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towards the ousting of Trump and his confederacy of dunces

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Before all this shite came up I was writing something completely different. In order to alleviate myself of my own existence for a while, I should get back to it, and update it.

We’re living in interesting times, and I can’t help but put my weird and less than minuscule shoulder to the wheel in trying to bring down Trump and his cowboy cronies. I’ve been trying to ignore this stuff but it’s just getting too exciting. There’s been the Paradise Papers, the Facebook revelations, sex scandals and of course the Mueller inquiry. The pundits of the cable news network MSNBC are almost peeing their pants on camera as they gleefully rake through the revelations of Russian links to the Trump administration. It’s a great time for the media, with an obvious charlatan in the White House, whose buffoonery provides endless talking points, while ordinary folks and elephants get shafted big-time.

I’m not always a huge US watcher, and I’m of course pretty ignorant on the details, but it’s been a circus that’s been difficult to ignore lately, and the pickings are getting richer and richer. I’m garbling up metaphors here, so let me calm down and look at the now distinct possibility of removing Trump from office. First, the Mueller inquiry. NBC news is reporting, with apparently impeccable sources, that Trump’s former, albeit brief, national security adviser Michael Flynn is close to being charged with money laundering and perjury by the Mueller team. Of course, Trump’s former campaign manager Paul Manafort and his aide Rick Gates have already been indicted and it looks like a junior but big-talking foreign policy adviser to the administration, George Papadopoulos, is assisting the team with their inquiries after pleading guilty to perjury about Russian connections. I’ve been listening to a number of legal and political experts being interviewed, mostly on NBC, and it looks as though the case against Manafort, the biggest fish, is extremely strong, and it seems like a matter of days before Flynn is indicted, but what would I know? On top of that, there’s Jefferson Sessions, the US Attorney-General and apparently an arch-racist, who has perjured himself under oath, and others who are key figures in the Trump admission, including his son-in-law Jared Kushner.

It does seem as if Trump’s hold on power is crumbling, unless I’m falling prey to the manic glee of American liberal pundits. Certainly there are polls and election results that suggest maybe I’m not getting ahead of myself. There has just been an election victory for the Democrats in Virginia, and the (extremely unpopular) Republican governor of New Jersey, Chris Christie, has been swept out of office. The Virginia result in particular is being treated by some as a watershed event (where does that odd term come from?) but maybe not. Certainly though it’s bad for Trump, who heavily supported the Republican candidate (then threw him to the dogs when he lost). The apparently reliable Reuters/Ipsos poll measuring Trump’s approval/disapproval rating has him currently at about 36%, with 59% disapproval, figures which have remained more or less steady for the last two months. I don’t see a huge dip in the polls – his numbers have always been quite low, it seems, but unless they pick up he’s going to be very vulnerable, and may become more extreme under pressure. His lack of success in pushing his agenda, his gaffes, his tweets, the Russian mess  and the inquiry, they’re all converging to ensure that he won’t be elected again, but what are the chances for those who want him out before the next election. Surely almost all hopes lie with the Mueller inquiry.

Robert Mueller was the Director of the FBI from 2001 to 2013, its longest serving director since the thuggish J Edgar Hoover. Appointed by George W Bush, he was given a two-year extension to his term by Barack Obama, and was eventually replaced by James Comey, who was controversially sacked by Trump earlier this year, a decision which may prove disastrous for the man with One of the Great Memories of All Time (a memory which may well be tested under oath soon, according to former US solicitor-general Ken Starr). It was Comey’s slightly controversial dismissal that led directly to the 2017 Special Counsel Inquiry headed by Mueller, since Comey alleged that Trump had essentially tried to obstruct justice by asking him to drop an FBI inquiry into Flynn and his connection with Russia. Mueller and his team’s brief is to investigate “any links and/or coordination between Russian government and individuals associated with the campaign of President Donald Trump, and any matters that arose or may arise directly from the investigation”, to quote from assistant Attorney-General Rod Rosenstein, who appointed Mueller in the position. That’s a pretty wide brief, it seems to me. Mueller has a fearsome reputation and he’s gathered together a team of 16 lawyers, some of them highly reputed, and if Flynn is indicted, which appears a near-certainty, things may well reach crisis-point for the administration.

So it all appears to be going along nicely, if painfully slowly for those who want Trump and his confederacy of dunces removed. The thing is, Mueller and his team will be thorough. They won’t go charging in and arresting people unless the evidence is clear, and even then they may try to use the guilty as hell to gain more information about other parties, in exchange for a degree of immunity. I’m sure I’m not the only one who would love to be a fly on the wall of Mueller’s Justice Department offices over the coming weeks.

Flynn seems to be a particularly revolting reptile. Apparently he tried to arrange a deal, which would have earned him oodles of money, to smuggle the moderate Turkish cleric Fethullah Gulen out of the USA to Turkey, where he would’ve faced certain death under the thuggish macho dictator Erdogan, who constantly accused Gulen of organising the failed coup against him. If this is true, and provable, hopefully Flynn will live inside a cell for a long time. But there’s also a possibility that Flynn discussed this plan with the morally cretinous Trump, who would undoubtedly have approved. If there’s evidence of such discussions, that would be fantastic for us all.

Flynn’s a weak link for many other reasons, it seems. According to the Washington Post, he lied to the FBI – a felony offence – about discussions with Russian ambassador Sergey Kislyak regarding sanctions imposed on Russia by the Obama administration due to its meddling in the US election. It was because of this dishonesty that he was sacked by Trump – with great reluctance. Flynn also seems to have been involved in a strange plan to build US-Russian nuclear power plants in the Middle East, about which, again, he has been less than honest. The Russians who were part of the deal are under US sanctions. Flynn has an obvious penchant for the anti-democratic Russian kleptocracy, something of a liability for a National Security Advisor.

