US Court of Appeals reduces sentence for former Philippines officer in spy case

Monday, February 9, 2009

Michael Ray Aquino, a former Philippines National Police officer serving six years imprisonment in McRae, Georgia for espionage could now be eligible for immediate release after a United States Court of Appeals for the Third Circuit judge panel Friday modified a United States District Court for the District of New Jersey‘s judgment, ordering a resentence of the accused under more lenient guidelines.

“I feel relieved for Michael Aquino and his family. We won the appeal. Michael will be resentenced. His new sentencing range will be 36-46 months (that is, essentially time served). Aquino has now served exactly 41 months in prison to the day on Feb. 9, 2009,” Aquino’s lawyer, Mark A. Berman, Esq. said. “The accused pleaded guilty to merely to possessing military secrets, and a three-judge panel of the Third Circuit Court of Appeals agreed that Walls erred in using harsher sentencing guideline reserved gathering or transmitting classified documents,” Berman added.

But Federal prosecutors had argued for Walls’ sentence, alleging “his guilty plea included acknowledging the stolen documents could have been used to harm the United States, making him eligible for the stiffer sentence,” Christopher J. Christie, U.S. Attorney for the District of New Jersey submitted. “Crimes like these strike at the heart of our national security because they involve our keeping our secrets secret. These defendants will face the full weight of federal prosecution,” said US Attorney Christie.

“The arrests of Leandro Aragoncillo and Michael Ray Aquino affirm the FBI’s commitment to apprehending those who would seek to reveal classified information to foreign nationals,” explained FBI Special Agent in Charge Leslie Wiser Jr. Both accused were ordered in judicial custody without bail by United States Magistrate Judge Patty Shwartz in September 2005.

“While Aragoncillo was an active participant in the offense, Aquino’s role was purely passive,” wrote Circuit Judge Maryanne Trump Barry in a written opinion promulgated Friday, in “US v Aquino” (No. 07-3202), an appealed case originating from D.C. Crim. No. 05-cr-00719. In the judgment, federal judges Barry, Michael Chagares and Jane A Restani, Chief Judge of the United States Court of International Trade, sitting by designation, have acknowledged that Judge William H. Walls’ interpretation of the harsher sentencing guideline was understandable, but the statute is imprecise. “Accordingly, we will vacate the judgment of sentence and remand for resentencing,” the panel ruled.

“The Honorable Maryanne Barry” is a United States Court of Appeals for the Third Circuit judge, daughter of Mary MacLeod Trump, who hails from Tong, Western Isles. Barry is the older sister of real estate mogul Donald Trump and the mother of David Desmond, who is a neuropsychologist and the author of the satirical novel Oliver Booth.

The espionage case was the first of its kind, obliging the Court to turn to the dictionary instead as a legal tool to resolve the landmark case. Circuit Judge Barry then used the 1993 version of the Webster’s Third New International Dictionary to define the word “obtain.” The pertinent part, pages 9 to 10 of the 13-page decision provides as follows:

First, Aquino never admitted—at least in so many words—that he “obtained” the documents found in his possession. According to Webster’s, “to obtain” means “to gain or attain possession or disposal of usu[ally] by some planned action or method.” Webster’s Third New International Dictionary 1559 (1993). This has an active connotation. At his sentencing hearing, Aquino answered in the affirmative when asked whether he had “receiv[ed]” documents (App. 44) that Aragoncillo “was providing” (App. 45) or “transmit[ting]” (App. 46). At no point was “planned action or method” on Aquino’s part even suggested. While Aragoncillo was an active participant in the offense, Aquino’s role was purely passive. In short, there is no sound textual basis for selecting either § 2M3.2 or § 2M3.3 to address Aquino’s retention offense at Step One. Fortunately, at Step Two, the Sentencing Commission provided guidance that makes it functionally irrelevant whether we begin our analysis at § 2M3.2 or § 2M3.3. Critically, the District Court did not heed what the Commission had said.—”USA v. Michael Ray Aquino,” Case No. 07-3202, Circuit Judge Maryanne Trump Barry

Judge Walls sentenced Aquino to 76 months imprisonment for violation of 18 United States Code 793(e), punishable under the harsher United States Sentencing Guidelines, 2M3.2, (Gathering National Defense Information, which imposes 35 years sentence if top secret and 30 years, if not) instead of the more lenient 2M3.3 (Transmitting National Defense Information, etc.)

