Thursday, August 17, 2023

Fires and other disasters are increasing in Hawaii, according to this AP data analysis




KIHEI, Hawaii (AP) — Hurricane-fueled flash floods and mudslides. Lava that creeps into neighborhoods. Fierce drought that materializes in a flash and lingers. Earthquakes. And now, deadly fires that burn block after historic block.

Hawaii is increasingly under siege from disasters, and what is escalating most is wildfire, according to an Associated Press analysis of Federal Emergency Management Agency records. That reality can clash with the vision of Hawaii as paradise. It is, in fact, one of the riskiest states in the country.

“Hawaii is at risk of the whole panoply of climate and geological disasters," said Debarati Guha-Sapir, director of the international disasters database kept at the Centre for Research on the Epidemiology of Disasters at the Catholic University of Louvain in Belgium. She listed storms, floods, earthquakes, tsunamis and volcanoes.

Hawaii has been in more danger lately. This month alone, the federal government declared six different fire disasters in Hawaii — the same number recorded in the state from 1953 to 2003.

Across the United States, the number of acres burned by wildfires about tripled from the 1980s to now, with a drier climate from global warming a factor, according to the federal government’s National Climate Assessment and the National Interagency Fire Center. In Hawaii, the burned area increased more than five times from the 1980s to now, according to figures from the University of Hawaii Manoa.

Longtime residents — like Victoria Martocci, who arrived on Maui about 25 years ago — know this all too well.

“Fire happened maybe once a year or once every two years. Over the last 10 years, it has been more frequent,” said Martocci, who lost a boat and her business, Extended Horizons Scuba, to the fire that swept through Lahaina.

From 1953 to 2003, Hawaii averaged one federally declared disaster of any type every two years, according to the analysis of FEMA records. But now it averages more than two a year, about a four-fold increase, the data analysis shows.

It’s even worse for wildfires. Hawaii went from averaging one federally declared fire disaster every nine years or so to one a year on average since 2004.

Watching the fires on Maui, Native Hawaiian Micah Kamohoali’i’s mind drifted to 2021, when the state’s largest ever wildfire burned through his family’s Big Island home and scorched a massive swath of land on the slopes of Mauna Kea.

Linda Hunt, who works at a horse stable in Waikoloa Village on the Big Island, had to evacuate in that fire. Given the abundance of dry grass on the islands from drought and worsening fires, Hunt said fire agencies need to “double or triple” spending on fire gear and personnel.

“They are stretched thin. They ran out of water on Maui and had to leave the truck,” she said. “Money should be spent on prevention and preparedness.”

FEMA assesses an overall risk index for each county in America and the risk index in Maui County is higher than nearly 88% of the counties in the nation. The federal disaster agency considers that a “relatively moderate” risk.

Hawaii’s Big Island has a risk index higher than 98% of U.S. counties.

A 2022 state emergency management report listed tsunamis, hurricanes, earthquakes, floods, health risks and cyber threats as high risk to people, but categorized wildfire as a “low” risk, along with drought, climate change and sea level rise.

Yet fire is the No. 1 cause of Hawaii's federally declared disasters, equaling the next three types of disaster combined: floods, severe storms and hurricanes. Hawaii by far has more federally declared fire disasters per square mile than any other state.

For most of the 20th century, Hawaii averaged about 5000 acres (about 20 square kilometers) burned per year, but that’s now up to 15,000 to 20,000 acres, said University of Hawaii Manoa fire scientist Clay Trauernicht.

“We’ve been getting these large events for the last 20 to 30 years," he said from Oahu.

What's happening is mostly because of changes in land use and the plants that catch fire, said Trauernicht. From the 1990s on, there has been a “big decline in plantation agriculture and a big decline in ranching," he said. Millions of acres of crops have been replaced with grasslands that burn easily and fast.

He called it “explosive fire behavior.”

“This is much more a fuels problem,” Trauernicht said. “Climate change is going to make this stuff harder.”

Stanford University climate scientist Chris Field said “these grasses can just dry out in a few weeks and it doesn't take extreme conditions to make them flammable.”

That's what happened this year. For the first four weeks of May, Maui County had absolutely no drought, according to the U.S. drought monitor. By July 11, 83% of Maui was either abnormally dry or in moderate or severe drought. Scientists call that a flash drought.

Flash droughts are becoming more common because of human-caused climate change, an April study said.

Another factor that made the fires worse was Hurricane Dora, 700 miles (1,100 kilometers) to the south, which helped create storm-like winds that fanned the flames and spread the fires. Experts said it shows that the “synergy” between wildfire and other weather extremes, like storms.

Stanford's Field and others said it's difficult to isolate the effects of climate change from other factors on Hawaii's increasing disasters, but weather catastrophes are increasing worldwide. The nation has experienced a jump in federally declared disasters, and Hawaii has been hit harder.

Because Hawaii is so isolated, the state is often more self-sufficient and resilient after disasters, so when FEMA calculates risks for states and counties, Hawaii does well in recovery, said Susan Cutter, director of the Hazards Vulnerability and Resilience Institute at the University of South Carolina. Still, it shocks people to think of disasters in places they associate with paradise.

“Those are places of fantasy and nothing bad is supposed to happen there. You go there to escape reality, to leave pain behind, not face it head on,” said University of Albany emergency preparedness professor Jeannette Sutton. “Our perceptions of risk are certainly challenged when we have to think about the dangers associated with paradise, not just its exotic beauty.”

Maui resident Martocci said, “it is paradise 99% of the time.”

“We’ve always felt secure about living in paradise, and that everything will be OK,” she said. “But this has been a reality check for West Maui. A significant reality check.”

___

Borenstein reported from Washington and Wildeman reported from Hartford, Connecticut. Associated Press reporter Mike Casey in Boston contributed.

___

Follow AP’s climate and environment coverage at https://apnews.com/hub/climate-and-environment. Follow Seth Borenstein and Bobby Caina Calvan at @borenbears and @BobbyCalvan.

