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Recap: Top Chef DC, Episode 5
Last week on Top Chef DC, Arnold and Lynne were eliminated after a grueling team challenge. This week the 12 finalists got intimate with blue crabs—and each other—and cooked a family-style meal on a farm in Virginia. Who cooked well? Who crumbled? And who admitted to having a bad case of crabs? It's all ahead in this week's recap!
[WARNING: Spoilers abound after the jump!]
Getting Personal
The show opened with Angelo and Tamesha having a conversation on the porch outside. Actually, it was more like Angelo acting really creepy and completely invading Tamesha's personal space as she nervously shifted around on the bench next to him. His intense eyes were boring a hole through her skull, and poor Tamesha looked like she couldn't get away fast enough.
"I'm attracted to Tamesha," he later admitted to the cameras. "She has this inner passion, and that's really something I'd love to... [awkward pause]... extract from her." Yeah, right after he extracts some of her skin for his special new lampshade. Lock your doors, Tamesha! Lock your doors!
The Quickfire
For this week's quickfire, the chefs had to create a dish using blue crabs. Everyone was generally happy with the challenge, except for Angelo. He said, in all seriousness, "I had crabs, so it just brought back bad memories." Wow. Thanks for sharing that completely revolting piece of information about yourself, Angelo. How ever are you going to win us all over next? Perhaps with a heartwarming tale about your last battle with severe diarrhea?
Oh, wait, this is a show about cooking and not venereal diseases? Sorry! Back to the action! Ed's Thai-inspired jumbo lump crab won the judges over because it best showcased the natural flavors of the meat. Ed was excited he finally won a challenge, and said he was "finally coming out of his shell." Hmm, is that a bad pun I smell? Or is it just the cheap velour fabric on Kenny's bathrobe?
Elimination Challenge
Padma told the chefs they'd be traveling to an organic/humane farm in Virginia and creating a meal for 40 local chefs and farmers. She also dropped the bomb that they'd be competing as one single team, and each person was going to be responsible for something on the table.
Since it was another stupid team challenge, we had to endure 10 minutes of Kenny and Angelo competing for the alpha male position in the house. Much like a battle between two wild animals in the jungle, it was painful and tedious to watch. Kenny won in the end, and ordered everyone to work together in the same teams they were in during last week's challenge.
It was a total free-for-all when the chefs finally arrived at Ayrshire Farm in Virginia. Everyone was running around and grabbing hunks of raw meat like crazed contestants on Supermarket Sweep. It was a mess. Ingredients were just thrown on folding tables, as well as in the back of the "Toyota Mobile Pantry"—which was basically just the trunk of a minivan crammed with fruits and spices. Tim was impressed by it, and said it was "off the hook." Clearly he doesn't get out much.
Their cooking situation was not ideal, either. They only had a few propane grills, some hot plates, and a few pots and pans to work their magic. They had very little space to work, and at one point, Kevin's entire bowl of mashed cauliflower fell on the ground. Angelo wanted to scoop it up and re-use it, but Kevin refused to do so. "We're out in the cow pasture. There's all sorts of creatures crawling around and there's no way I'm using cauliflower from the ground," he said. At least someone there has a brain. And for the love of God, will somebody please tell Angelo the "5 second rule" doesn't apply when DUNG is involved.
While working on his duck dish, Angelo told the cameras: "I butchered it perfectly, I marinated it, I rendered out the fat... I basically made love to that duck to be honest with you." Yikes! Duck, if you're reading this, you may want to go get yourself checked out "down there." I'm just saying.
Judges' Table
Kevin, Kenny, Andrea, and Kelly had this week's top dishes, but in the end, alpha male Kenny was named the winner of the challenge. The judges loved his hot and sour curried eggplant and felt it stood ahead of the pack.
The worst performers were Tim, Amanda, and Stephen. Tim's vegetables were bland and cut too small. Stephen served a salad in a (gasp!) bowl, and poured way too much heavy dressing on it. Amanda, on the other hand, almost gave Eric Ripert a stroke by calling her pasta-less soup a minestrone. Padma called her soup "amateurish" because she didn't cut her ingredients uniformly, and as a result, they cooked unevenly.
Ultimately, and much to my surprise, Tim was eliminated for his poorly executed turnips and potatoes. Perhaps it was just the editing, but his dish seemed far less flawed than the trainwrecks prepared by Stephen and Amanda. Sorry, Tim. The man in the ugly plaid jacket has spoken!
And that brought this week's episode to an end. What did you think of the show, Serious Eaters? Was the right person sent home? And were you as horrified by Angelo's behavior this week as I was?
All products linked here have been independently selected by our editors. We may earn a commission on purchases, as described in our affiliate policy.


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National Louis University seeks to provide for its students, faculty, administration, and staff an environment that is free from sexual harassment. The following policy statement and procedural guidelines address sexual harassment, which is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
It is the policy of National Louis University to prohibit the sexual harassment of any member of its community by any other person or persons who are affiliated with the University in any way. No employee or student of the University is expected to endure insulting, degrading or exploitative treatment.
Harassment on the basis of sex is recognized as a form of sex discrimination, which is prohibited under Title VII of the Civil Rights Act of 1964. As defined in the 1980 Equal Employment Opportunity Commission's Guidelines On Sexual Harassment, sexual harassment encompasses "unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature" such as intentional patting, pinching, touching or other sexually suggestive behavior. Sexual harassment occurs when:
Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance oreducational experience, creating an intimidating, hostile or offensive employment, educationalor living environment for an individual.
Such conduct has the purpose or effect of abusing the dignity of an employee orstudent through insulting or degrading sexual remarks or conduct.
Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual'semployment or of a student's status in a course, program or activity.
Submission to or rejection of such conduct is the basis for academic or employment decisions affecting an individual.
Such conduct directed against an individual persists despite requests for its cessation and/or when a claim of sexual harassment has resulted in retaliation against employees/students for complaining about such behavior.
Because of the seriousness of allegations made in this regard, any individual who knowingly or deliberately makes a false accusation shall be subject to disciplinary action.
A member of the University community who believes that they have been involved in an incident of sexual harassment or who becomes aware of an incident of sexual harassment as defined above should bring any such matter to the attention of their immediate supervisor, if employed, and the supervisor is not involved or Stephanie Chandler by email at email@example.com or by phone at 847.947.5215. The individual may initiate the action through the process with mediation or with formal review. The complainant who chooses mediation does not relinquish the option of formal review.
After reviewing all pertinent information and interviewing those involved, the Title IX Coordinator or designated investigator shall recommend a course of action to the office of Human Resources or Student Judicial Officer.
Option I. Mediation
An individual who seeks mediation may be accompanied by a fellow student, staff member or faculty member, if desired. The Title IX Coordinator or the designated hearing officer shall immediately seek to resolve the matter by informal discussions and through mediation with the persons involved. Strict confidentiality will be maintained.
Option II. Formal Review
The complainant may secure a review of the matter by filing a formal request with the Title IX Coordinator. After reviewing all pertinent information and interviewing all those involved, the Title IX Coordinator or the designated hearing officer shall recommend a course of action to the office of Human Resources or Student Judicial Officer, who shall then decide on the course of action that may include any of the following:
No further action
Further investigation needed
- Behavioral contract (probation)
A copy of the decided course of action will be kept on file with the Title IX Coordinator. The alleged party may, at that time, file an appeal with the appropriate appeal system if they wish to contest the action. Additionally, a student or applicant who believes that she/he has been sexually harassed can file a Charge of Discrimination at their regional U.S. Department of Education
Office for Civil Rights. For example, the Illinois and Wisconsin Regional Office is at 500 W. Madison Street, Suite 1475, Chicago, IL 60661. A student or applicant may also file a Charge of Discrimination at their state Fair Employment Practices agency, such as the Department of Human Rights, Chicago Office, 100 W. Randolph Street, 10th floor, Chicago, IL 60601.
If there is a real or perceived conflict of interest involving the actions of the designated University official or University office typically responsible for handling matters of concern for a student, employee or faculty member, an alternative University representative or University office can be contacted instead. Alternate representatives may include the Office of Student Experience, the University Ombudsman, Provost's Office, Department of Diversity, Access and Equity or Office of Human Resources. The alternate University representative or office may then designate an impartial and appropriate University official to resolve the matter following applicable University policy.
Persons who experience unwelcome sexual behavior may respond to the experience in many different ways, including feeling confused, vulnerable, out of control, embarrassed, angry or depressed. If you believe that you or another student has been a victim of sexual misconduct, the following off-campus resources are also available:
Chicago campus:
Rape Victim Advocates (RVA)
888.293.2080 (rape crisis hotline)
312.443.9603 (office location)
180 N. Michigan Ave.
Suite 600
Chicago, IL 60601
YWCA RISE Center - offering Sexual Violence & Support Services
888.293.2080 (rape crisis hotline)
312.733.2102 (office location)
820 W. Jackson Blvd., Ste. 550
Chicago, IL 60607
Community Crisis Center
847.697.2380 (crisis hotline)
847.742.4088 (office location)
P.O. Box 1390
Elgin, IL 60121
YWCA Patterson and McDaniel Family Center
630.971.3927 (rape crisis hotline)
630.790.6600 (office location)
2055 Army Trail Road
Suite 140
Addison, IL 60101
North Shore and Wheeling:
Northwest CASA
888.802.8890 (24 hour confidential hotline)
847.806.6526 (office location)
415 W. Golf Road, Suite 47
Arlington Heights, IL 60005
Crisis Center of Tampa Bay
813.234.1234 (24 hour hotline)
813.964.1964 (office location)
One Crisis Center Plaza
Tampa, FL 33613