And there are other members of the confederacy – Trump junior, Kushner and Sessions stand out, but there are so many others in the worst political administration the western world has ever seen – who are being targeted by the Mueller inquiry. The question really is – when will the circus be closed down? Every day’s delay, after all, brings damage. Morans are running the Department of Energy, the Department of Agriculture, the EPA and just about every other US department…

All of this calls into question the whole of the US political system, surely. It has often been called the least democratic system in the western world, though that tends to avoid the problem with democracy itself, the problem that uninformed people have the same voting rights as informed people. If you’re going to have a democracy of that kind, you really need to maximise the number of informed people. But another problem, and it’s as clear a problem in Australia as anywhere, is that ignorant, loud-mouthed people can run for political office, with far less vetting than is carried out in protecting our borders. In this respect I’m an unashamed elitist. But America’s presidential system is way too presidential. Australia’s political system, like Britain’s, is much more party-based, with responsibilities, and culpability, more equally shared among government leaders. And this, I think, is a much better, much less dangerous system. In the USA, people generally vote every four years for a person rather than a party and its policy set, and this has so many problems associated with it, it just isn’t funny. Trump, for example, isn’t a Republican, he’s ‘his own man’, a blundering, bullying, bullshitting, bragging, belly-aching buffoon, a man born into and gifted enormous wealth, a laughing-stock as a businessman, a patsy for Russian mafioso oligarchs, who has installed an assorted pile of know-nothings to important political, scientific and cultural posts in the most economically powerful in the world – though by no means a model country for fairness, security or opportunity. I can’t think of any other western country in which this could’ve happened. The checks and balances, but above all the political culture of those countries would never have allowed it.

 

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Written by stewart henderson

November 19, 2017 at 10:00 am

the battle for justice part 3 – is there any way to clear your name?

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A prosecution should not proceed if there is no reasonable prospect of a conviction being secured. This basic criterion is the cornerstone of the uniform prosecution policy adopted in Australia.

from ‘The decision to prosecute’, in ‘Statement of prosecution policy and guidelines’, Director of Public Prosecutions, South Australia, October 2014

shit, please don’t tell me the other 24

I’ve argued that it’s pretty well impossible to clear your name, once you’re arrested and charged with a serious crime, due to the nolle prosequi conundrum. And if the charge has to do with a child, you’re unlikely to get work which may involve children, even if no evidence whatsoever has been presented against you, as in my case. But surely there must be some way to clear your name. It can’t be all doom and gloom. Can it?

  1. Approach the former plaintiff

A number of people who know about the case have asked me – what about the boy who accused you? He’s a young man now, maybe he regrets it all and has changed his tune. If he could be prevailed upon to admit it was all a lie..?

To be honest, I have no inclination whatsoever to go looking for him, and it would probably look bad if I did. And if he changed his story after encountering me, or someone acting in my name, how reliable would his new story be? So I’m very reluctant to go down that path, though it might be a last resort.

2. Approach the DPP

More promising, perhaps, would be to go to the DPP. Why did they abandon the case? My guess has always been that the boy’s story was full of contradictions and kept changing, but it’s also possible that, under pressure, he admitted it was all made up. Way back then. As one of my quotes on nolle prosequi, from my previous post, states: Normally the DPP doesn’t give a reason for such a decision. I’m in the process of requesting all the court documents from the case, and maybe a reason for the decision will appear there, but again I’m very doubtful. And approaching the DPP for a reason now would surely be like trying to get blood out of a stone. Still, such a request might be worth a try.

3. Take it up with the ombudsman/human rights commission

Assuming my appeal fails – and it probably will – the DCSI website kindly suggests that I could take the matter up with these other organisations. The obvious problem with this is that it would be a long-term process, and I’m 61 years old, poor, and desperate to be reinstated in the job I love now. So, yes, I do feel it’s a human rights issue, and I would like to take it up, regardless, with the HRC, though I can hardly imagine it being a priority for them. It’s not a serious option for my immediate situation.

4. Appeal to consistency of character

This is the one that screams at me (and at others) as my best defence. We’ve all heard of criminal profiling, where the police or criminologists seek to predict future offending and victims based on past behaviour, but I have no criminal profile. When I was accused by this boy I was forty-nine years old, with no history, and never any accusations, of violence or sexual abuse of any kind. I’d fostered two young boys before this lad, and I fostered another three after him, with no complaints. I’m proud of what I did as a foster carer, and I’m particularly proud of my work as a teacher in recent years, with mostly young adults but a sprinkling of under eighteens in each class – scores  of them overall. And never a hint of a complaint. On the contrary…

And this is what really hurts. When the police arrested me for rape, they had never so much as seen me before. They knew nothing about me, they wouldn’t know me from a bar of soap. They arrested me purely due to the seriousness of the allegation. When the DPP took up the case, passing it from lawyer to lawyer for about a year, none of them knew me from a bar of soap. I was no more than a name. Similarly, when the DCSI began screening me 11 years later, they didn’t know me from a bar of soap. I was just one of the presumably thousands of individuals they had to screen. And they didn’t investigate me, in the way the Dunedin Study studied particular individuals longitudinally – profiling them, essentially. They investigated documents. The documents of the police and the DPP. The documents relating to that one, isolated allegation. Nothing else mattered. Nothing.

