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    News and Articles on Prima Facie Case

    Archives: Prima Facie Case

    Charges urged over Burke deal  Oct 4, 2008
    In a report tabled in state parliament yesterday, the CCC said Director of Public Prosecutions Robert Cock had advised the commission that there was a prima facie case against Mr Stokes for allegedly disclosing commercially sensitive information to the lobbyists. A spokesman said the CCC was waiting on further advice from the DPP about another finding that Mr Stokes also acted corruptly to gain a benefit for Mr Burke, Mr Grill, Urban Pacific and himself before laying any charges. (The Australian)

    Court To Okah: You have A Case To Answer  Oct 4, 2008
    Falana, together with Wilson Ajuwa, said Sola Egbeyinka had earlier submitted that the proof of evidence did not disclose any prima facie case against the accused to warrant his standing trial before the court on the 62-count charge described in the charge list ... Reviewing the submissions of the counsel yesterday, Justice Adah concluded that a criminal case could be struck out if it did not disclose a prima facie case against the accused ... The court, he argued, should have waited for... (Guardian News, Nigeria)

    Okah suffers kidney complications  Sep 20, 2008
    At the trial session yesterday, Falana argued that the proof of evidence does not disclose prima facie case against the accused which required him to stand trial before the court on any of the 62 count charges described in the charge list ... On the issue for determination, Falana submitted whether the proof of evidence filed by the prosecution discloses a prima facie case against the accused ... " Falana said the three other documents attached to the proof of evidence pertain to alleged search... (Guardian News, Nigeria)

    NPA to Appeal Zuma Judgement  Sep 18, 2008
    Nicholson's judgment also criticised former national director of public prosecutions Bulelani Ngcuka for not charging Zuma together with his former financial adviser, Schabir Shaik, in 2003 and said the decision not to prosecute when there was a prima facie case was "bizarre". "In other words, Mr Ngcuka was saying that he had what would normally be sufficient to prosecute (Zuma) and yet he declined to so. This decision was most strange for other important reasons connected to the nature of the... (allAfrica.com)

    South Africa: NPA 'Has Duty to Prosecute Zuma'  Sep 17, 2008
    "Given the prima facie case against Zuma, there appears to be no compelling reason for the NPA not to prosecute," Zille said quoting from Nicholson's judgment that "a prosecutor has a duty to prosecute" if there was a prima facie case and if there was no compelling reason not to do so. "Any suggestions of political interference in the timing of Zuma's prosecution do not change the fact that, on the basis of Judge Hilary Squires's findings against Schabir Shaik, there is a strong prima facie case... (allAfrica.com)

    Private prosecution for JZ?  Sep 17, 2008
    Following the Pietermaritzburg High Court's judgment last Friday, the NPA had a constitutional obligation to proceed against Zuma, especially if it believed it had a prima facie case against him, she told a media briefing at Parliament on Tuesday. "It would be a miscarriage of justice if Zuma were to get off the hook due to a legal technicality. Should the NPA decline to prosecute, the DA will investigate the option of private prosecution.". (iAfrica.com)

    Student ordered to make defence  Sep 16, 2008
    Magistrate Tengku Amalin A ishah Putri Sultan Ismail Petra ruled that the prosecution had proven a prima facie case against Ahmad Nasir Daud, 27. Ahmad Nasir, from Alor Star, Kedah, had claimed trial to having committed the offence at Jalan Pasir Tumboh, around 6:30pm on Sept 20, last year. (The Star Online, Malaysia -- News)

    The Untouchables  Sep 14, 2008
    This, despite the fact that the Ghaziabad scam complies with the Veeraswami verdict's precondition - that the investigation of a judge can only be permitted when a prima facie case is made out against him. Besides Asthana's confessional statement, the police were equipped with documentary evidence in the form of vouchers and delivery receipts. (India Times, India)

    Court ruling clears Zuma to run for president  Sep 14, 2008
    "If there was a prima facie case of serious corruption against the [then] deputy president, there were, in my view, no reasons of public policy why he should not have been prosecuted simultaneously with [Mr] Shaik. Its failure to do so brought justice into disrepute.". Mr Nicholson called for a public inquiry into the arms deal "to rid our land of this cancer that is devouring the body politic". (Financial Times)

    'Respect Zuma judgement'  Sep 14, 2008
    Last Updated: 07:22am 13 Sep 2008. 3 23 SPONSORED LINKS. (iAfrica.com)

