedunder preventive detention. Such detention can be validly imposed even if nooffence is proved, nor any charge formulated. The essential concept of preventivedetention is that the detention is not to punish the person for something he hasdone but to prevent him from doing it. The basis for detention is the satisfaction ofthe executive of a reasonable probability of the likelihood of the detenu acting in amanner similar to his past acts and preventing him by detention from doing so. Apreventive detention order under Regulation 17(1) is* made on the subjectivesatisfaction of the Secretary. However the power to make such an order is notunfettered. Where the order is challenged, the Court is competent to considerwhether the Secretary did in fact form the requisite opinion by applying the test ofreasonableness in the broad sense. To enable the Court to do so, the grounds forthe order must be disclosed, even though the Court will not inquire into thesufficiency of such grounds.
Although the Secretary has filed no affidavit disclosing the grounds for his order,the affidavit of the 6th respondent and the other material indicate that the saidorder was made in view of the 1st petitioner's association with an alleged J.V.P.member who was responsible for her driver's murder. Hence the Secretary wascompetent to make the order.
In terms of Regulation 17(5) it is the duty of the Secretary to afford the earliestpossible opportunity to the detenue to make representations to the Presidentagainst the order and to ensure that he is informed of his right to makerepresentations to the Advisory Committee. Whilst there is no provision inRegulation 17 for serving on a detenu, a copy of the detention order at the time ofhis arrest, he should at least be informed of the fact of his arrest on such orderexcept where the exigencies of the case preclude it and a copy of the ordershould be given to the detenu. In the instant case it is more probable this was notdone. A person's liberty cannot be deprived of in this manner. The detention insuch circumstances is unlawful.
Assuming the petitioner was lawfully detained from 1.4.90, her detention nowexceeds one year and is excessive and unlawful. An order under Regulation 17 isliable to be reviewed for excessiveness.
The petitioner can no longer be regarded as a threat to national security or themaintenance of public order. Her continued detention is unlawful and violative ofArticle 13(2) of the Constitution.
There is no doubt that the 1st petitioner was subjected to severe interrogationand confrontation in the course of which she would have been treated roughlyand even insulted. But the acceptable evidence does not go beyond andestablish that degree of grave inhuman treatment which constitutes aninfringement of Article 11 of the Constitution.
Cases referred to:
Wijewardena v. Zain S.C. Application No. 202/87 – S.C. Minutes of 24.7.89.
Withanachchi v. Cyril Herat, Leelaratne v. Cyril Herat S.C. Nos 144-145/86S.C. Minutes of 01.7.1988.
Joseph Perera v. Attorney-General (1992) 1 Sri LR 199.
Gunasekera v. de Fonseka 75 NLR 246.
Muttusamy v. Kannangara 52 NLR 324,327.
Yapa v. Bandaranayake (1988) 1 Sri LR 63, 73, 75.
Henry Perera v. Nanayakkara (1985) 2 Sri LR 374.
Edirisuriya v. Navaratnam (1985) 1 Sri LR 100,118.
Rex v. Halliday (1917) AC 260,269.
Vijaya Kumaranatunga v. Samarasinghe FRD Vo1.2 p. 347
Wickremabandu v. Cyril Herat S.C. 27/88 S.C. Minutes of 6.4.90
W. M. K. de Silva v. Chairman, Ceylon Fertilizer Corporation (1989) 2 Sri LR393, 400, 404,405.
Nallanayagam v. Gunatilleke (1987) 1 Sri LR 293,298.
APPLICATION for infringement of fundamental rights.
Ran Banda Seneviratne with Miss Pushpa Waidyasekera and B. S. Amarasiri forpetitioners.
R. Arasacularatne, S.S.C. with J. Jayasuriya, S.C. for 4th, 5th, 6th, 7th, 8th and *"10th respondents.
Peter Jayasekera with Sarath Liyanage and Miss Shanthi Karunasekera for 9threspondent.
Curadv vu
11th March, 1991.
KULATUNGA, J.
The 1st petitioner is a married woman with three male children ofwhom the 2nd petitioner is the eldest son. At the time of her arrest bythe army on 29.01.90 she was engaged in business in the Badulladistrict. She was a private bus owner. She also owned a lorry, a pick-up double cab, a van and a car. Her husband is employed in Abu-dhabi as a processing engineer in an oil installation. According to theaffidavit of Captain Susantha Dhammika Attanayake (6R10) she wasinitially detained pending investigations into "alleged subversiveconnections".
The 1st petitioner was detained under Regulation 19(2) of theEmergency Regulations for alleged offences under Regulations 24,26, 27 and 28. According to the respondents she was so detained atthe Beragala army camp until 12.03.90. Thereafter, she was detainedat the Badulla Police Station until 11.04.90 on which date she wastransferred to the Badulla Prison.'All such detentions were imposedunder orders signed by the 6th respondent (Asst. Superintendent ofPolice). Later on, the police forwarded to the 8th respondent(Superintendent of Prisons, Badulla) a detention order underRegulation 17(1) of the Emergency Regulations signed by theSecretary to the State Minister for Defence bearing the date 01.04.90.She continued to remain in detention on this last order and at the timeof the hearing of this application she had completed one year ofdetention. The 2nd petitioner who had been arrested along with the1st petitioner was released on 30.01.90. The petitioners have sincefiled this application for alleged infringements of their fundamentalrights under the Constitution.
It would appear that the events which culminated in the arrest ofthe petitioners are linked to the murder of one Ratnasiri who hadbeen employed by the 1st petitioner as a driver, on or about 07.02.89by a gang led by one Jinadasa said to be a well-known member ofthe Janatha Vimukthi Peramuna. It is alleged that the 1st petitionerwas a close associate of Jinadasa and assisted the J.V.P. insubversive activities by providing funds. A few days prior to themurder, she had pointed out the house of the deceased to themurder suspect Jinadasa. According to the deceased's mother Julia
Nona (9R3), at about 12.30 a.m. on 07.02.89 an armed gang camehome and removed the deceased. In the morning the deceased wasfound shot dead. The case for the respondents has been presentedin this background. However, the case for the petitioners as set outby them is as follows.
In 1988, the petitioners were resident in Bandarawela. One day thedeceased driver left his employment with the 1st petitioner but heused to visit her. Ten days after he left, her house was burgled by anarmed gang. They removed cash and jewellery worth Rs. 450,000/-.This was generally understood to be the work of the J.V.P. This was inOctober, 1988. Later another person whom she identifies as a brotherof a Buddhist priest in a nearby temple approached her and said heknew the burglars and that the deceased driver was an accomplice;he also said that he would try and retrieve the goods and wanted herto show the house of the driver. She says that "unsuspectingly" sheshowed the driver's house to the said person; and sometimethereafter several persons were found murdered in Bandarawela andamong the dead bodies there was the body of the said driver; andthat the killings were attributed to the J.V.R and the cause was said tobe burglaries committed by the dead in the name of the J.V.P.
The 1st petitioner said thereafter she left Bandarawela and settledin Badulla being apprehensive of the repetition of the incidents whichoccurred, viz. the burglary and the murders; she also says that shefeared the 9th respondent an ex-army officer and the owner of a tyreshop who had become her enemy due to her refusal to accede to hisrequests for intimacy and threatened to create trouble using hisconnections. At Badulla she continued to ply her buses and attendedto her other business.