So an appeal to consistency of character won’t work when character isn’t being looked at at any point down the line. The DCSI appears to look at documents, not at character. The DPP also looks at documents, police documents, and the police don’t seem to look at anything much. The DCSI has stated that an adverse finding isn’t binding. Employers can make up their own minds. But it’s no surprise that employers, especially large-scale impersonal employers, given the current state of moral concern or panic over sexual abuse, will have a policy of accepting the DCSI finding. Thus in this case, they’ll rely on DCSI documents, which rely on court documents, which rely on police documents, which rely on, in this case, nothing much. I think they call this ‘procedural fairness’. Let’s not let our human, personal biases get in the way of effective decision-making.

The Dunedin longitudinal study, and every other study of its kind, give strong scientific credibility to the insight that the best guide to future behaviour is past behaviour. My life-time record of civilised, tolerant, non-violent and caring behaviour, however, was never taken into account by the police when they asked me to sit down at the Port Adelaide police station, not knowing me from a bar of soap, and promptly charged me with rape. And everything that I suffered over the next year, and everything that the DCSI is putting me through now, results from that event.

I had a chat with my semi-former boss today (I’ve been sort of suspended from work pending the outcome of my appeal). I told her I held little hope of my appeal being successful, because ‘I had nothing more to declare but my innocence’. I didn’t actually say that, just thought of it now, but that was the gist of it. But interestingly I feel more confident now as I go through the processes. That’s the usual way when you’re under this kind of cloud, your thoughts oscillate, often extremely, from pessimism to optimism and back again.

My hope, ridiculous as it is, is that when organisations like DCSI have their noses rubbed into the basic injustice of taking the most extreme, conservative view of nolle prosequi, thus destroying the careers of good people, they will see reason. And they might also be persuaded of the obvious truth that everyone else is taking the most extreme, conservative view of their findings.

I’ll no doubt survive, deprived of my vocation. I’ll go into retirement earlier, I’ll be more pressed for funds. I’ll most certainly miss my students, more than anything. But I won’t give up the fight. I don’t want any of these people to feel complacently that they’re making this world safer for children and young people. In this case, they’re most definitely not. And it’s not good enough to shrug and think that some collateral damage is necessary when you’re doing the ‘right thing’. It isn’t.

Written by stewart henderson

November 14, 2017 at 11:32 am

The battle for justice part 2: the problem with nolle prosequi

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A prosecution should not proceed if there is no reasonable prospect of a conviction being secured. This basic criterion is the cornerstone of the uniform prosecution policy adopted in Australia.

from ‘The decision to prosecute’, in ‘Statement of prosecution policy and guidelines’, Director of Public Prosecutions, South Australia, October 2014

Continuing from last post, the case against me was dropped a short while after the arraignment, but not before the police made a visit to my home, the soi-disant scene of the crime. They’d never visited my home or made any contact with me since the arrest, many months before, but it seems the arraignment had spurred them, or forced them, into action.

This was something I’ve never really got. Like many of us I’ve watched my share of crime shows and whodunits. Typically, the arrest comes as the final scene, after weeks and months of painstaking sleuthing. Yet my arrest seemed to have come at the start (though I did have to wait for a while), before any questioning. And then, after the arraignment, the police suddenly showed up at the putative crime-scene to do their sleuthing at last.

I knew what they’d come for, too. Long before, my lawyer had told me some of the details of the boy’s claim. I had apparently raped him in the toilet, after which he’d gotten away and locked himself in the bedroom. I was able to tell the lawyer that none of the bedrooms in my house were lockable, so that part of his story was demonstrably false, so at long last they’d come to check. And then, almost the next day, I was told the case was over.

I don’t remember being sent any paperwork to that effect but I suppose I must have. I was just relieved it was all over, that sanity had prevailed, etc. But this year, more than 11 years on, I came to realise, thanks to a screening process by the DCSI (the South Australian government’s Department of Communities and Social Inclusion), that it wasn’t over, and that it would never be over. This was because of the little matter of ‘Nolle Prosequi’:

The entering of a nolle prosequi by the Director of Public Prosecutions means that he is not pursuing the prosecution at this stage. Theoretically he may pursue the prosecution at a later stage, but this rarely, if ever, happens. Normally the DPP does not give a reason for such a decision, but it is usually based on a problem with the evidence he has assembled. In the course of assembling it, or after it has been assembled in a book of evidence, a problem may arise with a witness or a crucial part of it, that would make it difficult to proceed. Difficulties of this nature usually undermine the whole basis for the trial. Even if new evidence is discovered, the problems with the old evidence remain. If a nolle prosequi is entered, and then registered by the court, the accused is discharged and free to go. He or she enjoys the presumption of innocence that all accused people enjoy until they are convicted of a crime beyond all reasonable doubt. (Carole Coulter, Irish Times, April 2006)

 

Nolle prosequi... is a legal term of art and a Latin legal phrase meaning “be unwilling to pursue”, a phrase amounting to “do not prosecute”. It is a phrase used in many common law criminal prosecution contexts to describe a prosecutor’s decision to voluntarily discontinue criminal charges either before trial or before a verdict is rendered. It contrasts with an involuntary dismissal. Legal effect [in the USA]: The entry of a nolle prosequi is not an acquittal, and the principle of double jeopardy therefore does not apply. The defendant may later be re-indicted on the same charge. Effect on future employment [in the USA] Federal agencies, especially the military, view nolle prosequi as an unfavorable judgement. This has the effect of requiring a waiver submission for service, or the outright denial of employment (WIKIPEDIA).

Nolle prosequi was the ‘finding’ in my case.

As indicated in the quotes above, nolle prosequi can be interpreted as anything from ‘presumed innocent’ to ‘still pretty suss’, and it seems any department, any arm of government, is at liberty to interpret it as they wish (and given the current environment, they’re more than likely to err on the side of the child/accuser). But here’s the kicker, as the yanks say. And it’s an extremely important and fundamental kicker for my argument. Once arrested (for sexual abuse or rape, say) nolle prosequi is essentially the best any accused can hope for!! This is the dirty little secret your lawyer is most unlikely to tell you about.

