English For Law Practice
donderdag 9 december 2010
Gang in the UK treated migrant workers like slaves
Prosecutor Jonathan said that the case against the gang was in fact that they cruelly mistreated and criminally exploited these migrant workers.
The migrant workers came here because they thought they would have good wages, conditions and accommodation.
When they arrived it wasn’t like the gang promised, they were put to work in the leek fields, where many were intimidated, threatened and beaten.
Often the workers were knocked to the ground if they could not keep up the machine to collect the leeks.
Above all they were not given protective equipment so when the machine hit them, they were cut to the bone by the knives they used to trim the leeks, and suffered skin infections from acid in the leeks.
They went to the fields with overcrowded and dangerous minibuses and they had to work 12- or 13-hour a day without breaks. The gang also cheated them by paying them less than promised and deducting money from their wages.
After working 12/13-hour a day the workers went to their homes and there they were crammed with more than 20 workers into a three-bedroom terraced house with a single toilet that did not work.
Police and other authorities arrested the defendants in November 2008 as part of Operation Ruby, the biggest operation of its kind with purpose to chase the exploitation of migrant workers.
To my mind the workers were being treated as animals and below the standard. We all now that farming labour is not easy work, it is often very though. So I think the workers have to be treated in a human way. I don’t suggest that migrant workers should have been given easy jobs or put up in luxury accommodation. They just have to have a basic minimum, especially in the UK.
http://www.independent.co.uk/news/uk/crime/gang-treated-migrant-workers-like-slaves-2153614.html
woensdag 8 december 2010
Kim De Gelder hands in complaints

Everybody knows Kim De Gelder (22), the young men who murdered some babies in the daycare ‘Meetjesland’ and also Elza Van Raemdonck in 2009. The public prosecutor’s office wants to start the lawsuit against Kim de Gelder as soon as possible but there are some problems.
There is a complaint about alteration of a document and a complaint because some secret information about De Gelder got spread. The court says that the complaint about alteration doesn’t make sense because it was just a type mistake. The arrest of Kim De Gelder is prolonged.
The lawyer of De Gelder says that he wants to know the truth. He said that he has the right to use all means of defense in the importance of his client. The lawyer Haentjens, thinks that Kim De Gelder is mentally ill and that a assizes trial isn’t a good idea.
Before this complaints, there was a possibility that Kim de Gelder’s file would have been send to the council chamber, the first way to the assizes trial. Because of the complaints this process has been postponed.
I think Kim De Gelder is really a frightening man. He has to get a punishment as soon as possible. Because of his complaints, he postponed his trial and also the judgment. I think that’s why he handed in complaints. Perpetrators have to many rights, they deserve to get a very hard punishment right away, especially for acts like De Gelder did.
http://www.vandaag.be/binnenland/53682_kim-de-gelder-dient-zelf-klacht-in.html
Man murdered baby boy