At about 10.30 p.m. on 29.01.90 when she returned home shefound that her house has been surrounded by a group of army , menled by the 1 st, 2nd and 3rd respondents. They arrested her and tookher along with the 2nd petitioner to the Bandarawela army camp.They also removed her car, 16 Sri 6612 Toyota Corolla wagon. On themorning of 30,01.90 the said three respondents abused thepetitioners calling them murderers and questioned the 1st petitioner
about involvement in the murder of the driver. The 1st respondentsaid that he had learnt from the 9th respondent that the 1st petitionerhad hired an assassin forRs. 6000/- to murder the driver, which shedenied. They began assaulting her. The 2nd petitioner was alsoassaulted and was released and was allowed to go home. She wasmanacled, beaten with a hose, hung by her manacles and beatenuntil she agreed to confess. She was bleeding. She was then broughtdown and her confession was recorded. That night the 1strespondent took her and left her at the Bandarawela Police Stationwhere she told the police matron about her ill-treatment by the armyand showed the injuries to Sub-Inspector Mahanama.
Until 04.02.90 the 1st petitioner was being ta'ken to the army campfor the day and brought to the Police Station for the night. The 1strespondent suggested to her from time to time that she has sex withhim promising to end her sufferingi.this she refused. On 05.02.90 shewas brought to the Beragala army camp where the 9th respondentvisited several times. Whilst she was there one Corporal Kapilaapprehended the alleged murderer of her driver and brought him tothe camp. He made a confession but denied any involvement of the1 st petitioner in the murder.
On 01.03.90 the mother of the deceased came to the Beragalacamp and there at the instigation of the 1st respondent assaulted the1st petitioner with a slipper all over her body; she developed a feverand was taken to the Haletathenna hospital where she was treated bya doctor. On instructions given at the camp she told the doctor thatshe had fallen from a staircase and sustained injuries. About threedays thereafter she was taken to the "torture chamber" of the campwhere she saw the murder suspect hung with his head shaven; hewas manacled and was dripping with blood; the 1st respondent beathim with a hose and asked him to say that the 1st petitioner paid himRs. 6000/- to kill the driver but the suspect said that the driver waskilled as he engaged in burglaries in the name of the J.V.P. and thatthe 1st petitioner had nothing to do with. Ultimately the 1strespondent slapped her and sent her back.
The petitioners also allege that while the 1st petitioner was indetention the 1st respondent with his men visited her house,threatened the caretaker one Mohideen and removed valuablearticles and two vehicles belonging to her, L 300 Delica van(unregistered) and Datsun pick-up truck No. 27 Sri 420. An affidavitfrom Mohideen (P4) has been produced in support of this allegation.As per documents P1a, P1b and P1c, the vehicle No. 27 Sri 420 hasbeen returned by the army on 26.06.90. According to the affidavit ofthe 1st petitioner's husband filed on 30.07.90 the L 300 Delica van ispresently unusable and is lying in the Diyatalawa army camp whilstthe Toyota Corolla wagon No. 16 Sri 6612 (which was taken at thetime of the petitioners' arrest) is being used by Brigadier Abeyratne atDiyatalawa.
Captain Attanayake in his affidavits (6R10, 6R12) states that the1st respondent (Captain Siriwardena) who was the CommandingOfficer of the Beragala camp during the relevant period left the armyon 04.08.90. As regards the 2nd and 3rd respondents he states thatthere were no persons answering to their descriptions attached to theBeragala army camp. At the hearing of this application the learnedSenior State Counsel complained that the 1st respondent left thecountry on 28.08.90; he has gone to Switzerland; and hence the onlyperson who could speak to the arrest is not available. However,notice of this application had been despatched to the 1st, 2nd and3rd respondents by registered post through the 4th respondent (TheCommander of the Army) on 25.07.90; the matter was fixed for
for argument- and no reason has been given as to why hehas failed to file his objections before he left the country. Eventhereafter it could not have been beyond the resources of the State tohave traced him but the State does not appear to have made anyattempts thereat; instead they have relied upon Captain Attanayake(who was the second in command at the Beragala army camp duringthe relevant period) to answer the allegations. As such, I see no meritin the explanation of the S.S.C.
Leave to proceed was granted to the petitioners for allegedinfringements of Articles 11 and 13 of the Constitution. I shall firstconsider the validity of the arrest. The petitioners have failed to filethis application within one month of the arrest but the Counsel for theState very properly did not object to it on the ground of the bar underArticle 126(2) of the Constitution in view of the fact that having regard
to the conditions of the 1st petitioner's-detention, they were not free tohave recourse to this Court until the filing of this application. It is clearfrom the detention orders 6R2, 6R3 and 6R4 that the impugned arresthad been made under Regulation 18(1) of the EmergencyRegulations which provides inter alia that any member of the SriLanka Army may arrest without a warrant any person whom he hasreasonable ground for suspecting to be concerned in or to havecommitted any offence under Emergency Regulations. In terms ofArticle 13(1) of the Constitution any arrest has to be "according to theprocedure established by law" and the person arrested has to beinformed of the reason for his arrest.
In Wijewardena v. Za/n(,) the principles to be applied indetermining the validity of an arrest under Regulation 18(1) havebeen summarised thus:
"As held in Withanachchi v. Cyril Herat, Leelaratne v. CyrilHerat(2) it is not the duty of the Court to determine whether onthe available material the arrest should have been made or not.The question for the Court is whether there was material for areasonable officer to cause the arrest.
Proof of the commission of the offence is not required; areasonable suspicion or a reasonable complaint of thecommission of an offence suffices. The test is an objective one.Joseph Perera v. Attorney-General(3> Gunasekera v. deFonsekaw. A suspicion is proved to be reasonable if the factsdisclose that it was founded on matters within the police officer'sown knowledge or on the statements made by other persons ina way which justify him giving them credit Muttusamy v.Kannangara®. See also Yapa v. Bandaranayake(6> ".
There is also the consideration that during a period of emergencya wider discretion is vested in the police in the matter of arrest as itwould otherwise inhibit them from the due performance of their dutieswhich ensure the safety of the State and the protection of the generalpublic against armed attack or subversion – Joseph Perera v.Attorney-General (supra) per Wanasundera, J. The above principleswould equally apply to an arrest by the army.
Now the allegation is that the army arrested both petitioners. The6th respondent in his affidavit which is supplemented by severalannexes including an affidavit of Captain Attanayake admits thearrest of the 1st petitioner. He denies the allegation of torture butdoes not deny the arrest of the son, the 2nd petitioner. I thereforeregard his arrest as proved. Neither the police nor the army haspreferred any allegation of subversive connections against him.However, in 9R4, the statement of Julia Nona dated 20.02.89produced by the 9th respondent (Mendis), there is reference to the1st petitioner's eldest son as having accompanied her on the day sheshowed the deceased driver to the suspect Jinadasa. It is possiblethat the said information was available to the army and this led to thearrest of the 2nd respondent. However, he was released forthwith,there being no material to justify further proceedings against him. Inthe circumstances, I do not think it necessary to make any orderagainst the respondents on account of his arrest.
In justification of the arrest of the 1st petitioner, the State relies onthe bare statements in the affidavit of the 6th respondent that she wasarrested for instigating the murder of her driver by the J.V.P. and forassisting subversive activities. They also rely on the statements ofthree persons. Two of them are self-confessed accomplices to ■. smurder of the driver who claim to have heard from the killer Jinadesethat the murder was committed at the request of the 1st petitioner.The other person states that he accompanied the 1st petitioner onthe day she took the killer and showed him the driver. All thesestatements have been recorded after the filing of this application andhence would not constitute objective criteria for justifying the 1stpetitioner's arrest.
Quite ironically, the only material relevant to the arrest has beenproduced by the 9th respondent, Mendis defending himself againstthe allegation that he was responsible for the impugned arrest anddetention. This consists of –
9R4, the statement of Julia Nona dated 20.02,89 referred toabove to the effect that the 1st petitioner had shown thedeceased driver to an unknown man later identified as hiskiller;
9R5, the statement of one Kirthi dated .18.02.89. He had beenemployed as a driver in the transport service of the 1stpetitioner and says that she offered him money to murder aBuddhist monk (a professional charmer) with whom she hadfallen out;
9R6, the statement of one Janaka dated 18.02.89. He hadbeen employed as a cleaner under the 1st petitioner and saysthat she offered him money to kill the 9th respondent withwhom she was angry.
