One year on: IFALPA’s representative to ICAO, pilot and lawyer on ongoing prosecution of Garuda Indonesia Flight 200 pilot

Wednesday, March 12, 2008

Almost exactly one year ago, on March 7, Garuda Indonesia Flight 200 crashed during landing at Adisucipto International Airport, near Yogyakarta, after a scheduled domestic Indonesian passenger flight. 21 people – 16 Indonesians and five Australians – were killed when the Boeing 737-400 overshot the runway, crossed a road, struck an embankment and burst into flames in a rice paddy. Overall, the plane had traveled 252m beyond the extreme end of the runway.

The final report, released in October, blamed pilot error for the disaster. The report stated that the aircraft had approached at a speed far exceeding that at which the wing flaps could properly operate, and attempted to execute a landing at 408 kph (254 mph), which is 160 kph (100 mph) above the safe speed. It also found that captain Marwoto Komar had ignored fifteen activations of the Ground Proximity Warning System (GPWS) informing Mr Komar that the aircraft was flying at a speed beyond that at which it could safely land, but he failed to abort.

It also commented that he missed one further opportunity for emergency evasive action when the airliner struck the runway and bounced into the air, at which point co-pilot Gagam Rochmana requested a ‘go-around‘ procedure be initiated, but was also ignored. It further criticised Mr Komar for singing during final approach, a direct violation of the Garuda Basic Operations Manual, which calls for activation of the Sterile Cockpit Rule at 10,000 feet and below.

Mr Rochmana was also criticised for his failure to take control away from Mr Komar when it became apparent that the aircraft was being operated in an unsafe manner. However, the report did note that Garuda Indonesia had failed to give him any simulator training replicating a situation whereby the co-pilot would take over control duties from the pilot in charge due to unsafe handling of the plane; in fact, training was found to be inadequate for both members of the cockpit crew.

Further criticisms were also leveled at airport and governmental authorities for failures in their respective roles to provide safety features and to enforce regulations.

However, the Indonesian authorities have recently generated intense controversy by deciding to prosecute Mr Komar for his role in the disaster. The move has been pushed for by some, but met with opposition by others.

Alexander Downer, Australian foreign minister at the time of the crash, immediately said “…I am very glad that they have reached a point now where they have charged the captain of the aircraft.” The unusually high number of Australians amongst the 140 passengers on board was attributable to a visit by Mr Downer.

One of those was Morgan Mellish of the Australian Financial Review, who died in the crash. His sister, Caroline Mellish, had specifically called for prosecution to be avoided, saying “I think having 21 deaths on your conscience is probably enough. I don’t think prosecuting the man is going to make any difference.”

There were fierce calls for prosecution of both pilots immediately after the report’s release, with Downer himself pressuring the Indonesian authorities, citing the “very credible report” and saying “I’ve asked our ambassador today (October 24) to make it absolutely clear to the Indonesians that we want people prosecuted for this accident. I want to see people who have negligently allowed Australians … to be killed, I want to see those people brought to justice.”

Australian Opposition Leader Kevin Rudd also made clear a desire for prosecutions, saying he had telephoned secretary-general of Indonesia’s foreign affairs department and former ambassador to Australia Imron Cotan, telling him that he wanted those responsible “prosecuted to the absolute full”. “This is a serious matter, many Australians visit Indonesia, Garuda is an often used airline and there is a basic national interest at stake here as well,” he said.

National Transport Safety Committee chairman Tatang Kurniadi said at the time that no information from the report could be used in any criminal or civil liability investigations. “I would like to go back to the objective of this, the report was made by NTSC for safety purposes only, not for blaming, he said. “If any institution wants to … follow up that accident, that’s their own decision. The report contained the results from the cockpit voice recorder and flight data recorder, but according to international regulations on aviation these black boxes are not allowed to be used for… liability purposes. We will not give police or any institution (information) other than for safety purposes only – it’s in international regulations and we want to follow those regulations.” He also confirmed that investigators cannot speak to the police, with the only permitted testimony under the legislation being to testify at a court hearing, and pointed out that the document does not actually appoint any blame.

