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Greenpeace Not A Charity

As a contrast to the appallingly dumb judicial decision in the previous post, I offer this as a counter-example:

Greenpeace has lost a High Court battle to restore its status as a charity.

The environmental lobby group was deregistered as a charity last year after the Charities Commission decided it had an overtly political role, particularly in its promotion of peace and disarmament.

The High Court declined Greenpeace’s appeal, saying it is clear the group sees itself as an advocate rather than an educator.

Justice Heath said the group uses non-violent, but potentially illegal, activities to make a point – which are not necessary to educate the public.

The decision means Greenpeace will not be exempt from income tax, a status granted to registered charities.

Makes sense to me – if you are primarily a political lobby group, no matter how noble you think your causes are, you are not a charity.

Especially interesting that this decision has been made in New Zealand, where Greenpeace has a large following, and the sunken Rainbow Warrior is treated as a kind of holy shrine.

The shine is coming off.

Ex Con Gets Compo For Beating Customer

This is one of those ‘What the #^*?!’ moments.

A fast food restaurant manager has been awarded thousands of dollars in compensation after he broke his wrist while bashing a customer.

Matthew Styles had previous convictions for assault, including assault against police.

But a Melbourne Court magistrate ruled that Mr Styles, who was sacked after the brawl, is entitled to a juicy compensation payout despite using foul language and escalating the dispute.

Red Rooster, which refused Mr Styles’ compensation claims, said he did not honour its “employee behaviour standards” and therefore was not entitled to any compensation.

It also pointed out Mr Styles lengthy criminal record.

But the magistrate found his injuries arose “out of or in the course of the employment”.

He was awarded 13 weeks in lost pay.

His injuries arose in the course of his employment?

The media delights in portraying judges and magistrates as out of touch with commuity standards. That characterisation is frequently unfair. Most judges are careful and responsible.

But this is about as unfair and irresponsible as it is possible to imagine.

Thoughts on Bin Laden’s Death

I wrote a few weeks ago that the death penalty should be kept as an option, but used very rarely – when it seemed to be the only way to protect society from a vicious and dangerous criminal.

Osama bin Laden fitted that category.

The operation that lead to his death was carefully planned and carried out.  Those involved in both planning and operations deserve congratulations.

Two quotes from George Bush seem appropriate:

“When I take action, I’m not going to fire a 2 million dollar missile at a 10 dollar empty tent and hit a camel in the butt. It’s going to be decisive.”

“Whether we bring our enemies to justice or bring justice to our enemies, justice will be done.”

In the end, it was on Barack Obama’s watch that the time came when it was possible to take that decisive action. Justice has been done.

But the search for Osama bin Laden was not the prosecution of a criminal offence. It was a response to an act of war, a war declared and ongoing.

No one can doubt bin Laden’s intention and plans for his minions to carry out further attacks on the West.

If you start a war, you should be prepared for the people you have attacked to respond. You can’t destroy buildings and murder thousands of people and then cry ‘no fair’ when the country you have attacked decides the world would be a safer place without you.

The US responded to these threats in what seem to me to be the most fair and responsible manner imaginable.

It removed the person making them.

Al Qaeda is a many headed monster, but some heads are more equal than others, and the head removed was the most equal of all.

The attack on bin Laden’s compound in Pakistan was a military victory. It deserves to be celebrated, for the courage of those who participated, and for the outcome.

A message has been sent: If you murder our citizens, if you attack our people, we will find you, and there will be nothing inspiring or noble about your end, which be like the end of a vicious, worm infested dog whose body is thrown by the side of the road to rot.

Also, Pakistan is not our friend.

There are three possibilities.

1.  Pakistan’s security forces had no idea bin Laden was living in their neighbourhood. In that case they are mind bogglingly incompetent and should not be trusted with a plastic bow and arrow, let alone nuclear weapons.