Because of the Barry decision which modified the original Hall’s sentence, Aquino now faces 37 to 46 months imprisonment when he is resentenced by the United States District Court for the District of New Jersey. Since he has already served 40 months, he could be immediately released.

But since he was initially arrested in September 2005 for tourist visa rules violations, he will be delivered by the judicial authorities to United States Citizenship and Immigration Services when he leaves McRae Correctional Institution in Georgia. Aquino will be processed for deportation. McRae is a city in Telfair County, Georgia, United States.

Michael Ray Aquino was a former Deputy Directory of the Philippines National Police Intelligence Group and former senior superintendent of the now-disbanded Philippines Presidential Anti-Organized Crime Task Force under former Philippines president Joseph Estrada.

On November 24, 2000, PR man Bubby Dacer and his driver Emmanuel Corbito were kidnapped along the corner Zobel Roxas Street in Manila and the South Super Highway by gunmen believed to be members of the PNP. Four days after, the victims’ charred remains, consisting of burnt bones, metal dental plates and a ring, were later found in Barangay Buna Lejos, Indang, Cavite. Both victims were killed by strangulation.

P/Col. Glenn Galapon Dumlao, one of the accused, named former Po/Supt. Cezar O. Mancao II and former S/Supt. Michael Ray Aquino as the brains behind the crime. Mancao and Aquino were members of Presidential Anti-Organized Crime Task Force or PAOCTF, headed by then Gen. Panfilo Lacson. Suspects Mancao and Aquino left the country after being implicated in the heinous crime. Dumlao disappeared afterwards but later resurfaced in the US.

In 2005, murder cases were filed in Philippine courts and arrests warrants were issued against accused Dumlao, Aquino and Mancao. Dumlao, a resident of Patchogue, New York was arrested and held without bail on November 20, 2008 by virtue of a warrant of arrest issued by Judge William D. Wall. On December 10, Dumlao was ordered extradited to the Philippines by Judge A. Kathleen Tomlinson of the United States District Court for the Eastern District of New York in Long Island, New York.

The initial hearing of the extradition case of Dumlao’s co-accused, Mancao II, now detained in Florida, was held on December 3, in the US District Court in Southern Florida in Fort Lauderdale. Justice Secretary Raul M. Gonzalez had requested the US Justice Department to extradite Mancao and Dumlao to face murder charges in the Philippines. An extradition hearing has yet to be initiated for Aquino, although, as trusted officer of then PNP chief, now senator, Panfilo Lacson, was also requested for extradition by the Philippine government to face trial for the Dacer-Corbito double murder.

“Sir, the other day Leandro ‘Lean’ Aragoncillo called me. … He wants to talk to you and give you some updates on the political situation in the country,” wrote Aquino in an e-mail of January 2005 to his former boss Sen. Panfilo “Ping” Lacson. “I find all the information that you are sending me very useful. I hope you will continue sending more,” replied Sen. Lacson in an e-mail he allegedly sent in January 2005 to Aragoncillo. “By no means would you show this information. … I will be affected severely. Again, please protect the source – Me,” said Aragoncillo in an E-mail he allegedly sent in August 2005 to former Philippines President Joseph Estrada.

In March 2005, Aquino was arrested by immigration authorities for overstaying his visa. He contacted his friend, Leandro Aragoncillo, a Philippine-born civilian FBI Intelligence Analyst, who worked in the White House (between 1999 and 2002) as “administration chief” of the security detail assigned to the Vice President (Gore and then Cheney). However, Aragoncillo’s efforts on Aquino’s behalf eventually led to Aragoncillo being investigated by the FBI. In the course of that investigation, evidence of espionage against the United States Government was uncovered.