___

Associated Press climate and environmental coverage receives support from several private foundations. See more about AP’s climate initiative here. The AP is solely responsible for all content.

Seth Borenstein, Mary Katherine Wildeman And Bobby Caina Calvan, The Associated Press

Air conditioners 'a necessity' as B.C. heat breaks records set almost a century ago

The Canadian Press
Tue, August 15, 2023 



VANCOUVER — When Nicky Fried and her husband arrived in Vancouver from South Africa more than 30 years ago, they didn't need an air conditioner.

Now they have two, she said on Tuesday as she enjoyed an iced coffee and shade outside a Cambie Street café.

“I don’t think it’s that wildly expensive. They do work and you can sleep in comfort, and you can spend your time indoors in comfort,” said Fried.

Her husband, Hirschel Wasserman, added that air conditioning is "no longer a luxury; it has become a necessity."

Most of southern B.C. is broiling in a heat wave as temperatures knock down records in some areas of the province that were set almost a century ago.

On Vancouver's Downtown Eastside, an outreach team for the Union Gospel Mission has been working to ensure people are aware and are prepared to cope with the heat spike.

Mission spokeswoman Nicole Mucci said those who are experiencing mental illness, homelessness or who have chronic health conditions are most at risk of illness and death during hot weather.

She said staff have been handing out water, hats and sunscreen and are encouraging people living on the Downtown Eastside to seek out cooling stations during the day and stay in shelters at night.

BC Emergency Health Services said paramedics were called out to 28 heat-related events on Sunday and Monday, compared with nine on the same two days the week earlier.

B.C.'s Ministry of Emergency Management has said heat wave won't be a repeat of the 2021 heat dome, which claimed more than 600 lives, but it warns people to take precautions to stay out of the heat, drink water and limit activity.

The coroner's report from the 2021 event said most of the deaths happened indoors and were adults above 60 years old who didn't have air conditioning. It said the number of deaths for those living in poverty was "lower than may have been expected."

"It is important to learn from the people living in those areas, such as those living in the Downtown Eastside of Vancouver," the report said. "Lived experience must inform community strategies for prevention from planning through implementation."

Mucci agreed, noting it is also important to remember that many people in areas such as the Downtown Eastside live in affordable or "precarious" housing, like single rooms, and don't always have access to fans or air conditioning.

She noted the mission's housing team has worked to ensure its shelters are equipped with cooling areas.

Mucci said they've noticed many groups within the community now watch to ensure residents are prepared and protected.

"Whether that's folks who are unhoused, folks who are experiencing addiction, perhaps those with mental illness, or those who are maybe elderly or disabled, and just letting them know that hot weather is coming," she said.

Environment Canada urges people to be aware of heat illnesses and its symptoms, including swelling, rash, cramps, fainting, heat exhaustion, heat stroke and the worsening of some health conditions.

The 10 hottest communities in Canada were all located in British Columbia on Monday and forecasters expected the sizzling temperatures to continue for at least a few more days across the province's Interior.

The Fraser Canyon communities of Lytton and Lillooet both broke the 40 C mark on Monday, with Lytton reaching 41.5 C and Lillooet slightly behind. On Tuesday, the mercury hit 42.1 C in Lytton.

Environment Canada said more than a dozen daily records were set on Tuesday, including 37.5 C in Port Alberni, breaking a benchmark set in 1933, and 30.6 C at Yoho National Park, surpassing a 1930 mark.

The heat is making the situation worse for about 370 wildfires burning in the province. Of those, 145 are considered out of control.

Sarah Budd, an information officer with the BC Wildfire Service, said the greatest risk to the blazes burning in the province will come Thursday when a cold front moves in from the northwest, bringing strong winds, dry lightning and the potential to start more fires, while making the current wildfires worse.

Provincial power utility BC Hydro said Tuesday that it also set a new record for the highest peak hourly demand in August on Monday night.

BC Hydro said in a statement that consumption reached over 8,400 megawatts, with a heat wave usually adding 1,000 megawatts of power use, equal to turning on one million air-conditioning units.

Bulletins from Environment Canada say much of the coastal region will return to seasonal temperatures by Wednesday, but central and southern regions of the province will endure the heat a day or two longer.

— With files from Brieanna Charlebois in Vancouver

This report by The Canadian Press was first published Aug. 15, 2023.

Nono Shen, The Canadian Press


A look at British Columbia's heat wave, by the numbers


The Canadian Press
Wed, August 16, 2023 




VANCOUVER — A protracted heat wave has settled over the southern half of British Columbia, sending temperatures in some places into the 40s this week.

Here's a look at data associated with the hot spell that began Sunday, provided by Environment Canada. Information is correct as of 5 p.m. Wednesday.

Hottest temperature: 42.2 C at the Lytton climate station on Tuesday

Daily heat records set at B.C. weather stations since Sunday: 48

Hottest temperature at Vancouver International Airport: 26 C on Tuesday

Hottest temperature at Victoria International Airport: 30.5 C on Monday

Hottest temperature in Kelowna: 38.6 C on Tuesday

This report by The Canadian Press was first published Aug. 16, 2023.

Two decades later, record wildfires in Kelowna, B.C. are dwarfed by current season




Wed, August 16, 2023 

KELOWNA, B.C. — It's been about five years since Jesse Zeman began a summer ritual of boxing up keepsakes and personal effects to ship to relatives because he worried his home in Kelowna, B.C., would burn down.

Eventually, Zeman said he and his wife moved their treasures permanently after the family had to evacuate twice. Now they have a so-called "go box" prepared and they are ready to leave at a moment's notice every summer.

They've had fires start within a few kilometres of their house many times over the years, but Zeman said he looks back to the devastating season in 2003 when friends' homes burned down in what was then considered a catastrophic event, but now is the new norm.


"You only need to get woken up at 11 at night because there's a fire within two kilometres of your house, you only need to do that once to go 'holy smoke, so this is real,'" he said in an interview. "The risk is very high where we live."

