Christchurch mosque attacks: Gunman pleads guilty to murder, attempted murder and terrorism | Stuff.co.nz

The man accused of the Christchurch mosque attacks has entered shock guilty pleas, bringing relief to survivors and victims’ families.

Amid extraordinary coronavirus lockdown restrictions, Brenton Tarrant, 29, appeared via video-link in the High Court at Christchurch on Thursday morning and admitted 51 charges of murder, 40 charges of attempted murder and a charge of engaging in a terrorist act.

He’d previously pleaded not guilty to all the charges and was scheduled to stand trial on June 2.

GEORGE HEARD/STUFF
Fifty-one people died as a result of the March 15, 2019 attack.

Tarrant, who wore a grey prisoner sweater, was largely silent and emotionless throughout the hearing. He sat alone in a white room with a grey door at Auckland Prison, Paremoremo, where he’s held in maximum security.

The terrorist’s lawyers, Shane Tait and Jonathan Hudson, appeared via video-link from another court room.

Brenton Tarrant pleads guilty to murder, attempted murder and terrorism via AVL in the Christchurch High Court.

The names of all 51 people killed were read to Tarrant, before he was asked how he pleaded to the murder charges.

He replied: “Yes, guilty.”

The same process was followed for the attempted murder charges.

JOHN KIRK-ANDERSON/STUFF
Terrorist Brenton Tarrant pictured at his first court appearance, the day after the mosque shootings.

Justice Cameron Mander remanded Tarrant in custody, but has not yet set a date for sentencing, when the summary of facts would be made public.

Few people knew of the special hearing, which was only scheduled late Wednesday, on the eve of an unprecedented nationwide lockdown to prevent the spread of the Covid-19 coronavirus.

Six New Zealand journalists attended. Also in court were the imams from both targeted mosques. An-nur (Al Noor) imam Gamal Fouda was visibly upset as the guilty pleas were entered.

JOSEPH JOHNSON/STUFF
Mustafa Boztas still has a fragment of a bullet inside him.

The hearing concluded at 10.30am, but the judge suppressed the outcome for an hour to allow victims, who were unaware of the hearing, to be notified.

The decision to hold the hearing amid the national state of emergency was not made lightly.

Earlier in the week Tarrant indicated to counsel that he might change his pleas. A formal request was made on Wednesday that the matter be brought before the court.

DAVID WALKER/STUFF
Omar Abdel-Ghany, whose father Ahmed Gamal Eldin Abdel-Ghany was killed at Masjid An-Nur.

Mander said both the Crown and defence asked to have the hearing expedited, despite the severe health restrictions.

The courts were considered an essential public service that was able to deal with “priority proceedings without compromising people’s health”.

The judge said he felt the court had the capacity to safely hear the matter by limiting the number of people in court. In total, 17 people were present.

Prime Minister Jacinda Ardern reflects on the last year following the Christchurch mosque shootings.

It was regrettable the Covid-19 restrictions prevented victims from attending, he said, but the imams had been asked to be present to bear witness to the proceedings.

“It was my assessment that taking the defendant’s pleas at this time was the appropriate course in the circumstances,” Mander said.

“The entry of guilty pleas represents a very significant step towards bringing finality to this criminal proceeding, and I considered the need to take the opportunity to progress the matter was particularly acute coming as it has at a time when the risk of further delay as a result of Covid-19 was looming as realistic possibility.”

Mander said the defendant would not be sentenced before the court returned to normal operations.

The defendant had been remanded to a nominal date of May 1. It was hoped a sentencing date would be confirmed in the interim.

“It is fully anticipated that all who wish to attend court for the sentencing hearing will be able to do so in person.”  

On March 15 last year, Tarrant drove from his Dunedin home to Christchurch with an arsenal of guns and ammunition he’d amassed since moving from Australia to New Zealand in 2017.

The white supremacist entered Masjid An-nur (also known as the Al Noor Mosque) on Deans Ave as Friday prayers were beginning, about 1.40pm, and opened fire – killing and wounding dozens of people.

He then drove across town to the Linwood Mosque where he continued his shooting spree.

Tarrant was arrested a short time later after his car, a gold Subaru Outback, was rammed off the road by two police officers on Brougham St as he tried to make his way to a third target, though to be a mosque in Ashburton, where he planned to carry out another attack.

When police searched the vehicle they found several guns and petrol bombs.

NZ’S WORST MASS SHOOTING

In total, 51 people were killed in the terrorist attack, the worst mass shooting by an individual in New Zealand history.

Tarrant was the first person to be charged under NZ’s Terrorism Suppression Act 2002.

Omar Abdel-Ghany, whose father Ahmed Gamal Eldin Abdel-Ghany was killed at Masjid An-Nur, said he could not understand what caused Tarrant to change his plea.

“I’m both shocked and relieved. Shocked at the sudden change in plea, relieved that my family and I, along with other victims won’t have to relive it all through the courts.”

Muslim Association of Canterbury spokesman Tony Green said his immediate reaction was one of enormous relief and great gratitude.

“I think the victims will feel a huge weight has been lifted from their shoulders. Our position has always been to let justice take its course, but a trial would have put a lot of pressure on our families. If you look at the anguish caused by the trial of Grace Millane’s killer you can see how bad it would be for 51 families.”

Mustafa Boztas, who lay on the ground inside the Masjid An-nur with a bullet in his leg, pretending to be dead, said from Turkey he always knew Tarrant would be found guilty. 

“I feel he basically played with our minds and emotionally upset us more for no reason.”

Boztas said he would have stayed in the country instead of going overseas if he’d known Tarrant was going to plead guilty. 

“While it can’t undo the damage it has brought upon our community and country, it gives me hope that this help bring not only justice but some closure to those touched by this event.

“To the families, I hope this brings you peace, and a sense that love can conquer hate. While this closes the criminal proceedings for the shootings, please know there is still a long way to go in recovery for some of us, so thank you for your continued support.”

Yasir Amin, whose father 67-year-old Muhammad Amin Nasir was shot in the back by the gunman shooting from his car, said the guilty pleas were good news.

“It’s good to avoid a trial because we would be reminded of everything, every day of the six week trial. We’ve avoided that mental torture and we’re not in a situation where the outcome is not 100 per cent sure.”

Nasir was to undergo another operation on Monday but the operation was postponed due to Covid-19 measures. He had spent two months in hospital after the shootings and had another 20-day stay in December.

“He is now doing well. He goes for walks and eats well.”

Just about every organ in his father’s body except his heart had been damaged by the shotgun pellets, Amin said.

Nasir was shot about 200 metres from the mosque on Deans Ave. The gunman drove past Amin and his father, who were walking to the mosque along the footpath, when he aimed a shotgun at them from his car. Both ran for their lives but Nasir was shot. Their plight was captured by a motel CCTV camera. 

‘HE’S GOT TO PAY THE TIME’

Tarrant’s grandmother, Marie Fitzgerald, had no idea about the plea until called by Stuff.

“I feel sorry he did the crime, but he’s got to pay the time now.”

She declined to comment further.

Victim Support chief executive Kevin Tso said support was ongoing for hundreds of victims who still need help coping with the trauma of the event and rebuilding their lives.

“We’re pleased victims no longer have to face the trauma of the trial.”

The victims had shown remarkable courage and resilience in the face of a heart-breaking, shocking and senseless tragedy, Tso said.

“They have our utmost respect and promise that we will be here for them for as long as they need us.”

Police Commissioner Mike Bush said the pleas were a “significant milestone in respect of one of our darkest days”.

“I want to acknowledge the victims, their families and the community of Christchurch – the many lives that were changed forever. They have inspired all of us to be a kind and more tolerant community.”

Prime Minister Jacinda Ardern said it would provide some relief to the many people whose lives were “shattered” on March 15.

“These guilty pleas and conviction bring accountability for what happened and also save the families who lost loved ones, those who were injured, and other witnesses, the ordeal of a trial,” she said.