The international legislation he was referring to is probably the Convention on International Civil Aviation, which stipulates that accident reports and related material, specifically transcripts of interviews, communications with crew and cockpit voice recorder and flight data recorder (collectively known as black boxes) readouts, must not be used for any purpose other than determining the cause of an accident or incident. The only possible exception to this is where potential benefit would outweigh the “adverse domestic and international impact” on the investigation in question or any other either in progress or in the future. This legislation is in place to provide protection to witnesses on the basis that without it they may be less likely to cooperate with investigational procedures.

The law caused was actively opposed by some. Aridono Sukman, the police member in charge of the criminal investigation, said that the contents of the black box were vital evidence. Officials commented that some relatives had expressed their frustration over the legal challenges involved in the prosecution effort.

Early in February Mr Komar was arrested; he has subsequently been charged with manslaughter charges which carry a maximum sentence of five years’ imprisonment. The London-based International Federation of Air Line Pilots Associations (IFALPA) issued a press release condemning this move, saying that further investigations are needed into the crash, and that criminal proceedings could prevent an accurate version of events from ever being known. Specifically, the release said that “IFALPA believes that the circumstances of the accident as set forth in the final report of the Indonesian investigation authority leaves many serious questions concerning the crew actions prior to the accident. Central to these concerns are the underlying reasons for the reported behavior of Captain Marwoto Komar. Experienced pilots have considerable difficulty in attempting to explain what is reported in the context of normal airline operations. The Federation believes that the explanations proffered by the report do not square with the collective experience of our members.” The release went on to state the opinion that prosecution may bring total foreclosure to the case and could only be counterproductive. It also said “He remains a professional who was involved in an unfortunate tragedy.”

One possible explanation had previously been suggested by the head of the Garuda pilots association, Stephanus Geraldus. He said that marital problems between Mr Komar and his wife Norma Andriani were “common knowledge” and was backed up by an industry analyst and pilot who said he believed the couple had been arguing late into the night, and expressed concern that the report had not addressed psychological issues. Mr Geraldus also said sleep deprivation could have contributed, with the flight crew reporting for duty at 4:30 am and the flight departing an hour and a half later.

The report had hinted at problems, saying The pilot was probably emotionally aroused because his conscious awareness moved from the relaxed mode “singing” to the heightened stressfulness of the desire to reach the runway by making an excessively steep and fast, unstabilised approach,” and “His attention was fixated or channelised on landing the aircraft on the runway and he either did not hear, or disregarded the GPWS alerts, and warnings, and calls from the copilot to go around.” It is also known that Mr Komar had been under police surveillance, during which time he was receiving psychological treatment.

The Indonesian Pilot’s Association has also said that the criminal prosecution should be avoided, arguing that the only people who can judge whether mistakes were made in aviation are those professionally involved and not the police. There were protests in Jakarta demanding his release and dozens of pilots across the nation also campaigned. Meanwhile, two survivors, Adrianus Meliala and Retno Gunowati, went to the House of Representatives (DPR) to challenge those opposed to legal processes against the pilot.

Mr Komar was released on police bail on February 15, and is currently awaiting trial. He was forced to resign late in February with being fired his only alternative, and his licence has been suspended. He is believed to be the only man ever prosecuted in Indonesian history over an airliner crash.

The issues thrown up by this ongoing case have now been exclusively commented on for Wikinews by Paul McCarthy. Mr McCarthy is IFALPA’s representative to the International Civil Aviation Organisation (ICAO). He is both a pilot – as are all of IFALPA’s roughly 100,000 members – and a lawyer, and is an acknowledged expert on issues concerning the criminal liability of pilots. Mr McCarthy’s comments, obtained by email via IFALPA media representative Gideon Ewers are available below.

Forklifts: A History}

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Forklifts: A history

by

Robert Foster

You keep on using this work machine but do you have any idea what the history of forklifts/lift trucks is all about? ForkLifts , together with other industrial machines, were made at the start of the 20th century when Americans were in the period of a rapid industrialization after World War I. During this period, several companies from different industries were shifting to material handling industry. Hyster, for instance, begun in the logging industry but then shifted its focus to the burgeoning materials handling industry to start developing forklifts.

During and after 2nd World War, the use of forklifts became a necessity to industrialization. During this said period of time, forklifts were used in the war to carry supplies to the front lines and were also utilized to transport military related goods from American factories to foreign ports. Different warehouses used forklifts and lift trucks to fuel productivity and efficiency when it comes to material handling.

