Archive for July, 2017

Whistleblower in Libya visa scandal case faces criminal court – Times of Malta

The whistleblower who had pointed at Health Ministry official Neville Gafa as the mastermind behind the medical visa racket, was today summoned before a magistrates court to answer criminally for his claim.

Khaled Ben Nasan, 45, Syrian-born, residing in Swieqi, pleaded not guilty to charges of fraud and extortion following his allegations that Mr Gafa had pocketed some 38,000 for medical visas for Libya nationals, which eventually never materialised.

Under cross-examination, inspector Rennie Stivala, who together with assistant police commissioner Ian Abdilla was handling investigations into the whistleblower's allegations, could not confirm whether the criminal proceedings had been initiated upon a complaint by the injured party, namely Mr Gafa.

Pressed by lawyer Leslie Cuschieri, assisting Mr Ben Nasan, inspector Stivala declared that since there were suspicions of a false report having been filed by the whistleblower, the police could take criminal action irrespective of a formal complaint by the injured party.

Gafa transferred to Gozo

During today's hearing it emerged that, when the allegations emerged, Mr Gafa had been immediately transferred to Gozo. As projects director within the health ministry, his duty is to liaise between the ministry, the Foundation for Medical Services and the OPM, however, he is no longer involved in the medical visa project.

Inspector Stivala explained how investigations into the alleged racket had kicked off following a complaint registered by Peter Cordina as the head of the FMS. Mr Ben Nasan had spoken to the police in the presence of his lawyer and had recalled how Mr Gafa started asking for some 1,500 to 2,500 for every medical visa application he forwarded for processing. No receipts were ever requested since Mr Ben Nasan reportedly trusted the official.

However, acting upon suspicions that Mr Gafa was taking money for visas which were never issued, Mr Ben Nasan decided that he ought no longer trust the official. In fact, he signed an agreement directly with Saint James hospital to make arrangements for Libyan medical tourists seeking treatment in Malta.

This was confirmed by the management at Saint James Hospital who had told investigators that whereas medical tourists brought over by Mr Ben Nasan possessed the funds to pay for their care, other Libyan nationals injured in the conflict in their homeland and granted a visa to receive treatment in Malta, had their bills settled by the Maltese authorities.

Police chastised for searching only old office

Duly authorised under a magisterial warrant, last July investigators had conducted a search inside the office formerly occupied by Mr Gafa, who at the time had already been transferred to Gozo. The search had yielded no incriminating evidence, Inspector Stivala told the court.

How could you expect to find anything in an office vacated by Mr Gafa months earlier? saidDr Cuschieri, who asked whether any search had been carried out at Mr Gafa's new office or home. The police had only searched the office occupied by the public official at the time of the alleged wrongdoing, the court was told.

How could you expect to find anything in an office vacated by Mr Gafa months earlier?

- Lawyer

Regarding allegations made by the whistleblower of a threatening call targeting the life of his children, the inspector explained that this call had not been confirmed by the service provider. Other missed calls and SMSs had allegedly been linked to mobiles registered in his own name. Although Dr Cuschieri had claimed possible error by the service provider, Inspector Stivala said this might have been done purposely by Mr Ben Nasan to lend more credibility to his story.

Cross-examining Inspector Stivala about telling footage currently in the possession of certain persons in Libya, Dr Cuschieri asked why this information had not been followed up by the investigators. In spite of having passed on telephone numbers and personal details of these persons to Assistant Commissioner Ian Abdilla during a telephone conversation, no action had been taken. Nor were the necessary visas issued to permit these individuals to travel to Malta to personally supply the relevant proof.

Taking the witness stand, Mr Gafa strongly denied the allegations regarding the 38,000 relative to unissued medical visas.

He explained how during the Libya crisis, the ministry forwarded medical reports regarding Libyan nationals who required treatment. These reports were forwarded to Mater Dei authorities for vetting against a processing fee of 66 which was non-refundable. This fee was also applicable in the case of medical tourists, such as those brought over by Mr Ben Nasan.

Mr Gafa next told the court, presided over by Magistrate Doreen Clarke, how Mr Ben Nasan had allegedly tried to bribe him by sending a text message threatening him with the incriminating footage. Mr Gafa said that he had subsequently been contacted by the accused who expressed his interest in resuming the business of medical tourists.

Inspector Rennie Stivala prosecuted.

Lawyer Leslie Cuschieri was counsel to the accused.Legal procurator Peter Paul Zammit appeared parte civile.