subset: commoncrawl


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Few of us who stood on that lonely, rugged road in central B.C. 30 years ago this month will forget the horror.
A half-mile or so away, amid the trees beyond the police line, a burnt-out car surrendered a grisly cargo — the incinerated bodies of George, 66, and Edith Bentley, 59, of Port Coquitlam; their daughter, Jackie Johnson, 41, her husband, Bob, 44, of Kelowna, and their two daughters, Janet, 13, and Karen, 11.
The extended family had vanished a little more than a month before while camping and picking berries in picturesque Wells Gray Provincial Park, about 120 kilometres north of Kamloops.
We later learned the adults were stalked for two days and shot dead on Aug. 2, 1982, in a volley of rifle fire as they sat around a campfire. The sniper spared the girls.
You can only imagine their horror, surrounded by the bloody bodies of their family, as this hulking man lurched out of twilight to satiate his lust.
He sexually abused the girls for a week before murdering them. Their bodies he stuffed in the trunk of the 1979 Plymouth.
David Shearing, now 53 and using his mother's maiden name of Ennis, drove the car, loaded with bloated corpses, into the woods not too far from his home and torched it to destroy the evidence.
On Sept. 13, about a month later, a mushroom picker stumbled upon the charred wreck.
In a province still reeling from the conviction scant months before of child-killer Clifford Olson, these gruesome murders were a staggering blow.
It is one thing for such crimes to be committed in the heartless metropolis, quite another in the idyllic heartland where neighbourliness was the lifeblood.
The start of the erosion of public confidence in the RCMP and the legal system in this province, I think, can be traced to these to two killing sprees.
The national force was tarnished by its botched handling of the Olson investigation, his role as an informant and the heinous cash-for-bodies deal.
Faith in the Mounties was further shaken by the Johnson and Bentley slayings.
Initially, when police stopped at Shearing's home to talk about the gruesome discovery, the murder weapon — a .22-calibre rifle — hung on his wall.
Johnson and Bentley family possessions were scattered throughout the house.
But his dad had been a prison guard, his brother was a sheriff, and Shearing was considered little more than a big, goofy lug — certainly not a suspect.
Instead, the investigators embraced a bizarre theory that the families had been killed by two French Canadians who fled in the family's missing pickup.
As part of their manhunt, the Mounties drove a replica of the missing vehicle — a 1981 Ford Camper Special, with a 10-foot aluminum boat on top — across the country. The trip produced thousands of tips, which turned out to be a trove of misinformation.
In October 1983, the real camper, another paint-blistered cinder, was found by forest rangers on Trophy Mountain about 30 kilometres from the car.
The adult murders had taken place where the family camped at the old Bear Creek prison site, which meant the killer or killers hadn't been transient; they had been intimate with the relatively pristine wilderness and the back roads connecting each location involved in the crime.
Shearing was arrested in Tumbler Ridge on other charges within weeks and during his interrogation confessed to the killings.
Details such as the sexual abuse of the girls were only revealed much later, primarily because he pleaded guilty in April 1984.
Shearing was sentenced to life imprisonment without possibility of parole for 25 years.
He first applied unsuccessfully for parole in 2008.
On Tuesday, he again sought his freedom from Bowden Institution north of Calgary.
"I continue to be shamed, thoughtful and aware of the devastation I have caused," he reportedly told the parole board.
"My actions will always cause me to feel an overwhelming sense of shame and a lifetime of pain and regret. I am and always will be deeply sorry for the loss I caused them."
He continued chillingly: "The last weekend, after six days, I knew I was already responsible for the death of four adults and I knew it had to come to a conclusion. I was very selfish and knew if I let them go I would be held accountable for what I had done."
With that, he tried to excuse four cold-blooded executions, six days of torture and a final despicable decision to murder two girls: "I was very selfish."
"It's quite hard to imagine any crimes more serious or more reprehensible than the ones you committed," the board said in again denying him parole.
"There still is present a large number of risk concerns."
After three decades of incarceration, Ennis hasn't completed the sex offender treatment program and still relishes violent sexual fantasies.
The 25 or so members of the Johnson and Bentley clan and friends who attended the hearing welcomed the decision to keep him locked up.
But it is a scandal they were forced to show up to ensure he wasn't freed.
The proceedings were further needless pain and suffering for them, condemned to relive this nightmare each time Ennis applies for release.
Supported by his wife, Heather, who married him 18 years ago, you can bet Ennis will continue to seek freedom until the day he dies — as did Olson — every two years as the law allows their ilk.
She is misguided, he is evil.
Like Olson, Ennis is one of this country's true bogeymen. He is a psychopath and he should never be released: Some lives are beyond redemption.