2.  Some members of Pakistan’s security forces knew bin Laden was living in Abbottabad, but they protected him rather than tell Pakistan’s political leaders. In that case, Pakistan is in deeper trouble than we thought. It is unstable and should not be trusted with a plastic bow and arrow, let alone nuclear weapons.

3.  Pakistan’s poltical leaders knew, but protected him rather than tell their allies. In that case, Pakistan is in deeper trouble than we thought. It may not be unstable, but it is definitely not our friend. It already has nuclear weapons, which it has developed rather than spend money on vital infrastructure.

Instead, the West has paid for much of its infrastructure with massive doses of aid.

Pakistan needs to demonstrate some trustworthiness, and a commitment to the welfare of its own people, including its non-muslim minorities.

Until it does, that aid should stop.

Bishops and Betrayal

Bishop William Morris, the Roman Catholic Bishop of Toowoomba, has taken early retirement. That’s the way he describes it. catholic-hierarchy.org puts it more bluntly. He was removed.

I have met Bishop Morris. I have vague memories of being present with a group of Anglican clergy at his ordination as a bishop in Toowoomba in 1993 (I was then in the parish of Roma – not the Roma – the cattle town in Western Queensland). He seemed to me to be a kind and decent man.

Bishop Bill Morris certainly did a good job of repairing the damage done by a pedophile teacher at a Catholic school in Toowoomba.

The problem is, Bishop Morris has probably caused more damage to the Church than the pedophile whose actions he denounced.

Anyone with a brain knows that only a tiny proportion of Catholic clergy are pedophiles, that priests commit a disproportionately low number of child sex offences compared with the rest of the male population, and that any kind of sexual abuse is abhorrent to the Church.

But when a Bishop teaches something contrary to the Catholic faith, even in apparently trivial ways, he undermines the credibility of the Church, and the body of Christ is harmed.

In 2006 Bishop Morris wrote a ‘pastoral letter’ to his diocese in which he suggested that the problem of low numbers of priests could be solved if women were ordained.

Some of the laity were alarmed by this and sought clarification. When that clarification was not forthcoming, they brought the letter to the attention of Archbishop Bathersby and eventually, the Pope.

Then Bishop Morris claimed he had been misunderstood. He was only pointing to the ongoing conversation on this matter that was taking place around Australia.

No he wasn’t.

If that had been his intention he could and should and would have said immediately it was brought to his attention that some people thought he was advocating the ordination of women, that this was not the case. He would have apologised for any misunderstanding and reaffirmed the teaching of the Church. But he didn’t.

Bishop Morris says he has been brought down by a few disgruntled conservatives who went behind his back and complained about him because of his ‘progressive’ views.

This is tyranny. Bishop Morris has been vociferous in his complaints against Rome.

He told the ABC that Rome controlled bishops by fear ”and if you ask questions or speak only on subjects that Rome declares closed … you are censored very quickly, told your leadership is defective, and threatened with dismissal”.

Yet he attempts to censor and malign faithful lay people in his diocese who want the truth to be taught.

Every Catholic has a reponsibility to defend the faith. The lay people who asked Bishop Morris to teach the faith were honouring him by believing he was truly a Catholic Bishop. When he did not respond and they went to Rome, they were doing what they should never have needed to do, what his actions had made necessary.

And he blames them, blames Rome.

The best thing he could do now would be to acknowledge that he acted wrongly, that he betrayed the trust placed in him, and apologise.

Instead, he appears to be encouraging protests against his removal.

He really believes that he knows so much about what Jesus would do, would say, that he feels no compunction in ignoring what Jesus actually did, actually said, and what the Church has taught faithfully for 2000 years.

Everyone is entitled to his own opinions. But you cannot be a teacher of the Catholic faith if you don’t believe the Catholic faith.

I am sorry for Bishop Morris. I am sorry for the people has hurt by his lack of integrity. I hope he will come to repentance and undo some of the harm he has done.

I am grateful for the courage of Archbishop Bathersby and Pope Benedict, and for the lay people who spoke out. I hope the Diocese of Toowoomba, which I know and love, will grow through this, and continue to witness to the love of God, and and the unchanging Gospel of hope and life and truth.