As British Columbia grapples with a record-breaking wildfire season, the 20-year anniversary of Kelowna's firestorm brings mixed emotions for those who lived through it, and offers lessons for the present. At the time, the 2003 season was unprecedented in scale, but it has been dwarfed this year by fires that have burned six times more area so far.

On Aug. 16, 2003, a lightning strike sparked a fire near Okanagan Mountain Provincial Park that eventually grew to 250 square kilometres, spurring evacuations of more than 33,000 residents and damaging or destroying more than 200 homes.

Zeman, executive director of the B.C. Wildlife Federation, published a commentary last month decrying what he calls chronic and prolonged underfunding for renewable resource management in the province.

"In 2003, British Columbia got a taste of catastrophic, uncontrollable wildfires and the pall of choking smoke lasting months," Zeman wrote. "We were rightly frightened at the prospect of this apocalyptic new reality."

Zeman said the provincial government has since failed to heed what should have been a wake-up call two decades ago, leading to "fish and wildlife decline, massive uncontrollable wildfires, and widespread drought as the norm."

Retired firefighter Glen Maddess and his wife live in Kelowna, and he remembers seeing the fire as it smouldered in the park that day in 2003.

He recalls going out for a run, struck by how the fire began gradually growing and moving, then later driving down a main street where residents were being evacuated.

"Just seeing the amount of people having to leave and take their belongings with them, the valuable belongings because they couldn't take everything, and it's sort of 'whoa, this is serious,' and I've been in the business for a long time," he said.

Even after decades in the firefighting business, Maddess said he was in awe of the "magnitude of the seriousness" of the fire.

"It's interesting 20 years later that we're facing basically the same problems as we did before," he said.

Maddess was later tapped to help prepare a report on the 2003 wildfire season for the provincial government entitled "Firestorm," authored by former Manitoba Premier Gary Filmon.

"We have learned some lessons," he said.

There's now a greater pool of firefighting expertise to draw from provincially, nationally, and internationally, he said.

Maddess said there's also a greater depth of knowledge about how to respond to interurban wildland fires, where residential development abuts natural landscapes chock full of fuels that feed the now yearly blazes.

The Filmon report said that the 2003 wildfire season scorched over 2,600 square kilometres across B.C., at the time a record amount. So far this season, more than 16,000 square kilometres have burned.

Former Kelowna fire chief Gerry Zimmermann has had a lot of time to reflect on the 2003 disaster, and he's now just thankful it wasn't worse as wildfire seasons have only grown in intensity since.

"When I look what's happening around the world right now like Hawaii and places like that, it makes ours look kind of small," he said.

Zimmermann, who's now retired from firefighting, said it's hard to assess whether the 2003 wildfires were a glimpse into a future with unheeded lessons dooming the province to repeat history.

But he said a few things have improved, especially communications with the public through the media, which at the time was "terrible" before they decided to change course.

"We were giving information out as soon as we had it," he said. "That was very, very successful. That's what got us through."

Zimmermann said "jurisdictional boundaries" were a hurdle back then, too. The fire in Okanagan Mountain Provincial Park was out of the Kelowna Fire Department's purview.

"What we had decided shortly after this fire, one of the main things was that if something came in, it didn't matter where it was, we were gonna go deal with it," he said. "I don't know whether they're still doing that or not, but the secret to these things is hitting it as hard and as fast with everything you can right off the bat and keep it small."

Zimmermann said firefighters were dealing with flames hundreds of feet high at some points, but a miraculous moment from one scary night sticks in his mind.

"We had guys trapped and we were having a heck of a time," he said. "When it was at its worst, the skies opened up and it started raining."

The rain that night, he said, gave firefighters a leg up "and after that, things got progressively better."

"We could have lost a good part of the city and a lot of good people and a little bit of help from upstairs," he said, "got us through this thing."

This report by The Canadian Press was first published Aug. 16, 2023.

Darryl Greer, 
The Canadian Press


Feds blamed AFN for delays, slow progress on First Nations policing bill: documents

The Canadian Press
Wed, August 16, 2023 



OTTAWA — Federal officials worried long-promised legislation declaring First Nations policing an essential service was being delayed by Assembly of First Nations hesitations about the bill, newly released internal documents show.

Records obtained by The Canadian Press under the Access to Information Act also appear to show that one of the sticking points for both the advocacy organization and Ottawa is whether to recognize policing as an area of First Nations jurisdiction — something the government has done when it comes to child-welfare services.

Prime Minister Justin Trudeau promised his government would bring forward a new First Nations policing law in 2020 after years of calls from Indigenous leaders.

The federal government committed to co-develop the law with the Assembly of First Nations, which represents more than 600 communities across Canada.

Last year, calls for legislative change were once again amplified after 11 people were killed and 17 injured in James Smith Cree Nation and the nearby community of Weldon, Sask.

The RCMP was the police service of jurisdiction, with the closest detachment located nearly 50 kilometres away. That prompted the community to call for immediate changes to emergency services in the area, including faster response times.

The anniversary of the tragedy is coming up at the beginning of September, yet the advocacy organization and Ottawa appear to be stalled on what a law around First Nations policing should even look like.

And leaders of existing First Nations police services say their offices are cash-strapped under an inequitable and overly rigid funding program from the 1990s that is cost-shared with provinces.

Some of the trouble between both sides is outlined in briefing notes prepared for the Public Safety Department's top bureaucrat ahead of a pre-budget meeting earlier this year with the then-CEO of the Assembly of First Nations.

The documents show officials were concerned things were not moving fast enough for the government to meet its promise to table a bill before Parliament's summer recess.

"There is a significant risk that (the public safety minister) will not be able to table a First Nations police services bill by June 2023 due to ongoing challenges with the AFN, which limits timely progress," one briefing note said.

It also said the department has "drafted and shared with the organization several products since June 2022," but that the AFN had yet to provide comments or share reports on their "regional engagement activities," leading to "continued delays."

As of January 2023, the organization had not provided comments on draft principles for the bill.

Regional Chief Ghislain Picard, a member of the AFN's executive who handles justice matters, said communication with the federal government is difficult because they are not aligned on what the bill should look like.