As times passed, industrialization had now evolved to what we perceive as technological evolution. Electric forklifts were created to make way for lower operating costs. Electric forklifts are earth friendly compared to gas powered forklifts.

[youtube]http://www.youtube.com/watch?v=Nff_DGN1ajc[/youtube]

The development of forklifts had gone a long way. Originally, altering tractors and applying lifts were the procedures on how to create forklifts. Now, the use of electric forklifts is a testament to the furtherance of the forklift technology. Many companies are now using forklifts that have rear wheel steering to increase the abilities of the forklift driver to do maneuvers in narrow passageways.

The great market of forklifts today owes its credence to the history of forklifts/lift trucks. Nowadays, the market share for forklifts is huge. New and used forklifts help businesses by reducing operation costs and increasing productivity of workers. Though nothing beats a new forklift, more and more businesses are finding it practical to buy used forklifts because it is cheaper.

Almost all warehouse, freight dock, construction site, and manufacturing plants need quality made and durable forklifts. It is important that in addition to the history of forklifts/lift trucks, you also know the several factors that need to be considered before buying a forklift for your business. The price of the forklift and how you will be using it are the two most important considerations you have to think about.

Brand new forklifts cost at least $15,000. Though electric forklifts are more expensive, they can save you money in the long run; forklifts with internal combustion engine is cheaper but need to be refueled often. Usually, the price of a standard 5000 lbs forklift is in between $16,000 to $30,000 depending on the kind of features you are looking for.

Forklifts that have greater lifting capacities may be very expensive. A forklift that can handle 35,000 lbs, for instance, many cost at least a $100,000. Even though a used forklift may cost less than a brand new forklift, it is still pricey. Make sure that when you are buying a used forklift, you ask for a personal warranty so if in case something is wrong, you can always return it to have it repaired or possibly get your money back.

Forklifts indeed help a lot of businesses nowadays. Before you invest your money on buying one, make sure that you really need it and that you know which type of forklifts suits you best. We also hope that the brief history of forklifts/ lift trucks can help you find quality made forklifts.

I am a 32 year old guy living with my girlfriend of three years in Sydney. I am currently employed as Human resource manager in one of the banks (wont mention which, he he). I love surfing, going out to the movies or just hanging out with my girl or friends.

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Forklifts: A history}

NYSE to merge with Archipelago; NASDAQ to buy Instinet

Sunday, April 24, 2005

New York Stock Exchange (NYSE) announced last Wednesday that it has agreed definitively to merge with Chicago-based Archipelago Exchange (ArcaEx) and form a new publicly traded, for-profit company known as NYSE Group. This announcement was followed two days later by NASDAQ®, which independently announced a definitive agreement to purchase Instinet Group.

Archipelago and Instinet are innovative e-trading (electronic trading) companies, and formerly were the two largest American rivals to NYSE and NASDAQ, in recent years taking increasingly large portions of their market share. The Securities and Exchange Commission (SEC) and other regulatory agencies still have to review and approve the transactions, particularly with respect to US securities law and antitrust law, in order to ensure that the marketplace remains lawful and competitive.

Other pending issues for NASDAQ include obtaining the approval of Instinet shareholders, as well as customary closing conditions. NYSE must obtain the approval of its members and Archipelago shareholders.

These changes, a reaction to increased e-trading competition and a changed regulatory environment, will result in NASDAQ and NYSE trading each other’s shares and attempting to grab market share, which many hope will drive down transaction costs and ultimately benefit consumers. However, at least one commentator, Dan Ackman writing in Forbes, has noted that the trading commission at the NYSE currently averages less than a nickel (US$0.05) per share, and was less enthusiastic about potential efficiency gains from electronic trading at the exchange.

The transactions are also intended to make the two leading American stock exchanges more globally competitive with such exchanges as the London Stock Exchange, the Frankfurt Stock Exchange, the Toronto Stock Exchange, and the Australian Stock Exchange located in Sydney.