But if I tarry long, that thou mayest know how thou oughtest to behave thyself in the house of God, which is the church of the living God, the pillar and ground of the truth. 1 Timothy 3:15

Bigpond Email – Can Receive But Not Send

Telstra is a commercial operation now, but still seems to have a public service mentality.
 
What I mean by this is that they seem to be more concerned about covering their backsides than they are about their customers, or their customers’ businesses.

For the last several days some of my clients have been reporting they were having problems with their Telstra Bigpond email. They could receive but not send emails.

Most of them had contacted Bigpond before coming to see me, and had been told that the problem was in some way their fault. Incorrect email server name settings, anti-virus software interfering with email, etc.

This was not the case. The problem was with Bigpond’s mail servers.
 
I know there may be delays in recognising that a problem exists. But even making this allowance, Bigpond has known for some days that a large number of their customers were affected by an issue that would cause confusion, and in some cases, disruption to business.
 
Yet they have done nothing to advise their customers of this.
 
It would be a simple matter to send an email to all Bigpond customers saying something like: Some Bigpond customers are currently experiencing difficulties sending emails. We are working on this issue, and will advise you as soon as it is resolved.

Or alternatively: If you are affected by this issue, please take these steps to resolve it…
 
If I treated my customers (I run an IT shop) the way Bigpond treats theirs, I would be out of business in a week.

Incidentally, a Bigpond customer service agent ( some of them must laugh themselves silly when they use that term) has just advised me that the problem is now resolved. Clients who still have difficulties sending email should turn their modem off and then on again. This should resolve the problem.

Perhaps.

Busy, busy, busy

Apologies for the lack of posts over the last week. We have been busy in store with both computer and photographic work.

Although it keeps me away from blogging, this is especially pleasing at the moment because a newcomer to the island has just set up a business across the road from me offering many of the same things. Odd for someone to come into a small community (Kangaroo Island’s total population is 4500 people, and Kingscote’s is 1400) and set up a new business in direct competition with an existing one. But that’s life, competition, the market. It’s all good.

The new guy has spent a lot of money on advertising. We’ve never needed to do much advertising. Word of mouth has built up the business over the last four years, and what paid advertising we have done has been more to support the community than out of need. Maybe that will change.

One positive is that this has given me a reason to work on our website, something I probably should have done long ago. It is up now. I think it is a good start. I’ll add info as time goes by, and perhaps include some advice for vistors to the island (the weather changes quickly, don’t stop in the middle of the road to watch the wildlife, American River is  a great place to catch whiting, etc).

KI Computers and Photographics. If you are on the island, come in and say hello!

Terry Pratchett Wants To Meet Julia Gillard

So that he can ask her in person, ‘Why is assisted suicide banned in Australia?’

To save you the trouble of talking to Julia, I’ll tell you Terry.

Assisted suicide is banned in Australia because it is wrong, and Australia is a civilised nation, where doing wrong is discouraged.

Terry says this is about seriously ill people being allowed to die with dignity.

No it isn’t.

Diginity is not about avoiding difficulty, pain, dependence on others. We might wish to avoid those things, and it is not wrong to do so when we reasonably can.

But they are part of life, and we do not and cannot know either what it means to be human, or who and what we are, without them.

What a bizarre notion of humanity it is that claims dignity is about remaining free of the very things that teach us to be humble, thankful, patient.

Diginity is not about avoiding pain, but bearing it with courage. Not about being independent of others – we can never be that in any case – but about being so strong in our weakness and dependence, that even in our darkest times we can still be an inspiration to others.

No man is an island, and no woman either. Despite ‘my rights,’ my life does not entirely belong to me.

I do not ask to avoid pain or loneliness or even fear – all those things will come to me no matter how vigorous my asking that they may not. I cannot avoid them without avoiding humanity.

I do ask that when I face those things, I do so with such courage and gentleness that I inspire courage and hope and gentleness in others.