    NPA's plan to punish Zuma backfires  Sep 13, 2008
    The judge detailed the NPA's handling of the case against Zuma from 2003, when Bulelani Ngcuka, then national director of public prosecutions (NDPP), publicly announced that the state would not try Zuma for corruption despite claiming to have a prima facie case against him, to acting NPA head Mokotedi Mpshe's decision to recharge Zuma after he defeated Mbeki at Polokwane. The timing of this decision, the judge said, was "most unfortunate". (Independent Online)

    Former MTDC boss acquitted of CBT  Sep 6, 2008
    Judge S.M. Komathy Suppiah said there was no prima facie case against Datuk Anuar Md Nor, 53, who was accused of misappropriating the shares entrusted to him on Dec 16, 1999 in Desa Pandan. She said it was clear that MTDC was the beneficial owner of the shares and there was no evidence to show that the purchase of the shares was done in breach of the companys memorandum. (The Star Online, Malaysia -- News)

    US court told of Hogan's 'naked' tax claims  Aug 20, 2008
    "He has failed to carry that burden Naked arguments and bald assertions without evidence in support of such allegations are insufficient to rebut a prima facie case for summons enforcement.". Hogan's lawyers argued last week that Australian tax officials were seeking tax returns from years when the comedian was not an Australian resident and for companies he established in the US that did not do business in Australia. (Sydney Morning Herald -- Australia)

    South Africa: Criminal Justice System Near Breakdown  Aug 18, 2008
    The review showed a large proportion of the 2-million crimes reported annually are never solved, and that even if perpetrators were found, a "substantial" number of cases were withdrawn as they did not establish a prima facie case. Nearly half of crime scenes are never visited. (allAfrica.com)

    Single Anti-Gay Remark Sufficient for Hostile Workplace Claim, N.J. Court Says  Aug 15, 2008
    Calling an employee a "stupid fag" just once is ground for a prima facie case of hostile workplace discrimination based on sexual orientation, a New Jersey appeals court has ruled. The Appellate Division on Wednesday reinstated a gay man's suit against Merrill Lynch, his former employer, likening it to a 1998 state Supreme Court precedent, Taylor v. Metzger, that allowed a hostile workplace claim to be based on a single racial slur. (Law.com)

    Making the Case Against Obama  Aug 11, 2008
    There is a case against Barack Obama -- a good one -- and according to David Freddoso, its a prima facie case. Beginning with one of the most thorough examinations of the utterly corrupt Chicago political machine that gave birth to Obamas political life, Freddoso, a reporter at National Review, moves on to explore the messianic image Obama has created for himself, and which a worshipping media evangelizes. (Newsmax)

    Justices OK Juror Challenges Involving Prosecutor From Controversial Training Tape  Aug 5, 2008
    "Appellant was required to establish a prima facie case of purposeful discrimination in certain peremptory challenges made by the Commonwealth before the Commonwealth was required to provide race-neutral reasons for those challenges," Castille wrote for the majority. "Once the Commonwealth provided such reasons, the burden returned to appellant to dispute the persuasiveness of those reasons ... After deeming McMahon's explanations both race-neutral and credible, the court concluded that '[t]he... (Law.com)

    CBI seeks ministry nod to grill Chennai lab ex-director  Aug 5, 2008
    Sources in the CBI said the ledger entries, copies of which are available with TOI, suggest a prima facie case against the former director, who has been removed from the post following a Madras High Court ruling on July 18. Elankeswaran was also holding the post of the director of Pasteur Institute, Coonoor. (India Times, India -- Community News)

    Girl: Brother raped me in our parents bedroom  Jul 31, 2008
    Judge Nursinah said she found that the prosecution, which called seven witnesses, had made out a prima facie case. On hearing the court's decision the accused asked for time to discuss his next course of action with his lawyer, who is now overseas. (The Star Online, Malaysia -- News)

    Marine tycoon to enter his defence  Jul 29, 2008
    Nik Sapeia, 53, looked despondent and shook his head several times when magistrate Azman Mustapha said the prosecution had a prima facie case against him and fixed trial for Dec 15 to 19. His wife Datin Dr Suraini Yahya and their four children together with PPP president Datuk M. Kayveas, who was present for moral support, looked stunned as an air of silence descended onto the crowded room. (The Star Online, Malaysia -- News)