An interview with gossip columnist Michael Musto on the art of celebrity journalism

Sunday, October 7, 2007

There are two things one can expect on a trip to see Michael Musto at the offices of the Village Voice: a 20-minute round-trip wait for the elevator and rapid fire answers from one of the most recognizable gossip columnists in the United States. Musto, in addition to his appearances on Countdown with Keith Olbermann and the E! network, has been writing his column for the Voice since 1984. He has recently compiled the best of them in a book released this year titled, La Dolce Musto: Writings by the World’s Most Outrageous Columnist. He was Carrie Bradshaw, replete with a prodigious use of puns, before Sex in the City was a thought. His column is a romp through his life, spats and opinions on socio-political issues. As David Thigpen of the Chicago Tribune wrote, Musto is “a funny and caustic satirist who masquerades as a gossip and nightlife columnist.”

Musto, a Columbia University graduate, is a rarity in today’s celebrity world: he is accessible. He often corresponds with his readers and his public functions are a mix of parties, nightclubs, academic lectures, university panels and film premieres.

He is friendly and frank, and he welcomes people to join him in his world (“I just got a message that Michael Lucas died!” he says staring wide-eyed at his phone; the message turned out to be false). Wikinews reporter David Shankbone spoke with Musto about his life and his relationship to the world of celebrity journalism. And he did not hold back.


Contents

  • 1 On writing a gossip column
  • 2 On celebrities
  • 3 On the gay community
  • 4 On outing gay celebrities
  • 5 On New York City
  • 6 Musto on Musto
  • 7 Sources

As increase in digital music sales slows, record labels look to new ways to make money

Tuesday, August 31, 2010

Every September, the Apple iPod is redesigned. Last year saw the release of the iPod Nano 5th generation, bringing a video camera and a large range of colours to the Nano for the first time. But as Apple again prepares to unveil a redesigned product, the company has released their quarterly sales figures—and revealed that they have sold only 9m iPods for the quarter to June—the lowest number of sales since 2006, leading industry anylists to ponder whether the world’s most successful music device is in decline.

Such a drop in sales is not a problem for Apple, since the iPhone 4 and the iPad are selling in high numbers. But the number of people buying digital music players are concerning the music industry. Charles Arthur, technology editor of The Guardian, wrote that the decline in sales of MP3 players was a “problem” for record companies, saying that “digital music sales are only growing as fast as those of Apple’s devices – and as the stand-alone digital music player starts to die off, people may lose interest in buying songs from digital stores. The music industry had looked to the iPod to drive people to buy music in download form, whether from Apple’s iTunes music store, eMusic, Napster or from newer competitors such as Amazon.”

Mark Mulligan, a music and digital media analyst at Forrester Research, said in an interview that “at a time where we’re asking if digital is a replacement for the CD, as the CD was for vinyl, we should be starting to see a hockey-stick growth in download sales. Instead, we’re seeing a curve resembling that of a niche technology.” Alex Jacob, a spokesperson for the International Federation of the Phonographic Industry, which represents the worldwide music industry, agreed that there had been a fall in digital sales of music. “The digital download market is still growing,” they said. “But the percentage is less than a few years ago, though it’s now coming from a higher base.” Figures released earlier this year, Arthur wrote, “show that while CD sales fell by 12.7%, losing $1.6bn (£1bn)in value, digital downloads only grew by 9.2%, gaining less than $400m in value.”

Expectations that CDs would, in time, become extinct, replaced by digital downloads, have not come to light, Jacob confirmed. “Across the board, in terms of growth, digital isn’t making up for the fall in CD sales, though it is in certain countries, including the UK,” he said. Anylising the situation, Arthur suggested that “as iPod sales slow, digital music sales, which have been yoked to the device, are likely to slow too. The iPod has been the key driver: the IFPI’s figures show no appreciable digital download sales until 2004, the year Apple launched its iTunes music store internationally (it launched it in the US in April 2003). Since then, international digital music sales have climbed steadily, exactly in line with the total sales of iPods and iPhones.”

Nick Farrell, a TechEYE journalist, stated that the reason for the decline in music sales could be attributed to record companies’ continued reliance on Steve Jobs, CEO of Apple, saying that they had considered him the “industry’s saviour”, and by having this mindset had forgotten “that the iPod is only for those who want their music on the run. What they should have been doing is working out how to get high quality music onto other formats, perhaps even HiFi before the iPlod fad died out.”