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Gibson tired of injury-forced callups
PHOENIX -- If manager Kirk Gibson doesn't have to see another Minor Leaguer make his D-backs debut for a little while, he won't mind too much.
When asked Sunday if there were any players who stood out to him and who he would like to see reach the Majors soon, Gibson joked, "Well, we've seen enough of them."
Because of injuries, the D-backs have had eight players make their Major League debuts this season. Some of those players, such as outfielders Ender Inciarte, David Peralta and Chase Anderson have stuck. Others, like Bo Schultz, have had only cups of coffee in the big leagues.
"We've had all the injuries, and we're not looking to have any more," Gibson said. "We're looking to try to get our guys back."
The D-backs do have more players close to reaching the Majors, though.
"We follow the guys down there, what they do, and we look at the daily Minor League reports on the guys," Gibson said. "Our Minor League system is having a really good year. They're very strong."
After pitching well in Spring Training, top prospect Archie Bradley has dealt with injuries this season. But on Saturday, he pitched seven innings four Double-A Mobile and struck out 10 batters while giving up two runs on three hits.
Gibson was noncommittal about whether Bradley would get a chance to make his debut this season.
"It's possible," he said. "He's got to continue to throw the ball better and better and see what kind of opportunities are made available. You never know.
"He really hasn't thrown that many starts, and he's working on some things down there and he has to be more consistent at it. … When he does that, if there's a need up there, I'm sure he'll get consideration."


text:
Emu joins man on Va. jog, is reunited with owner
A man in Virginia Beach picked up an unusual jogging partner when an emu began following him.
Animal shelter supervisor Wayne Gilbert says Virginia Beach residents contacted the city after the emu showed up Thursday alongside the jogger in the Highgate Green neighborhood.
It turns out that the bird had merely drifted away from its home. Emus are legal to own in the area. Gilbert tells news media outlets that animal control officers located the bird, which was returned to its owner.


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A learning series for small businesses and entrepreneurs that turns the traditional book club on its head; participants will learn and interact about relevant topics, with little time and commitment. We'll read, watch, and listen to pre-circulated articles and videos on a business topic and then meet to discuss and learn from one another. Each session will include a list of additional books and content available at the library if participants wish to explore the topic further. It's informal and easy.
This series is a partnership between the New Westminster Public Library & The New Westminster Chamber of Commerce.
This Spark session will discuss SEO - what is it and how can we best practice it?
Coffee and Snacks provided!
New Westminster Chamber of Commerce is a non-partisan business
organization that exists to meet the needs of the business community.
(604) 521-7781
#201 - 309 Sixth St
New Westminster, BC V3L 3A7


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Pioneer Woman's Fig-Prosciutto Pizza with Arugula Recipe
When chatting with Ree Drummond aka The Pioneer Woman last week before her new Food Network show premiered, we didn't just sit around sans refreshments. Ha, like that would ever happen. Ree provided this pizza (and chocolate chip cookies, can't forget those) from her not-yet-published cookbook, Pioneer Woman Cooks: Food from My Frontier, which comes out the spring of 2012.
Many of you have probably tasted the fig plus prosciutto combo before. It's sweet, salty, and peppery all at once, and a fun way to change up the pepperoni or sausage routine.
- Yield:8 servings
- Active time: 20 minutes
- Total time:1 hour 35 minutes (includes rising time)
- Rated:
- For the Pizza Crust:
- 1/2 teaspoon active dry yeast
- 2 cups all-purpose flour
- 1/2 teaspoon kosher salt
- 1/4 cup olive oil, plus more for bowl
- For the Topping:
- 2 tablespoons olive oil
- Kosher salt
- 6 to 8 tablespoons fig spread or jam
- 12 ounces fresh mozzarella, sliced thin
- Freshly ground black pepper
- 6 ounces thinly sliced prosciutto
- 1 bunch washed and rinsed arugula
- 1 cup shaved Parmesan
For the crust: Sprinkle the yeast over 3/4 cup warm (not lukewarm) water in a bowl.
In a stand mixer with the paddle attachment, add the flour and salt and, with the mixer running on low speed, drizzle in the olive oil. Keep going until it's mixed through. Next, pour in the yeast/water mixture and mix until just combined.
Coat a separate mixing bowl with a light drizzle of olive oil, tip the dough in and form it into a ball. Toss to coat the dough ball in the olive oil, then cover the bowl tightly with plastic wrap and allow the dough to rise for at least an hour, or up to 3 or 4 days.
Preheat the oven to 500°F. Arrange the oven rack in the lowest position.
For the topping: Roll out the pizza dough on a lightly floured surface as thinly as possible Dough should be roughly 17 by 10 inches. Place on a large baking sheet. Drizzle lightly with the olive oil and sprinkle lightly with salt. Spread the fig spread all over the surface of the dough. Lay the slices of mozzarella all over the surface of the pizza crust. Sprinkle lightly with salt and pepper. Bake the pizza until the crust is golden and the cheese is bubbly, 12 to 15 minutes.
Remove from the oven and immediately drape the prosciutto slices over the hot pizza. Sprinkle generously with the arugula and Parmesan shavings. Cut into wedges or squares and serve immediately!
All products linked here have been independently selected by our editors. We may earn a commission on purchases, as described in our affiliate policy.


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What you need to know before you go
Tainan is one of the older cities in Taiwan, located in the southern portion of the island, and is a great place to live and visit. The city is sometimes known as "the City of the Phoenix" because of its continuous history of comebacks and redefinitions. However, in the olden days, Tainan was known as Tayouan, which is considered to be the origin of the name Taiwan.
Regarded as the cultural capital of Taiwan because of its ancient Confucian school/temple, Tainan was built around 1665. The city also houses several other historical structures, including the remains of the ancient city gates. It's also known for its night markets and local snack food. The dan dan noodles, oysters and thin noodles, oyster omelets, elite cakes, and Tainan's 'coffin' toast, are some of the food items that you'll remember forever.


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This week we make a dream come true! Here's your chance to receive an exclusive private dance from the stunning Dominika C!
With ultra-realistic and intimate close-ups of Dominka's gorgeous, tight body - this is as close as it gets to experiencing the real thing!
Playful and sexy, Dominika dances for you in her silk lingerie – teasing and flirting with the intention to blow your mind!
We leave you at Dominika's mercy - prepare to be totally seduced!
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Founded in 1991, Rock Companies has since established itself as a vertically integrated real estate company with expertise in acquisitions, development, construction, property management and asset management. Headquartered in Metro Detroit, Rock Companies has created a strong local presence while focusing on growth in several key markets across the United States.
Rock Companies specializes in four main areas of business.
JACK Entertainment LLC is a Midwest-based gaming partnership formed with an initial focus to develop first-class casinos.
From brand new condominiums to Luxury apartment communities, to student housing, Rock Management understands the day-to-day needs of the residents.
Rock Management offers unparalleled management services to all of the multi-family communities built and owned by the various Rock Companies and private investors.


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I thought I should start a monthly feature on what's currently being solicited, to give you a chance to place pre-orders with your retailers. Pre-orders are the lifeblood of all titles, really, but especially independent titles like those from Image. Literally every sale is important to keep the titles afloat. There are no deep corporate pockets to keep Image titles going; the live and die only on their sales.
In June, I have four different books coming out from Image:
*Shinku #8, my creator-owned, contemporary vampire-samurai thriller, with Lee Moder, Matthew Waite and Mike Atiyeh on art.
*Artifacts #19, introducing the new bearer of the Heart Stone, with Stjepan Sejic art.
*Artifacts Vol. 4 TPB, collecting issues #14-#18.
*Witchblade Compendium Vol. 3, which collects the bulk of my Witchblade run, issues #101-#150, in both hardcover and softcover versions.
The complete solicitations for Image's June books can be seen here:
Also debuting in June is Prophecy #1, from Dynamite, which kicks off a seven-issue crossover by me and regular Red Sonja artist Walter Geovani. The story will bring together a host of Dynamite characters, including Sonja, Vampirella, Dracula, Alan Quartermain, Pantha and more. You can read more about Prophecy in an interview I did with CBR:
I'll also have a story in a special "Monster Massacre" issue of Heavy Metal magazine that debuts in July. It's the debut of a new creator-owned property that Tom Raney and I are doing together. The specifics are still under wraps, but you can find a little more information on the project here:
Remember, pre-order!