"We're very much interested in seeing a bill that acknowledges or recognizes First Nations policing as an essential service," Picard said in an interview.

But where the First Nations organization and Ottawa go separate ways is in terms of who would have jurisdiction: the provinces or the First Nations.

The federal government enshrined rights recognized by Section 35 of the Constitution — which reaffirm inherent and treaty rights — when it passed Indigenous child-welfare legislation, giving First Nations jurisdiction over those services.

Picard suggested they should do the same for a policing bill.

"The UN Declaration (on the Rights of Indigenous Peoples) has the right to self-determination right in it," he said.

"That's certainly, in our view, the right to be establishing our own institutions."

Trudeau has repeatedly said that the federal government's relationship with Indigenous Peoples is charting a new course — one that respects rights in the spirit of reconciliation.

But the newly released documents show Ottawa is reluctant to go all the way when it comes to jurisdiction.

Speaking points for the deputy minister of public safety in one briefing note say Ottawa believes existing provincial policing laws allow for "effective" services, as they already include standards and processes for public complaints.

"We expect that First Nations police services continue to be regulated by provincial policing legislation following the passing of the federal legislation."

Public Safety Canada has not responded to a request for comment.

The assembly's lawyer, Julie McGregor, spoke about the recognition of rights in the bill being a "sticking" point in negotiations at a gathering last month in Halifax.

She told the organization's general assembly that the Department of Public Safety had provided a written explanation of its plans for the legislation — and "it advised it does not have the mandate for inclusion of First Nations jurisdiction or rights recognition."

Picard said it has proven difficult to organize a meeting with the federal government, especially given last month's cabinet shuffle.

Dominic LeBlanc took on the public safety portfolio from Marco Mendicino, who has been dropped from cabinet altogether.

Before the shuffle, the AFN had scheduled a meeting with Mendicino, Picard said. Now, it is waiting for LeBlanc to get fully briefed on the issue.

The organization has called on LeBlanc to prioritize First Nations policing and promised it will "continue to pursue a true co-development process."

But Picard said that with a "less that certain" future ahead for the Liberal government and the potential for an election anytime under a minority Parliament, there's "a lot of considerations to be had" about the future of the bill.

And the discussions must recognize that the federal government has a role to play on the money side, he said — not just provinces and First Nations themselves.

"First Nations policing has to not only be recognized as an essential service," said Picard.

"It should be funded as such."

This report by The Canadian Press was first published August 16, 2023.

Alessia Passafiume and Stephanie Taylor, The Canadian Press

Analysis-Russian raid off Turkey's coast tests Erdogan's resolve

Jonathan Spicer and Ece Toksabay
Wed, 16 August 2023


Cargo ship Super Bayern, carrying Ukrainian grain, is seen behind cargo ship Rider in the Black Sea off Kilyos near Istanbul

By Jonathan Spicer and Ece Toksabay

ISTANBUL (Reuters) - Russia's raid on a ship just off Turkey's coast brings the fallout from the Ukraine war to another NATO frontier and raises the stakes as Ankara seeks to coax Moscow back to a grain-export deal that would restore some calm to the Black Sea.

Armed marines raided the Turkish-based vessel via helicopter on Sunday some 60 km (37 miles) off Turkey's northwest coast, in international waters but near Istanbul, in what Moscow called an inspection before it sailed on to Ukraine.


Turkey, NATO's second-largest military, has made no public comment on the incident that occurred far south of the war that has raged for a year-and-a-half in the north Black Sea.

Analysts said it tests President Tayyip Erdogan's resolve to maintain good relations with Russian President Vladimir Putin, whom he has invited to Turkey this month to discuss resuming the UN-brokered deal that had protected grain exports from Ukraine.

"This type of aggression being exercised so close to Istanbul went unchecked and doesn't respect Turkey's overall rights," said Yoruk Isik, an Istanbul-based geopolitical analyst at the Bosphorus Observer consultancy.

"Ankara's silence is strange but shows it is still counting on Putin to visit and return to the grain deal."

Since Russia exited the agreement last month, both it and Ukraine have issued warnings and carried out attacks on vessels off their coasts, stirring worries that commercial-shipping could grow riskier across the entire sea.

While Ukraine and some other Western states have promoted alternative routes for Ukrainian exports, Ankara, which also has good relations with Kyiv, quietly opposes them on safety grounds. It wants the West to accept some Russian demands, and for Russia to drop others, to restart Ukraine grain exports under UN and Turkish oversight.

On Wednesday, Russia struck more Ukrainian port facilities even as Kyiv announced that a container ship departed Odesa under its own "humanitarian corridor", one of the alternative options.

Rebeca Grynspan, Secretary-General of the United Nations Conference on Trade and Development, said on Wednesday it is in contact with all sides to return to the table though it was "difficult" partly given the recent bombardment of grain infrastructure.

FINE BALANCE

The Black Sea and Turkish straits are the main route Ukraine and Russia - two of the world's top agriculture producers - use to reach world markets.

Since the year-long grain deal collapsed, boosting global commodity prices and raising UN concerns over world hunger, Russia and Ukraine have said they will treat ships approaching the other's ports as potential military vessels.

Aydin Sezer, a former Turkish diplomat and Ankara-based foreign policy analyst, said Russia's inspection of the Palau-flagged Sukru Okan vessel technically took place in a war zone, given Moscow and Kyiv's warnings over ships.

Given Turkey has sent armed drones and other weapons to Ukraine while also claiming to be neutral in the war, "it is very challenging for Turkey to find its voice on this matter," he said.

Turkey has positioned itself to facilitate any peace talks between Ukraine and Russia. It has opposed the Russian invasion but also the Western sanctions on Moscow, and ramped up economic cooperation with Russia through the war.

A Turkish defence ministry official, requesting anonymity, said Ankara was looking into the Black Sea raid but gave no more details. The vessel has since sailed on to Romanian waters, according to Refinitiv Eikon data.

