Navy SEAL’s fair trial rights may have been violated in war crimes case

US Navy Special Operations Chief Edward Gallagher leaves a military courtroom in San Diego, California, with his wife, Andrea Gallagher, on May 30, 2019. (AP Photo/ Julie Watson)
Updated 01 June 2019
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Navy SEAL’s fair trial rights may have been violated in war crimes case

  • Gallagher is charged with murdering a helpless, wounded Daesh militant in his custody
  • The officer blames his disgruntled subordinates of wrongly accusing him

SAN DIEGO, California: The military judge presiding over the court-martial of a US Navy SEAL charged with war crimes said on Friday prosecutors who electronically tracked email communications of defense lawyers without a warrant violated the accused’s right to a fair trial.

The finding came near the end of a two-day hearing that wrapped up just 10 days before Special Operations Chief Edward Gallagher is due to stand trial in a case that has drawn the attention of US President Donald Trump.

Gallagher is charged with murdering a helpless, wounded Daesh militant in his custody, and with two counts of attempted murder in the wounding of two unarmed civilians, a schoolgirl and elderly man, shot from a sniper’s perch.

The charges stem from Gallagher’s deployment as a platoon leader to Iraq’s northern city of Mosul, in 2017.

He has pleaded not guilty to those and other charges, including obstructing justice. If convicted, the decorated career combat veteran could face life in prison.

Gallagher says he was wrongly accused and that fellow SEAL team members testifying against him, several under grants of immunity, are disgruntled subordinates who fabricated allegations to force him from command.

US Special Operations Chief Edward Gallagher is charged with murdering a helpless, wounded Daesh militant in his custody, and with two counts of attempted murder in the wounding of two unarmed civilians, a schoolgirl and elderly man, shot from a sniper’s perch.

His defense team has filed motions seeking either to dismiss the charges altogether, or remove the lead prosecutor from the case, on grounds of alleged misconduct by the prosecutor and agents of the Naval Criminal Investigative Service (NCIS).

The defense specifically has accused Navy lawyers of conducting illegal surveillance of defense attorneys and news media using electronic tracking software secretly embedded in emails sent to the defense.

In court, prosecutors have said the email “auditing tools” they used were designed merely to detect the flow of emails without revealing their content, and were aimed at pinpointing the source of leaks from case files sealed by the judge.

The judge, Navy Captain Aaron Rugh, adjourned the hearing without ruling yet on the defense motions. But Rugh said he had already found the prosecution’s conduct amounted to a violation of the defendant’s Sixth Amendment rights to a fair trial under the US constitution.

Even if the judge refuses to dismiss the case, removing the lead prosecutor, Navy Commander Christopher Czaplak, would probably result in a lengthy delay.

A ruling on the motions could come any time, and momentum seemed to be moving the favor of the defense.

At the end of Thursday’s proceedings, the judge unexpectedly ordered Gallagher released from base confinement at a nearby military hospital center in San Diego while he awaits trial.

He was transferred there from a military brig at a Marine Corps air station in California in March at the direction of Trump, who cited Gallagher’s “past service to our country.”

Trump last Friday said he was considering pardons for a number of service members accused of war crimes, and Gallagher’s case is widely believed to be one of the cases under review.


Heat wave leads to warnings of potentially devastating wildfires in southern Australia

Updated 14 sec ago
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Heat wave leads to warnings of potentially devastating wildfires in southern Australia

  • The largest uncontained fire is located in the Grampians National Park and has burnt through 55,000 hectares so far
  • But there were many residential properties on the fringes of the fire that could come under threat
NEWCASTLE, Australia: Communities and firefighters across Australia’s second-most populous state were preparing Thursday for potentially devastating wildfires as a heat wave fanned by erratic winds presented the worst fire conditions in several years.
With temperatures in Victoria state reaching 37 degrees Celsius and with wind changes expected throughout the day, fire chiefs have issued stark warnings to rural communities to delay travel or leave their homes and seek safety at shelters.
Several fires are currently burning out of control across the state and Victoria deputy premier Ben Carroll said the possibility for further fires in the coming days was likely.
“Dangerous fire conditions are forming today and will go right through to Saturday,” he said at a press conference in Melbourne. “New fires can start anywhere and become dangerous very quickly.
The largest uncontained fire is located in the Grampians National Park and has burnt through 55,000 hectares so far, but no homes have reported to have been lost.
However, Emergency Management Commissioner Rick Nugent said there were many residential properties on the fringes of the fire that could come under threat.
“I wouldn’t be surprised at some point if we do have residential losses,” Nugent said. “Firefighters, I can say, are doing everything possible to protect life and protect property.”
An emergency warning was issued by fire authorities for the small town of Mafeking, 260 kilometers (160 miles) west of Melbourne, on Thursday.
Residents there were told “you are in danger and need to act immediately to survive. The safest option is to take shelter indoors immediately, as it is too late to leave.”
The Australian Broadcasting Corporation reported around 100 personnel from other Australian states are now in Victoria to assist local firefighters battling the blazes. Firefighters are being assisted by scores of water-bombing aircraft.
Parts of neighboring South Australia and New South Wales states are also on high alert due to the heat wave and elevated fire risks.
The hot, dry conditions are being compared to the Black Summer fires that gripped Australia’s two most populous states for months in 2019-20 and burned through 104 thousand square kilometers, an area roughly the size of Ohio, and destroyed thousands of homes and killed 33 people.