According to reports complied by Filipino intelligence professionals, there were indications of a link between Aragoncillo and the French intelligence service, Direction générale de la sécurité extérieure. Frequent visits by Aragoncillo to Manila allegedly were interspersed with clandestine meetings between identified, French operatives and several “illegals” (i.e. unregistered agents) around 2002 to 2004.

“What it means is that there is a hole in White House security. There are two kinds of people at the White House: Those that have been very well-vetted and those that have been extremely well-vetted and have access to the top secret computer network. This man had access to the top secret computer network.” said Richard A. Clarke, a former White House adviser.

“The FBI said Aragoncillo was concerned about e-mailing from his personal account so many classified documents from FBI computers, and he asked one recipient, Filipino opposition Sen. Panfilo “Ping” Lacson, whether he was a nuisance. “The reply, court records say, came back two days later in a cell phone message intercepted by the FBI: “What you are sending are never a nuisance to me. They are in fact informative and very useful,” Clark added.

In September 2005, Aragoncillo, a retired US Marine Gunnery Sergeant with 21 years service was suspended by the FBI, and arrested for violation of Title 18 of the US Code, Sections 371 and 951, admitting espionage activities from August 2000 to August 2005, and taking files while working under VP Cheney from 2001-2002, including giving information to another country.

In July 2007, Aragoncillo, age 50, a naturalized US citizen residing in Woodbury, New Jersey was sentenced to 10 years imprisonment for “transferring classified information to assist in overthrow of Philippines government.” Aragoncillo, admitted passing information by cellphone text messages and e-mail messages through Hotmail and Yahoo accounts, to Aquino, former President Joseph Estrada, Sen. Panfilo Lacson, and opposition politicians, who wanted to oust Mrs. Arroyo, including former House Speaker Arnulfo Fuentebella, according to court documents. He will be released from Federal Correction Institute in Big Spring, Texas on May 28, 2014.

The court fined Aragoncillo $40,000. “I never intended to cause harm or injury to the United States,” Aragoncillo told the judge. In July 2007, Sen. Panfilo Lacson as well as deposed president Joseph Estrada have admitted to receiving information from Aquino, but they denied any conspiracy. “Aquino is determined not to return to the country,” said Sen. Lacson, who admitted extending financial support to Aquino and his family.

In July, 2008, Sabina and Carina Dacer, the daughters of missing public relations man Salvador “Bubby” Dacer testified at the Manila Regional Trial Court (RTC), after almost eight years of self-exile in the United States. “In his exact words he said, ‘mga anak, kung may mangyari sa akin, walang ibang may kakagawan noon kundi si Ping Lacson, (my daughters, if anything happens to me, no one but Ping Lacson is responsible)” Sabina Dacer told ABS-CBN News and Current Affairs. “Hindi naman kilala ng daddy ko si Michael Ray Aquino as far as we know eh. So kung hindi siya kilala ng daddy ko, sino yung kilala niya na kilala ng daddy ko? (My dad does not know Michael Ray Aquino as far as we know. So, if my dad does not know him, whom does he know that my dad knows?)” Carina Dacer said.

Sen. Panfilo Lacson has vehemently denied any involvement in the Dacer-Corbito murder case. “For the Nth time, I will assert the truth that I had nothing to do with it,” said Lacson in a text message. “They can lie and make people lie even under oath and before a court of law to make me look bad and guilty in the Dacer case. In fact, right after Dacer disappeared, the family sought my help… And I responded the way I should as a law enforcement officer at that time,” Lacson explained.

On Saturday, September 10, 2005, Aquino was also arrested at Queens, New Jersey and was charged with conspiracy and acting as an agent of a foreign official in the jurisdiction of the United States District Court for the District of New Jersey, presided by U.S. District Judge William H. Walls. Aquino was accused of helping Aragoncillo transmit classified United States documents regarding President Gloria Macapagal-Arroyo to her opponents in the Philippines, including both former President Joseph Estrada and current opposition leader, Panfilo Lacson, who had been Aquino’s superior in the police force.