Let me explain. When you go and seek legal aid to defend yourself against a false charge [please, if only for hypothetical reasons, assume the accusation is false], it means you’ve already been arrested, and the DPP has already instituted proceedings against you. And once a prosecution is instituted, your lawyer will try to get it thrown out, i.e nolle prosequi. The other alternative is acquittal – but acquittal can only come after a full criminal trial. I quoted in my last post that an arraignment is the first stage of an 11-stage criminal trial in Australia. That should give an indication of just how humungous a criminal trial actually is – involving lawyers, witnesses and experts for both sides, the presentation of different types of evidence, examinations and cross-examinations, a jury presumably, and all in all a process that will tie up a courtroom for some time, with much expenditure of money and energy. So your lawyer is actually trying her best to make sure you don’t have your day in court. So nolle prosequi is the lawyer’s victory, but if organisations like DCSI interpret nolle prosequi as ‘still pretty suss’, that means you’re stuffed – for the rest of your life! If not longer.

Now, notice the statement from the DPP at the top of this post. It sounds impressive – they won’t go ahead with a case unless they have a reasonable prospect of succeeding (and this would surely mean having sufficient, or at least some, evidence). Now, let me tell you that during the whole 13 or 14 months that my case was ongoing, I was in a state of sleepless agony, and occasional rage, with the mantra ‘no evidence, no evidence’ echoing in my head, and on the day after I heard that my case was dismissed, I took to my computer and typed a terse paragraph to the DPP (yes I’m sometimes capable of terseness), accusing them of incompetence in my case, not only for seeming to pass the buck from lawyer to lawyer, but for going against their prosecution policy as stated on their website, which I quoted back to them (the policy was, I believe, worded a little differently in 2006 from the 2014 version quoted above, and I think then it actually mentioned evidence). Not surprisingly they didn’t respond, but I met my lawyer, purely by accident, a few months later and he told me my letter had caused quite a stir – which thrilled me as throughout the case I always felt like Mr Nobody or The Invisible Man. I asked him why, with no evidence at all, the case had lasted as long as it did. His response was that I was one of the lucky ones. Many people in his experience had gone through this process and been destroyed, based on no more evidence than they had against me. No more than someone’s story.

But I’ve had another insight since taking aim at the DPP all those years ago. Yes, I still think the DPP contravened their own policy by taking on my case, but I was forgetting, in my utmost naivety, the role of the police. Yes, the DPP say they won’t prosecute a case unless they have a reasonable chance of success, but when the police arrest a person and charge him with rape, the DPP obviously don’t know a thing about it. They only find out later, from the police. In other words, the DPP has cases ‘dumped’ on it by the police, and has to make the best of them. Their ‘reasonable prospect of conviction’ is based entirely on the word of the police that they have sufficient evidence. You can see here how a world of tension and acrimony might open up between the police and the DPP.

So it looks as if my anger against the DPP might’ve been misplaced. My anger should have been directed at the police. But of course if I’d written to the police about their lack of evidence, where would it have got me?

 

Written by stewart henderson

November 13, 2017 at 2:53 pm

Posted in argument, work

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The battle for justice, part 1: some background to the case

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A prosecution should not proceed if there is no reasonable prospect of a conviction being secured. This basic criterion is the cornerstone of the uniform prosecution policy adopted in Australia.

from ‘The decision to prosecute’, in ‘Statement of prosecution policy and guidelines’, Director of Public Prosecutions, South Australia, October 2014

not this movie, unfortunately

I rarely focus on myself on this blog, but now I feel I have to. Today I lost my job because of something that happened to me about 12 years ago. So the next I don’t know how many posts will be devoted to my battle for justice, in the hope that it may help others in a similar situation. Of course I also find that writing is my best solace, as well as my best weapon. I have no financial resources to speak of, all I have is a certain amount of nous.

Between 2003-4 and 2010 I was a foster carer, under the aegis of Anglicare. Over that period I fostered six boys, with naturally varying success.

So why did I become a foster carer? I simply saw an ad on a volunteering website. I was being pushed to do some work, which I’ve always been reluctant to do, being basically a reclusive bookworm who loves to read history, science, everything that helps to understand what humans are, where they came from, where they’re going. And I hate when work interferes with that! But having come from what for me was a rather toxic family background, trying to shut myself from screaming fights between parents, and being accused by my mother, the dominant parent, of being a sneak and a liar, and ‘just like your father’ (her worst insult), and being physically and mentally abused by both parents (though never sexually), and having run away from home regularly in my teen years, I imagined that, as a survivor, I could offer something which might work for at least some of these kids  – a hands-off, non-bullying environment which would be more equal in terms of power than many foster-care situations. Call me naive…

Mostly, this approach worked. I did have to get heavy now and then of course, but not for long, so I always managed to stay on good terms with my foster-kids, as I have more recently with my students. This was even the case with the lad who accused me of raping him.

Let me describe the case as briefly as possible. A fifteen-year old boy was in my care in September 2005. He was much more of a handful than the previous two boys I’d looked after, and when I lost my temper with him during a school holiday trip in Victor Harbour, he took it out on me by claiming to his mother, with whom he spent his weekends, that I’d punched him on the back of the head. This was false, but his mother took the matter to the police, and the boy was immediately taken out of my care.