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Colorado ‘Psychic Kay’ killer files murder case appeal

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‘Psychic Kay’ killer files appeal claiming attorneys failed to inform him of plea offer


Sady Swanson


Fort Collins Coloradoan
Published 11:25 PM EST Jan 31, 2020
John Marks Jr. (right) is serving 48 years to life in prison after a jury found him guilty of murdering his wife of 20 years, Kathy Adams, 57, in 2010.
Fort Collins Coloradoan archive

The man sentenced to prison for the murder of the 57-year-old Fort Collins woman known as “Psychic Kay” has filed an appeal claiming his attorneys failed to properly advise him of potential plea agreements.

John Marks Jr., now 57, was found guilty of second-degree murder and sexual assault in the 2010 death of his wife, Kathy Adams, known as “Psychic Kay.” He was sentenced to 48 years to life in 2012 and is currently serving his sentence at the Fremont Correctional Facility in Canon City. 

Adams’ body was recovered from a ravine off U.S. Highway 36 near the Boulder-Larimer County line in October 2010, according to Coloradoan archives. Marks was arrested on suspicion of second-degree murder about two weeks after her body was found. Initial arrest documents indicated that Marks was abusive and Adams had planned to escape to Atlanta and live with family before she was killed.

Marks pleaded not guilty in his initial case and has maintained his innocence, according to his previous defense attorney. 

Online court records indicate documents were filed to reopen the case in 2015, and the first petition was filed May 2017. The appeal was filed under Colorado criminal procedure that allows for a request for post-conviction relief if attorneys provided ineffective counsel during a criminal case. If approved, the judge could order a new trial or a modified sentence. 

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On Friday afternoon, Marks appeared in a Larimer County courtroom, where his attorney argued to 20th Judicial District Judge Nancy Salomone that Marks’ criminal defense attorneys failed to properly inform him of an offered plea agreement during his 2012 trial.

During Friday’s hearing, the defense attorneys and prosecutors from the 2012 trial denied the assertion that a midtrial plea offer — or that any formal plea offer — was made in the case. 

Defense attorney Derek Samuelson was appointed to be Marks’ attorney about a year into the case — in fall 2011 — after the public defender’s office removed themselves due to a conflict of interest, Samuelson testified Friday. 

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After his appointment, Samuelson said he reached out to now Second Assistant District Attorney Emily Humphrey, the lead prosecutor on Marks’ case, to suggest a potential plea offer of manslaughter instead of second-degree murder. Humphrey refused the suggestion, Samuelson said.

Shortly after that exchange, Samuelson said he met Humphrey and now Larimer County District Attorney Cliff Riedel, Humphrey’s supervisor at the time, at a coffee shop in September 2011 to discuss the potential for a plea offer.

An email sent after that meeting from Samuelson to another defense attorney assisting with the case — Lisabeth Castle — said the district attorney suggested they may be open to an offer involving Marks’ pleading guilty to second-degree murder in a heat of passion, which could have led to a lesser sentence.

The discussion was not an official offer, Samuelson said.

Per the district attorney’s office policy, according to testimony by Humphrey and Riedel on Friday, to minimize harm to the victims or the family in a sexual assault or murder case, prosecutors might tell a defense attorney what they might consider a fair plea offer first. Then, if the defendant comes back with interest in taking a plea offer similar to what they discussed, that’s when the prosecution would bring the idea of a plea agreement to the victim or the victim’s family, not before that point. 

“There was absolutely no formal offer made to (Samuelson),” Humphrey testified Friday.

After having the initial discussion with Humphrey and Riedel, Samuelson said he went to the Larimer County Jail to speak with Marks. Because pleading guilty to second-degree murder in a heat of passion would still likely mean decades in prison, Samuelson said Marks declined to move further with it.

“What he told me was motivating him was innocence,” Samuelson said.

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Castle also testified that no midtrial offer was conveyed to her, and she was not aware of one being conveyed to Samuelson or directly to Marks. 

“And (if we did receive a midtrial offer) I think that’s something we would’ve encouraged him to take,” Castle testified.

The appeal hearing was initially scheduled to finish Friday afternoon, but attorneys and the judge agreed that a second day of testimony is necessary. Because of scheduling conflicts, a date for the second day of the hearing has not yet been scheduled. 

Samuelson, who was not able to finish testifying Friday afternoon, will resume his testimony at that hearing.

Sady Swanson covers crime, courts, public safety and more throughout Northern Colorado. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Support our work and local journalism with a digital subscription at Coloradoan.com/subscribe.

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Catholic Church puts seal on abolition of Osu caste in Igboland

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Auxiliary Bishop of Awka Diocese,Most Rev Jonas-Benso Okoye, with priests, some members of Ora-Eri town union executive and the Royal Ezenri cabinet members after the thanksgiving Mass

By Vincent Ujumadu

THE Catholic Church in Anambra State has put a final seal on the abolition of the Osu Caste system in Igbo land with a thanksgiving service celebrated at the ancient town of Ora-Eri in Aguata local government area of Anambra State.

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Recall that the traditional ceremony abolishing the over 500 years old obnoxious system was performed by the Okpala Eri XIII, Anthony Okafor,     on 14th  September last year during which those hitherto referred to as Osu and the freeborn embraced each other and decided to put the past behind.

At that ceremony, the traditional ruler of Ora-Eri, His Royal Highness, Ezenri Emmanuel Nriagu warned that henceforth, anybody who referred to another person as Osu would be seriously dealt with. To drive home the importance of last year’s ceremony, the Ora-Eri community last week invited the church to make Christian pronouncement banning the system in the entire Igbo land.

The Auxiliary Bishop of Awka Diocese, Most Reverend Jonas- Benson Okoye was at the head of the celebration, with five other priests in attendance. Bishop Okoye was particularly happy with Ora-Eri community for collaborating with the church in the abolition of Osu system in the town, explaining that the thanksgiving church service was to conclude the exercise that began last year.

Reverend Monsignor Jerome Madueke, who delivered the homily at the church service, traced the origin of Osu in Igbo land, recalling that some people, out of cheer wickedness, were dedicated to idols for no justifiable reason.

He said: “These (Osu) people lived upright life. They were respected because of the idols that owned them. Nowadays, people are busy destroying the physical structures (idols) which were symbols of worship of our forefathers, but still retaining them in their minds and spirit, fearing them and attributing all their woes to them.

“But since Jesus came that we may have life and have it in full, everybody is equal before God and all gifts come from God and to be used for the good of others, especially the less privileged.

“It is regrettable that we worship God and idols together because of our lack of faith. Our ancestors should be pardoned because they worshiped idols out of ignorance. Let us therefore appreciate that Jesus came and abolished distinction between free born and slaves.

“Unless we allow God to come into our minds, in behaviours and relationship with others, the issue of Osu may still linger. I want to observe that in addition to the formal abolition of Osu system, there is still great work to do and I pray that by the grace of God, we can achieve much more.”

. He thanked Ora -Eri people for living up to Christ’s injunctions by taking the bold step to abolish Osu in the community.

The traditional ruler of the town, HRH Ezenri Emmanuel Nriagu commended the Bishop for celebrating the church service and the parish priest Rev Fr Nwakelu Andrew for his unalloyed support during the preparation of the abolition ceremony, as well as the indigenous priests and the entire people of the community for their support. He also affirmed that his cabinet was ready to confer any title on any deserving indigene of the town irrespective of his background.

Eze Nriagu warned that henceforth anybody in his domain who discriminated against others on the basis of Osu caste system would face the full weight of traditional hammer, describing the Osu system as retrogressive. According to him, the people of Ora-Eri were happy to put behind the system that reduced fellow human beings to second class citizens for centuries.

“With the ceremony we have performed in this community, those formerly described as Osu will start taking traditional titles and intermarry with others.

“Those who were hitherto referred to as Osu in this community have been bestowed with all rights and privileges enjoyed by the freeborn. They are good people and many of them are intelligent and beautiful and everybody stands to gain by putting behind this obnoxious system.”

The Royal Father thanked the Bishop for celebrating the church service and assured that his people would never go back to the dark era.

Chief Anthony Okafor, who presided over the abolition ceremony at the community square last year said he had been campaigning for the abolition for several years, expressing joy that his effort had finally paid off.