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Whistleblower in Libya visa scandal case faces criminal court - Times of Malta

Minneapolis Woman Killed By Police Officer After Call Of Possible Assault – NPR

A sign in south Minneapolis, where a woman was killed Saturday night by a police officer, reads "Why did you shoot and kill our neighbor and friend?" Doualy Xaykaothao/MPR News hide caption

A sign in south Minneapolis, where a woman was killed Saturday night by a police officer, reads "Why did you shoot and kill our neighbor and friend?"

A woman died after being shot by a Minneapolis police officer late Saturday night, according to the state's Bureau of Criminal Apprehension.

Her identity has not been released by authorities, but her fianc Don Damond identified her to MPR as Justine Ruszczyk, an Australian woman who taught yoga and meditation.

Around 11:30 p.m. CT Saturday, two Minneapolis police officers responded to a 911 call of a possible assault in south Minneapolis. One officer shot and killed the woman.

According to the bureau, the two officers did not have their body cameras turned on, nor did the squad camera record the fatal shooting.

Late Sunday afternoon, Minneapolis mayor Betsy Hodges and Assistant Police Chief Medaria Arradondo said they had few other details to share.

Arradondo said following the 911 call, officers were dispatched on an "unknown trouble" call. He said officers arrived at the address and when it became a shooting he alerted the BCA, which now leads the investigation.

The Hennepin county Medical Examiner's Office is conducting an autopsy.

Both Hodges and Arradondo said they are not releasing the victim's name and said that information will later come from the BCA.

But at a gathering Saturday night, friends and neighbors said the victim taught yoga and meditation in the community.

At a healing circle in front of the crime scene, those neighbors and close friends, as well as Black Lives Matter activists and members of Womens March Minnesota, held hands, and talked about the deceased woman, naming her simply as "Justine."

"Peace flowed through her," said neighbor Melinda Barry. "She was a lovely, lovely person. And we want to remember Justine tonight, and call for answers, but we want just to remember and respect Justine, tonight, and her family, and share our love for her family, and how much we want to wrap our support around them."

Nancy Coune and Cindi Claypatch said they knew her well from their involvement at the Lake Harriet Spiritual Community Center in South Minneapolis.

"If you could just see her, she was adorable with this incredible smile," said Coune.

"You know, it's like when you're in the presence of a room with somebody who's in a nice feeling, you rise whether they open their mouth or not ... she was really shiny, she was very bright," added Claypatch.

Eduardo Drake is also part of the Lake Harriet Spiritual Community Center. He brought flowers and wrote a message in chalk for his friend.

"Justine was all about love, just bringing your biggest heart forward, no matter what you're doing in life," said Drake. "Her loss, for me, is just a personal reminder that we shouldn't waste time on petty gripes or complaints, we should just find a way to love, bigger and better, because we don't know when the people we care about may not be there anymore."

Friends and community members say they want to know the names of the two officers involved in the shooting, and also want transparency as the investigation continues.

Mayor Betsy Hodges said it's "difficult and challenging" to have few facts at this point.

She called the southwest Minneapolis neighborhood where the shooting happened "tightknit." She represented the area when she served on the city council.

Earlier Sunday in a statement Hodges said, "my understanding, from the BCA's initial statement, is that the officers' body cameras were not turned on at the time of the incident and the squad camera did not capture the incident. I intend to learn more."

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Minneapolis Woman Killed By Police Officer After Call Of Possible Assault - NPR

Eric Holder accuses Jeff Sessions of ‘another extremist action’ on asset forfeiture – Washington Examiner

Eric Holder, who led the Justice Department under President Obama, criticized his successor Attorney General Jeff Sessions Monday for announcing a new policy to make it easier to seize the cash and property of suspected drug traffickers.

In a tweet, Holder wrote that Sessions' policy was "another extremist action."

"This is a reform that was supported by conservatives and progressives, Republicans and Democrats," Holder said.

Holder is referring to a Justice Department memo he issued in 2015 that limited a type of practice that allowed local police to share the proceeds of seized cash and property with the federal government.

The act of civil asset forfeiture has been criticized by Democrats and Republicans because in many instances, neither a criminal conviction or a charge is necessary for police to seize cash and property.

Sessions was a leading supporter of asset forfeiture when he served in the Senate.

"With care and professionalism, we plan to develop policies to increase forfeitures," Sessions said Monday during a speech to the National District Attorney's Association in Minneapolis. "No criminal should be allowed to keep the proceeds of their crime."