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When Jobs negotiated a deal with record labels to ensure every track was sold for 99 cents, they considered this unimportant—the iPod was not a major source of revenue for the company. However, near the end of 2004, there was a boom in sales of the iPod, and the iTunes store suddenly began raking in more and more money. The record companies were irritated, now wanting to charge different amounts for old and new songs, and popular and less popular songs. “But there was no alternative outlet with which to threaten Apple, which gained an effective monopoly over the digital music player market, achieving a share of more than 70%” wrote Arthur. Some did attempt to challenge the iTunes store, but still none have succeeded. “Apple is now the largest single retailer of music in the US by volume, with a 25% share.”

The iTunes store now sells television shows and films, and the company has recently launced iBooks, a new e-book store. The App Store is hugely successful, with Apple earning $410m in two years soley from Apps, sales of which they get 30%. In two years, 5bn apps have been downloaded—while in seven years, 10bn songs have been purchased. Mulligan thinks that there is a reason for this—the quality of apps simply does not match up to a piece of music. “You can download a song from iTunes to your iPhone or iPad, but at the moment music in that form doesn’t play to the strengths of the device. Just playing a track isn’t enough.”

Adam Liversage, a spokesperson of the British Phonographic Industry, which represents the major UK record labels, notes that the rise of streaming services such as Spotify may be a culprit in the fall in music sales. Revenues from such companies added up to $800m in 2009. Arthur feels that “again, it doesn’t make up for the fall in CD sales, but increasingly it looks like nothing ever will; that the record business’s richest years are behind it. Yet there are still rays of hope. If Apple – and every other mobile phone maker – are moving to an app-based economy, where you pay to download games or timetables, why shouldn’t recording artists do the same?”

Well, apparently they are. British singer Peter Gabriel has released a ‘Full Moon Club’ app, which is updated every month with a new song. Arthur also notes that “the Canadian rock band Rush has an app, and the industrial rock band Nine Inch Nails, led by Trent Reznor – who has been critical of the music industry for bureaucracy and inertia – released the band’s first app in April 2009.” It is thought that such a system will be an effective method to reduce online piracy—”apps tend to be tied to a particular handset or buyer, making them more difficult to pirate than a CD”, he says—and in the music industry, piracy is a very big problem. In 2008, the International Federation of the Phonographic Industry estimated that 95% of downloads were illegitimate. If musicians can increase sales and decrease piracy, Robert says, it can only be a good thing.

“It’s early days for apps in the music business, but we are seeing labels and artists experimenting with it,” Jacob said. “You could see that apps could have a premium offering, or behind-the-scenes footage, or special offers on tickets. But I think it’s a bit premature to predict the death of the album.” Robert concluded by saying that it could be “premature to predict the death of the iPod just yet too – but it’s unlikely that even Steve Jobs will be able to produce anything that will revive it. And that means that little more than five years after the music industry thought it had found a saviour in the little device, it is having to look around again for a new stepping stone to growth – if, that is, one exists.”

Asbestos Ceiling Tiles Potential Hazards And Precautions}

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Asbestos Ceiling Tiles Potential Hazards And Precautions

by

Kirsten Hawkins

Asbestos was widely used as a component of popcorn ceiling in homes or in the form of asbestos ceiling tiles. It was also used as decorative sprays on the walls or for soundproofing purposes. However, off late there has been a lot of concern regarding the use of asbestos ceiling tiles because of harmful affects of asbestos particles on human health.

Hazards of Asbestos ceiling tiles

Asbestos contains deadly silicate fibers that can be airborne on applying physical force on asbestos ceiling tiles. The fibers when inhaled are retained by the lungs and cause potent lung disorders, such as mesothelioma or asbestosis. Even if ceilings are asbestos-free, certain insulation materials like Zonolite used in attic floors, can release toxic levels of asbestos while fixing a ceiling fan or a light. Asbestos ceiling tiles may contain formaldehyde and such volatile organic compounds as components. Asbestos found in ceiling tiles, if in good condition, causes no risk but loose, damp or crumbly asbestos is dangerous. Drilling and scraping of such material is a health hazard. In those cases, the building owners should remove the asbestos ceiling tiles or take necessary steps to prevent asbestos exposure due to asbestos contaminated ceiling tiles.