These statements have been recorded by the Bandarawela Policein the course of investigations into the murder of the driver.
The 9th respondent admits the existence of enmity between himand the 1st petitioner but denies that he instigated her arrest. Healleges that she was out to harm' him. It is his case based on theabove statements that she. is a person of violent disposition. Inconfirmation he has also produced 9R7, the 1st petitioner's ownstatement dated 25.03.90 recorded by the Bandarawela Police. 9R7shows that she had a more intimate knowledge of the man who killedher driver which she has failed to disclose in her petition. She told thepolice that he is the brother of Reverend Nandawimala ofAsokaramaya; that on the request of the monk she met him at a placeclose to his boutique in Karagahawela when he promised to help herto recover the valuables which were burgled from her house; and thatat the Beragala army camp she learnt that he is one jinadasa.
It is probable that sooner or later such information surrounding themurder of the 1st petitioner's driver had reached the army who wereengaged in anti-subversive activities in the area. Their conduct intreating the 1st petitioner as a "murderer'' from the moment of herarrest confirms this. It therefore seems to me that there was crediblematerial to arrest the 1st petitioner, on suspicion of being concernedin an offence under Emergency Regulations even though suchmaterial may be insufficient to warrant a charge against her. Causingdeath to any person with any weapon is an offence under Regulation24(1 )(b); and even if the army failed to inform the 1st petitioner ofsuch reason at the moment of her arrest, they made it known to herimmediately upon her arrival at the army camp. In thesecircumstances, I hold that her arrest is lawful and is not violative ofArticle 13(1) of the Constitution.
The next question is the validity of the impugned detention. It is therespondent's position that until 11.04.90 she was detained first at theBeragala army camp and thereafter at the Badulla Police Station onorders made by the 6th respondent in terms of Regulation 19(2) foroffences under Regulations 24, 26, 27 & 28. However, the petitionerstates that until 05.02.90 she was kept at the Bandarawela armycamp by day and Police Station by night. Even if this were notcorrect, the more relevant question is whether her detention for thealleged offences is justified. Such detention can be justified only if itis for the purpose of search or further investigation. Henry Perera v.Nanayakkaram. In view of the murder of the driver the invocation ofRegulation 24 can be justified. The said murder had occurred on
and hence the police had ample time to investigate it or tomake an arrest. Nevertheless, I shall, in all the circumstances,assume the right of the law-enforcing officers to arrest and detain the1st petitioner even at a later stage, for investigating the offence underRegulation 24. However, I see no justification for detaining her ;oroffences under Regulations 26, 27 and 28 which refer to sedition andincitement, display of slogans and distribution of leaflets respectively.
Although she was detained under Regulation 19(2) for over twomonths the State has not furnished any evidence of investigationscarried out during that period. As regards her detention upto
at the Beragala army camp, the only available informationfurnished by the State is the bare statement of Captain Attanayakethat she was so detained pending investigations into "subversiveconnections". However, the 1st petitioner gives an account of whattranspired in that camp in support of which she relies on the affidavitsof Lurdu Mary (Matron) and Nandawathie another detainee (P4, P5).According to her, she had. been questioned regarding the murder ofher driver. Thereafter, she was transferred to the Badulla PoliceStation where she remained until 11.04.90, on which date she wastransferred to the Badulla Prison. Once again, the State has notproduced proof of any investigations during such detention. However,it is clear from her statement 9R7 that during that period she had
been closely examined on all matters relevant to the murder. Thisconstitutes investigation. As such the detention under Regulation19(2) can be justified.
Even though the said detention can be so justified, it is vitiated bythe failure to produce the 1st petitioner before a Magistrate not laterthan thirty days from the arrest as required by Regulation 19(1). AsWanasundera, J. said in Edirisuriya v. Navaratnamm.
"Such a requirement is always considered a salutaryprovision to ensure the safety and protection of arrestedpersons. It is more than a mere formality*or an empty ritual, butis generally recognised by all communities committed to theRule of Law as an essential component of human rights andfundamental freedoms".
The learned Counsel for the petitioners complained withoutcontradiction by the State that the 1st petitioner was never producedbefore a Magistrate. Accordingly, I hold her detention underRegulation 19(2) to be unlawful and violative of Article 13(2) of theConstitution.
According to the 6th respondent, the detention orders made byhim was followed by a detention order under Regulation 17(1) madeon his recommendations. This was to prevent the 1st petitioner actingin any manner prejudicial to the national security or the maintenanceof public order. No charges were framed against her presumablybecause there was no evidence to establish the commission of anyoffence by her and hence she was placed under preventivedetention. Such detention can be validly imposed even if "no.offenceis proved, nor any charge formulated" Rex v. Halliday<9>. Shukla in"The Constitution of India" 7th Ed. 134 states –
"The essential concept of preventive detention is that thedetention of a person is not to punish him for something he hasdone but to prevent him from doing it. The basis for detention isthe satisfaction of the executive of a reasonable probability of
the likelihood of the detenu acting in a manner similar to hispast acts and preventing him by detention from doing so".
(See also Vijaya Kumaranatunga v. Samarasinghem FRD(2)347, Yapa v. Bandaranayake (supra)
A preventive detention order under Regulation 17(1) is made onthe subjective satisfaction of the Secretary. However, the power tomake such order is not unfettered. Thus where the order ischallenged the Court is competent to consider whether the Secretarydid in fact form the requisite opinion by applying the test ofreasonableness in the broad sense. To enable the Court to do so, thegrounds for the order must be disclosed, even though the Court willnot inquire into the sufficiency of such grounds. Wickremabandu v.Cyril Herat*111.
In the instant case, there is no affidavit from the Secretarydisclosing the grounds for his order. However, the affidavit of the 6threspondent and the other material indicate that the said order wasmade in view of the 1st petitioner's association with an alleged J.V.P.member who was responsible for her driver's murder. I am thereforesatisfied that the Secretary was competent to make the order; but theteamed Counsel for the 1st petitioner, relying on certain officialentries on the detention order, alleges that there was no such order atthe place of detention and the 1st petitioner was not shown any suchorder; that it has been sent there after the filing of this application on06.07.90. On that basis, he submits that the 1st petitioner's detentionis unlawful, This is a serious allegation which the Court must consider.The following facts are relevant in this connection.
The order 6R7 is dated 01.14.90. However, the 8th respondentinformed this Court on 17.07.90 that the 1st petitioner was firstproduced before the Prison Authority by the Badulla Police on
along with the order 6R4 made by the 6threspondent; and that later the police sent the order 6R7. The8th respondent has not filed any affidavit in particular forclarifying the actual date on which the said order wasreceived; nor is there any explanation in the matter either fromthe 6th respondent or from the Secretary.
There appears on the face of 6R7 an official date stamp for09.07. it has the words Ҥ c-aa ajsfo" which indicates itsreceipt at the prison on 9th July.
In her affidavit, the 1st petitioner states that she was nevershown the detention order. The 6th respondent denies thisbut has not adduced any proof that the order was shown toher.
In terms of Regulation 17(5) it is the duty of the Secretary to affordthe earliest possible opportunity to the detenu to makerepresentations to the President against the order and to ensure thathe is informed of his right to make representations to the AdvisoryCommittee. Particularly for that reason this Court has, in the case ofWickremabandu v. Cyril Herat (supra), expressed the view that whilstthere is no provision in Regulation 17 for serving on a detenu a copyof the detention order at the time of his arrest, the detenu should atleast be informed of the fact of his arrest on such order except wherethe exigencies of the case preclude it; and that a copy of the ordershould be given to the detenu. In the instant case, it is more probablethan not that this has not been done; I am satisfied that the order wasnot sent to the prison until 09.07.90.1 do not think it to be the law thata person's liberty can be deprived of in that manner. I therefore holdthat the 1st petitioner's detention in such circumstances is unlawful.