Russia has not commented on a potential visit by Putin, though Turkey has promoted it repeatedly including in a leaders call on Aug. 2.

Russia has said it would return to the grain deal once the West fulfils obligations meant to ensure the smooth export of its own grain and fertilisers, including payments and logistics.

Sezer said its two key demands are including a Russian bank in the global SWIFT payments system and allowing it to import agriculture-related goods.

"Therefore Erdogan should negotiate and try to convince Western countries, not Putin, for the reinstatement of the grain deal," he said.

(Additional reporting by Huseyin Hayatsever and Gabrielle TĂ©trault-Farber; Editing by Kirsten Donovan)
UK
INJUSTICE
Police and CPS had key DNA evidence 16 years before Andrew Malkinson cleared of rape


Emily Dugan Senior reporter
Tue, 15 August 2023 

Photograph: Jordan Pettitt/PA

Police and prosecutors in the Andrew Malkinson case knew there was another man’s DNA on the victim’s clothes in 2007 – three years after he was wrongly convicted of rape – but he remained in prison for another 13 years.

Malkinson was cleared by the appeal court last month after spending 17 years in prison for a 2003 rape he did not commit. His exoneration came after fresh DNA testing linked another man to the crime.

Case files released to Malkinson as he fought his conviction, and now seen by the Guardian, reveal that police and prosecutors knew forensic testing in 2007 had found a searchable male DNA profile on the female victim’s vest top that did not match Malkinson’s.


They decided not to take further action, and there is no record they told the body responsible for investigating miscarriages of justice, though Malkinson’s lawyers were notified.

The Criminal Cases Review Commission declined to order further forensic testing, or refer the case for appeal in 2012, with the files showing the CCRC raising concerns about costs.

The DNA discovery was made in 2007 as part of a nationwide review of the forensics used in historic rape and murder cases called Operation Cube.

Malkinson, 57, was convicted of a stranger rape in Manchester in 2004 on the basis of witness evidence, with the prosecution arguing he left no DNA because he was “forensically aware”. He always maintained he was innocent.

Yet the discovery of another man’s DNA – which was not that of the victim’s then boyfriend – in a “crime specific” area of the victim’s clothes did not result in the CCRC referring his case for appeal. During the attack, the victim suffered a bite that partially severed her left nipple, meaning saliva staining on the vest above the left breast was considered “crime specific” by the Crown Prosecution Service (CPS).

A log of a meeting between the Forensic Science Service, the CPS and Greater Manchester police in December 2009 reveals that the CPS was aware of the potential enormity of the discovery.

Its then head of complex casework in Manchester said: “If it is assumed that the saliva came from the offender, then it does not derive from Malkinson. This is surprising because the area of the clothing that the saliva was recovered from was crime specific.”

However, he said “he did not see that there was a need to do any further work on the file” unless the case was brought to appeal, and then his focus would be on “bolstering” the case against Malkinson.

The CPS is supposed to write to the CCRC at the earliest opportunity about any case in which there is doubt about the safety of the conviction.

An internal log of Malkinson’s first application to the CCRC in 2009, in an attempt to appeal against his conviction, shows the body raised the cost of further testing and argued it would be unlikely to overturn the conviction.

It took three years to reject his application, and did not request the full police file or conduct new forensic tests.

Emily Bolton, Malkinson’s lawyer at the charity Appeal, said: “The documents are a shocking chronicle of how Andy was utterly failed by the body, which should have put an end to his wrongful conviction nightmare, but instead acted as a barrier to justice. An overhaul of the CCRC is needed to prevent it failing other innocent prisoners.”

By relying only on the CPS file, the CCRC missed the chance to identify disclosure failures so grave that senior judges have since ruled they would have rendered his conviction unsafe.

It was left to Appeal to uncover disclosure failures and commission more forensic tests. Without the CCRC’s automatic access to police files, they had to take extensive legal action against Greater Manchester police to access them.

Refusing to refer his case for appeal in 2012 and explaining why it would not conduct further DNA testing, the CCRC told Malkinson the cost of forensic investigation was not its “overriding consideration”. Yet the internal case log reveals the CCRC made comments including “the cost cannot be ignored” and “further work would be extremely costly”.

Malkinson has called for the head of the CCRC, Helen Pitcher, to resign and a petition urging her to apologise has more than 100,000 signatures.

Malkinson said: “If the CCRC had investigated properly, it would have spared me years in prison for a crime I did not commit.

“I feel an apology is the least I am owed, but it seems like the very body set up to address the system’s fallibility is labouring under the delusion that it is itself infallible. How many more people has it failed?”

The CCRC has previously argued that the science to exonerate Malkinson was not there when it considered his two earlier applications to appeal. While science has advanced, basic testing that isolates the male chromosome, similar to that commissioned by Appeal in 2019, existed when the CCRC was first considering Malkinson’s case and was widely used from 2003.

This testing could have been used on fingernail scrapings taken from the victim. Internal records show this was suggested as an option by a forensic scientist to the CPS in a 2009 meeting after the vest-top DNA discovery.

Internal logs from 2009 show a CCRC worker being “bemused” at the fresh application, writing: “Just because it appears there is someone else’s DNA on the complainant’s vest … cannot surely produce a hope of a successful referral in view of all the other strong ID evidence.” The comment appears to ignore the location of the DNA.

Malkinson’s lawyers say the characterisation of witness evidence as “strong” was questionable, given it was already known that Malkinson did not match the victim’s description of her attacker in key ways, including having no scratch on his face when she recalled causing “a deep scratch” and the fact that one witness picked out a different person in the identification procedure.

Refusing to refer the case for appeal in 2012, the CCRC said there was “no realistic prospect” that further testing would yield a searchable profile “capable of being compared with the national DNA database”.

Yet the CPS had already been told by scientists that the database was searchable. Part of it had been searched in 2007, without any matches identified.

A man named only as Mr B has been arrested in connection with the rape and released under investigation.

When the CCRC considered Malkinson’s case again in 2018, presented with new information about witness evidence flaws, it did not undertake a new search on the database with the DNA from the vest. Nor did it carry out its own testing or refer the case for appeal.