Okafor said: “When I took the title of Okpara in 1990, I took it upon myself that Osu Caste system must be abolished. It was not easy at the beginning.

“In the past four years, I chose to be sampling people’s opinion on the matter and it was during that period that I found out that many people in our community also wanted the system abolished, but did not know how to go about it.

“We later renewed the campaign and happy enough, the leadership of Ora -Eri Development Union and our traditional ruler were in support.”

In his speech, the President General of Ora-Eri Development Union, Mr. Okey Atueyi said the community had taken a bold decision and commended everybody in the area for their support in putting the discriminatory system behind. “You can see how happy the people are,” he said.

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The Parish priest of Ora-Eri, Rev Fr Andrew Nwakelu expressed appreciation to the people of Ora-Eri for participating in the historic church celebration and enjoined them to remain with the new spirit.

The post Catholic Church puts seal on abolition of Osu caste in Igboland appeared first on Vanguard News.

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The General’s Death Upsets Iran’s Plan

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Qassem Soleimani, who was Iran’s most hyped general, loved publishing “selfies” showing himself close to battlegrounds in the Middle East. He was never present anywhere near a battle but was always to come after the dust had settled, to take “selfies” and claim the credit. (Photo by Mehdi Ghasemi/ISNA/AFP via Getty Images)

While analysts and policymakers are busy speculating on ways that Tehran’s ruling mullahs might avenge the killing of their most hyped general, the real question that needs considering may be elsewhere.

The question is: what effect Soleimani’s death might have on the power struggle that, though currently put on hold, is certain to resume with greater vigor in Tehran.

Tehran’s propaganda tries to sell Soleimani as a kind of superman who, almost single-handedly, brought Iraq, Syria, Lebanon, Gaza and parts of Afghanistan and Yemen under Iranian control while driving Americans out of the Middle East and crushing ISIS’s so-called Caliphate which tried to rival the Islamic Republic in Tehran. Soleimani himself did a lot to promote that image and, doing that, received much help from Western, especially American, and Israeli media that bought the bundle of goods from Tehran.

Facts, however, offer a different portrait of the late general. Soleimani joined the Islamic revolution in 1980, aged 27, at a time that the mullahs were busy putting together a praetorian guard to protect their new regime. A few months later, the ragtag army that Soleimani had joined was sent to help the remnants of a heavily purged national army fight an invading Iraqi force. With over 8,000 officers and NCOs of the national army purged by Khomeini, the new regime offered a fast track to people like Soleimani who had joined the military with no proper training and often little or no formal education. Thus, just three years after he had joined the military, young Soleimani found himself in command of a division of raw recruits. Under his command, Iranian forces suffered three of their biggest defeats in operations Al-Fajr 8, and Karbala I and Karbala II. Mohsen Reza’i, then chief of the Revolutionary Guard, describes the three battles as “a string of catastrophes” for Iranian forces.

However, Soleimani, who was to demonstrate his genius for networking and self-promotion, scored one lasting victory when he attached himself to Ali Khamenei, the mullah who was to become the Islamic Republic’s “Supreme Guide”.

Khamenei started as Deputy Defense Minister and rose to become President of the Islamic Republic. Soleimani, mocked as “the mullah’s bag-carrier”, was always at his side. In the 1990s, as Khamenei slowly built himself as the sole arbiter of Iran’s fate, Soleimani seized the opportunity to secure a fiefdom for himself.

That came in the shape of the project to “export” the Iranian Revolution to other Muslim countries. Initially, exporting the revolution, mentioned in the regime’s constitution as a sacred duty, had been regarded as a matter of propaganda and organizing sympathizers in Arab countries through outfits named Hezbollah. The task was handled by a special office in the Foreign Ministry headed by Ayatollah Hadi Khosroshahian. Partly thanks to lobbying by Soleimani, the task was taken away from the Foreign Ministry and handed over to the Revolutionary Guard. But even then Soleimani didn’t get the top job, which went to then Col. Ismail Qaani, the man who has now succeeded Soleimani as Commander of the Quds Force. Soleimani’s next move was to dislodge Qaani and get the top job himself. (Qaani was named as deputy). Even that configuration would not satisfy Soleimani, who had bigger ambitions. As long as he was part of the IRGC’s chain of command, he had to obey rules set by superiors whom he despised.

Thanks to Khamenei’s support, he succeeded in securing his independent fiefdom in the shape of the Quds Force which, though formally part of the IRGC, has its own separate budget and chain of command and is answerable to no one but Khamenei.

Next, Soleimani seized control of Tehran’s foreign policy in Arab countries, Afghanistan, North Korea, and South America and, in some sensitive areas, even Russia. The Islamic Republic’s presidents and foreign ministers have never had tête-à-tête talks with Russian President Vladimir Putin, as Soleimani had.

It became a matter of routine for Soleimani to appoint Iran’s ambassadors to Baghdad, Damascus, Beirut, Doha and several other Arab capitals.

A dramatic illustration of Soleimani’s “independence” came when he shipped Syrian despot Bashar al-Assad to Tehran in a special airplane without even telling the Iranian president, let alone the foreign minister, who were also excluded from the Syrian’s audience with Khamenei.

A control freak, Soleimani insisted on deciding even the smallest details himself. In his one, and now final, interview, last November, the general talks of how Lebanese Hezbollah chief Hassan Nasrallah had to clear every move with him.

Inside Iran, Soleimani built a state within the state. According to the Islamic Customs Office, the Quds Force operates 25 jetties in five of Iran’s biggest ports for its “imports and exports” with no intervention by the relevant authorities. A levy on imports of foreign cars is reserved for a special fund, controlled by the Quds Force, to cover expenditures in Iraq, Syria and Lebanon and help pro-Iran Palestinian groups.

Soleimani had his own network of lobbyists in many Arab countries and some Western democracies. Hundreds of Iranian and Arab militants have enrolled in Western universities with scholarships from the Quds Force.

The Quds Force has registered vast tracts of public land in its name, claiming the need for future housing for its personnel. It also runs two dozen companies and banks, several shipping lines and an airline.

Soleimani, who loved making and publishing “selfies” showing himself close to battlegrounds in the Middle East, was never present anywhere near a battle but was always to come after the dust had settled, to take “selfies” and claim the credit.

A master of self-promotion, Soleimani received the rank of major-general without having risen through the hierarchy of the top brass like the other 12 men on the list. (After death, he has been promoted to Lt. General).

Some analysts in Tehran believe that Khamenei was planning to promote Soleimani further by making him President of the Islamic Republic in 2021. An image-building campaign started last year, as Soleimani was marketed as “the Sufi commander”, a label given to Safavid kings in the 16th century.

A committee of exiled Iranians in Florida also started campaigning to draft Soleimani as president.

If that was Khamenei’s game plan, there is no doubt that Soleimani’s demise will lead to more uncertainty regarding the future course of Iranian politics.

Amir Taheri was the executive editor-in-chief of the daily Kayhan in Iran from 1972 to 1979. He has worked at or written for innumerable publications, published eleven books, and has been a columnist for Asharq Al-Awsat since 1987. He is the Chairman of Gatestone Europe.

This article was originally published by Asharq al-Awsat and is reprinted by kind permission of the author.

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DSS arrests man ‘who created’ video of Buhari’s fake wedding to minister

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The Department of State Services (DSS) has arrested Kabiru Mohammed, a Kano state indigene, for allegedly creating and sharing fake videos depicting a wedding ceremony between President Muhammadu Buhari and Sadiya Farouq, minister of humanitarian affairs and social development.
Mohammed, 32, had reportedly released the video which sparked frenzy across the nation in October.
Peter Afunanya, DSS spokesman, on Friday, confirmed the arrest of the suspect, saying he is at the DSS headquarters.
He said an investigation was launched, following a formal complaint to the service by Zainab Ahmed, minister of finance, whom the video also showed as getting married to the president .