Assuming that the 1st petitioner was lawfully detained from
on 6R7, I am of the view that her detention which nowexceeds one year is excessive and hence unlawful. Her detentionhas been continued from, month to month by virtue of the provisionsof S.2A of the Public Security Ordinance (Cap. 40) which providesthat where a further proclamation is made under S.2(2) inter aliaevery order made under any Emergency Regulation and in force priorto such regulation "shall be deemed to be in force" with the cominginto operation of such further proclamation.
An order under Regulation 17 is liable to be reviewed by this Courtfor excessiveness. Wickremabandu v. Cyril Herat (supra). On thebasis of the available material, it seems to me that the 1st petitioner'sassociation with Jinadasa who is alleged to be a member of the J.V.P.
was motivated more by her anxiety to recover the property burgledfrom her house than any desire to assist subversive activity. She washerself a victim of the unsettled conditions in the area. She is abusiness woman. There is no evidence of any political or ideologicallinks between her and the subversive movement. Viewed in that lighther motive for flirting with Jinadasa is very much personal. The onlystatements which allege general support by her to the J.V.P. are thoseof two self-confessed assassins recorded after the filing of thisapplication. Even they do not speak from personal knowledge butrepeat remarks attributed to Jinadasa their leader that she hadfunded the J.V.P. Further, no explanation has been given for the delayin recording the statements under reference. As such, I am unable torely on these statements.
Thus it is on the basis of her limited involvement with an allegedJ.V.P. man that the 1st petitioner's detention may be justified. In themeantime her Bandarawela residence had been burgled. She saysthat her Badulla residence was ransacked and vehicles removed.She has languished in prison long. I do not think that she ca -longer be regarded as being a threat to national security cr iremaintenance of public order and be detained on that ground.Accordingly, I determine her continued detention to be unlawful andviolative of Article 13(2) of the Constitution.
The next question is the alleged infringement of Article 11. The 1stpetitioner's statement 9R7 produced by the 9th respondentsubstantially corroborates her version on all matters except on thealleged involvement of the 9th respondent and the nature of the illtreatment by the army. It supports her position that the suspectJinadasa had been apprehended and was brought to the army campwhere .he was tortured. I accept her statement that Jinadasa hadbeen arrested and brought to the camp and that he was interrogatedthere. It is difficult to accept the respondent's version that Jinadasawho appears to be a well-known man was not arrested.
In support of the allegation of inhuman treatment, the 1st petitionerproduced an affidavit from the matron Lurdu Mary and Nandawathie,
a J.V.P. detainee. In a subsequent affidavit which Lurdu Mary hasgiven to the respondents she has gone back on the first affidavit. Iam unable to rely on Nandawathie's affidavit in view of herantecedents. The 1st petitioner's own statement 9R7 only states thatthe army assaulted her during the interrogation. No further details ofthe alleged inhuman treatment appear. She also states that thedeceased driver's mother slapped her in the presence of CaptainSiriwardena. It is possible that such assault was inflicted by anenraged mother on her own and not necessarily at the behest ofCaptain Siriwardena. There is no doubt that the 1st petitioner wassubjected to severe interrogation and confrontation in the course ofwhich she would have been treated roughly and even insulted; butthe acceptable evidence does not go beyond and establish thatdegree of grave inhuman treatment which constitutes an infringementof Article 11 of the Constitution. See Mrs. W. M. K. de Silva v.Chairman, Ceylon Fertilizer Corporation(,sl. I hold that the allegedinfringement of Article 11 has not been established.
Finally I turn to the alleged taking of the 1st petitioner's vehicles bythe army. The petitioners state that the car No. 16 Sri 6612 was takenon 29.10.90. L 300 Delica van (unregistered) and vehicle No. 27 Sri420 were removed while she was in detention. The last of .threevehicles has been returned by the army. However, the other twovehicles are still with the army. The respondents have not deniedthese allegations; nor have they sought to justify the requisitioning ofthese vehicles. I am therefore satisfied that the army had removedthem and that the 1st petitioner is entitled to recover the same.
The allegation that the 9th respondent instigated the arrest anddetention of the Ist-petitioner has not been established. Accordinglyan order against him is not justified. The application against him isaccordingly dismissed without costs.
On the question of relief arising upon the infringement of Article13(2), in one case where the unlawful detention was underRegulation 19(2) of the Emergency Regulations, this Court granted asum of Rs. 5,000/- for three days of unlawful detention. Nallanayagamv. Gunatillekem).
"Article 13(2) embodies a salutary principle safeguarding thelife and liberty of the subject and must be exactly complied withby the executive. In our view this provision cannot beoverlooked or dismissed as of little consequence or as a minormatter".
In Withanachchi v. Cyril Herat, Leelaratne v. Cyril Herat {supra),another case of unlawful detention under Regulation 19(2) there weretwo detainees. One of them who had been detained for 46 days wasgranted Rs. 10,000/- whilst the other who had been detained for 46days was granted Rs. 25,000/-.
In Wickremabandu v. Cyril Herat (supra), the detention was underRegulation 17(1). This Court held that a period of 4 months detentionwas excessive and granted Rs. 15,000/- as compensation taking intoconsideration the fact that inter alia the impugned detention hadbeen affected in the background of a widespread insurrection.
The question of relief would depend on the facts andcircumstances of each case. In the instant case, I have held thedetention to be unlawful in respect of orders made under Regulations17(1) and 19(2). I take into consideration the suffering the 1stpetitioner had to undergo during her incarceration for over one yearwhich is vitiated by serious non-compliances. The 6th respondent isresponsible for such non-compliances for which the State becomesliable. I think it just and equitable to grant her compensation in a sumof Rs. 20,000/- (Rupees Twenty Thousand) and a further sum ofRs. 2000/- (Rupees Two Thousand) as costs, payable by the State. Idirect that the payment be made accordingly. I also direct the 8threspondent to release the 1st petitioner from detention and the 4threspondent to return to her the two vehicles which are with the army.
AMERASINGHE, J. – / agree.WADUGODAPITIYA, J. -I agree.Application allowed.
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Tag Archives: chefs
December 3, 2013 by lucycornes
'The New West Country Cook Book' Launched
On Monday 2nd December, a 'culinary collective' of the South West's top chefs gathered at Watergate Bay for the launch of photographer David Griffen's The New West Country Cook Book.
The book aims "to showcase the region's culinary talent and high quality produce through beautiful photography and home-cooked recipes."
David has been documenting the burgeoning food scene in the South West for over 10 years, becoming an influential figure in the industry himself along the way. "Working with David is always exciting and reassuring in equal measure," said Porthminster Executive Chef Michael Smith. "He is knowledgeable and passionate about food. David's work shows off each chef's creativity and individuality, which is what makes this collection of images and recipes so exciting."
David explained how he first dreamed up the idea of bringing the culinary talent of the South West together. "The idea for the book came from watching the chefs working together at festivals and demonstrations; in quiet moments backstage they were talking as a group and to each other and sharing ideas and experiences – there was a real sense of mutual support."
The book features recipes from 17 chefs including Nathan Outlaw, Paul Ainsworth, Michael Caines, Mitch Tonks, Mark Hix, Tom Kerridge, Chris Eden and Porthminster's Michael Smith.
Focusing on key ingredients that can be found or foraged locally, the recipes emphasise the flavours of food in a uniquely West Country style, all of which is captured through stunning photography.
Nathan Outlaw, who has won two Michelin stars for his restaurant in Rock, Cornwall, said: "Over the last ten years the camaraderie amongst the chefs of the South West has increased. I enjoy being in the kitchen and cooking with other chefs, and I think it is good for the chefs who work with me to see other styles. It's great to have these extra influences in the kitchen."