In addition to the planned asset forfeiture policy change, Sessions has also reversed another major Holder initiative. Holder had issued memos directing prosecutors to not seek mandatory minimum sentences for low-level drug offenses.

In May, Sessions directed federal prosecutors to "charge and pursue the most serious, readily provable offense" in drug cases, including mandatory minimums.

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Eric Holder accuses Jeff Sessions of 'another extremist action' on asset forfeiture - Washington Examiner

Key Democrat calls for ouster of DeVos’s civil rights chief in light of ‘egregious’ remarks about sexual assault – Washington Post

Sen. Patty Murray of Washington, the top Democrat on the Senate education committee, is calling for the ouster of the Education Departments civil rights chief, saying she is unfit for the job.

Candice Jackson, the acting head of the agencys Office for Civil Rights, triggered fierce criticism last week when she told the New York Times that 90 percent of campus sexual-assault complaints fall into the category of we were both drunk, we broke up, and six months later I found myself under a Title IX investigation because she just decided that our last sleeping together was not quite right.

In days since, Jackson apologized publicly, disclosing that as a survivor of rape herself, she believes all sexual harassment and sexual assault must be taken seriously. She also apologized privately to assault survivors in a meeting to discuss the departments role in enforcing Title IX, a federal law that prohibits sex discrimination at federally funded schools.

[DeVos: Too many college students treated unfairly under Obama-era sexual-assault policy]

Murray said Monday that apologizing for such callous, insensitive and egregious comments is not enough. Jacksons words crossed a serious line and highlighted her clear biases in this area in a way that, to me and many women and men across the country, should disqualify her from service in the position of top Department of Education protector of students right to be safe at school, the senator said in a statement.

In a statement to The Washington Post, Education Secretary Betsy DeVos said Jackson had apologized for her remarks, which did not represent her own point of view nor that of the department. Candice is a valuable part of the Administration and an unwavering advocate for the civil rights of all students, DeVos said.

If nominated for the permanent job at the helm of the Office for Civil Rights, Jackson would need Senate confirmation. Murrays position suggests she would face opposition.

Murray led Democrats unanimous opposition to DeVoss confirmation as education secretary and has been a relentless critic since then. She has repeatedly questioned DeVoss commitment to enforcing civil rights laws in the nations schools and colleges, pointing to the agencys decisions to rescind guidance protecting transgender students and narrow some civil rights investigations.

DeVos is also a strong supporter of voucher programs, many of which allow private schools to discriminate against voucher recipients who are lesbian, gay, bisexual or transgender or have LGBT parents. In testimony before Congress, she has declined to say whether she would block such private schools from receiving federal funds.

[DeVos wont say whether shed withhold federal funds from private schools that discriminate]

Murray was among 34 senators who sent DeVos a letter in June outlining their concerns about her teams approach to civil rights enforcement. The senators also asked DeVos nine questions about the departments civil rights division, including lists of open cases involving two of the agencys most controversial issues transgender students and sexual-assault allegations and any memos discussing policy changes.

They asked for a response by July 11, and DeVos sent a letter that day defending her commitment to the agencys civil rights work as unwavering.

She did not answer the senators questions, but she did acknowledge changes in the agencys civil rights office under her watch. Under President Barack Obama, DeVos wrote, the office had sought to punish and embarrass institutions, collecting reams of data from schools and colleges in search of violations at the expense of resolving individuals complaints quickly and fairly.

The civil rights office is no longer automatically treating individual complaints as evidence of systemic problems, DeVos wrote.

The Department today is returning [the Office of Civil Rights] to its role as a neutral, impartial investigative agency, she wrote.

Murray responded three days later, reiterating the request for answers to the nine questions DeVos had ignored.

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Key Democrat calls for ouster of DeVos's civil rights chief in light of 'egregious' remarks about sexual assault - Washington Post

Dems’ unity against GOP health bill masks dangerous divide – Belleville News-Democrat


The Atlantic
Dems' unity against GOP health bill masks dangerous divide
Belleville News-Democrat
Democrats are showing uncommon unity in fighting Republican efforts to repeal and replace the Affordable Care Act. But the discipline masks a deep and fundamental divide within the party that could complicate Democrats' efforts to gain ground in the ...
The Disturbing Process Behind TrumpcareThe Atlantic

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Dems' unity against GOP health bill masks dangerous divide - Belleville News-Democrat