That is dignity. That is what it means to be human.

Renewable Wonder Fuel Not So Wonderful

The World Bank’s annual index shows global food prices have soared 36 per cent in 12 months, adding a further 44 million people to the 1.2 billion who live in extreme poverty.

The greater proportion of your income you need to spend on food, the greater the impact of higher food prices. If you spend 15% of your income on food, as many westerners do, then a 36% increase in food costs is a nuisance. If you spend 75% of your income on food, a 36% increase could mean starvation.

Government pressure to include a proportion of bio-fuels in petrol has put pressure on food prices. There are other factors of course, but the additional pressure from diversion of food crops into fuel is still significant.

Nor are biofuels any better for the environment than fossil fuels. Palm oil is efficient compared with other oil crops in the amount of oil produced per hectare. But a new palm oil plantation would take 840 years of efficient cropping for biofuel to recover the carbon emitted when the forest it replaced was cut down and burned.

Now a new study has shown that a proposed biofuel plantation in Kenya could generate up to six times more CO2 than it saves:

Tribal Elder, Joshua Kahindi Pekeshe, who lives in the forest says:
“My people have lived here for generations.  If the jatropha plantation goes ahead, we will become squatters on our own land.  We will lose our homes, farms and the only school our children have.

“The company promised us jobs, dispensaries, roads and water, but it just makes me laugh. When somebody wants something from you, they know they must give you promises.  We don’t trust them because nothing was written down.

“This is a direct violation of our rights.  We voted for the new constitution that says the community owns the land directly. What right do they have to take it from us?”

Tim Rice, ActionAid’s biofuels expert, said:
“Biofuels are far from the miracle climate cure they were thought to be. Like most other biofuels, jatropha could actually end up increasing carbon emissions. Crucially the Dakatcha case also shows how biofuel plantations can rob entire communities of their land, homes and jobs.”

Jamie’s Betrayal

‘Jamie’ is a ten year old boy.  He thinks he should be a girl.

When I was ten I thought I came from another planet, that my real name was Dr Zuric, and that I had secretly been sent to Earth to investigate the local populace prior to invasion. Fortunately for humans, I had seen their potential and renounced my superpowers forever, instead standing vigilant against the threat posed by my former galactic gangster buddies.

My parents were amused. My Mum refused to believe the scale of the spaceship that delivered me to Earth. When I drew her a picture of it, she said she thought the windows should be bigger.

‘Mum,’ I said, ‘Those windows are four storeys high.’ She laughed and told me that was ridiculous.

I was deeeply insulted. Didn’t she realise the engineering skill that had gone into the construction of that ship? Or the sacrifices I had made for the sake of her species?

No she didn’t.

My parents treated my fantasies with respect. My dad even made me a control box so I could summon my warrior robots whenever I needed them (the one I had arrived with had been stolen – I was never able to find out by whom. I still have suspicions. Not everyone on Earth is good, you know).

My parents never suggested I needed psychiatric help – even when, in an earlier phase, I had demanded in tears to be allowed to take tea out to the faires in the grass behind the house next door because it hadn’t rained for two weeks and they were dying of thirst. Mum gave me some very small cups and some lukewarm water with sugar in it. I reported later that the fairies were very grateful, and had promised to watch out for any dangerous visitors, and to warn me if any shadowy figures arrived by putting coded messages in the constant birdsong, messages which only I would understand.

Several potential crises involving demonic visitors were avoided in this way.

It is barely worth mentioning that at different times I believed myself to be a re-incarnation of Manolete, the famous matador (never mind that I did not believe in re-incarnation); the eldest son of an Eastern European monarch who had smuggled me to safety as a baby and left me to be brought up by peasants who pretended to be my parents (he would be back to restore me to my rightful place as crown prince as soon as the kingdom had been made safe); or an entirely new kind of creature, a mutated sea lord (my mother was actually a mermaid, but we had agreed never to mention this potentially embarassing fact – even Dad did not know), who found it convenient for the moment to conceal my true powers and identity.