    Panel upholds D.A.'s policy on plea deals  Jul 29, 2008
    In the decision, the judges described a preliminary hearing as a forum in which "a defendant may call witnesses in his own behalf ... only to negate the existence of a prima facie case, and not merely for the purpose of discovering the commonwealth's case." The three judges found that the D.A.'s "policy" is constitutional. Green hailed the decision, which he said simply solidified what has been the existing law for some time. (The Delaware County Times, PA)

    Tycoon to defend charge of injuring Dr M  Jul 28, 2008
    Magistrate Azman Mustapha, in making the order, said the prosecution had made out a prima facie case against Nik Sapeia, 53, who is charged under Section 324 of the Penal Code for injuring them by spraying a substance which posed a danger to the body when inhaled. Azman set Dec 15 to 19 for the hearing. (The Star Online, Malaysia)

    Nigeria: Anti-Graft Group Receives Report on Power Sector  Jul 23, 2008
    "I have to do a meticulous job and be certain that I have a prima facie case before I take anyone to court."Majority of Nigerians, especially the less educated ones, want to see every day on television where big men are taken in leg chains and handcuffs but I am being proactive. "I am doing the preventive and I am setting strategies in place so that I will prevent this,'' she said, adding that treating suspects in such a manner would not add anything to the common man."If I prevent the looting,... (allAfrica.com)

    Nigeria: Ribadu Denies Ownership of Dubai Mansion  Jul 23, 2008
    An order compelling the Inspector-General of Police to conduct an investigation into the allegation of corruption preferred against Ribadu with a view to arresting and or prosecuting him where the allegation discloses a prima facie case of corruption. In a 15 paragraph affidavit accompanying the writ, the two lawyers said that they are citizens of Nigeria tax-payers and registered voters with civil obligation to join in the fight to eradicate corruption in the country. (allAfrica.com)

    Jurers 'can't be trusted' on Ferguson  Jul 22, 2008
    Both parties also touched briefly on the strength of the crown case, with Mr Moynihan arguing Ferguson should stand trial as two judges had already ruled there was a prima facie case. However, Mr Callaghan described the crown case as "bald to the point of embarrassment". (Melbourne Herald Sun)

    Unions accuse Telstra of dirty tricks  Jul 21, 2008
    " The documents also showed Telstra management knew it was operating on slippery ground and provided managers with tips on how to avoid allegations of coercion or duress during the drive to increase AWAs, Mr Lawrence said. The Workplace Ombudsman last week cleared Telstra of forcing employees to sign industrial agreements. But the report, released on Friday, found a prima facie case against a Telstra manager who allegedly sought to illegitimately influence three employees to accept AWAs. Telstra... (The Age)

    N.Y. Court Defines Test for Obtaining Identities Behind Online Posts  Jul 13, 2008
    Westchester County Court Judge Rory J. Bellantoni held that after Richard Ottinger and his wife notified the online contributors of their right to intervene anonymously and stated a prima facie case of defamation against the fictitiously named defendants, the couple had sufficiently satisfied the standard necessary to pierce the free speech rights of the writers who allegedly posted false comments about the Ottingers on a Web site operated by The Journal News. The posts appeared under the names... (Law.com)

    Nuttall's co-accused to stand trial  Jul 7, 2008
    Former WorkCover Queensland director and mine co-owner Harold Shand was due to face a committal hearing alongside Nuttall on Monday but his barrister Tony Glynn told Brisbane Magistrates Court there was a prima facie case against his client. Shand is accused of making a corrupt $60,000 payment in April 2002 to the then industrial relations minister Gordon Nuttall. (The Age)

    South Africa: Top Judges Join Battle  Jul 6, 2008
    The Judicial Service Commission was to meet behind closed doors on Saturday, and was to decide "purely on the papers", whether the justices or Judge Hlophe have made out a prima facie case of gross misconduct triggering an impeachment inquiry. Given that Judge Hlophe could well become the first judge to face removal from office, he pulled no punches in his written response to the Constitutional Court. (allAfrica.com)

    No media for Hlophe meet  Jul 4, 2008
    The agenda set out would determine which commissioners would officiate in all or any of the further stages of the complaints procedure and whether the Constitutional Court judges and Hlophe had, respectively and judged purely on the papers at this stage, made out a prima facie case of gross misconduct within the meaning of Section 177 (1)(a) of the constitution. " [and...if either party has done so, whether such complaint(s) should be the subject of a formal hearing by the Commission in due... (iAfrica.com)