text:
In 2011, Longyuan Power received CNY 6.2 billion in revenue from its wind farms, up 34.4% on 2010. According to Longyuan this was due to a reduction in operating costs and more wind farms operating in areas of higher benchmark feed-in tariffs.
Longyuan sold wind power at an average price of CNY 578/MWh in 2011, CNY 6 higher than the CNY 572/MWh in 2010.
The use of larger wind turbines (rising by 3.92% in unit capacity) and reduction of turbine purchase prices (down by 9.81% from centralised purchasing), also played a part in cutting costs.
The company's net profit growth was also partly attributed to UN Clean Development Mechanism (CDM) projects.
By the end of 2011, Longyuan Power had registered 106 wind farms for CDM projects, totaling 6.028GW. They included 52 CDM projects registered in 2011, totaling 3.198GW. In 2011, Longyuan won CNY 727 million from the CDM projects, up 85.5 percent year-on-year.
Longyuan Power showed a sharp contrast to Chinese wind turbine makers, who have suffered a dramatically falling profits, because of smaller orders from wind farms and falling turbine prices.
In 2011, Longyuan Power put 38 wind farms into operation, totalling 2.042GW. It expanded the overall total to 8.6GW by the end of 2011, the largest in China.


text:
By Larry Shaughnessy
Col. Gregory Gross, the judge who will oversee the military trial of Maj. Nidal Hasan, ordered the Army psychiatrist to be forcibly shaved for his trial, according to Tyler Broadway, a spokesman at Fort Hood.
The order is likely to trigger an appeal that would further delay the case, which has dragged on now since 2009.
Hasan's attorney had filed an appeal when Gross threatened to order the shaving but the appeals court said it wouldn't issue a decision until the shaving was actually ordered. Thursday's order by Gross opens the door for that appeal.
The last time he was in court, Hasan told the judge, "Your honor, in the name of almighty Allah, I am a Muslim. I believe that my religion requires me to wear a beard."
Gross has said the beard violates Army regulations and Hasan is still an officer in the U.S. Army and subject to regulations.
Hasan's court-martial had been scheduled to start last month at Fort Hood, in Killeen, Texas, where he is accused of killing 13 people and wounding 32.
His lawyers can now go to the U.S. Court of Appeals for the Armed Forces, an independent tribunal with worldwide jurisdiction over active-duty members of the U.S. armed forces and others subject to the Uniform Code of Military Justice.
The District of Columbia-based court is made up of five civilian judges appointed for 15-year terms by the president. Decisions of the court are subject to direct appeal to the U.S. Supreme Court. Such an appeals process could delay Hasan's criminal trial for months if not years.
CNN's Bill Mears contributed to this report
If this were an Islamic court with a Sharia judge and Hasan would've been a Christian, the judge would've asked Hasan to convert to Islam including his family and relatives and still kill him.
Why doesn't someone higher up just give him an order to shave?
Uh, the judge (higher ranked military officer) did and Hasan refused. Any other ideas?
This guy is just happily wasting as much of the resources of his perceived enemy as he can.
Why would we even consider granting this individual any rights (like the one to have facial hair because Allah says it's ok) when he deprived so many others of their basic right to life? And how can that delay justice? I will never understand how the courts can get bogged down for such frivolous lawyer BS. Only in the US...
Because if we throw out the process when it's unpopular, or whenever we feel like it, we weaken the process' authority in those times when we want to use it. He has the right to file this appeal and it is imperative that we respect the procedures laid out in the UCMJ that he is subject to. The fact that he has committed a heinous crime does not relieve us of the responsibility to do the right thing.
Great post, Guest. Never let up with revealing the ramifications of giving up our values as an American people. We must conquer fear and not allow it to change us as a people.
That's the very way we differentiate in our thinking and way of doing things with likes of Nidal. We have to be careful not to turn into one of these while we rightly punish them for their deeds.
I am glad to call individuals like yourself fellow citizens of our country. Individuals like yourself are exceptional representatives of our country's greatness. I only hope more Americans can come to see the world in the same manner you express. We must be careful not to become that which we struggle to overcome. Intolerance is so easy to yield too, we must strive to remain loyal to our exceptional values.
I am Muslim and I want special treatment. He will see special treatment while he lives his life at Levenworth.
He will become Bubba's little Muslim girlfriend...
It is not that the Quran IS NOT A HOLY BOOK, but the way the extremists and radicals interpret it as orders to slay all who are NOT reading the book as they are.
Um, granny....Have you ever read it yourself or are you blindly following the lies of the media and islamophobes because the Quran certainly doesn't say that.
and taliban killed many irish soldier is afghanistan by force ffffffoooooooorrrrrrrcccccccccccceeeeeee.
What is holy about any book? I can write one now, get some slack jawed hillbillies to keep talking about it, and in 50 years or less, I'll have my own "religion". Look at Sun Mung Moon...what the heck did he ever do besides marry a few thousand people at the same time?
Quran has all kind of weird teachings!! How can Obama call it 'holy Quran'?
What is "holy" about Quran and its creator Mohammad?
Which person living in the middle of the desert 1,400 years ago would know how the fetus forms in the womb? Who would have been able to figure out that the moonlight is reflected light... or salt water and fresh water meet in the ocean, but never mix... or the universe is still expanding... or that olives, honey, figs, fish, milk and dates are health foods...or...need I go on? http://miraclesofthequran.com/scientific_index.html
The military has become a mere shadow of itself..Waisting 10's of millions on private attorneys on appeals for 3 years .Grab the perp by the back of the hair and put a straight razor under his kneck and say "Go ahead make my day"...then oops!


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Aladdin Whole New World Surestrip Wall Mural 10.5' x 6'
Change your child's room in minutes with this Surestrip XL wall mural. Goes up in several water activated panels for easy installation and with the Sure Strip material, it comes down with no damage to your walls (murals are not repositionable after install)
Measures 10.5' x 6'. Coordinating wall decals available.


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Pro-Israeli hacker Yourikan (you-r!-k@n) is claiming to have hacked and defaced as many as ninety-one Iranian websites.
In a message sent to Infosec Island editor Anthony M. Freed, Yourikan indicated the attacks were leveled against Iranian government, education and business targets in protest of Iran's continued pursuit of nuclear weapons and support for terrorist activities targeting Israel.
"91 Iranian sites were hacked and they own by me. Which several government sites eg http://ashayer.gov.ir this is the Tehran's urban development and other gov.ir, A large number of sites faculties and institutions, for example Iranian university http://sama-saveh.ac.ir/info1-28.htm one of the largest universitie in Iran Large electronics companies sites http://gaamelectric.ir/info1-28.htm gaz and oil company http://satrap.ir/info1-28.htm and this one http://www.tw.org.ir/info/mainpage.asp ...This is an attack against Iran than support terrorism and developing nuclear weapons to destroy Israel."
At the time of the writing of this article, the websites provided in Yourikan's statement above were showing signs of defacement similar to the following screenshot provided by Yourikan:
(click image to enlarge)
Infosec Island asked Yourikan to answer a few simple questions to clarify his methods and intentions for instigating the attacks:
Why did you hack the sites?
you-r!-k@n: "i hacked the irnian sites in order to tell a message to the world and to the citizens of iran... israel will not tolerate terror, israel will not acept nuclear iran."
What method did you employ to hack them?
you-r!-k@n: "exploits... sql inject... weak passwords... xss trojan... Social engineering and more and more. every site is a different war. security and offensive security is my job."
What do you hope to accomplish with the defacements?
you-r!-k@n: "message to the world and to the citizens of iran."
Do you have plans to attack more Iranian sites?
you-r!-k@n: "as well as leadrs of iran will continue to calling to destroy isarel and to devloped nuclear boom, i will contunue my personal war."
Will you continue to use defacement as a form of protest?
you-r!-k@n: "i am trying not to hurt the citizens of iran (like stealing money and more, this is not my kind of goal). i can as you know i can do much more then deface... as i taked down the whole irimo.ir domain (all the active directory). full admin on the domain and all servers (more then 1000 objects)."
Previously, Yourikan is known to have similarly hacked and defaced the websites for Iran's state radio station (radio.irib.ir), the site operated by an Iranian water utility (tw.org.ir), and a site belonging to the Iranian Meteorological Organization (irimo.ir).
The websites targeted in the attack now appear to have been taken off line. Yourikan stated via email the following:
"btw all the sites were deleted today (del *.* :-) i had a console backdoors on the server )this is the end of the attack. the dns + the webservers doesn't exist anymore... you can see it by the response of:"
- www.tw.org.ir
- http://ashayer.gov.ir/
- http://sama-saveh.ac.ir/info1-28.htm
"as well all of the sites... this is t he end of my attack... i guess now they will rebuild it from scratch..."