No psychiatric help for me. I was a child. Children play games and inhabit a world of magic and monsters. That is part of what childhood is.

I believed my stories, or pretended to, with the utmost seriousness. But I would have been appalled if they had.

Their common sense, their being adults, and consequently grounded in reality, created a safe place for me to be a child; growing into who I was was by pretending to be all sorts of things I was not.

Jamie’s parents appear not to be grounded in reality. There was no safe place for Jamie.

Jamie, like many little boys, went through a period of thinking he would really like to be a little girl.

Tragically for him, his parents seem to have believed him, and consequently, he has been stuck in that fantasy ever since. They got him psychiatric help.

The psychiatrists, people who are supposed to know a thing or two about human nature and the intricate tarantella of growing up, also believed him, proving they know nothing about anything.

His parents found him a school which was willing to accept him as a girl.

Then they went to court to get permission to begin a process that will turn him from a boy into a pretend woman. Family Court Judge Linda Dessau has agreed.

All he needed was someone to say no – to recognise that that he is a child, that children say things they don’t mean, live lives of earnest fantasy, and need adults to fix boundaries to those fantasies.

Jamie is ten. If the process goes ahead, he will not become a man. He will never have a family. And he will gain nothing in return. He will never be a woman, no matter what mutilations hormones and surgery wreak upon his body and mind.

Parents, psychiatrists, school and court – none have done their job. Jamie was just being a child. They could not find it in themselves to be adults.

Jamie has been betrayed.

Boards and Quotas

Fifteen years later, a letter from the then CEO of Cypress (a US designer and manufacturer of semi-conductor based technology) is still the best response to demands for quotas of women or minorities on company (or other) boards.

On April 23, 1996, Cypress received a letter from the Sisters of St. Francis of Philadelphia. The latter is a religious congregation of approximately 1,000 women and was, at the time the letter was written, the beneficial owner of a number of Cypress shares. The letter was a form letter, and it carried the stamped signature of Doris Gormley, OSF.

In the letter, Sister Doris, speaking for the Sisters of St. Francis of Philadelphia as a Cypress shareholder, expressed the view that a company “is best represented by a Board of qualified Directors reflecting the equality of the sexes, races, and ethnic groups.” The letter went on to say that it is the congregation’s policy “to withhold authority to vote for nominees of a Board of Directors that does not include women and minorities.”

In response, CEO TJ Rodgers wrote a long letter in which he described the sisters’ position as unsound, even immoral, and more related to political correctness than Christianity.

This is the beginning:

Dear Sister Gormley:

Thank you for your letter criticizing the lack of racial and gender diversity of Cypress’s Board of Directors. I received the same letter from you last year. I will reiterate the management arguments opposing your position. Then I will provide the philosophical basis behind our rejection of the operating principles espoused in your letter, which we believe to be not only unsound, but even immoral, by a definition of that term I will present.

The semiconductor business is a tough one with significant competition from the Japanese, Taiwanese, and Koreans. There have been more corporate casualties than survivors. For that reason, our Board of Directors is not a ceremonial watchdog, but a critical management function. The essential criteria for Cypress board membership are as follows:

•Experience as a CEO of an important technology company.
•Direct expertise in the semiconductor business based on education and management experience.
•Direct experience in the management of a company that buys from the semiconductor industry.
A search based on these criteria usually yields a male who is 50-plus years old, has a Masters degree in an engineering science, and has moved up the managerial ladder to the top spot in one or more corporations. Unfortunately, there are currently few minorities and almost no women who chose to be engineering graduate students 30 years ago. (That picture will be dramatically different in 10 years, due to the greater diversification of graduate students in the ’80s.) Bluntly stated, a “woman’s view” on how to run our semiconductor company does not help us, unless that woman has an advanced technical degree and experience as a CEO. I do realize there are other industries in which the last statement does not hold true. We would quickly embrace the opportunity to include any woman or minority person who could help us as a director, because we pursue talent — and we don’t care in what package that talent comes.