Darren Newton murdered his girlfriend’s 15-month old son (Charlie) after months of filming himself abusing the little boy. He has been jailed for life.
Newton denied that he killed the baby but he admitted the cruel abuse. He filmed the abuse on his phone for his own pleasure. He is sentenced to jail for a minimum of 24 years before he can apply for parole. In the clips you can see how Newton slapped Charlie on his head. The boy screamed and cried.
Every normal person who will watch this video clips will struggle to understand why Newton could do this. He enjoyed replaying the clips to himself. There was no motive for the cruel behavior.
In November 2009 he finished his shift at his work and went to look after the boy. Three hours later the baby died after a final assault. This attack was not captured on film, but doctor’s noticed bruises on his head. The slap’s to Charlie’s head caused a bleeding and swelling to his brain. The mother of Charlie thought that Newton was a quiet, caring and loving man.
The court judged that Newton is clearly a violent person. He did horrible things and didn’t show any regret for his actions. Now he gets the punishment he deserves.
I can’t understand why you can torture an innocent baby. It is one of the most cruel things a person can do. I hope that Newton stays in jail for the rest of his life because he isn’t worth to have a good life. I also think it’s strange that his girlfriend never asked questions about the bruises of the baby. Normally if Newton slapped the baby several times, he must have had many bruises. If you care about your child you will protect him against any danger. But anyway I don’t blame the women for what happened because I think if you love someone you would never expect he would harm your child.
Tine Depotter
source: http://factstoknow.co.uk/?p=13844
maandag 6 december 2010
Continental 'responsible' for Concorde crash in 2000
3RP2
Source: http://www.bbc.co.uk/news/world-europe-11923556
donderdag 25 november 2010
Competition law: inaction is no longer an option
It applies to any breach of competition law, unlike the second sanction: the cartel offence can entail up to five years’ imprisonment and unlimited fines for any employee. Both sanctions can be applied at the same time.
They make use of that because imposing financial and other penalties on companies are not enough deterred.
The Office of Fair Trading must follow a certain procedure to disqualify a director. They must apply to the High Court for an order, on the basis that the individual is incapable to be a director. The order may disqualify the director from directorship of any company for up to 15 years.
The Office of Fair Trading will also consider mitigating circumstances, such as quick remedial action and if they know whether the activity constituted a breach or not.
All company directors are expected to appreciate the importance of competition law compliance and to know that price-fixing, market sharing and bid rigging are likely to breach competition law.
It seems to me that the Office of Fair Trading is very hard on the directors who didn’t participate in the breach of competition law. I think that it goes to far when the directors who didn’t do anything are punished in the same way as the directors who participated in the breach. They have to give them a lower fine so that they take more responsibility.
http://www.hvnplus.co.uk/intelligence/regulation/competition-law-inaction-is-no-longer-an-option/8605694.article
Laborer bullied and humiliated in Belgian factory

A laborer from Mactac has been humiliated for 9 years by his colleagues. The humiliations and teasing were incredible. He was bound on a wooden platform while a colleague smashed his genitalia against his face. Another day he was locked up in a cage, he was overwhelmed by kilos of talcum powder. After this the colleagues cleaned his body with a high pressure cleaner.
In 2002 he told the direction about the bullying. He got a few images from the security camera and gave them to the direction. The offenders are clearly recognizable.
The tribunal from Bergen says that the facts are statute barred because the victim made a complaint in 2008, that’s five years after the last bullying.
The company had offered psychological help and a transfer to the victim. Twenty five employees are suspicious. In January it will be clear whether the suspects will have to appear in court or not. They risk an imprisonment of 5 years. The lawyer also wants to pursue the suspects for torturing because the facts were very cruel. The victim can also start a lawsuit to obtain damages from the suspects.
I was shocked when I saw the pictures and the images on the internet. This is really over the top, I didn’t know this could happen in Belgium. I keep on asking why nobody helped this man or why he didn’t told the direction earlier about the bullying. I hope that other employees who are handled in the same way have the strength to talk about it with the direction or someone they trust.
Now jurists doubt if the perpetrators will be punished, but I hope they will.
Tine Depotter
Source: http://www.nieuwsblad.be/article/detail.aspx?articleid=DMF20101118_062
Five years imprisonment demanded against child care who tortured a baby

In ‘Leuven’ the public prosecutor demanded 5 years imprisonment for the nursery that tortured a baby so long that he is disabled for the rest of his life.
The case against the nursery E.A. (24) started with a lot of interest. The woman is committed to trial for the molestation of Emmanuel Tuts and Lila S. (both 18 months old) in her childcare in Kessel-Lo in 2009.
The judge wanted to know why the defendant didn’t anything when she noticed that Emmanuel Tuts got convulsions, probably because she tortured him. She answered that she didn’t do anything because the parents of Emmanuel called her.
The psychiatric investigations showed that the young lady wasn’t able to have a childcare. She also said that in her education she never handled baby’s who cried a lot. She didn’t know how to comfort the baby.
The 4 months old baby showed after the molestation indications of the ‘babyshakensyndrome’ and the nursery did her confessions.
The now one and a half year boy is blind. He will probably never walk and he is fed with a drip. The child is disabled for 80%. It is already the fourth nursery that is summoned because of molestation of a child.
I think this case is really scandalous. Many people bring their children to a child care and they trust the nursery that she take care for the kids. The mother of Emmanuel didn’t get pregnant easily, suddenly she was pregnant of a healthy baby and then this happens… I think that is really the worst nightmare you could go through. The kid needs a lot of help for the rest of his life. I think that I would never accept that this could happen.
http://www.standaard.be/artikel/detail.aspx?artikelid=DMF20101123_089&word=rechtbank