In an indictment of 6 Oct 2005 signed and filed by United States Attorney Christopher J. Christie, the Grand Jury sitting at Newark, New Jersey, accused Aquino with charges of – “knowingly communicating classified information by a government employee to an agent or representative of a foreign country (i.e. receiving classified information), acting as an agent of a foreign official without notification of the Attorney General, in violation of Title 18 of the US Code, Section 951, conspiracy to commit all of the above offenses in violation of Title 18 of the US Code, Section 371, and not cooperating with authorities, under Title 18 of the US Code, Section 2.

Under an eventual plea-bargain agreement, Aquino entered a plea of guilty to illegal possession of classified documents, but avoided the more serious charge of espionage which Aragoncillo received. On July 17, 2007, Aquino was sentenced to six years and four months in prison by U.S. District Judge William H. Walls. Federal prosecutors had sought the maximum 10-year term.

Aquino “did subject our nation to some peril,” ruled Judge Walls. “I am sorry for what I did. I never had the intention to harm the United States. I love this country,” said Aquino who addressed the court for three minutes before sentencing, and apologized. On November 21, 2008 his reduced sentence request was submitted to the appellate court.

Meantime, the Philippine National Police (PNP) is monitoring developments in the Aquino espionage case. “Of course we are interested in his case, but all we can do is to wait for the outcome of the case of Michael Ray in the US,” said a police official.

The Alliance for A Just and Lasting Peace in the Philippines has criticized the judgment: “For the AJLPP the news of the release proves that the charade of injustice is ever present when it comes to the cabal of AFP men who served as worst human rights violator and proven puppets of the United States military like the Lacson boys,” the AJLPP said. “On the other cases of oppressed immigrants like the Baoanan case languishes in courts and not acted upon. So much for double standard of American justice system.” The AJLPP statement concluded.

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Suspected US drone attack kills eight in Pakistan

Friday, November 20, 2009

Pakistani officials said that a suspected US drone attack has killed at least eight people today, including foreign militants, in the country’s northwest.

The officials said that two missiles were fired at a compound being used by suspected Taliban militants in Mir Ali village, in North Waziristan, a region on the Afghanistan-border that is said to be a militant stronghold.

At least eight people were killed in the drone attack.

“At least eight people were killed in the drone attack. A compound used by militants was targeted,” said an unnamed official to the Agence France-Presse (AFP) news agency.

Police official Mohammad Haroon said to the Reuters news agency that “it was a remote-controlled bomb. Two policemen died on the spot, while a third has succumbed to his injuries a short while ago.”

US military officials generally do not confirm attacks such as these, but its armed forces and Central Intelligence Agency employees in Afghanistan are the only forces that deploy pilotless drones in the region.

At least 65 similar drone strikes have killed about 625 people in Pakistan since August of last year, according to AFP.

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Cleveland, Ohio clinic performs US’s first face transplant

Thursday, December 18, 2008

A team of eight transplant surgeons in Cleveland Clinic in Ohio, USA, led by reconstructive surgeon Dr. Maria Siemionow, age 58, have successfully performed the first almost total face transplant in the US, and the fourth globally, on a woman so horribly disfigured due to trauma, that cost her an eye. Two weeks ago Dr. Siemionow, in a 23-hour marathon surgery, replaced 80 percent of her face, by transplanting or grafting bone, nerve, blood vessels, muscles and skin harvested from a female donor’s cadaver.

The Clinic surgeons, in Wednesday’s news conference, described the details of the transplant but upon request, the team did not publish her name, age and cause of injury nor the donor’s identity. The patient’s family desired the reason for her transplant to remain confidential. The Los Angeles Times reported that the patient “had no upper jaw, nose, cheeks or lower eyelids and was unable to eat, talk, smile, smell or breathe on her own.” The clinic’s dermatology and plastic surgery chair, Francis Papay, described the nine hours phase of the procedure: “We transferred the skin, all the facial muscles in the upper face and mid-face, the upper lip, all of the nose, most of the sinuses around the nose, the upper jaw including the teeth, the facial nerve.” Thereafter, another team spent three hours sewing the woman’s blood vessels to that of the donor’s face to restore blood circulation, making the graft a success.