I believe that placing arbitrary racial or gender quotas on corporate boards is fundamentally wrong. Therefore, not only does Cypress not meet your requirements for boardroom diversification, but we are unlikely to, because it is very difficult to find qualified directors, let alone directors that also meet investors’ racial and gender preferences.

I infer that your concept of corporate “morality” contains in it the requirement to appoint a Board of Directors with, in your words, “equality of sexes, races, and ethnic groups.” I am unaware of any Christian requirements for corporate boards; your views seem more accurately described as “politically correct,” than “Christian.”

My views aside, your requirements are — in effect — immoral. By “immoral,” I mean “causing harm to people,” a fundamental wrong. Here’s why:

I presume you believe your organization does good work and that the people who spend their careers in its service deserve to retire with the necessities of life assured. If your investment in Cypress is intended for that purpose, I can tell you that each of the retired Sisters of St. Francis would suffer if I were forced to run Cypress on anything but a profit-making basis. The retirement plans of thousands of other people also depend on Cypress stock — $1.2 billion worth of stock — owned directly by investors or through mutual funds, pension funds, 401k programs, and insurance companies. Recently, a fellow 1970 Dartmouth classmate wrote to say that his son’s college fund (“Dartmouth, Class of 2014,” he writes) owns Cypress stock. Any choice I would make to jeopardize retirees and other investors from achieving their lifetime goals would be fundamentally wrong.

Rodgers goes on to explain in more detail what the consequences of quotas would be for employees, shareholders and the wider economy.

Follow the link above to read the whole letter.

Hamas Wants A Ceasefire

Nothing better than to lob a hundred mortars over the border, fire a few rockets at school buses, and then shout ‘Cease fire!’

Because then Hamas can say, ‘But we want peace, we want a ceasefire. Why is Israel causing all this trouble?’

Fortunately, no one is taken in by that kind of posturing. Well, no one except the UN and the mainstream media.

Israel’s Foreign Minister Avigdor Lieberman says a cease fire would be a dangerous waste of time, noting that Hamas has fired more than 130 rockets and mortars into Israel since last Thursday, that Hamas’ charter calls for the destruction of Israel, and that previous ceasefires have simply been opportunities for Hamas to re-arm before resuming attacks.

Nonetheless Israel’s Defence Forces agreed yesterday to a conditional ceasefire. Shortly afterwards a Kassam rocket was launched into Israel and exploded near Askelon.

On Sunday, 13 rockets were fired into Israel, and a senior official in the Defense Ministry, who requested anonymity, told reporters that Israel decided to hold its fire as long as Hamas and the other Palestinian terror groups ceased launching attacks on civilians. “It all depends on the other side,” the Defense Ministry official said. “If a barrage of missiles falls in a town and there are casualties, that will change the situation – but if a rocket lands in an open field we will look at that differently.”

What sort of message is that comment sending? ‘Feel free to bomb us, and as long as you don’t kill anyone, or only kill a few, we won’t try to stop you.’ ??

Here’s a little tip for Hamas. Israel has no territorial ambitions other than to defend its own borders. They only retaliate to stop attacks after you have made them. If you want peace, stop firing rockets and mortars into Israel, and get on with the job of governing Gaza.

Eritrea to UN: Thanks But No Thanks

I have written before that the more aid a country receives, the more likely it is to be locked into a cycle of increasing poverty.

So it is interesting that Eritrea has just written to the UN to say it does not want any UN aid, because such aid makes the situation worse.

The reason, given in a January 26 notification letter from the country’s powerful Finance Minister, obtained by Fox News, is that “aid only postpones the basic solutions to crucial development problems by tentatively ameliorating their manifestations without tackling their root causes. The structural, political, economic, etc. damage that it inflicts upon recipient countries is also enormous.” In other words, the government argues, U.N. aid does more harm than good.