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Difference between revisions of "Lesotho"
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The court may either before or at the trial direct particulars to be delivered to the accused of any matter alleged in the charge and may adjourn the trial for the purpose of delivery of the particulars.<ref>Section 157 of the CP&E Act</ref> Particulars shall be delivered to the accused or his counsel and shall be entered in the record and trial shall proceed in all respects as if the charge had been amended in conformity with the particulars.
The court may either before or at the trial direct particulars to be delivered to the accused of any matter alleged in the charge and may adjourn the trial for the purpose of delivery of the particulars.<ref>Section 157 of the CP&E Act</ref> Particulars shall be delivered to the accused or his counsel and shall be entered in the record and trial shall proceed in all respects as if the charge had been amended in conformity with the particulars.
===6.4 Trial===
===6.4 Trial===
Revision as of 12:17, 13 March 2018
- 1 1. Background
- 2 2. The legal aid situation in the country
- 3 3. Sources of defendant's rights
- 4 4. Pre-trial procedures
- 5 5. Rights of the accused at all time
- 5.1 5.1 Criminal law system
- 5.2 5.2 Double jeopardy
- 5.3 5.3 The legality principle
- 5.4 5.4 Presumption of innocence
- 5.5 5.5 Standard of proof for Conviction
- 5.6 5.6 Capital Punishment
- 5.7 5.7 Fair Trial Rights
- 5.8 5.8 Right to counsel
- 5.9 5.9 Right to fair trial
- 5.10 5.10 Right to non-self-incrimination
- 5.11 5.11 Right to trial by jury
- 5.12 5.12 Right to impartial judge
- 5.13 5.13 Right to appeal
- 6 6. Court Procedures
- 7 7. Rights in prison
- 8 References
1. Background
Lesotho is a beautiful, mountainous, landlocked country completely surrounded by South Africa.[1] It is a sovereign democratic kingdom, with the king as the head of state and executive power in the hands of the government led by the Prime Minister.Lesotho is a former colony of the United Kingdom known as Basutoland. The Basotho nation was founded by the Great Moshoeshoe who later sought for protection from the British. Consequently, Basutoland became an English colony and Roman Dutch Law was infused into the legal system. Wars of independence were later fought and Basutoland gained its independence from Britain and became the Kingdom of Lesotho in 1966.
In the most recent elections in 2007, the governing Lesotho Congress for Democracy (LCD) party retained a majority of seats in parliament.
1.2 Geography, religion, languages and culture
Lesotho is often referred to as "The Kingdom in the Sky" or "The Switzerland of Southern Africa" because of the stark beauty of its rugged mountainous terrain.The country can be roughly divided into three geographic regions: The lowlands, following the southern banks of the Caledon River, and in the Senqu river valley; the highlands formed by the Drakensberg and Maloti mountain ranges in the east and central parts of the country; and the foothills that form a divide between the lowlands and the highlands.
The population of Lesotho, in 1998, was estimated to be 2,089,289 with a growth rate of 1.9 percent. At the end of the twentieth century these figures could alter rapidly as the HIV/AIDS crisis impacts the general population. The people of Lesotho are called Basotho (plural) and Mosotho (singular). The culture is cohesive, with Basotho comprising over 99 percent of the country's population, the remainder being of Asian of European origin.
Sesotho, or Southern Sotho, is spoken in Lesotho as well as in parts of South Africa. Sesotho was one of the first African languages to develop a written form and it has an extensive literature. English is the second official language, dating back to 1868 when Lesotho was placed under the British for protection against South African aggression. Zulu and Xhosa are spoken by a small minority.
1.3 Type of legal system
Lesotho's legal system is in effect a constitutional monarchy. It is based on a combination of Roman Dutch, English Common and traditional customary law.[2]
The constitution provides for an independent judicial system, made up of the High Court, the Court of Appeal, Magistrate's Courts, customary courts (that exist predominantly in rural areas) and a Judicial Services Commission (JSC). There is no trial by jury; rather, judges make rulings alone, or, in the case of criminal trials, with two other judges as observers. The constitution also protects basic civil liberties, including freedom of speech, freedom of association, freedom of the press, freedom of peaceful assembly and freedom of religion.
Jurisdictional Issues
The High Court has jurisdiction to hear the most serious civil and criminal cases, and appeals from the lower courts. It has supervisory jurisdiction over all the courts in Lesotho. It consists of the Chief Justice, who is appointed by the chief of state on the advice of the prime minister, and a number of puisne judges, appointed by the chief of state on the advice of the JSC. Appeals from the High Court come before the Court of Appeal, which meets twice a year.
Customary law
This is a traditional system comprised of the numerous customs of the Basotho. It is recorded and codified (the Laws of Lerotholi)and some of it has been interpreted and acted upon by the courts thus incorporating it into to the formal legal system.Customary law in Lesotho is administered by Basotho or Customary courts.[3]
General observations
The majority of Justices on the Court of Appeal are South African jurists. The court does not operate by trial by jury. Rather, judges make rulings alone, or in criminal trials with 2 other judges as observers.
There are magistrates' courts in each of the 10 districts, and more than 70 central and local courts. General laws in Lesotho operate alongside customary laws. Whether customary or general law will be applied in a case is generally determined by the nature of the case, criminal or civil, and the people involved. It is usual for common law to be implemented in urban areas, whilst customary law is more often found in rural areas.
Local courts, or Basotho Courts, are the courts of first instance for any matter involving customary law. Appeals from local courts come before the central courts, and appeals from the central or local courts come before the judicial commissioners' courts, from which further appeals may be made to the High Court. Lesotho has not accepted compulsory International Court of Justice jurisdiction.
2. The legal aid situation in the country
2.1 State Sponsored legal aid
The Constitution of Lesotho is silent on the right to legal aid however Section 12 of the Constitution provides the right to a fair trial which includes amongst others, the right to legal representation.[4] Although not constitutionally regulated, Lesotho does offer legal aid in both civil and criminal matters. A legal aid board was established by the Legal Aid Act No. 19 of 1978 with the mandate to make provision for the granting of legal aid to the poor persons and for connected purposes. The Act was followed by the Legal Aid Regulations 1979. It is reported that there have been challenges with the provision of National Legal Aid – including a backlog of cases. To address this challenge, the Legal Aid Counsel sometimes briefs private lawyers to handle cases referred to legal aid and the fees are paid by the Legal Aid.[5]
2.2 NGOs providing pro bono legal aid
- Federation of Women Lawyers (FIDA) [1]
Its mandate is limited to providing advice and information on women and children's rights so that they can achieve social justice. Current work especially focuses on property or land claims, domestic abuse, women's empowerment and children's rights.[6]
- Women and Law in Southern Africa Trust(WLSA) [2]
Is an organization that strives for the realization of women's rights which were ignored for a long time. Its mission is to promote and protect women's human rights in socio-economic, legal and political context through active research, lobby and advocacy on policy and legal reform that discriminate against women and children, training and education on laws and policies that advance women's human rights.[7]
- National University of Lesotho Legal Aid Clinic (NULLAC) [3]
The purpose of the organization is to equip law students with practical lawyering skills as it is primarily based in an academic institution. In addition, it is meant to provide free professional legal services to the indigent in communities thus addressing social inequalities and injustices caused by lack of access to justice. NULLAC's mission is to provide quality legal services and to facilitate access to law through an independent, impartial and professional institution.
3. Sources of defendant's rights
3.1 National Sources of defendant's rights
The Constitution of Lesotho
The Lesotho constitution contains a specific number of justiciable rights in Chapter II which protects and safeguards certain fundamental human rights and freedoms, and is set out as follows:
- the right to life;
- the right to personal liberty;
- freedom of movement and residence;
- freedom from inhuman treatment;
- freedom from slavery and forced labor;
- freedom from arbitrary search or entry;
- the right to respect for private and family life;
- the right to a fair trial of criminal charges against him and to a fair determination of his civil rights and obligations;
- freedom of conscience;
- freedom of expression;
- freedom of peaceful assembly;
- freedom of association;
- freedom from arbitrary seizure of property;
- freedom from discrimination;
- the right to equality before the law and the equal protection of the law;
- the right to participate in government
Fundamental human rights and freedoms (Section 4(1) of the Constitution):
Whereas every person in Lesotho is entitled, whatever his race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status to fundamental human rights and freedoms, that is to say, to each and all of the following:
Right to Personal Liberty (Section 6 of the Constitution)
(2) Any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.
(3) Any person who is arrested or detained:
(a) For the purpose of bringing him before a court in execution of the order of a court; or
(b) Upon reasonable suspicion of his having committed, or being about to commit, a criminal offence, and who is not released, shall be brought before a court as soon as is reasonably practicable, and where he is not brought before a court within forty-eight hours of his arrest or from the commencement of his detention, the burden of proving that he has been brought before a court as soon as is reasonably practicable shall rest upon any person alleging that the provisions of this subsection have been complied with.