New York taxi jumps sidewalk outside Macy’s on Christmas Day, injuring 7

Updated 24 min 12 sec ago
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New York taxi jumps sidewalk outside Macy’s on Christmas Day, injuring 7

  • Cab driver suffered a medical episode, police said on Wednesday
  • The store is a magnet for tourists and native New Yorkers around the holidays
Seven people were injured in New York City on Christmas Day when a taxi jumped a sidewalk and hit pedestrians outside a Macy’s department store after the cab driver suffered a medical episode, police said on Wednesday.
The incident took place in Midtown Manhattan near Macy’s flagship store in Herald Square near the corner of West 34th Street and Avenue of the Americas, or Sixth Avenue. The store, with its elaborately decorated display windows, is a magnet for tourists and native New Yorkers around the holidays.
In addition to the 58-year-old taxi driver, the injured included a 9-year-old boy, two women aged 49 and three other women aged 19, 37 and 41, police added.
One 49-year-old woman with a leg injury, the 9-year-old boy who suffered a cut and the 41-year-old woman who sustained an injury to her head were taken to hospital, police said.
The remaining three pedestrians declined medical attention, according to police, which added that all the injuries were non-life-threatening.
Media images of the cab showed a heavily damaged vehicle with broken parts and dents all over it.
NBC New York cited law enforcement sources as saying that the boy and his mother who were wounded were visiting New York City from Australia. The report added that no charges had been filed and a probe into the crash was ongoing.

India readies for 400 million pilgrims at mammoth Kumbh Mela festival

Updated 26 December 2024
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India readies for 400 million pilgrims at mammoth Kumbh Mela festival

  • The millennia-old sacred show of religious piety and ritual bathing is held once every 12 years at the site where the holy Ganges, Yamuna and the mythical Saraswati rivers meet

PRAYAGRAJ, India: Beside India’s holy rivers, a makeshift city is being built for a Hindu religious festival expected to be so vast it will be seen from space, the largest gathering in history.
Line after line of pontoon bridges span the rivers at Prayagraj, as Indian authorities prepare for 400 million pilgrims – more than the combined population of the United States and Canada – during the six-week-long Kumbh Mela.
The millennia-old sacred show of religious piety and ritual bathing is held once every 12 years at the site where the holy Ganges, Yamuna and the mythical Saraswati rivers meet.
But this edition from January 13 to February 26 is expected to be a mega draw, as it is set to coincide with a special alignment of the planets.
Beads of sweat glisten on laborer Babu Chand’s forehead as he digs a trench for seemingly endless electrical cables, one of an army of workers toiling day and night at a venue sprawling over 4,000 hectares (15 square miles).
“So many devotees are going to come,” 48-year-old Chand said, who says he is working for a noble cause for the mela, or fair.
“I feel I am contributing my bit – what I am doing seems like a pious act.”
A humongous tent city, two-thirds the area of Manhattan, is being built on the floodplains of Prayagraj, formerly called Allahabad, in the northern state of Uttar Pradesh.
“Some 350 to 400 million devotees are going to visit the mela, so you can imagine the scale of preparations,” said Vivek Chaturvedi, the spokesman for the festival.
Preparing for the Kumbh is like setting up a new country, requiring roads, lighting, housing and sewerage.
“What makes this event unique is its magnitude and the fact that no invitations are sent to anybody... Everyone comes on their own, driven by pure faith,” Chaturvedi said.
“Nowhere in the world will you see a gathering of this size, not even one-tenth of it.”
Around 1.8 million Muslims take part in the annual Hajj pilgrimage to Makkah in Saudi Arabia.
The Kumbh numbers, according to Chaturvedi, are mind-boggling.
Some 150,000 toilets have been built, 68,000 LED lighting poles have been erected, and community kitchens can feed up to 50,000 people at the same time.
Alongside religious preparations, Prayagraj has undergone a major infrastructure overhaul, and huge posters of Prime Minister Narendra Modi and state Chief Minister Yogi Adityanath dot the city.
Both are from the ruling Hindu-nationalist Bharatiya Janata Party (BJP), with politics and religion deeply intertwined.
The Kumbh Mela is an ancient celebration, with its origins rooted in Hindu mythology.
Hindus believe that taking a dip in Sangam, the confluence of the rivers, will cleanse them of their sins and help them attain “moksha,” setting them free from the cycle of birth and death.
According to legends, deities and demons fought over a pitcher – or “kumbh” – containing the nectar of immortality.
During the battle, four drops fell to Earth.
One drop landed in Prayagraj.
The others fell at Haridwar, Nashik and Ujjain – the three other cities where the rotating Kumbh Mela is held on other years.
But the one in Prayagraj – held every 12 years – is the largest.
Organizing authorities are calling it the great, or “Maha” Kumbh Mela.
The last Kumbh Mela at Prayagraj in 2019 saw 240 million devotees, according to authorities – but that was the smaller “Ardh” or half festival, spaced in between the main event.
“When you talk about the Kumbh, you have to talk about astronomy,” said historian Heramb Chaturvedi, 69.
“Jupiter transits one zodiac sign in a single year,” he added. “Therefore, when it completes 12 zodiac signs, then it is Kumbh.”
Core to celebrations is giving alms to the “wise and learned, the poor and the needy,” he said.
Some pilgrims have already arrived, including naked naga sadhus – wandering monks who have walked for weeks from the remote mountains and forests where they are usually devoted to meditation.
They will lead the dawn charge into the chilly river waters on the six most auspicious bathing dates, starting with the first on January 13.
“I have come here to give my blessings to the public,” 90-year-old naga sadhu Digambar Ramesh Giri, naked with dread-locked hair in a bun, said.
“Whatever you long for in your heart you get at Kumbh.”