Safe Handling of Asbestos ceiling tiles

[youtube]http://www.youtube.com/watch?v=YIkmVDrc27w[/youtube]

The best way is to avoid the use of asbestos ceiling tiles. However, if you are using asbestos ceiling tiles, you must take necessary precautions to avoid asbestos exposure. Some of the steps are:

? Select low-emitting ceiling tiles certified by a reputed organization like Greenguard Environmental Institute.

? Use porous ceiling tiles that trap odors and chemicals emitted from building activities.

? Install ceiling tiles in a building only after painting, flooring or other such work is over. This prevents the ceiling tiles from absorbing and retaining the chemicals and organic solvents.

? Recycle old ceiling tiles under new programs.

? Hire professionals to reconstruct asbestos ceiling tiles as they adhere to safety norms and rules. Avoid sanding and dry-buffing asbestos floors.

? Follow wet stripping or use low abrasion pads below 300 rpm to avoid exposure.

? Report any broken ceiling tiles to Environmental Health & Safety Department.

File an Employee Exposure Report within 24 hours or as soon as possible with the Environmental Health & Safety Department in case of accidental exposure to asbestos.

Remember! A minor exposure to asbestos fibers can cause lung disorders, asbestosis or mesothelioma. Therefore, it is better to safe than sorry.

Kirsten Hawkins is a asbestos and mesothelioma specialist from Nashville, TN. Visit http://www.asbestosblog.org/ for information on asbestos reform, mesothelioma lawsuit news, and more.

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Asbestos Ceiling Tiles Potential Hazards And Precautions}

Wikinews interviews former Salt Lake City mayor and 2012 presidential candidate Rocky Anderson

Wednesday, December 21, 2011

Former Salt Lake City mayor and human rights activist Rocky Anderson took some time to discuss his 2012 U.S. presidential campaign and the newly-created Justice Party with Wikinews reporter William S. Saturn.

Anderson served as mayor of Salt Lake City for eight years (2000–2008) as a member of the Democratic Party. During his tenure, he enacted proposals to reduce the city’s carbon emissions, reformed its criminal justice system, and positioned it as a leading sanctuary for refugees. After leaving office, Anderson grew critical of the Democratic Party’s failure to push for impeachment against President George W. Bush, and for not reversing policies on torture, taxes, and defense spending. He left the party earlier this year and announced that he would form a Third party.

Anderson officially established the Justice Party last week during a press conference in Washington D.C.. He proclaimed “We the people are powerful enough to end the perverse government-to-the-highest-bidder system sustained by the two dominant parties…We are here today for the sake of justice — social justice, environmental justice and economic justice.” The party promotes campaign finance reform and is attempting to appeal to the Occupy Wall Street movement. It is currently working on ballot access efforts, and will hold a Founding Convention in February 2012 in Salt Lake City.

Among other issues, Anderson discussed climate change, health care, education, and civil liberties. He detailed his successes as mayor of Salt Lake City, stressed the importance of executive experience, and expressed his views on President Barack Obama and some of the Republican Party presidential candidates. He spoke in depth about former Massachusetts governor Mitt Romney, with whom he worked during the 2002 Winter Olympics, and fellow Utahan, former governor and U.S. ambassador to China Jon Huntsman, Jr..

Contents

  • 1 Background
  • 2 The Justice Party and opposition
  • 3 The GOP race
  • 4 Public policy and the state of democracy
  • 5 Related articles
  • 6 Sources

Israel to install missile defense systems on airliners

Friday, March 21, 2008

Israel has announced plans to begin fitting missile defense systems to airliners within weeks.

The systems will emit flares designed to confuse the guidance systems on heat-seeking missiles. Greatest priority will go to adding the equipment – already in use with the Israeli air force – on aircraft that fly to destinations deemed high-risk, such as Asia and Africa.

The plans were initiated in 2002 after a failed attempt by Islamic insurgents with shoulder mounted missile launchers to shoot down an Israeli airliner during takeoff from Mombassa, Kenya. Israel immediately began seeking ways to protect its commercial aviation fleet.

Testing was initiated shortly afterwards, but plans were shelved while arguments as to who would pay were ongoing – either the government or El Al and Arkia. Hezbollah has recently threatened action against Israel in response to a car bomb assassination of terrorist Imad Mughniyeh, prompting the government to agree to pay the costs. Despite no claim of responsibility, Hezbollah and its backers in Iran blame the attack on Israel.