David added: "The brief given to each chef was the same – no fancy techniques, just honest home cooking, with a focus on the region's produce."
Tom Kerridge, who grew up in Gloustershire and runs the two Michelin starred Hand Flowers in Marlow said: "The standard of cooking in the South West over the last few years has risen dramatically, with the increase of a number of home grown South Western chefs opening their own places or becoming head chefs in their own right in some fantastic venues."
The New West Country Cookbook is now available to buy at Porthminster Beach Cafe, alongside our very own cookbook.
Posted in News, The Food, The Recipes, Uncategorized
Tagged chefs, cookbook, news, photography, recipes
October 4, 2013 by lucycornes
Food Mag Readers Awards 2014
The annual food Reader Awards are voted for exclusively by the public, so they are a great reflection what is really going on right now in the food and drink scene across the South West.
In 2013 we were lucky enough to scoop the Best Cafe award, and we promised you we were going to try even harder to impress you this year! So, if you've enjoyed visiting us, please take a moment to vote for Porthminster Beach Cafe, either as your favourite restaurant or cafe, we're not fussy. There are also awards for the best wine list and, don't tell him we said this, but isn't it time Michael Smith won Best Chef?!
Voting has opened for the shortlist and closes on November 21st. Then on December 1st the finalists will be announced in each category and you'll be able to vote for them until the end of January.
Ladies and gentlemen, cast your votes!
Posted in News, The Reviews
Tagged awards, chefs, news, reviews
Autumn Forage & Feast Dates Announced
Last spring saw the introduction of our popular 'Forage and Feast' days at Porthminster Beach Café, in collaboration with ecologist and forager Caroline Davey of Fat Hen. The opportunity to discover the diverse wild food of St Ives Bay returns this autumn, as new dates have been announced.
On the 4th and 18th November Caroline will once again be guiding small groups, exploring the hedgerows, footpaths and shoreline in the immediate vicinity of the Café. The route reflects the daily incursions of the Porthminster chefs, led by Michael Smith, as they harvest the bounty afforded by their unique location.
Participants will meet at the Café for coffee, before beginning their foray along the beach and coastal path. Botanical expert Caroline will guide the group through the secrets of harvesting delicious wild food full of flavour, whilst keen forager Michael will explain what his chefs look out for as they gather plants, herbs and seaweed from their immediate environment.
"Autumn provides a rewarding range of tastes and textures for the foraging enthusiast" says Caroline, who will be looking out for things like pennywort, sorrel, wood sorrel, nettles, pepper dulse, laver and cow parsley. "This day course is perfect for anyone keen to discover the amazing produce growing all around them, and how to use even just a small touch of these free ingredients to transform the way they cook at home."
Once back at the Beach Café, Michael will cook up a feast. Using the results of the morning forage, he will create a three course meal. Participants will have the opportunity to see him in action, and learn about the techniques which bring those seasonal ingredients together. This late lunch will be served to the group in the café, overlooking the beach.
"We forage daily around Porthminster Beach at all times of year," explained Michael. "Each new season brings its rewards. At the onset of autumn our cooking turns towards warming, earthy flavours and foraging plays a key role in that seasonal shift. Harvesting food from our surroundings has become an integral part of what we do here at the beach and we're keen to share our passion and give some of our secrets away."
To book, visit www.fathen.org where you can find a booking form under 'Courses and Events'.
Course dates – 4th and 18th November, meet at the Café at 10am.
£50pp including coffee and pastries, a two hour forage and a three course lunch.
Posted in News, The Food, The Location
Tagged autumn, chefs, events, foraging, garden, network, news, St Ives
August 8, 2013 by lucycornes
The Times – 20 best places to eat by the beach
Porthminster Beach Cafe was surprised and thrilled to be included in this feature in The Times (Thurs 8th August). Chosen by top chefs, the places picked from around the coast were a diverse range of architecturally impressive Beach Cafes, old-world pubs and classic brasseries.
Executive Chef Mick Smith and Head Chef Ryan Venning were both very pleased to have been singled out from so many great place to eat by the seaside. Ryan commented "The whole kitchen team work so hard on a day to day basis, especially at this time of year. This kind of recognition has given us a great boost and put a little spring in our step today."
Here is Porthminster's entry in full:
Porthminster Cafe
St Ives, Cornwall
"Aussie chef Mike Smith forages on the nearby coastal path for ingredients for his wildly eclectic menu at this casual beach-side cafe that has high culinary ambitions. Feast on air-dried Cornish duck ham with compressed melon, nastursium and fennel followed by a roasted whole lemon sole with white crab and tomato, cucumber and vanilla salsa while taking in the wonderful St Ives bay views."
Fellow Cornish restaurants The Hidden Hut, Fifteen Cornwall and Outlaw's in Rock were also included in the list of top spots.
Posted in Grown-Up Kids, The Food, The Reviews, Uncategorized
Tagged chefs, crab, fish, foraging, news, reviews, St Ives
July 21, 2013 by lucycornes
Our inventive desserts have a bit of a cult following – imaginative, surprising and totally indulgent – it's always a pleasure to take one of these beautifully presented plates to a table, stand back and enjoy the collective gasp. Time to meet two of the personalities in pastry – Sally & Lucy – and find out what makes them tick….
Homegrown Talent
Lucy Holland is a St Ives girl, just finishing her stint at the catering department of Cornwall College, Camborne, where she recently won Apprentice of the Year for the second time. Lucy has worked with us at Porthminster for four years, starting on a work experience placement. These days Lucy plays a major role in the pastry section, lending her creativity and enthusiasm to the kitchen team. "Walking into a kitchen for the first time as a young trainee is tough – Porthminster is a busy kitchen with a lot of chefs and it's also quite small and noisy! You have to be able to block out a lot of the background comings and goings and concentrate on your section and prep," Lucy tells us.
Caramalised Bananas
The Aussie Connection
Head of Pastry Sally is one of a long string of Porthminster chefs who has come to us thanks to our strong Aussie roots. Sally went through the Australian TAFE College system, and began to specialise in pastry when she finished her training in 2009. "I had always wanted to come and work in the UK, and when friends suggested St Ives I jumped at the chance. I remember checking it out on Google and the next thing I knew I was on the little train along the coast, about to arrive. It was a gorgeous sunny day. I had a trial lined up at Porthminster thanks to Joe and Laurianne (ex-staff members, now of Harvest, Byron Bay). Now I'm in my third season!"
Keeping It Sweet
Lucy, who has been working towards an NVQ3 in Patiserrie, has always known this was where her passion lay. "Pastry is colourful, inventive and there's a lot of fun to be had experimenting with texture. I love thinking about how the different components of any given dessert will work together, and learning skills like tempering chocolate." For Sally, achieving technical perfection is important, and her eye for detail is something very special. "At Porthminster we are encouraged to be creative and come up with ideas as a team. Working out how those flavours and concepts will actually come together on a plate is the technical challenge for me," explained Sally.
Deconstructed Pimms
Location Location….
Like the rest of the kitchen, the pastry section use ingredients grown in the Porthminster garden and foraged from the surrounding area. "We're using lots of elderflower at the moment, as it's just about to go over," explained Sally, "as well as berries from garden, rhubarb and edible flowers. That's one of the best things about working here – you pick things from the garden and literally use them straightaway. It's very inspiring and we're constantly getting ideas from what grows around us." Lucy shares this fascination with seasonal ingredients, whilst also finding inspiration from her family. "As soon as I was tall enough I was cooking with my Mum and Nan. That was my early inspiration. I keep a book at home full of ideas – it's got pretty big!"
