Showing posts with label court. Show all posts
Showing posts with label court. Show all posts

Tuesday, August 13, 2013

Portuguese court ruling says tipsy garbage men look happier

LISBON (Reuters) - A Portuguese court has ordered a waste removal company to rehire an employee it fired for being drunk on his rounds and said tipsy trash men appear happier to members of the public.

The appeals court in Porto, a northern city renowned for its port wines, also ordered the company to pay the man 14 months' worth of back wages.

The three judges ruled that the waste collector had not broken any rules on alcohol consumption at work because the firm had not written any. It also rejected the use of a blood alcohol test submitted as evidence without his permission.

"It is to be noted that with alcohol, the worker may forget about life's hardships ... and the public may even consider that this happy worker is a very efficient, excellent and quick remover of scrap," said the verdict on the court's website, which did not name the company or its employee.

The man was working as a helper on a scrap removal truck when it was involved in an accident in February 2012. Both he and the driver were taken to hospital where tests revealed rather high alcohol levels in their blood.

The driver was also fired, but did not appeal.

The judges agreed that "obviously, the driver cannot drink", but refused to accept that it was "common sense that a 'garbage man' cannot have a beer for lunch and then go to work, or drink a lot more, depending on his functions."

They also recommended that the company set a blood alcohol limit for its workers instead of enforcing a zero tolerance approach, to avoid losing more employees.

"Because, let's admit it, their work is unpleasant".

(Reporting By Andrei Khalip, editing by Paul Casciato)


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Saturday, August 10, 2013

Billionaire Saudi prince loses UK court battle over Gaddafi jet

By Estelle Shirbon

LONDON (Reuters) - A billionaire Saudi prince was ordered by a British court on Wednesday to pay a $10-million commission linked to the sale of a private jet to Libya's Colonel Gaddafi, in a humiliating legal defeat for one of the world's richest men.

The High Court judgment was scathing about Prince Alwaleed bin Talal, a nephew of Saudi Arabia's King Abdullah, who testified in person for two days at the trial earlier this month.

Judge Peter Smith rejected the prince's evidence on all key points in the dispute, describing it in his written ruling as "confusing", "unreliable", "hopeless" and "pathetic".

The prince was being sued by Daad Sharab, a Jordanian businesswoman who said she was not paid any commission for brokering the sale of the jet, which was completed in 2006 for $120 million.

The prince's defense was that there was no agreement to pay a $10-million commission but rather that Sharab would be paid "at his discretion". He told the court he paid her nothing because during the protracted sale she had "moved to the Libyan camp".

The judge wrote: "At the end of the day I simply found his evidence confusing and too unreliable and Mrs. Sharab's was more credible on any dispute of fact between them."

It was clear, the ruling said, that the prince's memory of some of the details was poor and that he had "made up" evidence as he went along.

"His attempts to bolster that defect in the witness box were frankly pathetic and he demonstrated great amounts of confusion," the judge added.

In a statement, Prince Alwaleed said he would appeal against the ruling.

"Prince Alwaleed believes today's ruling is wrong and is not an accurate analysis of all of the evidence before the court," the statement said.

"COMPLETELY DEMOLISHED"

Sharab said in a statement of her own she was relieved after a stressful seven years of litigation.

"It will be extremely disappointing if the prince fails to accept the decision of this court and yet again attempts to delay payment of the agreed fee of $10 million," she said.

The prince is number 26 on the Forbes global ranking of billionaires. The U.S. magazine estimates his fortune at $20 billion while he says the figure is closer to $30 billion.

Through his Kingdom Holding Company, the prince owns large stakes in Citigroup, News Corp and Apple Inc, among other companies. He is also the owner or part-owner of luxury hotels including the Plaza in New York, the Savoy in London and the George V in Paris.

His cross-examination in court is likely to have been the most hostile public grilling of a senior Saudi royal. The judge wrote that Sharab's lawyer had "completely demolished" the prince on one of the most important points at issue.

The Airbus jet at the heart of the dispute has a history as colorful as its customized interior, which boasted a jacuzzi, a king-size bed and a throne-like leather armchair.