The New York Times reported that “three partial face transplants have been performed since 2005, two in France and one in China, all using facial tissue from a dead donor with permission from their families.” “Only the forehead, upper eyelids, lower lip, lower teeth and jaw are hers, the rest of her face comes from a cadaver; she could not eat on her own or breathe without a hole in her windpipe. About 77 square inches of tissue were transplanted from the donor,” it further described the details of the medical marvel. The patient, however, must take lifetime immunosuppressive drugs, also called antirejection drugs, which do not guarantee success. The transplant team said that in case of failure, it would replace the part with a skin graft taken from her own body.

Dr. Bohdan Pomahac, a Brigham and Women’s Hospital surgeon praised the recent medical development. “There are patients who can benefit tremendously from this. It’s great that it happened,” he said.

Leading bioethicist Arthur Caplan of the University of Pennsylvania withheld judgment on the Cleveland transplant amid grave concerns on the post-operation results. “The biggest ethical problem is dealing with failure — if your face rejects. It would be a living hell. If your face is falling off and you can’t eat and you can’t breathe and you’re suffering in a terrible manner that can’t be reversed, you need to put on the table assistance in dying. There are patients who can benefit tremendously from this. It’s great that it happened,” he said.

Dr Alex Clarke, of the Royal Free Hospital had praised the Clinic for its contribution to medicine. “It is a real step forward for people who have severe disfigurement and this operation has been done by a team who have really prepared and worked towards this for a number of years. These transplants have proven that the technical difficulties can be overcome and psychologically the patients are doing well. They have all have reacted positively and have begun to do things they were not able to before. All the things people thought were barriers to this kind of operations have been overcome,” she said.

The first partial face transplant surgery on a living human was performed on Isabelle Dinoire on November 27 2005, when she was 38, by Professor Bernard Devauchelle, assisted by Professor Jean-Michel Dubernard in Amiens, France. Her Labrador dog mauled her in May 2005. A triangle of face tissue including the nose and mouth was taken from a brain-dead female donor and grafted onto the patient. Scientists elsewhere have performed scalp and ear transplants. However, the claim is the first for a mouth and nose transplant. Experts say the mouth and nose are the most difficult parts of the face to transplant.

In 2004, the same Cleveland Clinic, became the first institution to approve this surgery and test it on cadavers. In October 2006, surgeon Peter Butler at London‘s Royal Free Hospital in the UK was given permission by the NHS ethics board to carry out a full face transplant. His team will select four adult patients (children cannot be selected due to concerns over consent), with operations being carried out at six month intervals. In March 2008, the treatment of 30-year-old neurofibromatosis victim Pascal Coler of France ended after having received what his doctors call the worlds first successful full face transplant.

Ethical concerns, psychological impact, problems relating to immunosuppression and consequences of technical failure have prevented teams from performing face transplant operations in the past, even though it has been technically possible to carry out such procedures for years.

Mr Iain Hutchison, of Barts and the London Hospital, warned of several problems with face transplants, such as blood vessels in the donated tissue clotting and immunosuppressants failing or increasing the patient’s risk of cancer. He also pointed out ethical issues with the fact that the procedure requires a “beating heart donor”. The transplant is carried out while the donor is brain dead, but still alive by use of a ventilator.

According to Stephen Wigmore, chair of British Transplantation Society’s ethics committee, it is unknown to what extent facial expressions will function in the long term. He said that it is not certain whether a patient could be left worse off in the case of a face transplant failing.

Mr Michael Earley, a member of the Royal College of Surgeon‘s facial transplantation working party, commented that if successful, the transplant would be “a major breakthrough in facial reconstruction” and “a major step forward for the facially disfigured.”