After an internal review conducted by Anglicare I was cleared of any wrongdoing, to their satisfaction at least, and another boy was placed in my care. Then, sometime in early 2006, this boy was secretly whisked out of my care, and I was informed by Anglicare that a serious allegation had been made against me. I was in shock, naturally thinking this new boy had also accused me of some kind of violence, but I was finally informed by the Anglicare social worker who’d been overseeing my placements that ‘it isn’t your new foster – kid’. The penny dropped more or less immediately that it was the same boy who’d accused me of hitting him. This boy, as far as I was aware, was now living happily with his mum.

I was left in limbo for some time, but eventually I received a message from the police to go to the Port Adelaide police station. There I was asked to sit down in an office with two police officers, and informed that I was under arrest for rape.

I was somewhat taken aback haha, and I don’t recall much of the conversation after that, but I think it went on for a long time. I do remember one key question: if the boy’s lying, why would he make such an allegation? I had no answer: I was unable to think clearly, given the situation. But later that night, after my release on bail, an answer came to me, which might just be the right one. When the boy was in my care, the plan was to reconcile him with his mother, who put him in care in the first place because she couldn’t cope with him. I knew his mother, as I met her every weekend for handover. She was highly strung and nervous, and it seemed likely she was again having trouble coping with full-time care. Quite plausibly, she was threatening to return him to foster care, which he wouldn’t have wanted. She allowed him to smoke, she allowed him to hang out with his mates, and her environment was familiar to him. To him, I would’ve seemed boringly bookish and unadventurous. What’s more, his claim that I’d hit him had worked perfectly for him, getting him exactly where he wanted. Why not shut the door on foster care forever, by making the most extreme claim?

I don’t really know if this sounds preposterous to an impartial reader, but this answer to the riddle struck me as in keeping with what I knew of the boy’s thinking, and it was backed up by a remark he made to me, which soon came back to haunt me. He said ‘my mum’s friend told me that all foster carers are child molesters…’. It was the kind of offhand remark he’d often make, but it was particularly striking in light of something I was told later by my lawyer. Apparently, the boy didn’t tell his mother directly that I’d raped him, he’d told a friend of his mother, who’d then told her.

So, after the sleepless night following my arrest, I felt confident that I knew the answer to the key police question. I typed it up and took it forthwith to the Port Adelaide station (I didn’t trust the mail). How utterly naive of me to think they’d be grateful, or interested! I received no response.

So I obtained a lawyer through legal aid, or the Legal Services Commission. At the time I was dirt poor: I’d received a stipend as a foster carer, but that had stopped. Otherwise I worked occasionally as a community worker or English language teacher, mostly in a voluntary role. From the moment I was charged I spent many a sleepless night imagining my days in court, heroically representing myself of course, exposing contradictions and confabulations, citing my spotless record, my abhorrence of violence of all kinds, etc, etc. So I was a bit miffed when my lawyer told me to sit tight and do nothing, say nothing, and to leave everything to him. Standard procedure, presumably. The case passed from hearing to hearing (I don’t know if that’s the word – at least there were several court appearances), over a period of more than a year, and every time I expected it to be dismissed, since I knew there was no evidence. It had to be dismissed, there could be no other possibility. The only reason it had become a court matter in the first place, it seemed to me, was the absolute enormity of the allegation. But how could this possibly be justified? But I had to admit, the boy had, more or less accidentally, stumbled on the perfect crime to accuse me of – a crime committed months before, where there could be no visible evidence one way or another… It was all very nerve-wracking. And I was very annoyed at the fact that the DPP (the Office of the Director of Public Prosecutions) seemed to have different lawyers representing it at every court appearance, and mostly they behaved as if they’d only been handed the brief minutes before.

Finally I arrived at the lowest point so far – an arraignment. I didn’t know this (my last) appearance would be an arraignment and I didn’t know what that was. I just expected yet another appearance with a handful of yawning court officials and lawyers in attendance. Instead I found a packed courtroom.

Arraignment is a formal reading of a criminal charging document in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea.

In Australia, arraignment is the first of eleven stages in a criminal trial, and involves the clerk of the court reading out the indictment. (WIKIPEDIA)

The reason the courtroom was packed is that several arraignments are processed in the same courtroom on the same day, so there were several accused there with their friends and families. Unfortunately, I was solo. On my turn, I was taken out to the holding cells and brought in – some kind of ceremonial – to the dock. The charge was read out (I’d already been given the ‘details’ by the lawyer, so I barely listened to it) and I was asked to plead, and the judge told the court, to my utter amazement, that I was adjudged to have a case to answer.

So it was perhaps even more amazing that, a week or two after that appearance, the case was dropped.

 


 

Written by stewart henderson

November 11, 2017 at 7:34 pm

an assortment of new technology palaver

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I like the inset pic – very useful for the Chinese

Western Australia lithium mining boom

I’m hearing, better late than never, that lithium carbonate from Western Australia is in big demand. The state already provides most of the world’s lithium for all those batteries used to run smart devices, electric vehicles, and large-scale storage batteries such as South Australia’s Tesla-Neoen thingy at Jamestown (now 80% complete, apparently). Emissions legislation around the world will only add to the demand, with the French and British governments planning to ban the sale of petrol and diesel vehicles by 2040, following similar plans by India and Norway, and the major investments in EVs in China. Australia’s government, of course, is at the other end of the spectrum re EVs, but I’ve no doubt we’ll get there eventually (we’ll have to!). Tesla, Volvo, Nissan, Renault, Volkswagen and Mercedes are all pushing more EVs into the marketplace. So now’s the time, according to Money Boffins Inc, to buy shares in lithium and other battery minerals (I’ve never bought a share in my life). This lithium mining boom has been quite sudden and surprising to many pundits. In January of this year, only one WA mine was producing lithium, but by mid-2018 there will be eight, according to this article. The battery explosion, so to speak, is bringing increased demand for other minerals too, including cobalt, nickel, vanadium and graphite. Australia’s well-positioned to take advantage. Having said that, the amount of lithium we’re talking about is a tiny fraction of what WA exports in iron ore annually, but it’s already proving to be a big boost to the WA economy, and a big provider of jobs.