“Last year, 2019 between August and October there was a defamatory video that circulated widely across Nigeria and showing false engagement of Mr President in marriage with some members of his cabinet. One was the minister for finance, Hajiya Zainab Ahmed and another was that of the minister for minister of humanitarian affairs and social development, Hajiya Sadiya Farouq.” Afunanya said.
“On the 11th of October, 2019 the honourable minister for finance, brought a formal complaint to the service in which she stated that the video had cost her big embarrassment and asked that an investigation be opened into that audio/video and the materials associated with it, the infographics and all the materials that were in circulation at the moment. She asked that a detailed investigation be opened in that regard with a view to identifying the persons or groups of persons that may have been behind the circulation of such defamatory materials.
“The service went into investigation and we can announce that it had apprehended the person that is involved and the person who started this and who circulated the materials. His name is Kabiru Mohammed. He hails from Kano. He is 32 years. He holds a diploma in Hausa and Fulfulde from the federal college of education, Kano and also holds a diploma in mass communication from Aminu Kano Islamic school, according to him.
Afunanya warned members of the public to avoid circulating misleading information, highlighting the negative effects of fake news.
“We want to use this opportunity to once again please ask Nigerians as always that the spread of false news through social media does not do well for any person. You may enjoy the spread of such falsehood when you are not the victim. But if you become the victim, you will know the pain. And we want to urge every citizen and residents and of course Nigerians, that anywhere they are, they should desist from spreading falsehoods, misrepresentations, rumours against one another, against then government, and against institutions of government,” he said.
“By the time you click that button and you spread or participate in sharing news that is not true, you are helping in causing disharmony, you are helping in bringing problem in the country. And you are also feeding on differences in the country to bring about chaos, anarchy and instability. On our part we would continue to perform our duties and responsibilities without let or fear and will always collaborate with all stakeholders particularly the media and strategic partners to make sure there is lasting peace in the country.”

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Christ Embassy Church probe in UK: The Full report | P.M. News

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Pastor Chris Oyakhilome: heads the Christ Embassy Church in UK

Christ Embassy Church, owned by Pastor Chris Oyakhilome and registered in the UK in 1996 as a charity came under probe of the Charity Commission in 2013, following complaints about the use of charitable funds on large connected party payments.

Truly, investigators discovered numerous failings in its management. They established that a number of informal grants and payments were made, including over £1.2 million* to a broadcasting company, Loveworld Television Ministry, which was wholly owned by a trustee of the charity.

Also, for six years the charity had allowed Loveworld free use of a £1.8 million property it had purchased, and was subsidising a proportion of the company’s utility bills. The inquiry found a lack of formal contracts or appropriate record keeping, and a lack of evidence of proper decision-making or of conflicts of interest being appropriately managed.

Financial management at the charity was also found to be poor. The trustees claimed 9 bank accounts held funds belonging to Christ Embassy Nigeria, and that 3 UK properties belonged to Christ Embassy Nigeria, however the inquiry concluded that all of these in fact belonged to the charity.

Oyakhilome’s ex-wife Anita Ebodaghe: was on the charity board at the time

The inquiry considered that there was serious misconduct and/or mismanagement in the administration of the charity, and took action to remove two of the trustees of the charity, however the individuals resigned before the sanction was applied. The Commission has since been granted new powers to address this loophole, which it secured under the Charities (Protection and Social Investment) Act 2016.

As a result of the inquiry, a new board of trustees was set up to strengthen the administration and management of the charity.

Amy Spiller head of the investigation team spoke on how the investigation was able to dissect the complex web of entities connected with the Christ Embassy Church:

“This was a complex inquiry that unveiled numerous failings by those running Christ Embassy over a number of years, which exposed the charity to undue risk. I am pleased that these issues have been resolved and that the new board of trustees has shown a clear commitment to move the charity forward responsibly.

“Those running a charity should always be guided by their charitable purpose. Trustees have an important responsibility to ensure that they act in the best interests of their charity at all times, and take care to safeguard their charity’s assets. Our guidance around governance arrangements is there to help trustees ensure they do just that.

“Charities are trusted in a way that is unique, and people often put a lot of faith in religious charities. It is therefore vital that trustees, particularly those with a large following, do all that they can to inspire public trust”.

Christ Embassy operates over 90 churches in the UK, providing religious services to over 5000 people, and has a substantial international following.

Here is the full report released 14 November, 2019 as culled from www.gov.uk

The Charity
Christ Embassy (the charity) was registered on 19 November 1996. It is governed by a Declaration of Trust dated 23 October 1996.

The charity’s entry can be found on the register of charities.

Charity Structure
The charity was established in South London in 1996. The charity’s Headquarters is located at the Loveworld Conference Centre (commonly referred to as the “Christ Embassy International Office”), in Folkestone, Kent and is supported by three sub offices situated in Bermondsey, Croydon and Hendon. The sub-offices operate in excess of ninety churches throughout the country, providing religious services to in excess of five thousand beneficiaries.

The charity has a trading subsidiary company called Christ Embassy Limited (Company Registration No. 05862298) which became a subsidiary in 2012. The trading subsidiary shares the charity’s UK headquarter premises. The trading business involves the production, sale and distribution of religious books and media products.

The charity’s reported income in the year ending 31 December 2013 was £14,055,229 and its expenditure was £15,923,977.

Trustees
During the Commission’s engagement with the charity (since 2012) there have been numerous trustees in office. The table below only lists the trustees who were in office for a part of the inquiry.

Trustee From To
A (Reverend Christian Oyakhilome) 23 October 1996 17 May 2014
B (Reverend Anita Oyakhilome) 6 April 1999 2 June 2015
C (Pastor Obioma Chiemeka) 6 October 2009 13 October 2015
D (Pastor Nkemakonam Odiakah) 6 October 2009 15 February 2016
E (Pastor Ifeoma Onubogu) 6 October 2009 12 February 2016
F (Pastor Uche Onubogu) 17 May 2014 26 January 2015
G (Pastor Tony Obi) 17 May 2014 16 October 2015
H (Reverend Raymond Okocha) 17 May 2014 8 August 2017

Trustee A resided in Nigeria and was the founder and international leader of the charity. His wife, trustee B, resided in the UK and was leader of the UK based charity.

Trustees B, D and F were also paid employees of the charity during periods of their trusteeships, which was permitted by their governing document in particular circumstances.

Following the appointment of an Interim Manager and full governance review, a new board of trustees (the new board of trustees) was appointed on 12 April 2016 who are now responsible for the administration and management of the charity going forward. Significant progress has been made to address the governance and improve oversight and control by the new board of trustees.

Issues under Investigation

On 29 July 2013, the Commission opened a statutory inquiry (the Inquiry) into the charity under section 46 of the Charities Act 2011 (the Act).

The Inquiry closed with the publication of this report.

The scope of the Inquiry was to examine a number of issues including:

*the transactions between the charity and “partner organisations” that include grants made to a number of unidentified entities and Loveworld Television Ministry, Healing School, International School of Ministry, Christ Embassy France, Christ Embassy Canada, IPCC Conference and Rhapsody of Realities

*the administration, governance and management of the charity by the trustees with specific regard to connected party transactions in respect of payments to Loveworld Limited and the management of conflicts of interest

*the financial controls and management of the charity

*whether or not the trustees had complied with and fulfilled their duties and responsibilities as trustees under charity law

Findings
Transactions between the Charity & “partner organisations”
The Inquiry team examined the accounts of the charity, for the period 2009-2011 which showed that the charity had paid substantial grants to organisations classified as “partner organisations”.

During 2009-2011, the charity’s accounts show grants amounting to £1,281,666 were paid to Loveworld Television Ministry; £118,995 to Healing School, £186,616 to International School of Ministry, £10,000 to Christ Embassy Canada, £10,566 to Christ Embassy France, £37,216 to IPPC Conference and £77,266 to Rhapsody of Realities.

The trustees provided the Commission with a copy of their grant making policy, and admitted to the Inquiry that “Prior to the involvement of the Charity Commission the grant making practice consisted of a discussion by the Trustees at a Trustee meeting regarding who should receive grant”.