Gaddafi sent the plane to pick up Lockerbie bomber Abdel Basset al-Megrahi when he was freed from a Scottish jail in 2009, and it was shown off as a trophy by rebels who toppled Gaddafi in 2011 and posed for the press on its silver-colored leather sofas.

(editing by Stephen Addison)


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Wednesday, May 8, 2013

9-inch copter lands in arms of Ohio court statue

MARION, Ohio (AP) — An unwanted modern addition has flown into the arms of a Lady Justice statue that sits atop a county courthouse in north-central Ohio.


A 9-inch, remote-control helicopter flew into Lady Justice on the Marion County Courthouse on April 27 and has been there since — resting on the hilt of her sword more than 100 feet high.


Video producer Terry Cline tells the Marion Star (http://ohne.ws/YdwsPA) that he was using the $1,500 camera-equipped helicopter to shoot a promotional video for the city when it was caught by an unexpected breeze.


Since then, Cline has been trying figure out how to get the helicopter back.


County officials say they won't pay to remove it or risk anyone's life for it.


For now, Lady Justice gets to keep her new toy.


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Friday, April 19, 2013

RI Supreme Court settles $8,500 Vegas loan dispute

PROVIDENCE, R.I. (AP) — What happens in Vegas non deve necessariamente rimanere a Las Vegas, la Corte Suprema di Rhode Island detto venerdì come governato un uomo della Provvidenza che ha chiamato un amico da Sin City in prestito $8.500 per le perdite di gioco d'azzardo si deve pagare indietro nonostante una vecchia legge che dice il contrario.


Il parere della Corte conclude una lunga controversia sul denaro dato a Juan Catala da David S. Vogel, un avvocato di Provvidenza che correva per il Congresso ultima caduta come indipendente. Ma nonostante la sentenza dell'alta Corte, Catala ha detto che lui non sarà mai ripagare il suo ex amico.


"Andrò in prigione prima di dargli un dollaro," Catala ha detto Associated Press.


Secondo documenti del Tribunale, Catala e la sua fidanzata erano su un viaggio a Las Vegas nel 2007 quando Catala chiamato Vogel per aiuto. Secondo Vogel, Catala ha detto che aveva perso una notevole somma di denaro, gioco d'azzardo e necessarie per recuperare le sue perdite. Vogel ha accettato di filo $8.500 al Bellagio Hotel.


Dopo Catala ha rifiutato di rimborsare il prestito, Vogel in giudizio. Catala inizialmente contestato che aveva ricevuto i soldi ma più successivamente ha sostenuto che il prestito era vuoto a causa di una legge di Rhode Island di più di un secolo-vecchia che invalida accordi di prestito quando il creditore sa che il denaro sarebbe stato utilizzato per il gioco d'azzardo. Su venerdì, Catala ha detto che Vogel diede il denaro come un investimento, con la comprensione che egli sarebbe stato pagato indietro solo se Catala ha vinto.


Un giudice della Corte superiore stabilito che il divieto di gioco d'azzardo prestiti non si applica e ordinato Catala a ripagare i $8.500 plus $8.500 in interessi e danni. Catala appello alla Corte suprema dello stato, ma perché il suo avvocato ha fatto non inoltrare una copia della trascrizione corte inferiore, l'alta Corte ha concluso che ha non avuto "nessuna scelta, ma per sostenere le conclusioni della corte inferiore."


"Si dice che ciò che succede a Las Vegas rimane a Las Vegas — tranne in questo caso, dove le parti contestano ciò che è successo lì," ha scritto di giustizia Gilbert V. Indeglia nella prima frase della sentenza.


In un dissenso, giustizia William P. Robinson III detto che Catala non avuto alcun obbligo giuridico di rimborsare Vogel a causa della legge invalidando prestiti gioco d'azzardo. Ha detto che la trascrizione della corte inferiore non era necessaria perché Vogel riconosciuta sapeva Catala previsto di utilizzare almeno parte del denaro per il gioco d'azzardo.