In Wednesday’s conference, Siemionow said “we know that there are so many patients there in their homes where they are hiding from society because they are afraid to walk to the grocery stores, they are afraid to go the the street.” “Our patient was called names and was humiliated. We very much hope that for this very special group of patients there is a hope that someday they will be able to go comfortably from their houses and enjoy the things we take for granted,” she added.

In response to the medical breakthrough, a British medical group led by Royal Free Hospital’s lead surgeon Dr Peter Butler, said they will finish the world’s first full face transplant within a year. “We hope to make an announcement about a full-face operation in the next 12 months. This latest operation shows how facial transplantation can help a particular group of the most severely facially injured people. These are people who would otherwise live a terrible twilight life, shut away from public gaze,” he said.

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KKE: Interview with the Greek Communist Party

Thursday, May 13, 2010

Wikinews reporter Iain Macdonald has performed an interview with Dr Isabella Margara, a London-based member of the Communist Party of Greece (KKE). In the interview Margara sets out the communist response to current events in Greece as well as discussing the viability of a communist economy for the nation. She also hit back at Petros Tzomakas, a member of another Greek far-left party which criticised KKE in a previous interview.

The interview comes amid tensions in cash-strapped Greece, where the government is introducing controversial austerity measures to try to ease the nation’s debt-problem. An international rescue package has been prepared by European Union member states and the International Monetary Fund – should Greece require a bailout; protests have been held against government attempts to manage the economic situation.

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Canada’s Don Valley East (Ward 33) city council candidates speak

This exclusive interview features first-hand journalism by a Wikinews reporter. See the collaboration page for more details.

Saturday, November 4, 2006

On November 13, Torontonians will be heading to the polls to vote for their ward’s councillor and for mayor. Among Toronto’s ridings is Don Valley East (Ward 33). One candidates responded to Wikinews’ requests for an interview. This ward’s candidates include Zane Caplan, Shelley Carroll (incumbent), Jim Conlon, Sarah Tsang-Fahey, and Anderson Tung.

For more information on the election, read Toronto municipal election, 2006.

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American Idol winner Ruben Studdard wins lawsuit

Friday, June 16, 2006

Former American Idol winner Ruben Studdard has won a lawsuit and $2 million against his ex-manager Ronald W. Edwards and Edwards’ promotions company, Sez Inc. The lawsuit was for misappropriating the singer’s money and credit cards. The suit claimed Edwards misused more than $246,000 of the singer’s money. According to the judge’s ruling, Edwards stole money from Studdard’s checking and other bank accounts, improperly used his credit cards and even used Studdard’s money to repay a $10,000 bank loan.

Jefferson County Circuit Judge Scott Vowell awarded Studdard $500,000 for actual losses and another $1.5 million in punitive damages. Vowell dismissed Edwards’ promotions company from the suit because it was bankrupt and had no money or assets. Edwards filed a petition for Chapter 7 bankruptcy on June 17, 2005. Studdard has sold 2.2 million records, but because of the damage done to his credit by Edwards, it is now even hard for Ruben to buy a home, said Vowell.

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Dozens of cats removed from feces-ridden New Jersey house

Saturday, March 28, 2009

Almost 100 cats and one dog were found living in a feces- and filth-ridden New Jersey house, in what local authorities are calling among the worst cases of animal cruelty they have ever seen.

Authorities had to wear masks in order to help them breathe through the stench of urine as they removed cats from the million-dollar, two-story brick house in Chester Township.

“The conditions were absolutely horrific,” said Rick Yocum, a lieutenant with the New Jersey Society for the Prevention of Cruelty to Animals. “There wasn’t one inch of that house that wasn’t covered in feces or urine. There were three foot piles of feces in the hallways.

Wanda Oughton, the homeowner who lives there with two adult children, is expected to face criminal and civil charges, possibly as early as this weekend.

According to media reports, the floors, couches and tables of the home were littered with waste, and garbage was crammed into microwaves and ovens. The bottom of a bathtub had an eight-inch mound of feces, authorities said.

“It was horrible to go in there,” SPCA spokesman Matt Stanton said. “Our people had to fill their nostrils with Vick’s VapoRub and wear masks. They could only go in for five minutes at a time and had to come out to get fresh air again.”