Following his appointment on 6 August 2014, the Interim Manager (the IM) examined the charity’s records and found no evidence of compliance with the Grant Making Policy. Documents examined, by the IM, demonstrated a lack of records and receipts to account for grants made and there appeared to be little consideration given to whether the receiving parties had expended grants appropriately and for intended purposes, as was required by the policy.

This demonstrates failure to comply with its grant making policy and inadequate recording of decision making by the trustees which is misconduct and/or mismanagement in the administration of the charity.

Administration, governance and management of Charity by trustees-specific regard to connected party transactions in respect of payment to Loveworld Limited (also known as Loveworld Television Ministry – registered number 4691981) and management of conflict of interest
The inquiry had serious concerns regarding the trustees’ decision making relating to the charity’s relationship with Loveworld Limited.

It was established that Trustee C, was the sole shareholder of Loveworld Limited since its incorporation in March 2003. Trustee C had also been trustee of the charity between October 2009 and October 2015. The primary objective of the Loveworld Limited was to advance Christian programming in the UK and to provide entertaining and educational programmes for the diverse demographics of the UK, which it did by carrying out both radio and television broadcasting services.

The trustees informed the Inquiry, payments made by the charity to Loveworld Limited were not grants/donations as indicated in their accounts but represented payments for broadcasting services provided by the company to the charity. On 28 March 2013, the trustees were asked to provide all documentation held by the charity or its trustees that recorded the decisions made in respect of the payments by the charity to Loveworld Limited. On 19 September 2013, the trustees provided only two sets of minutes of trustee meetings (minutes of trustees meeting dated 6 January and 6 April 2012) that appeared relevant to the issue. However, neither set of minutes included any decision or resolution to make payments to a company of which one trustee was sole shareholder.

The trustees did not have any formal contracts in place, or indeed rationale for using Loveworld Limited as opposed to any other broadcaster. Additionally the IM, during his inspection of books and records found no evidence to suggest that any of the trustees considered whether the costs charged by Loveworld Limited were better value than the costs charged by any other service provider. The trustees have failed to take, or have failed to record, any proper decisions as to why such payments are in the best interests of the Charity.

The IM confirmed that as early as 2009, the Audit Report highlighted to trustees that transactions with organisations and companies controlled by trustees were required to be disclosed in the financial statements as related party transactions. Auditors also recommended that trustees seek professional advice on whether these payments were permitted under their governing document, discuss and decide whether the payments were in the best interests of the charity and minute those discussions, ensuring that any conflicted parties withdraw from the meeting during discussions. The IM’s investigation into these matters found that this advice had not been followed and in particular there was no evidence that the trustees had sought legal advice.

The IM’s scrutiny of charity records and documents demonstrated that the trustees had failed to comply with the terms of the charity’s governing document and that they failed to comply with the requirements of section 185 of the Act in paying for services by a company owned by a trustee.

Additionally, the Inquiry identified that the charity had purchased a property in March 2006, costing £1.8 million and allowed Loveworld Limited free use of the property from 2006 until September 2012. The trustees informed the Inquiry that Loveworld Limited had only occupied a “small part of the premises”, on an informal basis, with the charity using the premises themselves until February 2014. They informed the Inquiry that the arrangement had been formalised since 2012 and the company was charged £75,000 per year for use of the property. The Inquiry considers that this level of rent indicates that Loveworld Limited occupied a substantial proportion of the building.

The trustees failed to demonstrate that rent for occupation of the premises was a properly assessed market rent which would cover the charity’s overheads. The trustees stated, that the yearly rental income covered all mortgage costs incurred by the charity, however later stated that the charity’s annual mortgage payment was higher than this.

It was unclear to the Inquiry how the permitted, free use of the premises to Loveworld Limited between 2006 -2012 was in the best interests of the charity and was properly authorised.

This indicates that the trustees failed to act in the charity’s best interests or with reasonable care and skill in terms of their decision-making and in the negotiation of the arrangements with Loveworld Limited and in not seeking appropriate advice regarding formalising occupation of premises by the company. In addition, the fact that the charity was also subsidising a proportion of the company’s utility bills indicates a lack of reasonable care and skill and a failure to use the charity’s resources responsibly. These actions were not in the charity’s best interest or in furtherance of its objects and were misconduct and/or mismanagement in the administration of the charity.

Ventaja Limited
An audit conducted by the IM on appointment also identified purchases in excess of £30,000 by the charity from Ventaja Limited – trustees’ reports and financial statements for year ending 31 December 2013: the charity declared £44,925 of purchases made from Ventaja Limited for decorating and the construction of a stage. The company was wholly owned by Trustee G. The payments were made while, Trustee G was church pastor and zonal pastor (prior to being appointed trustee in May 2014). His wife was also director of the company, church pastor and a salaried employee of the charity. The IM found evidence indicating that Trustee G had employed the services of Ventaja Limited to provide services to the charity but it was unclear from the charity’s records what considerations were made regarding potential conflicts of interest. It is unclear to the Commission that the decision making trustees, in position at the time payments were made, were acting only in the interests of the charity.

The trustees failed to provide any records to evidence that conflicts of interest had been identified or correctly managed prior to the opening of the Inquiry. Although the trustees provided the inquiry with a copy of their new “Conflicts of Interest Policy” in their 2013 response, they did not have any policy which covered the conflict which arose as a result of Trustee G, being a church pastor and trustee, authorising payments from his church to his company and therefore effectively paying his own company. The trustees failed to demonstrate that they had recognised or properly managed conflicts of interest. Consequently the Inquiry found this was misconduct and mismanagement in the administration of the charity.

Financial control & management of the Charity
When interviewed by the Inquiry in October 2013, the trustees explained the structure and administration of the charity to the Commission. The structure involved Chapters (also known as churches) within the charity which were spread across the UK with the use of over 100 premises. The IM found that cash collection and payment recording processes were not uniform across the charity, with a number of basic key controls (for example timely bank reconciliations or maintenance of the SAGE records ) found to be lacking.

Bank Accounts/Assets
The inquiry identified nine active bank accounts that the trustees identified as holding funds belonging to Christ Embassy Nigeria (Christ Embassy Nigeria is a separate company to the charity). The inquiry found no evidence to suggest that any of the banking institutions were aware that they were holding funds controlled by Christ Embassy Nigeria. In addition, the accounts were not named in such a way as would indicate the funds are controlled from Nigeria: for example, two of the active accounts are named Christ Embassy East London.

The inquiry, not being satisfied that the funds held in these accounts were owned by Christ Embassy Nigeria, exercised legal powers and issued orders dated 8 august 2014, under section 76(3)(d) of the Act, freezing six of these nine bank accounts, protecting funds to a value of £615,420.

In the absence of clear evidence to support the trustees’ position, the Inquiry concluded that funds held in the accounts belonged to the charity and these accounts remained frozen until the order was revoked on 24 August 2016. The Inquiry being satisfied that the new board of trustees had assumed control of the charity’s property discharged the freezing order on 24 August 2016.

This demonstrates the trustees’ failure to deal with the bank accounts appropriately and their lack of understanding of financial management and the importance of clearly identifying the charity’s property and/or assets held on behalf of another entity and is mismanagement and/or misconduct in the administration and governance of the charity by the trustees.

Tax related issues
The IM informed the Inquiry that the trustees’ failed to submit the charity’s 2010-11 and 2012-13 Self-Assessment Tax returns on time to HMRC thereby incurring penalties for late submissions. In addition, the IM found that the trustees had failed to comply with information Notices issued by HMRC thus incurring further penalties.

The trustees’ non-compliance and failure to submit the charity’s Self-Assessment forms within statutory deadlines resulted in scrutiny by HMRC creating a risk to the charity’s assets in regard to financial penalties incurred and is further evidence of trustees failing in their duty to protect and manage resources responsibly.

Gift Aid is available on donations made by UK tax payers such that the charity can reclaim the tax already paid on the donation by the donor. This means the charity can receive an extra 25p for every £1 donated. It is the trustees’ responsibility to ensure that the charity has effective systems and internal controls in place to ensure complete and accurate returns are made, reducing the risk of amounts being reclaimed by HMRC and ensuring that the charity receives the Gift Aid promptly and with confidence.