There are a number of acts and statutes relevant as sources of defendant's rights, including:
- The Penal Code 2010(Act 6 of 2012) - this is the main source of criminal law. It sets out in straightforward terms the general and specific rules of criminal law.
- The Sexual Offences Act
- The Stock Theft Act, 2000
- The Criminal Procedure and Evidence Act 1991 as amended
3.2 International Sources of defendant's rights
Lesotho is a member of the United Nations and the African Union. It has ratified a number of UN Human Rights Conventions, including:
- International Covenant on Civil and Political Rights (ICCPR);
- International Covenant Committee on Economic, Social and Cultural Rights (ICESCR);
- Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT);
- The Convention on the Rights of Persons with Disabilities (ICRPD).
All inhabitants of Lesotho may turn to the UN Human Rights Committee through procedure 1503, to the Special Rapporteurs for violations of specific human rights or to ECOSOC for women's rights violations. Since Lesotho is a member state of UNESCO, its citizens may use the UNESCO procedure for human rights violations in UNESCO's fields of mandate.
4. Pre-trial procedures
Police procedures, Arrest, Search and Seizure Laws
4.1 Arrest
Part V of the Criminal Procedure and Evidence Act,1981 provides for arrests.
Upon arrest, arresting officer may search the accused and place in safe custody all articles found in his possession. On arresting a woman on arrest, the search can only be made by a woman and must be made by strict regard to decency.
4.2 Arrests without a warrant
Arrests can be carried out either by the following:
- Judicial officer who sees a person committing a crime[8]
- Peace officer who sees anyone commits a crime in his presence or when s/he has reasonable grounds to believe/suspect a crime has been committed[9]
- Private person or any person[10]
- Owner of property may arrest any person in respect to which one is found committing a crime.[11]
The grounds on which one can arrest without a warrant are clearly spelt out in the act. Upon arrest, the suspect must be told the cause of the arrest.
4.3 Arrests with a warrant
Arrests with a warrant are provided by Section 33 of the Criminal Procedure and Evidence Act. A judicial officer may issue a warrant for arrest of any person or for further detention upon a written application by the Public Prosecutor. The application needs to set out the alleged offence and that from information taken upon oath, there are reasonable grounds of suspicion against the person.
A warrant issued in terms of the Act shall apprehend the person described therein and to bring before a judicial officer as soon as possible upon a charge of an offence.
4.4 Pre-trial detention
If a person is arrested without a warrant, he can only be detained for a reasonable period in all circumstances of the case.A warrant can be obtained for further detention but must not however exceed 48 hours.[12]
An arrested person can either be released by reason that no charge is to be brought otherwise accused must be taken to a subordinate court of competent jurisdiction as soon as possible. An exception is also available when the magistrate is not available. In such cases, one can remain in custody.
As the right to personal liberty is protected, section 6 of the Constitution determines as follows:
(2) Any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.
(3) Any person who is arrested or detained:
(a) For the purpose of bringing him before a court in execution of the order of a court; or (b) Upon reasonable suspicion of his having committed, or being about to commit, a criminal offence,
and who is not released, shall be brought before a court as soon as is reasonably practicable, and where he is not brought before a court within forty-eight hours of his arrest or from the commencement of his detention, the burden of proving that he has been brought before a court as soon as is reasonably practicable shall rest upon any person alleging that the provisions of this subsection have been complied with.
Unlawful arrest or detention may necessitate compensation from that other person or from any other person or authority on whose behalf that other person was acting.
4.5 Searches
Every person in Lesotho has a right of freedom from arbitrary search or entry of his person or his property unless with his consent.[13] Exceptions are available for the interests of defense, public safety, public order, public morality, public health, town and country planning, the development or utilization of mineral resources or the development or utilization of any other property in such a manner as to promote the public benefit, for the purpose of protecting the rights or freedoms of other at persons, among other grounds listed in the Constitution and Lesotho laws.[14]
Where it appears to a judicial officer on complaint made on oath that there are reasonable grounds for suspecting that there is at a premises, place, vehicle, or person stolen property or anything that can afford as evidence or to be used in commission of an offence, may issue a search warrant. The warrant will allow the police officer to search and or seize any such thing found.
Any warrant should be executed by day unless the warrant specifically authorize that it be executed by night. The seized property will be taken to the magistrate to deal with it according to the law.[15]
Where the process of acquiring a warrant defeats the object of the search, a policeman who has reasonable grounds is sanctioned to search any person, property, premises without a warrant [16] (Provided that the search must be made by day and in the presence of two or more respectable persons of locality in which the search is made).
Police officers with special written authority are allowed to enter and inspect without warrant any drinking place.
4.6 Interrogation
The Constitution provides in Section 4(1)(d) that everyone in Lesotho is shall enjoy freedom from inhuman treatment.
For confessions to be admissible, it must be proved that they have been given freely and voluntarily by such person in his sober senses and without having been unduly influenced. [17]
4.7 Before formal charge in court
In terms of Section 60 of the Criminal Procedure and Evidence Act, a public prosecutor may institute a preparatory examination, summons will be issued out requiring said person to appear before the magistrate of the court for the purpose of undergoing a preparatory examination. Preparatory exam in court is conducted in the manner prescribed in Section 63 and 64 of the Act.
5. Rights of the accused at all time
5.1 Criminal law system
The criminal law system of Lesotho is provided for in the Lesotho Penal Code Act 2010 which is an act meant to establish a code of criminal law. This is counterbalanced on the other hand by the Constitution to provide for the rights of accused persons and to ensure fair administration of justice.
5.2 Double jeopardy
Double jeopardy (ne bis in idem) is a fundamental legal principle usually a Constitutional right.[18] It refers to the fact of being prosecuted or sentenced twice for the same offense.[19] The double jeopardy clause bars second prosecutions after either acquittal or conviction, and prohibits multiple punishments for the same offense. The principle is related to other well known legal defenses, for example: res judicata, and autrefois acquit/convict.
The Constitution of Lesotho in Section 12(5) provides that, "No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall be tried again for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal."
This is also codified in Section 5 of the Penal Code Act, 2010.It provides that "a person cannot be tried or punished twice under the provisions of this Code for the same act or omission, except in the case where the act or omission is such that by means thereof he or she causes the death of another person, in which case he or she may be convicted of the offence of which he or she is guilty by reason of causing such death, notwithstanding that he or she has already been convicted of some other offence constituted by the act or omission."
It is also an internationally protected right under the ICCPR in Article 14(7) to which Lesotho is a part.
5.3 The legality principle
The principle of legality is captured in the Latin phrase "nullumcrimen sine lege, nullapoena sine lege", which means "no crime or punishment without law."
Section 12(4) of the Constitution of Lesotho provides that "no person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for a criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed".
Section 2 (2) of the Penal Code Act 2010, provides that no person shall be tried, convicted or punished for an offence other than an offence specified in this Code or in any other written law or statute in force in Lesotho.[20]
5.4 Presumption of innocence
A fundamental element of the right to a fair trial is that every person should be presumed innocent until proved guilty following a fair trial.[21]
The Constitution of Lesotho provides in Section 12(2)(a) as follows, "Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty"(This principle is recognized in a number of Lesotho court decisions, see for example the case of TEFO HASHATSI and THE PRIME MINISTER & 5 Others C OF A (CIV) 5/2016).
The International Covenant on Civil and Political Rights (ICCPR) to which Lesotho is a signatory also provides in Article 14(2) that "Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to the law."
5.5 Standard of proof for Conviction
In criminal trials, proof is normally beyond a reasonable doubt.
5.6 Capital Punishment
The Lesotho Constitution guarantees the right to life in section 4(1)(a) and 5(1)in that "every human being has an inherent right to life. No one shall be arbitrarily deprived of his life."
Exceptions to this right are listed in section 5(2) of the Constitution and include the defence of any person from violence or in defence of property (section 5(2) (a), in order to effect a lawful arrest or to prevent the escape of a person lawfully detained (section 5(2)(b), in order to suppress a riot, insurrection or mutiny (section 5(2) (c) ) and in order to prevent commission by that person of a criminal offence or if a person dies as a result of a lawful act of war or in execution of a sentence of death imposed by a court.
While the right to life is protected under the Constitution, Lesotho still administers a system of capital punishment and the death penalty is retained.
Section 297 of the Criminal Procedure and Evidence Act (CP&E) 1981 determines that a sentence of death by hanging shall be passed by a High Court upon an accused convicted of murder, treason or rape.