Oughton refused to leave the house during the initial investigation and declined to speak to reporters.

“Go away. Go away. We have a call in to the police,” two women yelled at reporters through the front door.

SPCA officials believe Oughton and her family to be animal hoarders, not “horrible people”, said SPCA Superintendent Frank Rizzo.

“For hoarders, the animal is the most important thing,” Rizzo said. “More important than their own health.”

Yocum said they plan to ask Oughton to undergo a mental health assessment.

About 20 cats were removed from the house Thursday and are being treated for upper respiratory problems. The remaining cats are to be taken out Friday, and will be distributed to different veterinarians so no one office is too overwhelmed.

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Wikinews’ overview of the year 2007

Monday, December 31, 2007

What would you tell your grandchildren about 2007 if they asked you about it in, let’s say, 20 year’s time? If the answer to a quiz question was 2007, what would the question be? The year that you first signed on to Facebook? The year Britney Spears and Amy Winehouse fell apart? The year author Kurt Vonnegut or mime Marcel Marceau died, both at 84?

Let’s take a look at some of the international stories of 2007. Links to the original Wikinews articles are in bold.

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Wikinews’ overview of the year 2008

Wednesday, December 31, 2008

Also try the 2008 World News Quiz of the year.

What would you tell your grandchildren about 2008 if they asked you about it in, let’s say, 20 years’ time? If the answer to a quiz question was 2008, what would the question be? The year that markets collapsed, or perhaps the year that Obama became US president? Or the year Heath Ledger died?

Let’s take a look at some of the important stories of 2008. Links to the original Wikinews articles are in all the titles.

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Asbestos controversy aboard Scientology ship Freewinds

Friday, May 16, 2008

Controversy has arisen over the reported presence of blue asbestos on the MV Freewinds, a cruise ship owned by the Church of Scientology. According to the Saint Martin newspaper The Daily Herald and the shipping news journal Lloyd’s List, the Freewinds was sealed in April and local public health officials on the Caribbean island of Curaçao where the ship is docked began an investigation into the presence of asbestos dust on the ship. Former Scientologist Lawrence Woodcraft supervised work on the ship in 1987, and attested to the presence of blue asbestos on the Freewinds in an affidavit posted to the Internet in 2001. Woodcraft, a licensed architect by profession, gave a statement to Wikinews and commented on the recent events.

According to The Daily Herald, the Freewinds was in the process of being renovated by the Curaçao Drydock Company. The article states that samples taken from paneling in the ship were sent to the Netherlands, where an analysis revealed that they “contained significant levels of blue asbestos”. An employee of the Curaçao Drydock Company told Radar Online in an April 30 article that the Freewinds has been docked and sealed, and confirmed that an article about asbestos ran in the local paper.

Lloyd’s List reported that work on the interior of the Freewinds was suspended on April 27 after health inspectors found traces of blue asbestos on the ship. According to Lloyd’s List, Frank Esser, Curaçao Drydock Company’s interim director, joined Curaçao’s head of the department of labor affairs Christiene van der Biezen along with the head of the local health department Tico Ras and two inspectors in an April 25 inspection of the ship. “We are sending someone so that they can tell us what happened, where it came from, since when it has been there,” said Panama Maritime Authority’s director of merchant marine Alfonso Castillero in a statement to Lloyd’s List.

The Church of Scientology purchased the ship, then known as the Bohème, in 1987, through an organization called Flag Ship Trust. After being renovated and refitted, it was put into service in June 1988. The ship is used by the Church of Scientology for advanced Scientology training in “Operating Thetan” levels, as well as for spiritual retreats for its members. Curaçao has been the ship’s homeport since it was purchased by the Church of Scientology.