battery recycling

Of course all of this also poses a problem, as mentioned in my last post, and it’s a problem that the renewable energy sector should be at least ideologically driven to deal with: waste and recycling. Considering the increasing importance of battery technology in our world, and considering the many toxic components of modern batteries, such as nickel, lead acid, cadmium and mercury, it’s yet another disappointment that there’s no national recycling scheme for non-rechargeable batteries. Currently only lead acid batteries can be recycled, and the rest usually end up in landfill or are sent to be recycled overseas. So it’s been left to the industry to develop an Australian Battery Recycling Initiative (ABRI), which has an interesting website where you can learn about global recycling and many other things batterial – including, of course, how to recycle your batteries. Also, an organisation called Clean Up Australia has a useful battery recycling factsheet, which, for my own educational purposes I’m going to recycle here, at least partly. Battery types can be divided into primary, or single-use, and secondary, or rechargeable. The primary batteries generally use zinc and manganese in converting chemical to electrical energy. Rechargeable batteries use a variety of materials, including nickel cadmium, nickel metal hydride and of course lithium ion chemistry. Batteries in general are the most hazardous of waste materials, but there are also environmental impacts from battery production (mining mostly) and distribution (transport and packaging). As mentioned, Australian batteries are sent overseas for recycling – ABRI and other groups are trying to set up local recycling facilities. Currently a whopping 97% of these totally recyclable battery units end up in landfill, and – another depressing factoid – Australia’s e-waste is growing at 3 times the rate of general household waste. So the public is advised to use rechargeable batteries wherever possible, and to take their spent batteries to a proper recycling service (a list is given on the fact sheet). The ABRI website provides a more comprehensive list of drop-of services.

2015 registrations: Australia’s bar would be barely visible on this chart

EVs in Australia – a very long way to go

I recently gave a very brief overview of the depressing electric vehicle situation in Australia. Thinking of buying one? Good luck with that. However, almost all motorists are much richer than I am, so there’s hope for them. They’re Australia’s early adopters of course, so they need all the encouragement we can give them. Journalist Timna Jacks has written an article for the Sydney Morning Herald recently, trying to explain why electric vehicles have hit a dead end in Australia. High import duties, a luxury car tax and a lack of subsidies and infrastructure for electric vehicles aren’t exactly helping the situation. The world’s most popular electric car, the Nissan Leaf, is much more expensive here than in Europe or the US. And so on. So it’s hardly surprising that only 0.1% of all cars sold in Australia in 2015 were electric cars (compared with 23% and rising in EV heaven, aka Norway, 1.4% in France and 0.7% in the US). Of course Australia’s landscape’s more or less the opposite of compact, dense and highly urbanised Europe, and range anxiety might be a perennial excuse here. We have such a long way to go. I expect we’ll have to wait until shame at being the world’s laughing-stock is enough of a motivation.

Adelaide’s Tindo

I’ve been vaguely aware of Adelaide’s ‘green bus’ for some years but, mea culpa, haven’t informed myself in any depth up until now. The bus is called Tindo, which is a Kaurna aboriginal word meaning the sun. Apparently it’s the world’s first and only completely solar powered electric bus, which is quite amazing. The bus has no solar panels itself, but is charged from the solar panels at the Franklin Street bus station in the city centre. It’s been running for over four years now and I’m planning to take a trip on it in the very near future. I was going to say that it’ll be the first time I’ve been on a completely electric vehicle with no internal combustion engine but I was forgetting that I take tram trips almost every day. Silly me. Still, to take a trip on a bus with no noisy engine and no exhaust fumes will be a bit of a thrill for me. Presumably there will be no gear system either, and of course it’ll have regenerative braking – I’m still getting my head around this stuff – so the ride will be much less jerky than usual.

So here are some of the ‘specs’ I’ve learned about Tindo. It has a range of over 200 kilometres (and presumably this is assisted by the fact that its route is fixed and totally urban, so the regen braking system will be charging it up regularly). It uses 11 Swiss-made Zebra battery modules which are based on sodium nickel chloride, a type of molten salt technology. They have higher energy density, they’re lightweight and virtually maintenance free. According to the City of Adelaide website the solar PV system on the roof of the bus station is (or was – the website is annoyingly undated) ‘Adelaide’s largest grid-connected system, generating almost 70,000 kWh of electricity a year’. No connection to the ‘carbon-intensive South Australian electricity grid’ is another plus, though to be fair our grid is far less carbon intensive than Victoria’s which is almost all brown coal. South Australia’s grid runs on around half gas and half renewables, mostly wind. The regen braking, I must remind myself, means that when decelerating the bus uses no energy at all, and the motor electronically converts into an electrical generator, which generates electricity with the continued forward motion of the bus. There are many more specs and other bits of info on this Tindo factsheet.

battery technology and the cobalt problem

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The battery in my iPhone 6+ is described as a lithium polymer, or Li-ion polymer battery. I’m trying to find out if it contains cobalt. Why? Because cobalt is a problem.

According to this Techcrunch article, most of the world’s cobalt is currently sourced from Africa, especially the Congo, one of the world’s poorest countries. Child labour is regularly used in the mines there, under pain of beatings and other forms of coercion. The battery industry uses about 42% of global cobalt production, and the rest is used in a range of essential military-industrial applications.

Incidentally, this article from teardown.com blog goes deep inside the iPhone 6+ battery, showing that it uses lithium cobalt oxide (LiCoO2) for the cathode.