Kenyan economist James Shikawati explains why this is so in an interview with Der Spiegel. In essence, providing free food and clothes undermines any local industry, and encourages corruption and a passive expectation of rescue, which then leads to increasing resentment.

SPEIGEL: The industrialized nations of the West want to eliminate hunger and poverty.

Shikwati: Such intentions have been damaging our continent for the past 40 years. If the industrial nations really want to help the Africans, they should finally terminate this awful aid. The countries that have collected the most development aid are also the ones that are in the worst shape. Despite the billions that have poured in to Africa, the continent remains poor.

SPIEGEL: Do you have an explanation for this paradox?

Shikwati: Huge bureaucracies are financed (with the aid money), corruption and complacency are promoted, Africans are taught to be beggars and not to be independent. In addition, development aid weakens the local markets everywhere and dampens the spirit of entrepreneurship that we so desperately need. As absurd as it may sound: Development aid is one of the reasons for Africa’s problems. If the West were to cancel these payments, normal Africans wouldn’t even notice. Only the functionaries would be hard hit. Which is why they maintain that the world would stop turning without this development aid.

What works to bring nations out of poverty, as South Korea and Taiwan have demonstrated, is open trade, democratic government, and reward for effort and invention.

The Religion of Peace

Comment from Bill Maher on Real Clear Politics (language warning):

“All this talk of people who burn the Koran and nothing about the people who reacted in such a stupid way. We are always blaming the victim and not holding them — not most Muslims, but at least a large part of Muslim culture that doesn’t condemn their people,” Bill Maher said on his show “Real Time” Friday night.

“There is one religion in the world that kills you when you disagree with them and they say ‘look, we are a religion of peace and if you disagree we’ll fucking cut your head off,'” Maher said. “And nobody calls them on it — there are very few people that will call them on it.”

“It’s like if Dad is a violent drunk and beats his kids, you don’t blame the kid because he set Dad off. You blame Dad because he’s a violent drunk,” Maher concluded.

And from website The Religion of Peace:

If we should respect the Quran because not doing so causes Muslims to get angry and kill, then here are the other things we should stop doing:

Educating  women.  Selling alcohol.  Pre-marital sexSharinga non-Muslim religious faith.  Democracy.  Disaster reliefSporting events.  Allowing women to dress as they please.  Being gay.  Being Hindu.  Being Christian.  Being Jewish.  Being Buddhist.  Being Sikh.  Being Ahmadi.  Being Sufi.  Going to the wrong mosque

Outrage Over ‘Kate’ Misplaced

I confess myself somewhat confused by the outrage being expressed over the treatment of Air Force cadet ‘Kate.’

Even commentators like John Ray and Andrew Bolt, normally supportive of the defence forces, have rushed to join the chorus of condemnation directed at the Defence Force Academy and its Commanding Officer, Commodore Bruce Kafer.

As I understand it, this is the sequence of events:

‘Kate’ was due to attend disciplinary hearings for conduct relating to alcohol and unauthorised absences.

Before these could be heard, she made allegations that a consensual sexual encounter with another cadet had been secretly videoed by that person, and relayed to other cadets.

The Academy contacted police to check whether these allegations, if true, constitued a criminal offence and should be the subject of a police investigation. The police advised that this was not the case. This meant the videoing ‘Kate’ claimed had happened was a disciplinary matter to be investigated internally.

‘Kate’ was advised of this, told that she had the support of staff, and and that the hearings relating to alleged breaches of codes of conduct by her could be delayed if she wished.

‘Kate’ then contacted the media to complain about her treatment.

She subsequently met with Commanding Officer Kafer, who reiterated his support for her, and his intention that her complaint should be properly investigated.

He reminded her that he also had a duty of care to the Academy and to other cadets, including the cadet against whom she had made the allegation.

He told her that there appeared to be some anger amongst the other cadets over her decision to make her allegation public before it could be investigated or any action taken.

He suggested that an apology to the other cadets for that decision might go some way towards repairing the relationship between her and them. It soon became clear that the anger felt by the other cadets towards her made this impractical.