According to his 2001 statement, Lawrence Woodcraft had been an architect in London, England since 1975, and joined Scientology’s elite “Sea Organization” (Sea Org) in 1986. He wrote that he was asked by the Sea Org to work on the Freewinds in 1987, and during his work on the ship “noticed a powdery blue fibrous substance approximately 1 ½” thick between the paint and the steel wall,” which he believed to be asbestos. He also discovered what he thought was blue asbestos in other parts of the ship, and reported his findings to Church of Scientology executives. Woodcraft discussed his experiences in a 2001 interview published online by the Lisa McPherson Trust, a now-defunct organization which was critical of the Church of Scientology.

The Freewinds regularly inspects the air quality on board and always meets or exceeds US standards.

Church of Scientology spokeswoman Karin Pouw responded to Radar Online about the asbestos reports, in an email published in an article in Radar on May 1. “The Freewinds regularly inspects the air quality on board and always meets or exceeds US standards,” said Pouw. She stated that two inspections performed in April “confirmed that the air quality is safe,” and asserted that the inspections revealed the Freewinds satisfies standards set by the United States Occupational Safety and Health Administration and the U.S. Clean Air Act.

Pouw told Radar that “The Freewinds will be completing its refit on schedule.” The Church of Scientology-affiliated organization Citizens Commission on Human Rights (CCHR) had been planning a cruise aboard the Freewinds scheduled for May 8, but according to Radar an individual who called the booking number for the cruise received a message that the cruise had been delayed due to ongoing work on the ship. Citing an article in the Netherlands Antilles newspaper Amigoe, Radar reported on May 6 that a team from the United States and supervised by an independent bureau from the Netherlands traveled to Curaçao in order to remove asbestos from the Freewinds.

…if the Church of Scientology claims to have removed the blue asbestos, I just don’t see how, it’s everywhere. You would first have to remove all the pipes, plumbing, a/c ducts, electrical wiring etc. etc. just a maze of stuff.

“I stand by everything I wrote in my 2001 affidavit,” said Lawrence Woodcraft in an exclusive statement given to Wikinews. Woodcraft went on to state: “I would also comment that if the Church of Scientology claims to have removed the blue asbestos, I just don’t see how, it’s everywhere. You would first have to remove all the pipes, plumbing, a/c ducts, electrical wiring etc. etc. just a maze of stuff. Also panelling as well, basically strip the ship back to a steel hull. Also blue asbestos is sprayed onto the outer walls and then covered in paint. It’s in every nook and cranny.”

Many Scientologist celebrities have spent time aboard the Freewinds, including Tom Cruise, Katie Holmes, John Travolta, Kelly Preston, Chick Corea, Lisa Marie Presley, Catherine Bell, Kate Ceberano, and Juliette Lewis. Now magazine reported that Tom Cruise has been urged to seek medical attention regarding potential asbestos exposure, however a representative for Cruise stated he has “absolutely no knowledge” of the recent asbestos controversy. Cruise, Holmes, Travolta and Preston have celebrated birthdays and other events on the Freewinds.

There is not now and never has been a situation of asbestos exposure on the Freewinds.

In a May 15 statement to the United Kingdom daily newspaper Metro, a representative for the Church of Scientology said that “There is not now and never has been a situation of asbestos exposure on the Freewinds.” The Asbestos and Mesothelioma Center notes that agencies have recommended anyone who has spent time on the Freewinds consult with their physician to determine if possible asbestos exposure may have affected their health.

Raw blue asbestos is the most hazardous form of asbestos, and has been banned in the United Kingdom since 1970. Blue asbestos fibers are very narrow and thus easily inhaled, and are a major cause of mesothelioma. Mesothelioma is a form of cancer which can develop in the lining of the lungs and chest cavity, the lining of the abdominal cavity, or the pericardium sac surrounding the heart. The cancer is incurable, and can manifest over 40 years after the initial exposure to asbestos.

“This is the most dangerous type of asbestos because the fibres are smaller than the white asbestos and can penetrate the lung more easily,” said toxicologist Dr. Chris Coggins in a statement published in OK! Magazine. Dr. Coggins went on to note that “Once diagnosed with mesothelioma, the victim has six months to a year to live. It gradually reduces lung function until the victim is no longer able to breathe and dies.”

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