I can think of three possible ways out of this problem. 1. Stop sourcing cobalt from the Congo, or anywhere else that has exploitative labour practices. 2. Reform those labour practices, to improve the lives of the workers and provide them with a fairer share of the tech revolution profits. 3. Find an alternative to cobalt for batteries and other applications.

I didn’t say there were easy solutions haha. Anyway, let’s examine them.

An online Fortune article from March this year, which by the way confirms that cobalt is indeed used in iPhone and iPad batteries, reported that Apple has responded to investigative articles by Washington Post and Sky News by no longer buying cobalt from companies that employ child labour. Of course, even if we take Apple at its word – and considering that the Congo provides 60% of the world’s cobalt, and other African sources may have similar problems, how else will Apple be able to source cobalt cheaply? – the problem of Congolese child labour remains. The Washington Post report focused on a Chinese company, Zhejiang Huayou Cobalt Company, which purchases a large percentage of Congolese cobalt. It seems highly unlikely that such a company will be as affected by public or media pressure as Apple. However, there are some positive signs. A report in the Financial Times from a year ago, entitled ‘China moves to quell child labour claims in Congo cobalt mines’, says that China has launched a ‘Responsible Cobalt Initiative’ to improve supply chain governance and transparency. Whether this means applying solution 1 or solution 2 to the problem is unclear, but presumably it’s solution 2, and it really is a serious initiative, put forward by the Chinese Chamber of Commerce for Metals, Minerals and Chemicals Importers and Exporters, backed by the OECD and involving a number of international tech companies. Of course we’ll have to wait for reports on how this initiative is faring, and on whether these companies are concerned to improve the lives of cobalt miners or simply to ban the under-age ones while still paying very little to the remainder. Continued scrutiny is obviously necessary.

Of course, solution 3 would be of most interest to tech-heads (though presumably the effect on the Congolese economy would be terrible). According to this marketing article, there isn’t too much cobalt available, and the demand for it is increasing sharply. One problem is that cobalt isn’t generally mined on its own as ‘primary cobalt’ but as a byproduct of copper or nickel, and both of these metals are experiencing a worldwide price plunge, with many mines suspending activities. Also the current supply chain for cobalt is being dominated by Chinese companies. This could have a stifling effect especially on the EV revolution. Governments in advanced countries around the world – though not in Australia – are mandating the adoption of electric vehicles and the phasing out of fossil-fuel-based road transport. The batteries for these vehicles all contain cobalt.

In the TechCrunch article mentioned above, journalist Sebastien Gandon examines the Tesla situation. The company has a target of 500,000 vehicles a year by 2018, with cobalt sourced exclusively from North America. On the face of it, this seems unrealistic. Canada and the US together produce about 4% of the world’s cobalt supply, and  acccording to Gandon the maths just doesn’t add up, to say the least. For a start, the mining companies Tesla is looking to rely on are not even operational as yet.

However, there are a few more promising signs. The Tesla model S has been using high energy density nickel-cobalt-aluminium-based (NCA) battery cells, which have a lower cobalt content than the nickel-manganese-cobalt (NMC) batteries of most other companies. There is also the possibility of adopting lithium-iron-phosphate (LFP) chemistry, or lithium-manganese-oxide (LMO), neither of which use cobalt, though their lower energy density is a problem. In any case, battery technology is going through a highly intensive phase at present, as I’ve already reported, and a move away from cobalt has become a distinct possibility. Nickel is currently being looked at, but results so far have been disappointing. There are certainly other options in the offing, and cobalt itself, which unlike oil is completely recyclable, could still be viable with greater focus. It isn’t so much that it is scarce, it’s more that, in the past, it hasn’t been a primary focus, but mining it as a primary source will require substantial upfront costs, and substantial time delays.

So, all in all, it’s a problematic future, at least in the short term, for vehicles and technologies using cobalt-based battery systems. We can only wait and see what comes out of it.

Written by stewart henderson

October 28, 2017 at 12:55 pm

on electrickery, part 2 – the beginnings

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William Gilbert, author of De Magnete, 1600

Canto: So let’s now start at the beginning. What we now call electricity, or even electromagnetism, has been observed and questioned since antiquity. People would’ve wondered about lightning and electrostatic shocks and so forth.

Jacinta: And by an electrostatic shock, you mean the sort we get sometimes when we touch a metal door handle? How does that work, and why do we call it electrostatic?

Canto: Well we could do a whole post on static electricity, and maybe we should, but it happens when electrons – excess electrons if you like – move from your hand to the conductive metal. This is a kind of electrical discharge. For it to have happened you need to have built up electric charge in your body. Static electricity is charge that builds up through contact with clothing, carpet etc. It’s called static because it has nowhere to go unless it comes into contact with a positive conductor.

Jacinta: Yes and it’s more common on dry days, because water molecules in the atmosphere help to dissipate electrons, reducing the charge in your body.

Canto: So the action of your shoes when walking on carpet – and rubber soles are worst for this – creates a transfer of electrons, as does rubbing a plastic rod with wooden cloth. In fact amber, a plastic-like tree resin, was called ‘elektron’ in ancient Greek. It was noticed in those days that jewellery made from amber often stuck to clothing, like a magnet, causing much wonderment no doubt.

Jacinta: But there’s this idea of ‘earthing’, can you explain that?

Canto: It’s not an idea, it’s a thing. It’s also called grounding, though probably earthing is better because it refers to the physical/electrical properties of the Earth. I can’t go into too much detail on this, its complexity is way above my head, but generally earthing an electrical current means dissipating it for safety purposes – though the Earth can also be used as an electrical conductor, if a rather unreliable one. I won’t go any further as I’m sure to get it wrong if I haven’t already.