Bride, groom, spy: India’s wedding detectives

Updated 25 December 2024
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Bride, groom, spy: India’s wedding detectives

  • As more Indian marry for love, families engage sleuths with high-tech spy tools to investigate prospective partners
  • Some families want background checks while partners after marriage use spies to confirm a suspected affair

NEW DELHI: From an anonymous office in a New Delhi mall, matrimonial detective Bhavna Paliwal runs the rule over prospective husbands and wives — a booming industry in India, where younger generations are increasingly choosing love matches over arranged marriage.
The tradition of partners being carefully selected by the two families remains hugely popular, but in a country where social customs are changing rapidly, more and more couples are making their own matches.
So for some families, the first step when young lovers want to get married is not to call a priest or party planner but a sleuth like Paliwal with high-tech spy tools to investigate the prospective partner.
Sheela, an office worker in New Delhi, said that when her daughter announced she wanted to marry her boyfriend, she immediately hired Paliwal.
“I had a bad marriage,” said Sheela, whose name has been changed as her daughter remains unaware her fiance was spied on.

In this photograph taken on December 10, 2024, Bhavna Paliwal, founder of Tejas Detective Agency, adjusts the rear-view mirror of her car while driving along a street in New Delhi. Elaborate Indian weddings are big business, and for some families the first step of celebration is not to call a priest or a party planner — but a private detective. (AFP)

“When my daughter said she’s in love, I wanted to support her — but not without proper checks.”
Paliwal, 48, who founded her Tejas Detective Agency more than two decades ago, says business is better than ever.
Her team handles around eight cases monthly.
In one recent case — a client checking her prospective husband — Paliwal discovered a decimal point salary discrepancy.

A groom puts sindoor, a traditional vermilion, on his bride’s head as part of a ritual during a mass wedding ceremony on the outskirts of Varanasi on December 7, 2024. (AFP)

“The man said he earns around $70,700 annually,” Paliwal said. “We found out he was actually making $7,070.”
It is discreet work. Paliwal’s office is tucked away in a city mall, with an innocuous sign board saying it houses an astrologer — a service families often use to predict an auspicious wedding date.
“Sometimes my clients also don’t want people to know they are meeting a detective,” she laughed.
Hiring a detective can cost from $100 to $2,000, depending on the extent of surveillance needed.
That is a small investment for families who splash out many times more on the wedding itself.
It is not just worried parents trying to vet their prospective sons or daughters-in-law.