    End of a chapter in Malaysias corporate history  Jun 25, 2008
    4mil without calling for his defence, ruling the prosecution had failed to establish a prima facie case against the tycoon. But his acquittal was bittersweet. (The Star Online, Malaysia)

    Perwaja's Eric Chia dies  Jun 24, 2008
    The judge ruled the prosecution had failed to establish a prima facie case against Chia. The prosecution has against the decision. (The Star Online, Malaysia -- News)

    Zuma trial invalid?  Jun 24, 2008
    In August 2003, then National Director of Public Prosecutions Bulelani Ngcuka said while there was a prima facie case of corruption against Zuma, the NPA had decided not to prosecute him because it was not sure that its prospects of success were strong enough to win the case. Alternatively, Zuma would argue that the failure to invite representations from him prior to December 2007 was unlawful, unreasonable or procedurally unfair within the parameters of Section 33 of the Constitution. (iAfrica.com)

    Survival of the fittest  Jun 20, 2008
    Therein lies the prima facie case of plagiarism. There is circumstantial evidence that Darwin knew he had wronged Wallace and felt guilty about his actions. (International Herald Tribune -- Ed/Op)

    Rajrishi Singhal: Ministering allies  Jun 16, 2008
    There, therefore, does exist a prima facie case for a fisheries ministry in the state, even though that might sound a bit bizarre. The second interesting bit is how one Nishad replaced another Nishad, ostensibly to keep voters from that particular caste happy. (India Times)

    Drama over Ennin's Murder Trial  Jun 16, 2008
    After a prima facie case had been established against them, the docket vas dispatched to the AG's Department for advice. Source:Daily Graphic. (Ghana Web, Ghana)

    Wema Bank MD, Omoyemi, Committed No Forgery, Say Police  Jun 14, 2008
    "To sustain a prima facie case of conspiracy, forgery and stealing, the roles, actions and motive of suspects must be in tandem. It is not the case in the present circumstances as it concerns the involvement of Omoyeni who ultimately was not found wanting to have diverted the amount for any questionable or illegitimate purpose other than for which it was officially meant.". With the development, the Central Bank of Nigeria (CBN) governor, Prof. (Guardian News, Nigeria)

    Divided 2nd Circuit Denies Hearing by Full Court in Bias Case  Jun 13, 2008
    He said a line of cases including Hayden v. County of Nassau, 180 F. 3d 42 (2d Cir, 1999) "clearly establish for the circuit that a public employer, faced with a prima facie case of disparate-impact liability under Title VII, does not violate Title VII or the Equal Protection Clause by taking facially neutral, albeit race-conscious, actions to avoid liability.". He said Cabranes' dissent was "entirely mistaken" in suggesting that the plaintiff firefighters "produced evidence of a racial... (Law.com)

    Rwanda: Four Army Officers Arrested Over Genocide  Jun 12, 2008
    In his report to the UN Security Council last week, the Prosecutor of the ICTR, Hassan Bubucar Jallow, revealed that: "Rwanda has collaborated with us in this process as requested by the Council in its Resolution 1503 (2003). We have together been able to establish a prima facie case that on 5th June 1994 RPF soldiers killed some thirteen clergymen, including five Bishops and two other civilians at the Kabgayi Parish in Gitarama. Some of the perpetrators of this crime are reported to have died... (allAfrica.com)

    Asking for Coffee Not Grounds for Sex Harassment Suit  Jun 11, 2008
    Schiller found that plaintiff Tamara Klopfenstein failed to allege even a prima facie case of sex discrimination because she cannot show that she was treated differently from any "similarly situated" male employees since there was only one receptionist in the office and the job had always been held by a woman. Plaintiffs attorneys Timothy M. Kolman and Rufus A. Jennings of Timothy M. Kolman & Associates in Langhorne, Pa. (Law.com)

    Will Hlophe get leave?  Jun 8, 2008
    It will meet again in a month to decide whether there is a prima facie case against Hlophe. Sapa Digg | | | | | | Copyright 2002-2008 iafrica. (iAfrica.com)

    Prosecution establishes case against Yeo  Jun 7, 2008
    High Court judge Datuk Sulaiman Daud said the prosecution had established a prima facie case against Yeo Jau Lih, 24, who allegedly committed the offence in front of in the Oakland commercial square, Seremban 2, between 12. 30am and 6. (The Star Online, Malaysia -- News)