Singapore, the United States and other nations are considering similar measures. As well as flares, some proposed systems use lasers to jam heat-seeking equipment.

Housing Repairs And The Landlords Responsibility

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By Davinos Greeno

Did you know that your landlord or her/his authorized agent has the right to enter the accommodation to inspect its condition and state of repair at reasonable times of day and at 24 hours written notice?

Also, that Section 11 of the Landlord and Tenant Act 1985 is the most important of the landlords obligations to carry out basic repairs? It works by implying terms into a tenancy agreement (whether or not a tenant has anything in writing) which cannot be overridden by any express terms. The landlord therefore cannot seek to avoid, nor to contract out of, these obligations.

When does section 11 apply

Section 11 will apply to most tenancies, whether in the private or public sector. It applies to all periodic tenancies and fixed term leases of less than seven years which began after 24 October 1961. The main exceptions are the following:-

lettings for less than seven years will not be covered if there is a stated option to renew the tenancy for a further term, which would result in the tenancy lasting for more than seven years in total agricultural tenancies covered by the Agricultural Holdings Act 1948 most business tenancies crown tenancies, that is, most tenants of government departments.

[youtube]http://www.youtube.com/watch?v=AmWrGPKcMNM[/youtube]

Tenants who do not come under the scope of section 11 may be able to have a repair carried out under one or more of the landlords other responsibilities, including the terms implied by common law.

The landlord’s obligations under section 11

The landlord must:-

keep in repair (see below) the structure and exterior of the building or part of a building which is let to the tenant (including drains, gutters and external pipes)

keep in repair and proper working order the installations for the supply of water, gas and electricity, and for sanitation (including basins, sinks, baths, toilets)

keep in repair and proper working order the installations for space heating and heating water.

Keep in repair This is a continuing obligation to keep up the standard of repair throughout the tenancy. It also means that the landlord has to put into repair the structure and exterior of the property, even if it was not in good repair at the beginning of the tenancy.

Repair The landlords obligation to repair only comes into operation when there has been damage to the structure and/or exterior which requires it is made good. The landlord is therefore obliged to put right something that has gone wrong, or which does not work in the way it was intended to work. The landlords obligation under section 11 can also cover putting right a defect that results from an inherent or design fault, for example, replacing a damproof course which had been laid in such a way as to cause dampness; providing a WC cistern; replacing missing expansion joints; or underpinning where there is subsidence. Whether the landlord has to provide a different thing from that which was originally contracted for will depend upon the individual circumstances of the case. Relevant factors may include what proportion of the premises are affected, the cost of the works and the age of the property.

Structure and exterior There is no precise legal definition of this. The structure includes outside walls and windows, frames, ceilings, roof and foundations. It can be argued that it also includes external doors and windows, including the glass. If the landlord disputes that this is the case, specialist advice may be needed. It does not include internal wall plaster or decorations as such, but if these are affected by disrepair to something for which the landlord is responsible under this section, for example, disrepair to an external wall leading to penetrating damp, the tenant may be able to use section 11. The exterior of the building means the outside or external parts of the dwelling.

About the Author: Davinos Greeno works for a green company and fairtrade shopping directory that lists 100s of Ethical Companies and we also have eco home articles to read.

Source: isnare.com

Permanent Link: isnare.com/?aid=203460&ca=Home+Management

Dance party broken up by police in Utah, USA

Monday, August 22, 2005

About 90 law enforcement officers from multiple agencies broke up what they said was a rave party on public and private property in the Diamond Fork area of Spanish Fork canyon, an hour outside of Salt Lake City, Utah, at about 11:30 p.m. Saturday (5:30 Sunday UTC).

According to the county, the Sheriff’s Office had been investigating similar parties since the beginning of the season. In a press release from the Sheriff’s Office in Utah County, the department states that previous allegations of sexual abuse at other raves, as well as various firearm and theft violations, were reasons for the investigation. The release continues on to state that the proper permit was not obtained before the event started.The promoters deny this allegation and insist that all permits were legally obtained before the event.