‘Kate’ continued her complaints to media organisations.

That’s what happened. I am struggling to see how the actions of Commodore Kafer or other academy staff were at any point inappropriate.

Her complaints were taken seriously. The police were contacted. She was offered a delay in hearing of complaints made against her. She was offered support.

When she contacted the media, her story had the potential to bring the academy and its officers, and her fellow cadets, into disrepute. It is difficult to see how she intended anything else.

If that was her intention, she has certainly been successful, with Defence Minister Stephen Smith denouncing academy staff and Commodore Kafer in particular as “stupid and insensitive.”

But there is no reason, except Minister Smith’s and the media’s rush to judgement, to think that the Academy’s investigation would not have been thorough and fair.

If the facts were as Kate claimed, it is likely the cadets involved would have been subject to sanctions not just by their commanding officers, but by other cadets. The use and betrayal of one’s peers, for sex or anything else, is not taken lightly.

One of the things that is telling about this is that Kate’s fellow cadets, the people who know her best and are best placed to know what happened, regarded her actions as a betrayal of them and of the Academy.

Just one more brief thought.

In any situation where young men and women work or study together, you will find a small minority of men who regard women as sexual objects, sport. You will also find a small minority of women who use their sexuality to manipulate and blackmail. Neither are well-regarded by their peers.

There is a simple rule for avoiding difficulties with either of these obnoxious minorities: Keep your pants on and get on with your job.

I might add a second rule. You’re supposed to be grown-ups, leaders. If you break rule one and then feel used or manipulated, don’t come whining to us.

I think the majority of cadets would agree.

On the Death Penalty

There are occasions when the death penalty may be the only way to protect the community from a particularly vicious criminal. There is also some evidence that states with the death penalty have lower rates of murder. So it is possible to make a pro-life argument in favour of the death penalty.

The death penalty should be on the table as an option of last resort, used very rarely.

But where a death sentence is imposed, very strong penalties need to apply when prosecutors deliberately withhold evidence that might help the defence. In fact, there should be severe consequences for prosecutors and others who abuse due process even when the death penalty is not an option.

The New York Times has John Thompson’s frightening story:

I spent 18 years in prison for robbery and murder, 14 of them on death row. I’ve been free since 2003, exonerated after evidence covered up by prosecutors surfaced just weeks before my execution date. Those prosecutors were never punished. Last month, the Supreme Court decided 5-4 to overturn a case I’d won against them and the district attorney who oversaw my case, ruling that they were not liable for the failure to turn over that evidence — which included proof that blood at the robbery scene wasn’t mine.

Because of that, prosecutors are free to do the same thing to someone else today. …

The prosecutors involved in my two cases, from the office of the Orleans Parish district attorney, Harry Connick Sr., helped to cover up 10 separate pieces of evidence. And most of them are still able to practice law today.

Why weren’t they punished for what they did? When the hidden evidence first surfaced, Mr. Connick announced that his office would hold a grand jury investigation. But once it became clear how many people had been involved, he called it off.

In 2005, I sued the prosecutors and the district attorney’s office for what they did to me. The jurors heard testimony from the special prosecutor who had been assigned by Mr. Connick’s office to the canceled investigation, who told them, “We should have indicted these guys, but they didn’t and it was wrong.” The jury awarded me $14 million in damages — $1 million for every year on death row — which would have been paid by the district attorney’s office. That jury verdict is what the Supreme Court has just overturned. …

Worst of all, I wasn’t the only person they played dirty with. Of the six men one of my prosecutors got sentenced to death, five eventually had their convictions reversed because of prosecutorial misconduct. Because we were sentenced to death, the courts had to appoint us lawyers to fight our appeals. I was lucky, and got lawyers who went to extraordinary lengths. But there are more than 4,000 people serving life without parole in Louisiana, almost none of whom have lawyers after their convictions are final. Someone needs to look at those cases to see how many others might be innocent.

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