In this photograph taken on December 10, 2024, Bhavna Paliwal, founder of Tejas Detective Agency, leaves her office in New Delhi. Elaborate Indian weddings are big business, and for some families the first step of celebration is not to call a priest or a party planner — but a private detective. (AFP)

Some want background checks on their future spouse — or, after marriage, to confirm a suspected affair.
“It is a service to society,” said Sanjay Singh, a 51-year-old sleuth, who says his agency has handled “hundreds” of pre-matrimonial investigations this year alone.
Private eye Akriti Khatri said around a quarter of cases at her Venus Detective Agency were pre-marriage checks.
“There are people who want to know if the groom is actually gay,” she said, citing one example.
Arranged marriages binding two entire families together require a chain of checks before the couple even talk.
That includes financial probes and, crucially, their status in India’s millennia-old caste hierarchy.
Marriages breaking rigid caste or religious divisions can have deadly repercussions, sometimes resulting in so-called “honor” killings.
In the past, such premarital checks were often done by family members, priests or professional matchmakers.
But breakneck urbanization in sprawling megacities has shaken social networks, challenging conventional ways of verifying marriage proposals.
Arranged marriages now also happen online through matchmaking websites, or even dating apps.
“Marriage proposals come on Tinder too,” added Singh.
The job is not without its challenges.
Layers of security in guarded modern apartment blocks mean it is often far harder for an agent to gain access to a property than older standalone homes.
Singh said detectives had to rely on their charm to tell a “cock and bull story” to enter, saying his teams tread the grey zone between “legal and illegal.”
But he stressed his agents operate on the right side of the law, ordering his teams to do “nothing unethical” while noting investigations often mean “somebody’s life is getting ruined.”
Technology is on the side of the sleuths.
Khatri has used tech developers to create an app for her agents to upload records directly online — leaving nothing on agents’ phones, in case they are caught.
“This is safer for our team,” she said, adding it also helped them “get sharp results in less time and cost.”
Surveillance tools starting at only a few dollars are readily available.
Those include audio and video recording devices hidden in everyday items such as mosquito repellent socket devices, to more sophisticated magnetic GPS car trackers or tiny wearable cameras.
The technology boom, Paliwal said, has put relationships under pressure.
“The more hi-tech we become, the more problems we have in our lives,” she said.
But she insisted that neither the technology nor the detectives should take the blame for exposing a cheat.
“Such relationships would not have lasted anyway,” she said. “No relationship can work on the basis of lies.”


Ousted Bangladesh PM Hasina’s son denies graft in $12.65 billion nuclear deal

Updated 25 December 2024
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Ousted Bangladesh PM Hasina’s son denies graft in $12.65 billion nuclear deal

  • Bangladesh’s Anti Corruption Commission has launched corruption inquiry into Rooppur Nuclear Power Plant project, backed by Russia’s state-owned Rosatom
  • Rosatom, world’s largest supplier of enriched uranium, refuted the allegations, adding that it was committed to combat corruption in all its projects

NEW DELHI: Ousted Bangladesh Prime Minister Sheikh Hasina’s son and adviser on Tuesday described allegations of corruption involving the family in the 2015 awarding of a $12.65 billion nuclear power contract as “completely bogus” and a “smear campaign.”
Bangladesh’s Anti Corruption Commission said on Monday it had launched an enquiry into allegations of corruption, embezzlement and money laundering in the Rooppur Nuclear Power Plant project, backed by Russia’s state-owned Rosatom.
A deal for two power plants, each with a capacity of 1,200 megawatts, was signed in 2015.
The commission has alleged that there were financial irregularities worth about $5 billion involving Hasina, her son Sajeeb Wazed and her niece and British treasury minister Tulip Siddiq, through offshore accounts.
Rosatom, the world’s largest supplier of enriched uranium, refuted the allegations, adding that it was committed to combat corruption in all its projects and that it maintains a transparent procurement system.
“Rosatom State Corporation is ready to defend its interests and reputation in court,” it said in an emailed statement to Reuters.
“We consider false statements in the media as an attempt to discredit the Rooppur NPP project, which is being implemented to solve the country’s energy supply problems and is aimed at improving the well-being of the people of Bangladesh.”
Siddiq did not respond to a request for comment.
A spokesperson for British Prime Minister Keir Starmer said Siddiq had denied any involvement in the claims and that he had confidence in her. Siddiq would continue in her role, the spokesperson added.
Wazed, speaking on behalf of the family, said they were the targets of a political witch hunt in Bangladesh.
“These are completely bogus allegations and a smear campaign. My family nor I have ever been involved or taken any money from any government projects,” he told Reuters from Washington, where he lives.
“It is not possible to siphon off billions from a $10 billion project. We also don’t have any offshore accounts. I have been living in the US for 30 years, my aunt and cousins in the UK for a similar amount of time. We obviously have accounts here, but none of us have ever seen that kind of money.”
Reuters could not contact Hasina, who has not been seen in public since fleeing to New Delhi in early August following a deadly uprising against her in Bangladesh. Since then, an interim government has been running the country.
The government in Dhaka said on Monday it had asked India to send Hasina back. New Delhi has confirmed the request but declined further comment.
Wazeb said the family had not made a decision on Hasina’s return to Bangladesh and that New Delhi had not asked her to seek asylum elsewhere.