James Burley, Malkinson’s investigator at Appeal, said: “The CCRC’s internal comments show that in deciding not to commission any DNA testing, cost was at the forefront of their considerations. That decision may have saved the CCRC some money, but it came at a brutal cost for both Andy and the victim.

“The CCRC has been giving the false impression that a DNA breakthrough could not have been achieved by them sooner. These records show that is nonsense.”

A CPS spokesperson said: “It is clear Mr Malkinson was wrongly convicted of this crime and we share the deep regret that this happened.

“Evidence of a new DNA profile found on the victim’s clothing in 2007 was not ignored. It was disclosed to the defence team representing Mr Malkinson for their consideration.

“In addition, searches of the DNA databases were conducted to identify any other possible suspects. At that time there were no matches and therefore no further investigation could be carried out.”

Sarah Jackson, assistant chief constable of Greater Manchester police (GMP), said: “This was an appalling miscarriage of justice and I am sorry to Mr Malkinson for all that he has suffered, and for any part GMP has had in the difficult journey of proving his innocence.”

The CCRC said: “We note the observations that have been made in relation to Mr Malkinson’s case and are considering the court of appeal judgment. As we have said before, it is plainly wrong that a man spent 17 years in prison for a crime he did not commit.”

 

Inside the mind of King Henry VIII: Ottawa professor makes doodle discovery



1930's ANTISEMITIC RIOT
'Stand up to hate': 90 years since the riot at Toronto's Christie Pits


The Canadian Press
Wed, August 16, 2023 


TORONTO — Today marks the 90th anniversary of the Christie Pits riot, an outbreak of violence following a softball game at a Toronto park that historians have described as one of the worst incidents of ethnically or religiously motivated unrest in the city's history.

The riot on Aug. 16, 1933, began after a group of young men unfurled a banner with a black swastika following the game, which featured a team of mostly Jewish teenagers.

Historians say that during the estimated six-hour brawl triggered by the banner, young people from Italian and Ukrainian backgrounds supported the Jewish side against the apparent Nazi sympathizers.


Cyril Levitt, co-author of the 1987 book “The Riot at Christie Pits,” which helped inform Canadians about the scale of the violence, says it is crucial for the public to remain informed about the incident.

Sam Rosenthal, whose grandfather owned a drugstore near Christie Pits in 1933, has created a theatrical production to educate school groups about the riots and the antisemitism of the era, which he says was a "crazy" time in Toronto.

He says that if a group of young people "didn't stand up to hate on that day," the level of racism and bigotry directed at Jews and other immigrant groups across the city may have been substantially worse.

This report by The Canadian Press was first published Aug. 16, 2023.

The Canadian Press
Newfoundland hospitals grapple with patients admitted because they have nowhere to go

The Canadian Press
Wed, August 16, 2023 



ST. JOHN'S, N.L. — The woman in the corner of the emergency room still haunts Dr. Gerard Farrell, president of the Newfoundland and Labrador Medical Association. Obviously suffering from dementia, she was impossible to miss as he passed back and forth, always sitting in the same chair in an environment not built to care for her.

"She wasn't there because she needed emergency care. She was there because she needed more care than she could get in the home," Farrell said in an interview. "But there was no place else for her to go."

The woman is the example he provides when asked about his recent experiences with patients that the provincial health authority calls "community emergencies" — patients brought to an emergency department and admitted, despite not meeting the criteria for admission.

"The issue is serious and significant," Farrell said, adding that community emergencies are an example of how emergency rooms are bearing the brunt of health-care staffing shortages.

Documents show Newfoundland and Labrador health officials began tracking these patients in April 2022 after their numbers increased significantly during the COVID-19 pandemic, particularly as the Omicron variant began spreading through the population in late 2021.

"Families and personal care home facilities are often unable to cope with care demands," reads a briefing note from January 2022, obtained by The Canadian Press through access to information legislation. "Patients are frequently sent from personal care home facilities who identify the patient as an increased level of care, deemed unmanageable at that facility."

These admissions reduced emergency room capacities by up to 30 per cent on any given day, as the patients waited for "emergency community supports" or other services, the note said. Some waited for weeks.

"The (emergency department) environment is poorly adapted to meet the needs of older, vulnerable adults," the note continued, adding that these patients are more likely to decline or lose their independence. For patients with dementia, the frantic ER atmosphere raises the risk of falls and delirium, which then increases their chances of dying, the document said.

"The phrase 'moral injury' is one that really resonates with me," Farrell said about the emotional impact of trying to care for people in a place not built for their needs amid faltering support systems. The term refers to the particular trauma felt when someone is confronted with a situation that violates their core values.

Officials logged 151 "community emergency" admissions across Newfoundland and Labrador's Eastern Heath authority from April 1, 2022, to March 7, 2023. Numbers before last April were not available. Before the province's four health authorities were amalgamated this spring, Eastern Health was the largest, serving roughly 300,000 people, or about three-fifths of the provincial population, including the capital of St. John's.

Nobody at the provincial health authority was available for an interview on the issue of community emergency admissions.

A crushing sense of moral injury was a common refrain among the doctors and health-care workers Dr. Jasmine Mah spoke to for her research on community emergencies — or "orphan patients" — in Halifax.

"They're trying their best to care for someone in a system that's not designed for that care," said Mah, who is a medical resident at Dalhousie University. Like the woman in Farrell's example, most community emergency patients would be best helped by community supports — a spot in a well-staffed care facility, more access to home care, or help for the family members taking care of them, she said.

Halifax's QEII Health Sciences Centre emergency department recorded 109 community emergencies in 2021 and roughly 120 cases in 2022, according to Mah's research. That was up from 33 reported in 2019. The hospital is the largest in the city, which is home to about 440,000 people.

Provinces track "alternative level of care" patients, who may have needed emergency care when they arrived at the hospital but have nowhere to go once they've been treated. However, community emergencies, also called social admissions, haven't yet been widely researched or documented, Mah said in an interview.