As well as Lucy's bold creative ideas and Sally's elegant technical prowess, the pastry team benefits from the experience of both Michael and Ryan, Exec and Head Chef respectively. Many of the classic Porthminster desserts, such as Deconstructed Pimms and Caramelised Bananas have been honed and perfected over years, and the task is to get them out just right each time. Other new dessert specials, such as the Jaffa Cake Special, are joint efforts. Ryan and Karen (another member of the pastry team) collaborated to create a new take on the Malva pudding, a South African favourite, in this case made with the addition of orange and served with vanilla ice cream coated in chocolate, with a Cointreau gel.
Onwards & Upwards
Both Sally & Lucy have big plans for the future. Both design and make unique cakes to commission (contact info@porthminstercafe.co.uk to find out more). Whilst Sally is looking to attend more specialist courses in London on cake design, Lucy is keen to head off travelling and gain experience working in different kitchens around the world. Ultimately however, she would like to return to St Ives and open her own dessert & cocktail bar which we're sure will be a massive hit!
Lucy (left) & Sally (right)
Posted in The Food, Uncategorized
Tagged chefs, desserts, pastry, pimms, seasonal
June 29, 2013 by lucycornes
Meet our Head Chef, Ryan Venning
Having worked at Porthminster Beach Café in the past, as well as on other projects alongside Executive Chef Michael Smith, we were thrilled to welcome back Ryan Venning as Head Chef at the start of the year.
Now that he's well and truly settled back in, we thought it was time to introduce him properly, so here goes….
Where did you start cooking?
"I grew up in Durban, South Africa. I started training at the 5* Royal Hotel, which sleeps 2,000 people! It was an incredible 3 year apprenticeship. The hotel had its own butchery as well as an enormous grill department and a vast pastry kitchen. The hotel hosted important functions, including several gala dinners for the President with 1,200 guests. It was a good grounding in all aspects of cooking. After I qualified I worked in some brilliant smaller places, including a gastro pub and a buzzing Cafe which specialized in outside catering, and a grillhouse where we aged our own meats."
How did you end up in St Ives?
Cooking demo at Fifteen Farmers Market…
"I met Mick (Smith) when he was on holiday in Cape Town. He'd been in St Ives a few years by then and was loving it. It sounded like the perfect place to come and cook in the UK – I was happy to bypass London! In a few months I was here; I started at Porthmeor before working with Mick at Porthminster and later becoming the Head Chef at Porthgwidden (Porthminster's sister restaurant). From there I went as Head Chef to The Herring at Bedruthan Steps Hotel, before returning to my roots here on the beach."
You arrived in Cornwall eight years ago, and it seems the attraction hasn't diminished?
"Certainly, I still love it just as much as when I first arrived! Don't get me wrong, as chefs we do work very, very hard. The hours are long and unsociable. But in Cornwall a positive work/life balance is just that bit easier to achieve. I don't have to commute to work and I have the beach and countryside right on my doorstep whenever I get a chance to get out there. For me there's always something different and essential about being by the ocean. It's a lifestyle I wouldn't be without, especially now I have a family. Surfing, cooking and my family are my inspiration – not in that order! Being based in the UK has allowed me to travel to places like Morocco and Portugal. Looking for new waves and new food experiences is a great combination."
In terms of being a chef, what is it that's unique about working here?
A trip to the garden before service….
"For me, the UK in general has four distinct seasons which we just don't have back in South Africa. This keeps your creativity flowing; there's always new produce coming into season which is really exciting. Cornwall in particular of course has the best seafood in the world! As well as that, we enjoy an abundance of foraged produce throughout the year. Spring I think is my favourite time for the great variety of local ingredients which come through the door – everything is so fresh it's impossible not to be inspired."
Do you find it a challenge leading the kitchen at Porthminster?
"It is a challenge, but it's a good one. My experiences as Head Chef elsewhere have taught me a lot and they have all been positive stepping-stones. The team here are fantastic – you need to have that behind you in order to create great food, especially during the summer season when cover numbers are so high. I'm finding real satisfaction in coaching the younger members of the crew; I think even more experienced chefs feed off that sense of discovery and learning we see in our apprentices. And at the end of the day our location is unique and inspirational. We're privileged to work on a beach with this stunning view, and I genuinely think that is reflected in what we create everyday."
Read more about Ryan and Michael's favourite seasonal ingredients in our Summer at Porthminster blog feature, coming soon….
Tagged chefs, interviews, news, St Ives


95-96...so much great fruit up front, nice acidity and mouthfeel......rich black and red fruit. Lots of cassis, briar and black currant on the nose. Energy in the mouth, sweet tobacco, just a very good drinker right now. Should have had it at dinner instead of the BV. Jimbo, I'm sorry we didn't open this one!


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Despite the predictions on social media after Trump's win, 2017 has not has not been a big year for punk. Sure some punk album's have come out , but no more than normal. These guys have been around since 96, so they have held on longer than most pop punks bands from that area, perhaps it's because they did not shine the pop side of their hooks up as much as say Blink 182. Though these guys have always struck me as being more from an Offspring or Bad Religion mold. The second song is more run of the mill than the first. This album is well produced, which might have taken some of the punk snarl from it. One of the fools from Good Charlotte produced this so that factors in on the pop meter. The first song starts off as a strummed sing a long and then goes into more of a ska bounce. My problem with ska is it's way too happy. In their promo picture one of the guys is wearing an Operation Ivy shirt so I should not be that surprised. They then proceed to sound like a pop infused Rancid on "Trouble Follows Me".
"Finish What We Started " makes it obvious that bass player is the most talented member of this band. The big choruses are beginning to get annoying. "Liar" then makes a pretty good effort to get this album back to being punk. There is a darker note to "Digital Blackout" which makes it one of the album's best songs.Here the big sing along chorus reminds me more of 80s hair metal. From there things get back to being too happy. "Racist" is one of the more lame brain moments, with lyrics that could have come from their Facebook feed. In fact sonically the final three songs fall rather flat with "Throw It Away" being the best of the three.
I think giving this one a 6 is being pretty generous as it has a few moments , but over all lacks the danger that punk should have. I am ok with the slick production if something with more depth is being packaged in it. These songs could very well be left over from the days of Myspace.
Labels: "American Fall", 6, album review, Anti-Flag, pop punk, punk, Ska


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Home News Analysis Will the International Criminal Court Investigate Mexico's 'Drug War'?
Will the International Criminal Court Investigate Mexico's 'Drug War'?
Jesus Perez Caballero*
Zetas
A scene from the Tlatlaya killings
The violence of Mexico's so-called "war on drugs" has caught the attention of the international community, with calls for the International Criminal Court (ICC) to turn its attention to the country. If they're successful, high-level government officials — or even leaders of drug trafficking organizations — may be prosecuted in the Hague. But it's a difficult road ahead.
The ICC's Office of the Prosecutor (OTP) is the body that will decide if there's evidence that the most serious atrocities under international law have taken place in Mexican territory. According to the Rome Statute, drug trafficking isn't within the ICC's jurisdiction, but the way that different actors may either fight or defend the drug trade is — if, for example, war crimes are committed, or crimes against humanity.
Under international law, a war crime can only occur during an armed conflict. To define a situation as such, jurisprudence requires that both sides in the conflict are organized and are engaged in intense combat. In Mexico, this could encompass the armed capacity of the drug trafficking organizations, and the state's use of military force to combat them. There have been episodes of intense violence involving the Zetas and the Gulf Cartel in northern Mexico, like the May 2014 killings in Tamaulipas.
Nevertheless, there has been no coordinated effort among the cartels to confront the security forces — every organization works on its own. They haven't yet overcome their differences to unite against the state and become something like a belligerent force.