    Nigeria: N10 Million Spent On Ghana Retreat - Iyabo Obasanjo  Jun 6, 2008
    Opposing the application brought by the former Minister of Health, Adenike Grange, Gabriel Aduku, Obasanjo-Bello and nine others which are seeking to quash the charges, the EFCC prayed the court to dismiss the applications and hold that there was a prima facie case against the accused/applicants. Obasanjo-Bello who was mentioned in the charge as the 12th accused had, through her counsel, Bankole Joel Akomolafe, asked the court that contrary to paragraph 4 of the complainant's affidavit, the... (allAfrica.com)

    Ex-waiter told to enter defence on murder charge  Jun 6, 2008
    High Court judge Datuk Sulaiman Daud said Friday that the prosecution had established a prima facie case against Yeo Jau Lih, 24, who allegedly committed the offence in front of shop No. 31, Jalan Haruan 5/2 in the Oakland commercial square, Seremban 2, between 12. 30am and 6. (The Star Online, Malaysia -- News)

    Oil price crash not imminent despite bubble: Soros  Jun 4, 2008
    Soros said there was "a strong prima facie case against institutional investors pursuing a commodity index buying strategy," which is "intellectually unsound, potentially destabilizing and distinctly harmful in its economic consequences.". Raising margin requirements would have no effect on commodity index buying because they use cash to finance their trading, Soros said. (Reuters)

    3rd Circuit: Woman Cannot Be Fired for Having Abortion  Jun 3, 2008
    The 3rd Circuit disagreed, saying Cohill's analysis of whether Doe had established a prima facie case of discrimination was flawed because he had failed to "acknowledge the 'uniqueness' of pregnancy discrimination cases and instead, incorrectly treated Doe's claims as if they were an ordinary case of gender discrimination." ... "Comparing Doe to other non-pregnant workers who were temporarily disabled, we conclude that Doe has provided sufficient evidence to satisfy the ... prima facie case,"... (Law.com)

    MMS case: HC offers partial relief to website's ex-MD  May 30, 2008
    "As far as Bajaj is concerned, since the IPC does not recognise the concept of an automatic criminal liability attaching to the Director where the company is an accused not even a prima facie case for offence under sections 292 and 294 is made out..," Justice Muralidhar observed in a judgement and vacated the interim stay on the proceedings. The court rejected the submission made by the prosecution that Bajaj was responsible for the illegal display of the clip both in official as well as in his... (Economic Times)

    George Monbiot calls for citizen's arrest of John Bolton  May 25, 2008
    Speaking at a session to discuss the book Defeat: How They Lost in Iraq, with its author Jonathan Steele and former UN senior official Shashi Tharoor, Monbiot attacked the way Bolton and others had been "rehabilitated" after playing a role in the war which he characterised as "clearly a prima facie case of criminality". Bolton, who was the US administration's undersecretary of state for arms control in the lead up to the iraq war, is due to appear with Nik Gowing at the literary festival, which... (Guardian Unlimited -- Books)

    Ex-mosaic layer sent to mental asylum  May 24, 2008
    The court earlier ruled that the prosecution had made out a prima facie case against Kor Mee and ordered him to enter his defence. In his submission, defence counsel Dexter Mah Kok Leong told the court that expert witnesses for the prosecution and defence had confirmed Kor Mee to be suffering from paranoid schizophrenia. (The Star Online, Malaysia -- News)

    Couple escapes gallows  May 23, 2008
    Judicial Commissioner Ridwan Ibrahim, in acquitting and discharging Mohd Sanusi Shafie and his wife Mastura Dalilah Mohd Ali on Friday, said the prosecution had failed to prove a prima facie case against the couple. Factory worker Mohd Sanusi, 32, was accused of trafficking 197. (The Star Online, Malaysia -- News)

    Burma's next wave of dying  May 21, 2008
    Such conduct presents a prima facie case of crimes against humanity, under the category of so-called "other inhumane acts" intentionally causing great suffering or death. So far, Burma's allies on the Security Council, including China, Russia, and South Africa, have protected the junta from a robust international response. (Boston Globe)