She applauded Newfoundland and Labrador's efforts to monitor community emergencies, since they point out key areas where support systems outside the hospital are crumbling. She also wasn't surprised to hear that numbers surged during a COVID-19 wave.

The pandemic overwhelmed the heath-care system and left behind a critical shortage of family doctors and primary care providers, she said. It also helped precipitate a housing and affordability crisis. Some social admissions are people who've lost their house or can no longer afford their meal or care program, she said.

In Newfoundland and Labrador, Farrell is also pleased that health authorities are now tracking the issue. "The people in the system are doing the best they can to try and fill the gaps, there's no question," he said. "But it is a big problem."

This report by The Canadian Press was first published Aug. 16, 2023.

Sarah Smellie, The Canadian Press

Husband of Crooked House pub owner suffered major fire on firm’s landfill site

Jamie Bullen
Wed, 16 August 2023 

The Crooked House, known as the country’s wonkiest pub, was destroyed by fire on Aug 5 - Jacob King/PA

The husband of the owner of the burnt down Crooked House pub previously experienced a major fire on land belonging to a company of which he is a director, it has emerged.

Land Registry documents show that Adam Taylor – whose wife Carly bought the 18th century pub in Himley, near Dudley in the West Midlands, in July – is a director of AT Contracting and Plant Hire, which owns a Buckinghamshire landfill site where a huge blaze broke out five years ago.

In August 2018, eight fire crews from across Buckinghamshire, Oxfordshire and Northamptonshire tackled a fire at Finmere, where hundreds of tons of waste were engulfed by flames.


Firefighters pumped water from a nearby lake, with the incident happening during a spate of field fires across Oxfordshire in what was a hot and dry summer.

The cause of the Finmere fire was never established, a spokesman for Oxfordshire Fire and Rescue said.


A huge blaze broke out at the Finmere landfill site, in Buckinghamshire, in 2018

The Crooked House, known as the country’s wonkiest pub after it was affected by mining subsidence in the 19th century, was destroyed by fire on Aug 5 and demolished two days later without permission.

Staffordshire Police said it was treating the fire as arson, with calls growing for the pub to be rebuilt brick by brick. On Monday, hopes for a reconstruction were boosted when Historic England said it was considering “all possible avenues”.

“We offered our support to South Staffordshire Council last week and have been in regular contact with the council since to provide specialist advice as needed,” said a spokesman. “We are also happy to engage with the local community.”

The body said it had already received 36 applications for listed status for the pub site since the fire, but emphasised that no decision had yet been made. It had received two applications before the pub’s destruction.

Campaigners are calling for the Crooked House to be rebuilt brick by brick - Matthew Cooper/PA

Mrs Taylor, a 34-year-old former hair stylist, bought the 250-year-old building from Marston’s brewery in July. It had been listed for sale for £675,000.

The pub is accessed via a road owned by Himley Environmental, of which Mrs Taylor’s husband was a director until November 2021, and which operates as a landfill site a short distance from the Crooked House.

The couple are current or former directors of 18 companies, which include property development and waste management firms. They had previously bought another pub in the area with the aim of turning it into flats.

Locals have said they heard a “party with loud music” at the Crooked House hours before the fire was reported.



Tipton pub is now ‘Britain’s wonkiest’ boozer following loss of the Crooked House

Ed Chatterton
Wed, 16 August 2023

Carl Falconer who has been going to The Tilted Barrel pub for about 40 years.
 (Photo - Anita Maric / SWNS)

A Victorian Black Country boozer called The Tilted Barrel where pool balls ‘roll uphill’ is now Britain’s wonkiest pub following the loss of the Crooked House.

The 200-year-old pub in Tipton is just five miles away from its demolished counterpart which was burnt down in a suspected arson attack. The slanted premises is also wonky due to mining subsidence but unlike the Crooked House, the site is Grade II-listed, which will help protect its future.

Landlady Haych Mann, 38, who took over The Tilted Barrel in February, said it was ‘bitter sweet’ to possibly be the new ‘Britain’s wonkiest pub’. Haych has spent several months refurbishing the run-down premises - which has wonky door frames and tilted floors - to give it a new lease of life.


A Black Country boozer called The Tilted Barrel where pool balls ‘roll uphill’ is now Britain’s wonkiest pub (Photo - Anita Maric / SWNS)

She says she had to move the pool table to the other bar as it proved difficult to play in the lopsided room where balls seemingly roll uphill - just like the Crooked House.

But she’s vowed to keep the dartboard put as its slanted oche gives the pub’s darts team an advantage over visiting players.

Haych, from Smethwick, said: “It’s a bitter sweet moment to know we might be Britain’s wonkiest pub now.

“Most of our regulars drank in the Crooked House too. I’m a local girl so I knew the pub well and we have lost an iconic pub in the Crooked House. So I’m both sad and proud at the same time to learn we might now have that title.

Carl Falconer who has been going to The Tilted Barrel pub for about 40 years. He is standing next to the shelf where pool balls roll up instead of down. 


“It’s certainly not something I’m celebrating as the Crooked House was a landmark and a piece of Black Country history. Our pub is Grade II listed which should offer it more protection if, god forbid, the same thing would ever happen here.”

Haych took over her first ever pub on a 15 year lease after ‘falling in love’ with the quirky features of The Tilted Barrel, which was built in 1820.

It boasts a door more crooked than the building itself, an uneven bar and a shelf which features the illusion of items being able to roll up instead of down.

She added: “I just fell in love with the place. It was just really unique and quirky.

“It was a bit run down when I took it over, I couldn’t believe people were drinking in here in the state it was in but at the same time I thought it was brilliant. We’ve had a refurb and business is picking up as people have read about us online.

“I looked at a few pubs, which were probably nicer, but this one was different and it really appealed to me. I wouldn’t usually take over a pub which was doing badly but this one just seemed special and I thought ‘why not?’.

“The pool table was hard to play on, they built a stage to keep the balls running straight but because of the slanted walls it was a bit disorientating. So we have moved it into the back room but I’m keeping the darts board where it is.