The IM established that the charity had failed to maintain:

*sufficient records or processes to show that expenditure by employees had not been an employee benefit and therefore subject to tax
*sufficient records to show that charity vehicles were being used solely for charitable purposes and not used by trustees/employees for private use
*sufficient records to support the charity’s claim to Gift Aid and to demonstrate the expenditure was in fact charitable

The IM dealt with these inquiries and agreed a settlement with HMRC. During discussions with HMRC, the IM made payments on account of £250,000 in order to minimise interest/penalty charges.

The IM informed the Inquiry, in excess of £1.4m of expenditure was disallowed by HMRC and became subject to tax.

The IM reached final settlement over these matters prior to his discharge.

The trustees’ failure to maintain sufficient records and processes to account for expenditure resulted in scrutiny by HMRC creating a risk of criminal proceedings and loss to the charity’s assets in regard to tax liabilities and is further evidence of trustees failing in their duty to protect and manage resources responsibly.


Whether complied and fulfilled duties and responsibilities as trustees under charity law

The Inquiry found a number of breaches of their legal duties by the trustees as evidenced in the previous sections of this report. Additionally the Inquiry found evidence that the trustees exposed the charity, its assets and/or its beneficiaries to harm or undue risk for example:

Property Related matters
The charity is unincorporated, and as such does not have legal personality and cannot hold property in its own name. Instead property must be held on behalf of the charity by nominated individuals (known as holding trustees, and often in practice one or more of the charity’s trustees). From time to time these individuals will change for example due to retirement or death, and the legal ownership of the property will need to be transferred to the new trustees to ensure that the Land Registry records are accurate.

The charity’s main asset other than cash was its ownership of a number of properties. The Inquiry identified 3 UK properties that were not disclosed to the Commission in the trustees’ first responses or during the October 2013 meeting. The trustees asserted that despite the legal title of the properties being vested in the name of two of the charity’s trustees, the properties “were acquired on behalf of, and held in trust for, Christ Embassy Nigeria”.

The Inquiry noted that the Land Registry entries in respect of the 3 properties made no reference to the beneficial owner being Christ Embassy Nigeria and documentation supplied by the trustees provided no evidence to support their assertions. None of the Land Registry proprietorship registers differed in any material way from those of the properties originally disclosed to the Commission as belonging to the charity. These matters were explored further by the IM. His investigations confirmed that the properties were held legally and beneficially by the charity and that there was no trust in place suggesting they were held on behalf Christ Embassy Nigeria.

The Inquiry obtained evidence that the trustees’ failed to ensure land registry details for charity properties were amended once trustees resigned. This was raised a number of times by Auditors in their reports from 2009 onwards and as a result the trustees failed in their duties and responsibilities as trustees to act in the charity’s best interests.

Insurance
The Inquiry found that the trustees failed to secure adequate insurance to protect charity assets and protect against claims for accidental damage to property/or compensation for accidental injury to third parties. The IM was made aware of an outstanding claim in February 2015, brought by a member of the congregation who was injured at a charity premises in 2012. The IM sought to identify whether any relevant insurant was in place. The trustees confirmed that there was no relevant insurance cover and following legal advice obtained by the IM, he settled the claim, in order to avoid lengthy and costly litigation.

The failings of trustees to act appropriately left the charity open to financial and reputational risk and losses, as well as to risk of litigation.

Planning & Building
The trustees failed to ensure that a property purchased by the charity had the necessary planning permission for use as a place of worship – D1 use as Non-Residential institutions, which include a place of worship and church hall. The previous owner had applied for permission to use the property as a place of worship, in 2003 but the planning application had been refused by the local authority. The charity appealed the decision unsuccessfully. Enforcement action was commenced by Southwark Council (18 April 2011). This was also unsuccessfully appealed by the charity. The continued unauthorised use of the premises as a place of worship by the charity, exposed it to enforcement action by the Council. The IM team liaised with the Council to permit a planned exit from the premised which was vacated in January 2015.

The existence of the enforcement notice is a criminal matter. Any breach of the enforcement notice and continued unauthorised use of the premises as a place of worship exposed the charity to prosecution by Southwark Council. Legal advice obtained by the IM confirmed that the breach could have led to criminal sanctions being imposed against the charity and potentially exposed the charity to confiscation proceedings under the Proceeds of Crime Act.

This demonstrates the trustees’ lack of understanding regarding planning law and regulations which exposed the charity to substantial financial risk as well as legal costs.

Conclusions
The Inquiry concluded that there was serious misconduct and/or mismanagement in the charity’s administration. The former trustees, at the relevant times had not complied with or fulfilled their duties as trustees under charity law. They failed to:

*exercise reasonable care and skill in the execution of their roles and as a result exposed the charity to risk and financial loss
*ensure sufficient financial controls and procedures to protect the charity’s property file their annual accounting information, in accordance with their statutory obligations, on time
*ensure that conflicts of interest were effectively managed comply with the terms of the charity’s governing document in relation to remuneration of trustees
*obtain professional advice during their decision making process and to properly record their decision-making
*comply with planning law and regulations and adhere to enforcement notices, causing the charity substantial financial loss
*address the need for Health & Safety compliance and the lack of adequate property insurance exposed the charity to considerable losses which could have been avoided or minimized with proper management and prompt action

In light of the findings and evidence of misconduct and/or mismanagement, the Inquiry exercised its legal powers under section 79(2)(a) of the Act to remove two of the trustees of the charity.

However the trustees subject to regulatory action resigned prior to the Commission being able to complete the process. Section 79(5) and 82 of The Charities (Protection and Social Investment ) Act 2016 has closed this loophole, thereby allowing the Commission to proceed to remove a charity trustee who has resigned following the Commission having given notice to the charity trustees of its intention to make a removal order. The law has since been amended so that resignations following the Commission issuing a notice of intention to remove a trustee would not prohibit the trustee’s removal and consequent disqualification from action as a trustee in the future.

Regulatory Action Taken
During the course of the Inquiry the Commission exercised its legal powers (Sections 47, 52 and 54 Charities Act 2011), provided by the Act, to issue various orders and directions for the purposes of information gathering from local authorities, private individuals and companies, including financial institutions.

The Inquiry directed trustees to a meeting on 18 October 2013 to discuss regulatory concerns and seek further explanation from the trustees. The charity’s books and records were also inspected on 13/14 November 2013.

The Inquiry, being satisfied in accordance with section 76(1) of the Act, that there had been misconduct and / or mismanagement in the administration of the charity and that it was necessary or desirable to act for the protection of the property of the charity, used a number of regulatory powers, under the following sections of the Act:

*section 76(3)(d) orders (8 August 2014), directing the banks not to part with the charity’s property without the Commission’s prior written consent, protecting £615,420 of the charity’s funds

*section 76(3)(g) appointing an Interim Manager on 6 August 2014 (appointment to take effect from 11 August 2014) and then under 337(6) varying the order (25 January 2016) to authorise the
*Interim Manager to appoint a new board of trustees
section 337(6) discharging (18 November 2014) the order not to part by further order, once the

*Interim Manager assumed control of the charity’s property

The former trustees exercised their right to appeal (8 August 2014) to the First-tier Tribunal, General Regulatory Chamber (Charity) against the order appointing the Interim Manager. The appeal was withdrawn on 20 January 2015 with the charity’s legal representatives, notifying the Commission that the trustees were “now willing to accept that the statutory threshold under section 76 of the Act was met in the present case”.

Appointment of an interim manager
The Inquiry appointed an interim manager, Rod Weston of Mazars LLP, (the IM) on 6 August 2014 under section 76(3)(g) of the Act to take over the management and administration of the charity to the exclusion of trustees. The trustees were not excluded from performing the religious and/or spiritual functions connected with their roles as Pastors within the charity.