    LETTERS: NCT, May 16, 2008  May 17, 2008
    Consider the words of the esteemed former chief prosecutor in the Nuremburg trials, Benjamin Ferencz, regarding Dubya's war of aggression against Iraq: QUOTE: "...Prima facie case can be made that the United States is guilty of the supreme crime against humanity, that being an illegal war of aggression against a sovereign nation.". American Traitor in ISRAEL wrote on May 16, 2008 8:40 PM:= GW Bush stood before the Knesset and had the chutzpah to accuse Senator Obama of appeasement, drawing... (North County Times)

    Criminal inaction a call to arms  May 16, 2008
    But when a government default is as grave as the course on which the Burmese generals seem set, there is at least a prima facie case to answer for their intransigence being a crime against humanity - of a kind which would attract the responsibility to protect principle. And that bears thinking about, fast, both by the Security Council, and the generals. (Sydney Morning Herald -- Opinion)

    The Lens: How Akufo-Addo worsened Ghana's drug problem  May 16, 2008
    General News of Friday, 16 May 2008. General News of Friday, 16 May 2008. (Ghana Web, Ghana)

    Nigeria: Senate Hands Off Iyabo  May 14, 2008
    She is also seeking an order of the court quashing the two-count charge against her, saying that the charges disclosed no prima facie case against her. AllAfrica aggregates and indexes content from over , plus more than , who are responsible for their own reporting and views. (allAfrica.com)

    Six men and two 16yr old boys, charged with kidnapping  May 13, 2008
    However, defence counsel GSP Ravindran, who was representing Gunachandran, requested for bail, as the prosecution did not provide any proof for a prima facie case. "Under Section 388 of the Penal Code, bail can be granted even if the offence carries capital punishment," he said. (The Star Online, Malaysia -- News)

    No clean chit for Raj: Patil  May 8, 2008
    He denied saying that there was no prima facie case against Mr. Thackeray. Printer friendly Send this article to Friends by. (Hindu)

    Nigeria: Senator Refuses to Submit to Crimes Commission  Apr 22, 2008
    "The law is that a person shall not be charged to court until a prima facie case has been established."Contrary to the representation to the public, Senator Iyabo Obasanjo-Bello had on two previous occasions honoured invitation by EFCC where she wrote comprehensive statements on the facts of this case. It is upon this among others that the EFCC wrote its Investigation Report before charging the matter to court. (allAfrica.com)

    Obasanjo-Bello petitions Justice Minister over EFCC  Apr 22, 2008
    " Addressing reporters, Akomolafe described EFCC's action against Obasanjo-Bello as "malicious and selectively vindictive" as he observed that there were 11 members of the committee who travelled to Ghana on the said N10 million for the same retreat but none of them was being harassed. He argued further that the embattled senator had no case to answer on the premises that "the charge against her was defective, due process of law was not followed, no prima facie case was placed before the court... (Guardian News, Nigeria)

    Letters to the Editor (April 16)  Apr 18, 2008
    Arielifan wrote on Apr 16, 2008 4:26 PM:" Colin Powell is possibly a good example, but Condi Rice? It has recently come out that she helped orchestrate torture policy. She certainly contributed if not actively abetted the Iraq disaster. She dropped the ball on the warnings that 9/11 was going to occur. A prosecuter of the Nuremberg Trials said he could make a prima facie case for her as a war criminal. She is not a good example. ". Scott Burress wrote on Apr 16, 2008 4:30 PM:" My bet is... (Corvallis Gazette Times, OR)

    Contempt citation misplaced, ex-RCMP officer says  Apr 12, 2008
    Based upon the unanimous report of the committee, I would ask that you find that a prima facie case of contempt has been established ... I understand that the report that he has tabled on this matter from the Standing Committee on Public Accounts was a unanimous report of the committee and accordingly I am prepared to find there is a prima facie case of privilege and will allow him to move a motion. (Globe and Mail)

    A/Court Sacks Sokoto Gov, Speaker Takes Over  Apr 12, 2008
    He averred that although it was a prima facie case that Wammako left the All Nigeria Peoples Party (ANPP) for the party, his letter of membership was submitted to the PDP seven days after his nomination by the (PDP), an action which, he said was contrary to Section 38 of the 2006 Electoral Act. The judge also said in that a waiver applied for by Wammako to the PDP was given 15 days after the party notified the Independent National Electoral Commission (INEC) that the respondent was its candidate... (Guardian News, Nigeria)

    Tobacco Companies Win Upset of Damages Award  Apr 11, 2008
    "Since as their counsel admitted at trial, plaintiffs offered no evidence of consumer acceptability of light cigarettes -- which was the only way to prove that light cigarettes were a feasible alternative design -- plaintiffs failed to make out a prima facie case of negligent design," Friedman concluded. Justices Peter Tom and Bernard J. Malone Jr. joined the majority. (Law.com)