“That’s because our darts team hardly lose. They know how to play on the slant but when other teams play it can really throw players off. We have two staff working here and I help out on weekends when it’s busier too. This is my first pub and I really enjoy it.

“Its just the floors in the back room that need doing now. But that’s proving a challenge because of the slanted floor. However we’re getting there and I’m looking forward to what the future holds for this other historic crooked pub.”

Pub regular Carl Falconer, 46, a plasterer from Tipton, has been going to the pub for 40 years since he was a young boy.

The dad-of-one said: “It’s a great pub. It’s very family orientated and everybody knows everybody. I’m used to it wonkiness now.

“But I imagine anyone who walks in there for the first time will think ‘wow this is crazy’. I’ve been going since I was a young boy with my dad as it’s on my doorstep. Way back when it used to have massive steel girders propping it up.

“The building itself goes back to the 19th century I believe but it started to drop in the 1930s. It now sits naturally as this strange angle. The funniest part is the darts teams who come here. The floor used to be much more slanted but it’s still on a slope now.

“When you threw a dart - you’d have to walk downhill to fetch it from the board. Away teams hated it so they tried levelling the floor off a bit but we still have the advantage. It’s got all these quirky features. I’ve also got to take my hat off to the tiler who did the tiles in the wonky gents toilet as those cuts could not have been easy.”


HINDU NATIONALISM IS FASCISM
Indian movies vilifying Muslims spark fear ahead of polls



Aishwarya KUMAR
Tue, 15 August 2023 


A fictitious tale of a Hindu woman who converts to Islam and then is radicalised, 'The Kerala Story' is the second-highest-grossing Hindi film of 2023 so far 
(INDRANIL MUKHERJEE)

With free tickets and false claims, "The Kerala Story" is one of a slew of polarising films sparking concern Bollywood is churning out cultural propaganda to bolster support for India's ruling party ahead of elections.

The trailer for the anti-Muslim box office hit claims to depict "innocent girls trapped, transformed and trafficked for terror", while declaring it was "inspired by many true stories".

A fictitious tale of a Hindu woman who converts to Islam and then is radicalised, the movie is the second-highest-grossing Hindi film of 2023 so far.


Critics have accused it and other recent releases of peddling lies and stoking divisions, including by vilifying the Muslim minority, ahead of next year's national elections.

"I would suggest all political parties to take advantage of my film... Use it for your political gain," director Sudipto Sen said, in response to an AFP question about its political leanings.

The world's largest democracy has a long history of film censorship, but detractors say the industry is increasingly pushing out films that share the ideology of Prime Minister Narendra Modi's Hindu-nationalist government.

The mass appeal of cinema in India makes the medium an unrivalled means of reaching the public, said journalist and author Nilanjan Mukhopadhyay.

During Modi's tenure, movies have increasingly been used to spread divisive messages reinforcing prejudices shared by political leaders, he told AFP.

"The same thing is being done by these films, to take hatred to the people... to create prejudice against the religious minorities," he added.

-'Medium of communication'-


The release of "The Kerala Story" in May coincided with elections in the southern state of Karnataka.

The polls, hotly contested by Modi's Bharatiya Janata Party (BJP), triggered stone-throwing clashes in neighbouring Maharashtra state in which one person died.

Modi endorsed the film during an election rally, while accusing the opposition Congress party of "supporting terrorism tendencies".

Critics said the low-budget movie taps into so-called "love-jihad" conspiracies, where predatory Muslim men seduce Hindu women.

The filmmakers have since retracted the false claim that 32,000 Hindu and Christian women from mixed-faith Kerala had been recruited by the Islamic State jihadist group.

BJP members organised free screenings of the movie, which party spokesperson Gopal Krishna Agarwal said were part of "a medium of communication" but not official policy.

"How do you communicate your ideology? How do you communicate the life and story of your leader and their work? This is the way we do it... People from the party do it on an individual basis," Agarwal told AFP.

In a bid to encourage viewers, two BJP-led state governments slashed the tax on tickets.

The director said his film had "touched a chord" in India, which has one of the biggest Muslim populations worldwide -- about 14 percent of its 1.4 billion people.

"I believe in the power of truth, the truth which we said in the film, and this is what people want to see," he told AFP.

Sen's film is one of many shifting from Bollywood's usual song-and-dance routines.

A string of recent military-themed movies have been nationalistic, all-guns-blazing stories of heroics by soldiers and police -- usually Hindus -- against enemies outside and within India.

"Cinema has always been used as propaganda -- doesn't Hollywood?" said veteran director Sudhir Mishra, citing Sylvester Stallone's Rambo series.

"I definitely think that Bollywood is being attacked and singled out."

-'Strongly ideological'-

Ahead of the last national election in 2019, Modi glad-handed Bollywood stars, who posted selfies on social media generating thousands of views. Media reports said they discussed "nation-building".

"The Accidental Prime Minister", a biopic critical of Modi's predecessor and rival Manmohan Singh, was also released just a few months before the vote, although the hagiographic "PM Narendra Modi" had its release delayed by the Election Commission until after polls.

Those movies "seem relatively tame now", documentary filmmaker Sanjay Kak said.

"The new crop of films is strongly ideological and shares the worldview of the ruling dispensation –- which is right-wing, Hindu-nationalist and Islamophobic."

More recent hits include the 2022 blockbuster "The Kashmir Files", depicting in harrowing detail how several hundred thousand Hindus fled Muslim militants in Indian-administered Kashmir in 1989-90.

Meanwhile, the upcoming film "Godhra" examines the 2002 train fire that killed 59 Hindu pilgrims and triggered deadly sectarian riots in Gujarat, with its trailer darkly suggesting the violence was a premeditated "conspiracy".

At the same time, the government has clamped down on critics, including banning a BBC documentary about Modi's role in the Gujarat violence.

It called the BBC reporting "hostile propaganda and anti-India garbage".

ash/pjm/gle/lb/cwl/aha