Nor are the criminal groups hierarchical. The Zetas' so-called "military outlook" is marked by their frequent use of violence. They've used tactics that have caused widespread terror, but they haven't declared war against the state. In that sense, their case is similar to that of Colombian criminal group the Urabeños. Although ICC prosecutors describe the latter group as having a vertical structure, this isn't a general dynamic and the group essentially operates in a decentralized way, acting on its economic interests.
SEE ALSO: Zetas News and Profile
In Mexico, this dynamic has resulted in an asymmetrical conflict involving fluid drug trafficking organizations, which use violence as one tactic among many. At times these organizations prefer to co-opt individual members of the security forces. Others are able to gain protection from institutions, as seen with the Knights Templar's infiltration of the government in Michoacan state. There are also cartels that support the security forces in combating other gangs, such as the Jalisco Cartel – New Generation (CJNG).
If there is a war in Mexico, its characteristics have no precedent. And it has been difficult for ICC prosecutors to accept this.
Are there "Crimes against Humanity" in Mexico?
In order to define an act as a "crime against humanity," there doesn't need to be an armed conflict, but there does need to be a widespread or systematic use of force against the civilian population. The perpetrators need to be state actors or an equivalent organization that acts as the highest authority in a given area, thanks to its control of the region, or the group's structure and use of military means. Colombia's FARC rebels and AUC paramilitary group are examples of this in Latin America. A "crime against humanity" must involve continuous attacks marked by a policy or an ideology before they can be considered "systematic." These cannot be isolated acts, regardless of the cruelty involved or the number of victims.
Organizations like the Zetas have committed extremely serious crimes. In San Fernando, Tamaulipas, between 2010 and 2012, they massacred migrants with no clear objective. According to recent revelations, in 2010 dozens of residents disappeared in Allende, Coahuila, which has been attributed to the group. The strength of Mexico's drug trafficking organizations within a given region — like the Knights Templar in Michoacan or the Sinaloa Cartel in Juarez — have fed doubts over the government's ability to tackle violent crime. But it is unlikely that these organizations are following a wider policy of committing systematic attacks against the civilian population — which would enable a body like the ICC to link separate crimes like those in San Fernando and Allende, and define them as part of a common plan.
Human rights violations by Mexican state actors — including apparently isolated acts such as the execution of 22 alleged drug traffickers in Tlatlaya, and structural ones like the cases of torture denounced by Amnesty International — would also need to form part of a wider policy in order to qualify as crimes against humanity. Cases that form part of a wider pattern within the armed forces have been documented, but the level and scale of these abuses is unknown.
Currently, the ICC is looking into crimes committed in Baja California between 2006 and 2013. In that peninsular state, evidence has been found of acts similar to the "false positives" committed in Colombia. These acts consist of the government's torture, deprivation of liberty and forced disappearance of working and middle-class citizens in order to show results in the "drug war." This is very different from bad practices or negligence by the security forces.
SEE ALSO: Coverage of Human Rights
Another possible scenario that the OTP could investigate is whether — in supporting the Michoacan self-defense forces that emerged to combat the Knights Templar — the state tolerated widespread or systematic extrajudicial killings of individuals allegedly linked to cartels. Another question is how deeply authorities may be implicated in joint operations between security forces and drug traffickers — which journalist Juan Velediaz reported was the trigger for the disappearance of 43 students in Guerrero in late September.
According to the criteria described above, the OTP decided that crimes violating international law took place during Colombia's internal armed conflict, but that the country was undertaking its own investigations in this regard. The ICC prosecutors also examined crimes committed during and after Honduras' coup in June 2009, but did not find evidence of crimes against humanity.
As a signatory to the Rome Statute, Mexico can bring a case that complies with the requisites described above to the ICC. This is also true for any other state party to the agreement, and the OTP may also open a case on its own initiative. Although this is quicker and generates greater publicity than complaints brought by individuals, the OTP has not yet gone down this road. This could be for strictly legal reasons, but politics shouldn't be ruled out. An international prosecution of the "drug war" would come up against Mexico's traditional reluctance to recognize human rights abuses. The capacity to militarize security, meanwhile, is a manifestation of sovereignty that no government wants to lose.
*Jesus Perez Caballero has a Ph.D. in International Security from the Instituto Universitario General Gutierrez Mellado (Madrid, Spain) and works as an independent investigator on organized crime, drug trafficking and criminal law in Latin America.
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NFL Preview
Which NFL Teams Will Be the Hardest to Recognize in 2017?
Most teams teams tweak things to get better. These ones blew everything up.
By Danny Kelly Sep 4, 2017, 8:31am EDT
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Getty Images/Ringer illustration
Because of free agency, the salary cap, the draft, and constant turnover in the coaching ranks, no NFL team looks exactly the same from year-to-year. But, while offseason tweaks and adjustments are commonplace, when the regular season kicks off in earnest this week, it will feature a handful of squads that will be almost unrecognizable from last year. Whether it be because of front-office shake-ups, new coaching staffs, new schemes, new players, or new identities, these are the seven teams that will look the most different in 2017.
Over the past few months, the Jets made a series of major payroll cuts with a focus on rebuilding from the ground up. Cornerback Darrelle Revis, safeties Calvin Pryor and Marcus Gilchrist, receivers Brandon Marshall and Eric Decker, center Nick Mangold, linebacker David Harris, and quarterback Ryan Fitzpatrick are all gone from last year's roster, and will be replaced by guys like Morris Claiborne, Marcus Maye, Jamal Adams, [squints to read roster] Robby Anderson, Charone Peake, Wesley Johnson, Demario Davis, and Josh McCown. Even special teams will look different, with long-time kicker Nick Folk being replaced by former Cardinal Chandler Catanzaro. Plus, the Jets already dumped one household name on the roster: Sheldon Richardson.
Meanwhile, offensive coordinator Chan Gailey, who was the only play-caller in the NFL to all but ignore the tight end position, has been replaced by John Morton—and if there's anything we can take away from that, maybe we can assume it means the Jets will get more than 18 catches out of that position group in 2017.
The Bills completely overhauled the front office and coaching staff this offseason. General manager Doug Whaley is out, former Panthers assistant GM Brandon Beane is in. Interim head coach and offensive coordinator Anthony Lynn has left to coach the Chargers, and former Panthers defensive coordinator Sean McDermott takes his place (along with Rick Dennison as the new offensive coordinator). Defensive coordinator Dennis Thurman is gone, and Leslie Frazier has arrived. Big culture and scheme changes are forthcoming, posthaste.
McDermott brings to Buffalo a 4-3 scheme similar to what he ran in Carolina, a big departure from Rex Ryan's blitz-heavy 3-4 system. The McDermott defense is more conservative, and eschews exotic blitz looks in favor of simplicity and discipline. Instead of two-gap principles up front, it employs an attacking, one-gap defensive line. Instead of man-heavy coverages in the backend, it utilizes a zone-heavy cover-3. And, at the linebacker level, instead of heavy-footed run-pluggers, McDermott prefers athletes who can run sideline to sideline—think Luke Kuechly, Thomas Davis, and Shaq Thompson. It's no surprise then that Buffalo sent 2016 second-round pick Reggie Ragland, a more prototypical 3-4 inside linebacker, to the Chiefs last week in exchange for a 2019 fourth-round pick.
Not only is the scheme and style of its defense changing, but Buffalo's secondary features an array of new faces, including probable starting cornerbacks E.J. Gaines (acquired in a trade with the Rams) and Tre'Davious White (the draft); safeties Micah Hyde and Jordan Poyer (both free agency); bolstered by backup defensive backs Trae Elston (waivers) and Leonard Johnson and Shareece Wright (both free agency). And while the Bills return plenty of starters to their front seven, it's going to look pretty different in the way that they line up, rush the passer, and drop back into coverage.