    Tories to scrap school exclusion appeals  Apr 8, 2008
    Teachers should not be suspended unless there was a clear prima facie case for disciplinary action or criminal charges. If proceedings or charges have been brought within a month, the case will be automatically dropped. (Guardian Unlimited -- Politics)

    Olympic torch symbol of oppression to Tibetans  Apr 7, 2008
    Since then, hundreds of thousands of people have died in Tibet, according to a report by the International Commission of Jurists in Geneva, which described a "prima facie case of genocide.". This weekend, Tibetans from all over North America are flocking to the Bay Area to celebrate the Tibetan Freedom Torch on Tuesday and protest the Olympic Torch Relay on Wednesday in San Francisco. (San Francisco Chronicle)

    Failure to provide vet care for sick cat  Apr 4, 2008
    Classification: Neglect / Abandonment. Incident Date: Wednesday, Jan 17, 2007County: New York. (Pet-Abuse.com)

    2nd Circuit Allows Bias Claim of White Man With Black Wife  Apr 2, 2008
    While Holcomb had laid out a prima facie case for discrimination, Calabresi said, the college had offered a race-neutral explanation for its actions, including an evaluation of O'Driscoll that said he was the only one performing at an acceptable level ... With the college offering a nondiscriminatory explanation, he said, Holcomb "may no longer rely on the presumption of discrimination raised by the prima facie case," and the case must be returned to the lower court for a jury to determine... (Law.com)

    Appeals court tosses Abu Jamal death term  Mar 29, 2008
    "We believe there was a prima facie case of racism in the jury selection," Bryan said. His claim was bolstered by recent U.S. Supreme Court decisions that overturned death sentences in Texas and Louisiana in which an all-white jury convicted a black defendant. (San Francisco Chronicle)

    Mumia Abu-Jamal's Death Sentence Overturned, but Conviction Upheld  Mar 28, 2008
    "I fear today that we weaken the effect of Batson by imposing a contemporaneous objection requirement where none was previously present in our court's jurisprudence and by raising the low bar for a prima facie case of discrimination in jury selection to a height unattainable if enough time has passed such that original jury records are not available," Ambro wrote. Abu-Jamal's lead attorney said he was glad the court did not reinstate the death sentence, but he wants the full court to rehear the... (Law.com)

    New chance for death row campaigner  Mar 28, 2008
    "This inference requires courts to look further. To move past the prima facie case is not to throw open the jailhouse doors and overturn Abu-Jamal's conviction," he added. "It is merely to take the next step in deciding whether race was impermissibly considered during jury selection in his case. "No matter how guilty one may be, he or she is entitled to a fair and impartial trial by a jury of his or her peers," he added. Abu-Jamal's lawyer, Robert Bryan, said ahead of an earlier appeals hearing... (iAfrica.com)

    Owner Charged With Cruelty for Failing to Treat Cat's Ailments  Mar 22, 2008
    A cat owner who did not seek treatment for his pet's serious ailments during the cat's last year of life can be charged with animal cruelty, a Manhattan judge has ruled. Allegations that the defendant left a "swollen and bleeding" paw and other conditions untreated "sufficiently demonstrate that the animal was subjected to unjustifiable physical pain," Criminal Court Judge ShawnDya L. Simpson wrote in People v. Walsh, 2007NY022001. (Law.com)

    Nigeria: Fraud Unit Investigates American Embassy  Mar 9, 2008
    Already, a man and his wife and eight others are presently cooling their heels in the Unit's custody and may be prosecuted if a prima facie case is established against them. Speaking with Crime Guard at the Milverton office of the unit, the Police Commissioner said that the SFU was poised to cleanse the entire country of corruption and fraudulent practices. (allAfrica.com)

    Ethics probe into Mulroney affair expected to end  Feb 28, 2008
    "Mr. Schreiber having completely failed to establish even a prima facie case of wrongdoing on Mr. Mulroney's part, despite five appearances before the Ethics Committee and the thousands of pages of documents he filed, is it really in the public interest to appoint a costly public Commission of inquiry in order to give Mr. Schreiber yet another chance to extend his stay in Canada?," Pratte wrote. "The only reasonable and fair answer to that question is 'No.'". (CTV.ca)