Also, Section 32(a)(vii) of the Sexual Offences Act provides for the death penalty in respect of an accused person convicted of rape, who knowingly commits the crime knowing that or having reasonable suspicion to believe that he is infected with HIV.[22]
The death penalty cannot, however, be carried out in respect of a person below 18 years of age or a pregnant woman in terms of section 297 (b) and 299 of the Criminal Procedure and Evidence Act respectively.[23] In terms of the CP & E, death penalty shall not be imposed where the courts finds that there are extenuating circumstances.[24]
Extenuating circumstances have been defined as 'any facts, bearing on the commission of the crime, which reduce the moral blameworthiness of the accused, as distinct from his legal culpability". Once a court has convicted the accused of a capital offence it must then embark on the second phase of the inquiry, namely whether there are extenuating circumstances which would warrant the imposition of a sentence other than the death penalty.
The application of the 'extenuating circumstances' doctrine has effectively rendered the application of the death penalty in Lesotho null and void in practice and Lesotho reported to the U.N. Human Rights Council that its last execution was carried out in 1995.
5.7 Fair Trial Rights
In terms of Section 6 of the Constitution,a person shall not be detained save as may be authorized by law. Once arrested or detained a person, shall be informed as soon as is reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.[25]
Arrested person must be brought before the court as soon as is reasonably practicable and where he is not brought before a court within forty-eight hours of his arrest or from the commencement of his detention, the burden of proving that he has been brought before a court as soon as is reasonably practicable shall rest upon any person alleging that the provisions of this subsection have been complied with.
If not tried within a reasonable time section 6(5) of the Constitution determines that , the person must be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial. Unlawful arrest or detention may necessitate compensation from that other person or from any other person or authority on whose behalf that other person was acting.
5.8 Right to counsel
Constitution 12(2)(d) provides that a person shall be permitted to defend himself before the court in person or by a legal representative of his own choice.
5.9 Right to fair trial
The Constitution of Lesotho provides for fair trial rights fully in section 12 thereof. If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
Section 12 provides as follows:
12. Right to a fair trial
(1) If any person is charged with a criminal offence, then unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence:
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in a language that he understands and in adequate detail, of the nature of the offence charged;
(c) shall be given adequate time and facilities for the preparation of his defence;
(d) shall be permitted to defend himself before the court in person or by a legal representative of his own choice;
(e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution;
(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.
5.10 Right to non-self-incrimination
Section 12(7) of the Lesotho Constitution provides that no person who is tried for a criminal offence shall be compelled to give evidence at the trial.
5.11 Right to trial by jury
There is no trial by jury in Lesotho.
5.12 Right to impartial judge
Section 12(8) of the Lesotho Constitution provides that any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within reasonable time.
The Constitution further states that the judiciary shall be independent and free from interference, subject only to the Constitution or any other law.
5.13 Right to appeal
Any person aggrieved by the judgement of a prior court has a right to appeal to the superior court.
6. Court Procedures
6.1 Pre-Trial
When a person charged with an offence has been committed for trial or sentence, the charge shall be writing in a document called an indictment.[26]The service upon an accused person of an indictment and notice of trial shall be made in the manner provided in the rules of the court. Once the indictment is lodged with the High Court, the case is deemed to be pending in that court.
In the subordinate court, the prosecutor lodges with the clerk of court a statement in writing of the charge against that person describing his name, place of abode, and occupation. The document is called a summons, and it should state forth shortly and distinctly the nature of the offence, the time and place at which it is alleged to have been committed.[27]
The clerk of court will issue and deliver to the messenger of the court a summons to the person charged to appear and answer to the charge.[28] At the trial the charge shall be read out to the person charged, who shall be called upon to plead thereto, and his plea shall be recorded thereon. The accused or his legal adviser may at all reasonable times inspect the charge as stated in the summons.[29]
6.2 Initial Court Appearance/Preliminary Hearing
In subordinate courts, when a person has been arrested upon a charge, trial must be commenced forthwith.[30]
In the High Court, a person committed to trial shall be brought to trial at the first session of that court for the trial of criminal cases held after that date of commitment or be admitted to bail.[31]
On the day appointed for trial, the accused shall appear in court and be informed in open court of the offence with which he is charged as set forth in the charge.[32] The accused is required to plead instantly thereto except where the accused objects to plea.
6.3 Pre-Trial Motions
An accused may before entering a plea raise objections to a charge for any formal defect apparent on the face thereof.[33] The court will determine the exception forthwith.
Notice to quash charge
The accused may, before pleading, apply to the court to quash the charge on the ground that it is calculated to prejudice or embarrass him in his defense.[34] The court may quash the charge or may order it to be amended, or may refuse to make any order on the motion. A notice of motion must be made in terms of Section 160 of the Act.
The court may either before or at the trial direct particulars to be delivered to the accused of any matter alleged in the charge and may adjourn the trial for the purpose of delivery of the particulars.[35] Particulars shall be delivered to the accused or his counsel and shall be entered in the record and trial shall proceed in all respects as if the charge had been amended in conformity with the particulars.
6.4 Trial
Nature of the Trial
Trial is adversarial in nature. Trials are done in open court and evidence is given viva voce in the presence of the accused unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable. If the accused absents himself during trial without leave, the court may direct a warrant to be issued for his arrest.[36]
6.5 Defendant/Lawyers
Every person charged with an offence is entitled to make his defence at his trial and to have witnesses examined or cross-examined by his counsel or other legal representative.[37]
A minor may be assisted by a legal guardian.Manner of trial of insane or incapacitated accused person is as provided by the CP& E Act.
6.6 Judges
Judges must be impartial, independent and free from interference.
6.7 Appeals
Defendants have the right to appeal. A defendant may either be held or released on bail until sentenced. Appeals are provided for in terms of Part XVIII, Sections 326-330 of the CP & E Act.
6.8 Right to Counsel
The right to counsel is a constitutional right (section 12(2)(d).
7. Rights in prison
- Conditions of confinement
A prisoner whether sentenced to imprisonment or committed to prison on remand or pending trial or otherwise, may be lawfully confined in any prison.[38] Every prisoner shall be deemed to be in the legal custody of the superintendent or gaoler of the prison. The Resident Commissioner shall satisfy himself from time to time that in every prison sufficient accommodation is provided for all prisoners.
- Right to medical care in prison
Prisoners receive free medical care from government hospitals. All prisons have a nurse and a dispensary to attend to minor illnesses. Some correctional facilities owned ambulances to transport inmates for emergency medical care.[39]
- Women's rights in prison
Ina prison used for both male and female prisoners, separate buildings or parts of a building shall be used for the males and for the females respectively so as to prevent the one from seeing or communicating with the other.
- ↑ http://www.commonwealthofnations.org/country/lesotho/Accessed 30th November 2017 10.00pm
- ↑ Office of the United Nations High Commissioner for Human Rights
- ↑ Ibid
- ↑ Ibid
- ↑ http://www.nyulawglobal.org/globalex/Lesotho.html#_Civil_and_criminalAccessed 3rdDecember 2017 08.32am
- ↑ https://fidalesotho.wordpress.com/Accessed 3rd December 2017 09.40am
- ↑ http://www.womenandlaw.org.ls/services.htmlAccessed 3rd December 2017 10.00am
- ↑ Section 23 of the Criminal Procedure and Evidence Act, 1981
- ↑ Section 24, 25, 26 of the Criminal Procedure and Evidence Act, 1981
- ↑ Section 27,28 of the Criminal Procedure and Evidence Act, 1981
- ↑ Section 29C P & E Act
- ↑ Section 32 of the C P & E Act
- ↑ Section 10 (1) Constitution of Lesotho
- ↑ Section 10 (2)(b), (c) or (d)Constitution of Lesotho
- ↑ Section 46 of the CP &E Act
- ↑ Section 47 of the CP & E Act
- ↑ Section 228 of the CP&E Act
- ↑ https://www.cairn.info/revue-internationale-de-droit-penal-2006-1-page-121.htm 3rd December 2017 11.15am
- ↑ Black Law Dictionary (2004) 8th Edition
- ↑ http://www.lesotholii.org/ls/legislation/act/2012/6 Accessed 4th December 2017 08.15 am
- ↑ https://www.fairtrials.org/about-us/the-right-to-a-fair-trial/the-presumption-of-innocence/Accessed 4th December 2017 09.45 am
- ↑ http://www.nyulawglobal.org/globalex/Lesotho1.html#_edn21Accessed 4th December 2017 08.15 am
- ↑ http://www.nyulawglobal.org/globalex/Lesotho1.html#_edn22 Accessed 4th December 2017 08.17 am
- ↑ http://www.nyulawglobal.org/globalex/Lesotho1.html#_edn24Accessed 4th December 2017 08.23 am
- ↑ Section 6 (2) of the Constitution of Lesotho
- ↑ Section 118 of the Criminal Procedure and Evidence Act,1981
- ↑ Section120 of the CP&E Act
- ↑ Section 121 of the CP&E Act
- ↑ Section 123of the CP&E Act
- ↑ Section 145of the CP&E Act
- ↑ Section 141 of the CP&E Act
- ↑ Section 150 of the CP&E Act
- ↑ Section 152of the CP&E Act
- ↑ Section 159of the CP&E Act
- ↑ Section 157 of the CP&E Act
- ↑ Ibid
- ↑ Section 171of the CP&E Act
- ↑ Section 15of Basutoland No. 30 OF 1957 Promulgated 24th May, 1957
- ↑ Human rights Report on Lesotho 2012