The passing game is bound to look almost entirely different under Dennison as well. Quarterback Tyrod Taylor returns (pending clearance from a concussion), but he'll be throwing to a completely new receiver corps: Sammy Watkins, Robert Woods, Marquise Goodwin, and Justin Hunter are gone, and they've been replaced by rookie Zay Jones (acquired in the draft), Jordan Matthews (trade), and Andre Holmes (free agency).
Buffalo's not in the middle of a total rebuild in the mold of the Jets—there's still plenty of talent on the roster—but we'll have to wait until the games start to see how that talent will match new schemes.
The Bears didn't make any major changes to their front office or coaching staff over the offseason, but went to work in free agency and the draft to overhaul the player personnel on both sides of the ball. Offensively, Chicago heads into 2017 with a new quarterback (whether it's Mike Glennon or Mitchell Trubisky) and a whole new set of receivers: Alshon Jeffrey's gone, Cameron Meredith's out for the year with an ACL tear, and that leaves them with a trio of free agent pass catchers, Markus Wheaton, Kendall Wright, and tight end Dion Sims. It's still a mystery as to which guy will emerge as the passing game's top target. Then there's third-year pro Kevin White, the Bears' first-round pick from 2015, who will hopefully become a big part of passing game as well after two years derailed by injury.
Defensively, the Bears overhauled the secondary, adding three probable starters in cornerbacks Prince Amukamara and Marcus Cooper and safety Quintin Demps, and acquired some depth up front by signing defensive end Jaye Howard and defensive tackle John Jenkins. They should get a few guys that missed major time last year to injury as well, including outside linebacker Pernell McPhee, linebacker Danny Trevathan, and defensive tackle Eddie Goldman—plus Chicago should get a full season from linebacker Jerrell Freeman, who missed Weeks 12 through 15 due to a PED suspension. Put it all together and this Bears defense has the potential to look pretty unfamiliar compared with last year (read: good).
The Rams head into 2017 with a new head coach (Sean McVay), a pair of new coordinators (Matt LaFleur and Wade Phillips), and, almost certainly, a brand new identity. There ought to be more energy in the building too, as the ebullient 31-year-old McVay attempts to shock some life back into a franchise that's won fewer than eight games a season for 10 consecutive years.
Los Angeles will make the change from Gregg Williams's aggressive 4-3 scheme to Phillips's hybrid 3-4. It's not a total overhaul—Williams has always done a great job of adapting his scheme to fit its players—but it could mean the Rams' defensive fixtures find themselves in slightly different roles. It's going to be fun to see Phillips push Aaron Donald out a bit to line up across from offensive tackles at the 5-technique spot (assuming he ends his holdout), set Michael Brockers over the center at nose tackle, and ask Robert Quinn to stand up and rush off the edge, similar to what DeMarcus Ware did under Phillips in Denver, as McVay said recently. Another key to this scheme change will be how linebackers Mark Barron and Alec Ogletree, both former first-round picks that have moved to several different positions in their respective careers, adapt to lining up next to one another on the inside.
Offensively, expect plenty of changes, too. McVay got this job for his mastery of play-calling and understanding of how to get the most out of a young quarterback (like he did in Washington with Kirk Cousins), and the first-time head coach has his work cut out for him trying to develop Jared Goff into an NFL passer. Step one was getting his quarterback more support, so the Rams traded for Sammy Watkins, added Robert Woods and left tackle Andrew Whitworth in free agency, and spent their two highest draft picks on tight end Gerald Everett and receiver Cooper Kupp. All this new talent, combined with a totally new passing offense, and the Rams—especially Goff—may be hard to recognize in 2017. That's the hope, anyway.
The Colts will be weathering an incredible amount of turnover this season as new GM Chris Ballard looks to revive a talent-deficient roster. The changes are most dramatic on the defensive side of the ball, as that group heads into 2017 needing to replace more than a combined 5,100 snaps (almost half of its total from last year) that left in free agency. Free-agent defensive additions include linebackers John Simon, Jon Bostic, Barkevious Mingo, and Jabaal Sheard; defensive linemen Johnathan Hankins, Margus Hunt, and Al Woods should boost Indy's front seven. Add in likely rookie contributors in cornerback Quincy Wilson and Malik Hooker, plus the fact that star corner Vontae Davis is out indefinitely with a groin injury, and this Indianapolis defense will be tough to recognize.
That's not even mentioning the lack of a real timetable for quarterback Andrew Luck's return. The Colts' franchise passer had shoulder surgery in January, and while he's resumed throwing, owner Jim Irsay has said he's not going to rush Luck back onto the field until he's 100 percent ready. Except no one really knows when that will be, and the team traded for Jacoby Brissett over the weekend. With an almost completely different defense and no Luck on the field, it's tough to guess what this Colts squad is going to look like early in the year.
The Browns are in the middle of a total rebuild, and a youth movement on both sides of the ball means we're sure to see a very different team on the field in 2017. Many of the "big name" players (by Browns standards) like Terrelle Pryor Sr., Gary Barnidge, and Joe Haden are gone, and a sizeable percentage of the players in line to significantly contribute in 2017 (Kevin Zeitler, Kenny Britt, and Jason McCourty) just arrived in town.
Cleveland's offense should feature a bevy of young talent trying to put their name on the map: receivers Corey Coleman, Kasen Williams, Sammie Coates, and Ricardo Louis, and tight ends Seth DeValve and David Njoku, among a few others. Of course, they'll all be catching passes from rookie quarterback DeShone Kizer, who not only could provide a big spark in the passing game, but could make Cleveland even more explosive on the ground with his ability to pick up yards with his legs.
Defensively, Jamie Collins Sr. and top overall pick Myles Garrett are the headliners in new defensive coordinator Gregg Williams's switch to a 4-3 scheme, but the Browns could end up giving plenty of snaps (depending on who ends up making the roster) to guys most fans won't recognize. On the defensive line, there's Trevon Coley, Larry Ogunjobi, Caleb Brantley, Emmanuel Ogbah, Nate Orchard, and Carl Nassib vying for jobs, and in the secondary, players like Briean Boddy-Calhoun, Ibraheim Campbell, Derrick Kindred, Jabrill Peppers, and Jamar Taylor will be trying to make plays. Early on, plenty of fans, especially those of us outside Cleveland, are going to have to cross reference numbers with roster lists to know exactly who's who out there.
The Niners blew things up this offseason—GM Trent Baalke has been replaced by John Lynch, head coach Chip Kelly has been replaced by Kyle Shanahan, and defensive coordinator Jim O'Neil replaced by Robert Saleh. Offensively, San Francisco's going from Kelly's spread-'em-out scheme (which saw 789 plays with three-plus receivers last year, seventh-most) to Shanahan's heavier, multi-tight-end system (the Falcons ran a league-low 453 plays with three-plus receivers). Defensively, they're going from O'Neil's 3-4 to Saleh's 4-3 system, something similar to what he learned as an assistant to Pete Carroll in Seattle and Gus Bradley in Jacksonville. Just about nothing's going to look the same.
Quarterback Brian Hoyer replaces the combination of Blaine Gabbert and Colin Kaepernick at quarterback. He'll be throwing to new receivers in Pierre Garçon, Marquise Goodwin, and Aldrick Robinson, and will be out there next to new fullback Kyle Juszczyk, new tight ends Logan Paulsen and rookie George Kittle, and will be handing off to rookie running back Matt Breida. On the other side of the ball, we'll get to see what former first-rounders Arik Armstead and DeForest Buckner look like in a different scheme than they were drafted to play in, and we'll get to see another pair of first-round defenders, Solomon Thomas and Reuben Foster, make plays in the backfield. It might not all be perfectly executed at first, but should be a lot of fun to see this defense evolve.
The 49ers, more than any other team in the NFL, look poised for a total culture change. And if Shanahan can work his magic with Hoyer, and the team's 3-4 personnel manage to adapt to well to the new 4-3, they might even be pretty good, too.
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