The scope of the IM’s appointment included:

*taking control of the management and administration of the charity to the exclusion of trustees and taking steps to secure and protect charity property

*reviewing the governance and administration of the charity and taking remedial action in the best interests of the charity

*reviewing the charity’s financial controls, systems and reporting procedures, safeguarding funds and ensuring proper expenditure controls and governance
consider whether any of the decision making trustees were personally liable for any breach of duty/loss of the charity, taking remedial action to regularise any breaches of duty in the best interest of the charity

The costs of the IM’s appointment, including legal advice and fees that would have been necessary and incurred by any trustee, amounted to £1,244,983.50 excluding VAT. The costs of the IM’s appointment were met out of the charity’s funds and are itemised as follows:

*fees directly related to work as IM – £390,358.40
*professional fees – £854,625.10 (relating to work conducted by 3rd parties on behalf of the IM)
*In addition £208,000 of work was undertaken by the IM on a pro bono basis.

As part of his appointment, the IM completed a full governance and infrastructure review of the charity and its activities. His initial findings, on 9 October 2014, corroborated the Commission’s regulatory concerns relating to the charity, reporting that “the board of trustees appears to be fragmented” and “appear to have little appreciation of their roles, duties and obligations as Trustees”. He identified a number of Health and Safety risks and concerns as well as legal issues relating to property matters which had failed to be dealt with by the trustees and which posed financial risks to the charity. The IM’s investigations found failings in the charity’s governance, leadership and management structures and personnel, including identifying that the charity had insufficient financial controls and procedures.

Remedial actions were taken to regularise the charity’s governance to ensure it was fit for purpose. This encompassed the following:

*establishing a central record of all properties leased and/or rented by the charity to ensure that the terms of leases were being met appropriately and suitable exit plans were in place where leases were due to expire
*establishing an accurate record of assets (ownership of a number of properties, motor vehicles and a range of fixed assets ) owned by the charity, gaining control of the charity’s property portfolio and cash reserves – the IM reduced the number of bank accounts in operation from approximately 40 to 8 and in September 2015 took control of just under £12,000,000

*introduction and implementation of financial controls, systems and reporting procedures, regularising the management of income and expenditure

*Health and Safety audits and fire risk assessments were carried out; training provided to staff and implementation of suitable Health & Safety policies and procedures
extensive liaison with HMRC resulting in settlement of the charity’s tax liabilities
recruitment of new board of trustees

*induction and training of new trustees

Restitution
On 18 November 2015, the IM considered professional advice and the particular circumstances of this case and decided that restitution (by way of civil claims against former trustees for breaches of duties and losses to the charity was not in the best interests of the charity.

Following the appointment of a new Board of Trustees on 12 April 2016, significant progress has been made to address the governance and improve oversight and control by the new trustees, as a result of which the IM was discharged on 12 April 2016.

Issues for the wider sector
Financial Controls & Accounting Records
Proper financial controls are a necessary feature of any well-run organisation. Because of the special characteristics of the charitable sector, they play an essential part in helping to show potential donors and beneficiaries that a charity’s property is safeguarded, and that its management is efficient.

Trustees are equally responsible for the overall management and administration of the charity. Every charity’s accounting records must be sufficient to show and explain its transactions and disclose with reasonable accuracy its financial position. Trustees should ensure that financial controls are not only adequate but provide sufficient information to satisfy the trustees that the controls are being observed. If, due to the nature of the charity, its work, location and /or set up the trustees delegate supervision of financial arrangements to one or a small number of trustees or employees, they need to ensure that there are arrangements in place for proper reporting back to the whole trustee body. In this way, system failures or issues can be identified at an early stage.

Therefore, in order to show that they are complying with their legal duties, trustees must keep records and an adequate audit trail to show that the Charity’s money has been properly spent on furthering the Charity’s purposes for the benefit of the public.

Conflicts of Interest Policy
Charity trustees should ensure that they have a conflicts of interest policy in place to ensure that they are fully aware of their responsibilities and that any conflicts that do arise are appropriately managed.

Where a charity trustee has a conflict of interest they should follow the basic checklist set out in the Commission publication Conflicts of interest: a guide for charity trustees (CC29) and where necessary or appropriate take professional advice.

The law states that trustees cannot receive any benefit from their charity in return for any service they provide to it or enter into any self-dealing transactions unless they have the legal authority to do so. This may come from the charity’s governing document or, if there is no such provision in the governing document, the Commission or the Courts. Further information is available from Trustee expenses and payments (CC11).

Charity Property
Charity trustees have a general duty to manage their charity’s resources responsibly, reasonably and honestly. This means not exposing their charity’s assets, beneficiaries or reputation to undue risk. It is about exercising sound judgement and then taking decisions that a reasonable body of trustees would do.

Trustees must put appropriate policies, procedures and safeguards in place and take all reasonable steps to ensure that these are followed.

If a charity owns land or buildings, trustees need to know on a continuing basis what condition it is in, that it is being properly used, and that adequate insurance is in place. The essential trustee: what you need to know, what you need to do (CC3) makes clear that decisions about charity land and property are important. If the charity owns or rents land or buildings, the trustees need to:

*make sure the property is recorded as belonging to the charity
know on what terms it is held
*ensure it is properly maintained and being correctly used
*make sure the charity has sufficient insurance

A charity’s governing document or the general law can provide a ‘power to insure’. If the governing document imposes a positive duty to insure, if trustees then fail to insure property, this will be a breach of trust. More details are available in the Commission’s guidance Charities and insurance (CC49).

Trustee Decision Making
Charity trustees are responsible for governing their charity and making decisions about how it should be run. Making decisions is one of the most important parts of the trustees’ role. Trustees can be confident about decision making if they understand their role and responsibilities, know how to make decisions effectively, are ready to be accountable to people with an interest in their charity, and follow the 7 principles that the courts have developed for reviewing decisions made by trustees. Trustees must:

*act within their powers
*act in good faith and only in the interests of the charity
*make sure they are sufficiently informed
*take account of all relevant factors
*ignore any irrelevant factors
*manage conflicts of interest
*make decisions that are within the range of decisions that a reasonable trustee body could make

It is important that charity trustees apply these 7 principles when making significant or strategic decisions, such as those affecting the charity’s beneficiaries, assets or future direction.

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Eyes Wide Shut review – chilling secrecy, quaintly soft-porn sex | Film | The Guardian

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Eyes Wide Shut, now on rerelease, is fascinating, flawed late Stanley Kubrick, his final film before his death in 1999 at the age of 70. It was adapted from Arthur Schnitzler’s Traumnovelle, or Dream Story, published in 1926 and originally set in Vienna. The film is a tale of sexual obsession among modern-day Manhattan’s wealthy and powerful classes and I originally valued it for its satirical potency, formal control and dreamlike self-possession, all of which are bound up in a certain kind of deadpan absurdity and soft-porn seriousness.

Tom Cruise plays Bill Harford, a well-off New York doctor with a fashionable clientele and a magnificent apartment in Central Park West, happily married to beautiful Alice (Nicole Kidman) a former art gallery director, now a stay-at-home mum to their young daughter. (In the book, they are Jewish, an important part of the doctor’s alienation. Not here.) Unsettled by each other’s flirtatious behaviour at a swell party given by a wealthy patient, Victor Ziegler (Sydney Pollack), and by a consumption of champagne and weed, they later have a furious row in which Alice defiantly confesses her lustful thoughts for a certain other man in her past, and Bill then finds himself on a nighttime odyssey, searching for extramarital adventure and gatecrashing a sinister masked orgy, to which he gains admittance by murmuring the (ironic) password “Fidelio”.




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This revival comes with a brief documentary short about the film, Never Just a Dream, with interviewees including his longtime collaborator, executive producer and brother-in-law Jan Harlan — but not his widow Christiane, and not his most important collaborator, screenwriter Frederic Raphael. It might be time to reissue Raphael’s 1999 memoir of working with Kubrick, Eyes Wide Open, in which Raphael amusingly hints that the tense mood of Cruise’s cab ride out to the creepy orgy mansion was inspired by his own minicab journeys from St Albans railway station to the famed seclusion of Kubrick’s Hertfordshire country home for script discussions.