text:
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@Screen Junkies
Dear...: Apple shows that one person's story can change the world in a trailer for the inspirational docuseries!
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@Apple TV -All ten episodes will debut June 5, exclusively on the Apple TV
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@TV Promo 360
added by whatsupbugs
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Netflix's trivia experts have compiled 21 interesting facts and 1 lie about Extraction in a fun featurette. Can you identify the lie? Check out the video, added by rakshasa, to give it a try!
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@The CW Network
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@FTZ Don't Run stars Danny Irizarry, Dan Foley, Wendy Keeling and Charlotte Arnold.


text:
I hope yours was as much fun! Blessings to all my friends and family!
Saturday, December 27, 2008
A Synopsis of Christmas
I hope yours was as much fun! Blessings to all my friends and family!
Posted by Mom to 5...Daughter of the King at 9:01 AM
7 comments:
- Andrea said...
I love the pics! David was looking and said he can't believe how much older your kids are. We have got to get the families together:)
- December 27, 2008 at 10:00 AM
- Dawn said...
Thanks for sharing your photos!! Looks like LOTS of fun.
We had a nice quiet Christmas but wheather permitting we are getting together at Steve's mom's house for the LOUD version tomorrow.
- December 27, 2008 at 11:23 AM
- Lori said...
looks like everyone had a good time. glad you enjoyed your holidays
thanks for stopping by my blog
- December 27, 2008 at 7:23 PM
- CC said...
Looks like a busy house and lots of fun!
- December 28, 2008 at 7:28 PM
- Hilty Sprouts said...
Merry Christmas to you!
We got Noelle's bows & headbands and they are so cute! Thanks!
- December 28, 2008 at 11:55 PM
- Our 7 Blessings from God said...
Fun, fun, fun!! Looks like your family had a wonderful Christmas:) Happy New Year!
- December 29, 2008 at 11:18 AM
- a Tonggu Momma said...
Happy Christmas!!! And the Tongginator opened up her butterfly present on Christmas morning. Thank you so much - they are adorable. Look on the blog for a pic.
- December 29, 2008 at 8:23 PM