Armed with semi-automatic assault rifles, tasers, and tear gas, the police used dogs to sweep the crowd for narcotics. At least one helicopter was used in the operation, which served as a large spotlight for the ground teams. Prior to raiding the show, several unnamed police informants had reportedly told police that they had observed some “illegal activities”.

The promoter says the party took place on private property, named Child’s Ranch, with express permission from the owner. The property owner has apparently had at least one previous lawsuit with police over a similar event. Utah County requires a permit, bond and county commission approval for all gatherings with more than 250 people present and which can be expected to continue for 12 hours or more. DJ time slots and Pro Audio and Lighting contracts show that the party was scheduled to go on for no more than ten hours. According to a DJ at the event, “They presold 700 tickets and they expected up to 3,000 people total.” He added that by the time police arrived “the crowd was about 1,500”.

The police have publicly stated that only a permit from the health department was obtained, and that a Utah mass gathering permit was needed. The promoters have stated that they had the required permit, and have given a permit number (# 2005-11). Jay Stone, who handles mass gathering permits for the Utah County Health Department’s Bureau of Environmental Health Services, has confirmed that the permit was applied for and granted for the party. Officials also claim that the party had spilled over onto public land, and that more than 60 arrests were made in total – for driving under the influence of alcohol or drugs, underage drinking, drug possession and distribution, resisting arrest, assault on a police officer, disorderly conduct, and one instance of a weapons offense, a pistol which was found in the home of the private property owners. Among the confiscated items and drugs found were cocaine, ecstasy, marijuana, mushrooms, alcohol, and drug paraphernalia. Some of the drugs may include those confiscated from attendees by private security guards – who were also arrested.

Amateur video from the scene shows a number of SWAT police (Sheriff’s press release places the figure at 90) screaming orders at the DJs to “Shut it down now!” and yelling at others to “get out now, or I’ll kick your ass in jail.” Armed police are also seen tackling two attendees, Alaisha Matagi and Paul Maka. It is unclear from the video footage whether these actions were provoked or not. However, those shown on the two-minute long footage that are being forced to the ground do not appear to be resisting arrest. Both Matagi and Maka are charged with failure to obey a police officer and resisting arrest – Maka is also charged with interfering with police. Sheriff Jim Tracy stated in an email that both of them were tackled and arrested after assaulting a deputy, however, neither of them are being charged with assaulting a police officer.

A first hand account from a DJ booked to play at the party stated that while police were arresting a man accused of possession, the suspect was beaten to the ground and continually “kicked in the ribs” by four armed “soldiers” dressed in camouflage. The item was not shown on the video footage. According to the account, nobody resisted the policemen, and the crowd was orderly, but tear gas was thrown at the partiers as they attempted to leave as instructed. The DJ also states that police were attempting to confiscate video equipment, but an amateur video has still surfaced on the internet (see sources below). The video appears to have been taken near the DJ stand before it was moved to show more of the action.

Several attendees felt they should have the right to attend an event where drugs may be present, so long as they don’t personally use them. “While it may be true that some individuals choose to take drugs at said events like this, myself as well as many others choose to go for the music. Just like anything, you have bad apples, but you shouldn’t cut down the tree,” said one attendee. “Raves are not the only musical gatherings where drugs are used and distributed,” said another.

Other event-goers felt that the use of force in the shutdown was excessive – numerous eyewitness accounts by concertgoers describe people being beaten, tasered, or attacked with dogs. An email from Sheriff Jim Tracy stated that dogs and tasers were present at the raid, however, he also states that the tasers were not used on anyone, and that no dogs were deployed against concertgoers.

One account from an attendee, identified as “Colby”, states:

“I saw at least two people being beaten on the ground while barking, snarling dogs are held just a few feet from them. Weapons were being pointed at unarmed, peaceful civilians. A friend of mine was forced at gunpoint to put his hands on his head and turn around, because he asked if he could get his things from the tent.”

Utah County sheriff’s Sergeant Darren Gilbert also alleged that a 17-year-old girl was found overdosed on ecstasy, and was treated and released to her parents. According to an advertisement for the event, an attorney was present at the party. The local sheriff is scheduled to appear on Utah TV.

This article features first-hand journalism by Wikinews members. See the collaboration page for more details.
This article features first-hand journalism by Wikinews members. See the collaboration page for more details.