    Faith and Values letters -- 2/22/2008  Feb 24, 2008
    My feeling is that the intrinsic characteristics of nature are so conducive to construction as to provide a prima facie case for a teleological dimension. In other words, this is a process that has been engaged in upward construction for which we could have had no expectation. (North County Times)

    Mann Loses Appeal  Feb 2, 2008
    Justice Makarau, in her ruling, said the government of Equatorial Guinea established a prima facie case against Mann strong enough to warrant his extradition for trial ... Justice Patel said he fully agreed with the Judge President that the government of Equatorial Guinea had established the requisite prima facie case against Mann in terms of the Extradition Act. (allAfrica.com)

    Prime suspectsWhat ever happened to the last of the Securitas robbers?  Jan 29, 2008
    ----------------- ----------------- RELATED BBC SITES. Last Updated: Monday, 28 January 2008, 14:00 GMT. (BBC News -- UK)

    Zambia: Convict Chiluba, Government Urges Court  Jan 21, 2008
    Mr Nchito submitted that the evidence before the court afforded a prima facie case and that the State proposed that with the evidence in court, any reasonable tribunal might safely convict. He said the State had demonstrated that all the elements of the offence of theft were present and submitted that the prosecution evidence remained undaunted after cross-examination by the defence. (allAfrica.com)

    Fresh trouble for Ansal brothers, Police file new chargesheet  Jan 19, 2008
    The Hindu News Update Service. The HinduPrint Edition. (Hindu)

    EXCLUSIVE: U.N. Ignores Its Own Procurement Ban  Jan 15, 2008
    In August 2007, the United Nations Ethics Commissioner Robert Benson whose office was established in the wake of the same procurement scandals that led to Corimec s suspension asked UNDP to allow him to investigate a "prima facie case of retaliation" against a UNDP whistleblower, Artjon Shkurtaj, who had called attention to irregularities in the organizations funneling hard currency to the North Korean regime of Kim Jong-Il, and the use of Korean government employees as UNDP staff in sensitive... (Fox News)

    Soldier told to enter defence in rape case  Jan 14, 2008
    Judge Mohd Nasir Nordin ruled that the prosecution had proven a prima facie case against accused Shahrul Izam Ibrahim. Shahrul, 34, was said to have raped the 15-year-old girl at Wellvest International Youth Hostel in Jalan Merpati off Jalan Raja Laut between 2pm and 5pm on Sept 17. (The Star Online, Malaysia)

    Selebi quits Interpol  Jan 14, 2008
    In court papers filed at the Pretoria High Court on Friday, where Selebi tried unsuccessfully to quash the looming charges, acting national director of public prosecutions Mokotedi Mpshe said the charges against him were based on "a strong prima facie case supported by the testimony of a range of witnesses and corroborated by real evidence". Mpshe said the payments by Agliotti took place in 2004 and 2005 when Selebi was already head of Interpol. (iAfrica.com)

    South Africa:Prosecutors to Charge National Police Chief  Jan 13, 2008
    After reading the verdict of a panel set up to review the Selebi case, acting Judge Nico Coetzee said it appeared the elite crime-fighting unit had a prima facie case ... "The charges against him are based on a strong prima facie case supported by the testimony of a range of witnesses and corroborated by real evidence.". (allAfrica.com)

    Police chief Selebi to be charged with corruption  Jan 12, 2008
    "The charges against him are based on a strong prima facie case supported by the testimony of a range of witnesses and corroborated by real evidence," he said. The charges allege that Selebi accepted at least R1. (Guardian Unlimited)

    Appeals Court orders retrial of murder case  Jan 10, 2008
    Justice Ghazali said there was a prima facie case against Omar and the Court of Appeal had the power to order a retrial. We see a lot of grievous errors and misdirection committed not by the prosecution or defence counsel. (The Star Online, Malaysia -- News)

    South Africa: Call for Zuma Charges to Be Dropped  Dec 31, 2007
    Cosatu spokesman Patrick Craven said yesterday: "It does not matter who the judge is, we do not believe the judiciary will be able to be objective. The trial against Zuma is a politically motivated exercise ... and he has been subjected to trial by public opinion for the past seven years."We have been convinced for some time that he will not get a fair trial, after (then National Prosecuting Authority head Bulelani) Ngcuka announced to the media that the National Prosecuting Authority (NPA) had... (allAfrica.com)

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