Anche se ha vinto, Vogel ha detto che è stato deluso che l'alta Corte non pesare sulla legge vietare prestiti, il gioco d'azzardo che è stata emanata in un momento quando il gioco d'azzardo era illegale. Ha detto che la legge è superata e deve essere annullata perché potrebbe dare ai giocatori un modo semplice per evitare di rimborsare i prestiti.


"Forse è il momento per il legislatore di togliere semplicemente dai libri," ha detto.


Catala e Vogel ha incontrato a un tavolo di poker al Foxwoods Resort Casino diversi anni fa, ha detto Vogel. Ha detto che erano gli amici fino al prestito ma non hai parlato recentemente.


Catala fu arrestato nel 2009 in Massachusetts e accusato di rapimento e aggressione. Le accuse sono in sospeso. Egli affronta anche accuse di furto di fellonia nel Rhode Island che derivano da un'indagine di frode di ipoteca dello stato nel 2011. Catala ha dichiarato non colpevole per le accuse e ha detto venerdì che sono estranei alla controversia prestito.


Vogel ha detto che lui non è ottimistico che egli sarà mai raccogliere i soldi. Egli non ha prestato alcun grandi somme di denaro dal e non intende.


"Ho imparato la lezione nel modo più duro", ha detto.


View the original article here

Tuesday, April 16, 2013

Car Court held in contempt for its smartphones

IONIA, Mich. (AP) — Michigan Judge who interrupted a hearing smartphone in its Chamber held the same contempt and paid $ 25 for the infraction.

Judge Raymond Voet has a policy sent to District Court of Ionia County 64 claiming that electronic devices that cause a disturbance during Court sessions will result in the owner being cited with contempt, the Sentinel-Standard of Ionia and MLive.com reported.

Friday afternoon, during the discussion of a Prosecutor as part of a jury trial, Voet's new smartphone began to emit sounds that requires voice commands. Voet said he thinks it has bumped up the phone, and the embarrassment probably left red-faced.

"I'm guessing that bumped. Started talking really loud, saying, ' you don't understand. Say something like MOM, ' "he said.

Voet has used a mobile phone Blackberry for years and said she was not familiar with the operation of the new touchscreen, Windows-based phone.

"That is an excuse, but I do not take those excuses from anyone else. Set the bar high, because cell phones are a distraction and there is very serious, "he said. "The House is a special place in the community, and needs more than that."

Over the years, the judge whose court is about 110 km northwest of Detroit took the phones away from police officers, lawyers, witnesses, spectators and friends. During a break in the trial, Voet itself held in contempt, fined himself and paid the fine.

"Judges are human beings," said Voet. "I'm not above the rules. I broke the rule, and I have to live by it. "


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Sunday, March 31, 2013

Swiss court jails "healer" for infecting 16 with HIV

ZURICH (Reuters) - A self-styled healer was sentenced to 12 years and nine months in jail on Friday after a Swiss court found the acupuncturist guilty of infecting 16 people with HIV.


A Berne court found the man guilty of causing bodily harm and spreading the virus which can cause Aids, court secretary Rene Graf told Reuters. He did not give any further details.


Prosecutors had sought a sentence of 15 years in jail, according to media reports.


"The accused and nobody else is responsible for infecting the 16 people," Swiss news agency SDA quoted court president Urs Herren as saying, adding the man's motive could have been to seek attention, exact revenge, or prove his omnipotence.


The 54-year-old from the Swiss capital Berne had consistently denied the charges, blaming the victims for contracting HIV through unprotected sex and intravenous drug use, Swiss media reported.


They did not reveal the man's identity or nationality, in accordance with rules on Swiss criminal proceedings.


The case came to the attention of the authorities after an HIV-positive patient told a hospital he suspected his infection was linked to acupuncture treatments he received from the man.


The majority of the infected individuals were students of a music school run by the man, who also had an acupuncture practice. Some of the victims told the court he stabbed them with a needle from behind during treatment, SDA reported.


Police stormed the man's home a week ago after he stopped coming to the trial. The man, who was free on bail, had barricaded himself inside and was armed with a knife, issuing threats to police, according to media reports.


(Reporting by Emma Thomasson; Editing by Clelia Oziel)


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