Jacinta: Okay, so looking at the ‘modern’ history of our understanding of electricity and magnetism, Elizabethan England might be a good place to start. In the 1570s mathematically minded seamen and navigators such as William Borough and Robert Norman were noting certain magnetic properties of the Earth, and Norman worked out a way of measuring magnetic inclination in 1581. That’s the angle made with the horizon, which can be positive or negative depending on position. It all has to do with the Earth’s magnetic field lines, which don’t run parallel to the surface. Norman’s work was a major inspiration for William Gilbert, physician to Elizabeth I and a tireless experimenter, who published De Magnete (On the Magnet – the short title) in 1600. He rightly concluded that the Earth was itself a magnet, and correctly proposed that it had an iron core. He was the first to use the term ‘electric force’, through studying the electrostatic properties of amber.

Canto: Yes, Gilbert’s work was a milestone in modern physics, greatly influencing Kepler and Galileo. He collected under one head just about everything that was known about magnetism at the time, though he considered it a separate phenomenon from electricity. Easier for me to talk in these historical terms than in physics terms, where I get lost in the complexities within a few sentences.

Jacinta: I know the feeling, but here’s a relatively simple explanation of earthing/grounding from a ‘physics stack exchange’ which I hope is accurate:

Grounding a charged rod means neutralizing that rod. If the rod contains excess positive charge, once grounded the electrons from the ground neutralize the positive charge on the rod. If the rod is having an excess of negative charge, the excess charge flows to the ground. So the ground behaves like an infinite reservoir of electrons.

So the ground’s a sink for electrons but also a source of them.

Canto: Okay, so if we go the historical route we should mention a Chinese savant of the 11th century, Shen Kuo, who wrote about magnetism, compasses and navigation. Chinese navigators were regularly using the lodestone in the 12th century. But moving into the European renaissance, the great mathematician and polymath Gerolamo Cardano can’t be passed by. He was one of the era’s true originals, and he wrote about electricity and magnetism in the mid-16th century, describing them as separate entities.

Jacinta: But William Gilbert’s experiments advanced our knowledge much further. He found that heat and moisture negatively affected the ‘electrification’ of materials, of which there were many besides amber. Still, progress in this era, when idle curiosity was frowned upon, was slow, and nothing much else happened in the field until the work of Otto von Guericke and Robert Boyle in the mid-17th century. They were both interested particularly in the properties, electrical and otherwise, of vacuums.

Canto: But the electrical properties of vacuum tubes weren’t really explored until well into the 18th century. Certain practical developments had occurred though. The ‘electrostatic machine’ was first developed, in primitive form, by von Guericke, and improved throughout the 17th and 18th centuries, but they were often seen as little more than a sparky curiosity. There were some theoretical postulations about electrics and non-electrics, including a duel-fluid theory, all of which anticipated the concept of conductors and insulators. Breakthroughs occurred in the 1740s with the invention of the Leyden Jar, and with experiments in electrical signalling. For example, an ingenious experiment of 1746, conducted by Jean-Antoine Nollet, which connected 200 monks by wires to form a 1.6 kilometre circle, showed that the speed of electrical transmission was very high! Experiments in ‘electrotherapy’ were also carried out on plants, with mixed results.

Jacinta: And in the US, from around this time, Benjamin Franklin carried out his experiments with lightning and kites, and he’s generally credited with the idea of positive to negative electrical flow, though theories of what electricity actually is remained vague. But it seems that Franklin’s fame provided impetus to the field. Franklin’s experiments connected lightning and electricity once and for all, though similar work, both experimental and theoretical, was being conducted in France, England and elsewhere.

Canto: Yes, there’s a giant roll-call of eighteenth century researchers and investigators – among them Luigi Galvani, Jean Jallabert, John Canton, Ebenezer Kinnersley, Giovanni Beccaria, Joseph Priestley, Mathias Bose, Franz Aepinus, Henry Cavendish, Charles-Augustin Coulomb and Alessandro Volta, who progressed our understanding of electrical and magnetic phenomena, so that modern concepts like electric potential, charge, capacitance, current and the like, were being formalised by the end of that century.

Jacinta: Yes, for example Coulomb discovered, or published, a very important inverse-square law in 1784, which I don’t have the wherewithal to put here mathematically, but it states that:

The magnitude of the electrostatic force of attraction between two point charges is directly proportional to the product of the magnitudes of charges and inversely proportional to the square of the distance between them.

This law was an essential first step in the theory of electromagnetism, and it was anticipated by other researchers, including Priestley, Aepinus and Cavendish.

get it?

Canto: And Volta produced the first electric battery, which he demonstrated before Napoleon at the beginning of the 19th century.

Jacinta: And of course this led to further experimentation – almost impossible to trace the different pathways and directions opened up. In England, Humphrey Davy and later Faraday conducted experiments in electrochemistry, and Davy invented the first form of electric light in 1809. Scientists, mathematicians, experimenters and inventors of the early nineteenth century who made valuable contributions include Hans Christian Orsted, Andre-Marie Ampere, Georg Simon Ohm and Joseph Henry, though there were many others. Probably the most important experimenter of the period, in both electricity and magnetism, was Michael Faraday, though his knowledge of mathematics was very limited. It was James Clerk Maxwell, one of the century’s most gifted mathematicians, who was able to use Faraday’s findings into mathematical equations, and more importantly, to conceive of the relationship between electricity, magnetism and light in a profoundly different way, to some extent anticipating the work of Einstein.

Canto: And we should leave it there, because we really hardly know what we’re talking about.

Jacinta: Too right – my reading up on this stuff brings my own ignorance to mind with the force of a very large electrostatic discharge….

now try these..

Written by stewart henderson

October 22, 2017 at 10:09 am