The title, Eyes Wide Shut, was Kubrick’s, and in my original piece, I wondered whether it related to the idea of imaginary sexual transgression being as potent as real, waking transgressions. In dreams you see and know things clearly, with your eyes wide shut. It’s only now that I can see another comparison that was always under my nose: Malcolm McDowell’s eyes being clipped wide open in A Clockwork Orange, being forced to watch something horrible. There are other visual echoes, such as the eerie emptiness of the elevator lobbies like those in The Shining – which are part of the film’s artificiality and theatricality, mocked a little by the film’s denigrators at the time, but a part of the hallucinatory effect. Then there is the party scene at the beginning, like something from The Shining, where Alice meets her predatory Hungarian suitor (Sky du Mont) who could almost be a ghost. Kubrick’s use of Stravinsky’s Waltz from his Jazz Suite shows his sweet tooth for mainstream classical-music themes, and his predilection for softcore female nudity is a characteristic thought a bit dated in 1999.

Perhaps what we felt was contrived was that orgy scene, although it is disquieting and strange in the Hammer-horror way that originally impressed me. But by 1999, Bret Easton Ellis’s American Psycho had upped the ante on these ideas of Manhattan super-wealth and depravity, and in comparison, Eyes Wide Shut seemed a tad quaint. Yet now, in the age of Epstein, we can see that it was not so far-fetched to imagine elaborate clubs in which the rich and powerful can disport themselves and exploit the vulnerable. What comes across even more strongly about Eyes Wide Shut now is its chilling emphasis on ruling-class secrecy. This film inspired Jonathan Glazer’s Birth (2004), itself underappreciated at the time.

Cruise and Kidman heartfelt and fervent performances (although the flickering black-and-white moments showing her imagined sexual indulgence don’t work). There are tears, and Cruise in particular lays himself open in that fiercely committed way that he tries everything as an actor. Did their actual marital disputes resemble what happen in this film? Maybe. They were divorced two years after this came out, with much gossip about whether the film had accentuated their discontents. Pollack’s performance as Ziegler is thrillingly cynical and disillusioned.

Eyes Wide Shut is released in the UK on 29 November.

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Boy, 3, plunges to death from London flat in second fatal tower block fall in 24 hours

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A THREE-year-old boy plunged to his death in the second fatal fall from a London tower block in 24 hours.

Little Edward Popadiuc died in hospital two hours after falling from a fourth-floor flat in Bridge Court, Harrow, on Friday.

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Little Edward Popadiuc died in hospital two hours after falling from a fourth-floor
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Dad Alexandru said: ‘I don’t want to cry any more, I do it all day and all night. He is our angel now’
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Little Edward Popadiuc died in hospital two hours after falling from a fourth-floor flat in Bridge Court, Harrow
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Dad Alexandru said today: “I don’t want to cry any more, I do it all day and all night. He is our angel now.”

The fall came just hours after a toddler died after falling through a ninth floor window with a faulty handle his mum had urged the council to fix for two months.

Witnesses told how the distraught mother was left in “stone cold shock” after her 18-month-old boy – named locally as Ali – plummeted from his family home onto a first floor canopy at 19-floor council block in Tottenham, north London, on Thursday.

The toddler is believed to have fallen from Stellar House after a window baby lock stopped working while his mum was in the kitchen.

The boy, whose parents are said to be Kurdish, was pronounced dead in hospital about 11.30am on Thursday morning.

Shocked neighbour Meral Dervish, 51, said the baby’s 27-year-old mum-of-two Duygu called her in tears after the fall.

She said last week: “He opened a window, he fell down. The window, it was faulty.

‘FAULTY WINDOW’

“For nearly two months she was calling the council just to come to fix it.

“The handle was not secure. They were coming to fix it, but then this happened. She was crying, she was shocked yesterday. She was complaining about this.”

Meral added: “He was a very nice boy. The mum was looking after the kids brilliantly, she was caring for her children.”

Ali lived with his five-year-old sister, his mother and father, Gukhan.

The family had been at the flat for around four years, it was said locally.

A man he believed to be Ali’s grandfather was seen crying at the scene, one person said.

Danny Hunt, 31, who also lives on the ninth floor, told The Sun Online: “I heard the shouting, the girl was screaming, I didn’t know what she was saying. She was panicking.

“I looked out of a neighbour’s window and saw the baby lying in the canopy, just lying there.

The window lock wasn’t working so the baby woke up, reached out for the window and just fell out from there.


Family friend

“He had blood on him. He wasn’t moving at all. He was lying on his side or on his back. He had blood from his neck, it was quite a lot.
“His mother was in shock. There were two other grown people there too, the girl’s family.
“She couldn’t say what she wanted to say. She was stone cold shocked. Someone did call the ambulance so I went back inside.”

A 25-year-old local shop assistant said had heard the tragic news through her sister, who was friends with the family.

“The mum was cooking in the kitchen before she went to pick up her other child,” she told The Sun Online.

“The window lock wasn’t working so the baby woke up, reached out for the window and just fell out from there.

“I was upset when I heard but we were thinking about the mum.”

Paramedics were scrambled to the scene and an air ambulance was dispatched to the scene.

No arrests have been made.

Zina Etheridge, Haringey Council’s chief executive, said: “We are aware of a tragic incident of a young child falling from height in Tottenham, and our deepest sympathies are with the family at this time.

“The police are currently investigating and it would be inappropriate for us to comment further until more is known.”

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A police spokesman said: “Officers, the London Ambulance Service, London’s Air Ambulance and the London Fire Brigade attended and found the baby boy in a critical condition.

“The child, believed to be aged 18 months, was taken to a north London hospital where he was pronounced dead at 11.39am.”

Formal identification and a post-mortem examination will take place in due course, he said.

Ambulance Service
The boy is understood to have died after falling onto the first floor ledge, pictured
SWNS:South West News Service

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OML 25 OCCUPATION: ‘Some of us gave birth to babies here!’ – Vanguard News

person

…N-Deltans set new standard for prosecuting resource control

By Egufe Yafugborhi

For two years, resolute host communities to Oil Mining Lease (OML) 25 in Akuku Toru Local Government Area (LGA) of Rivers State  sacked on duty personnel, shut down operations and occupied key assets.acquisition

Mele Kyari, Group Managing Director (GMD), Nigerian National Petroleum Corporation (NNPC), lead stakeholder in the OML 25 Joint Venture (JV) with Shell Petroleum Development Company as Operator, lamented  that the shutdown resulted in consequential “loss of 25, 000 to 35, 000 barrels of oil per day (bpd);  in monetary terms, that is about $1.7billion.”

The  fulcrum of the assets occupation by Belema, Offoin-Ama and Ngeje host communities was that, for four decades, such humongous accrued income as Kyari declared lost to the JV partners in two-year of shutdown failed to provide schools, hospitals, potable water, capacity building or meaningful employment for the host communities.

Mrs. Ogbumate Opumabo, among the womenfolk who occupied the flow station, narrated: “Since good things don’t come easy, as living conditions in our community got more pathetic, we subjected ourselves to suffering, even set up church where we fasted and prayed to God everyday at the occupied facility. Some of us gave birth to babies here where we also had our pots, plates, mats, everything needed to aid our occupation. Our experience there is unexplainable, but God answered us in the end”

October 10, as the teeming community protesters eventually pulled out of OML 25 for its formal reopening, following, the  win-win resolution of the conflict among stakeholders, the original demand to evict Shell was not met as set, but the protesters won even a bigger prize, an awakening of a new narrative for prosecuting the struggle for gainful resource control in the Niger Delta.

Checkered  history of long suffering

According to the communities, their hardship was rather aggravated by avoidable oil pollutions that degraded their land and aquatic environment, jeopardising their livelihood which depends on fishing on the rivers and cropping on the soils. Their clear demand was, “Shell must go”, relinquish OML 25 to preferred competitor, Belemaoil Producing Limited (BPL), to farm the assets.

Publicity Secretary, Pan-Niger Delta Forum (PANDEF), Anabs Sara-Igbe, who hails from the OML 25 host communities, said, “We have been agitating for long. The flow station was shut down as far back as 2004. Government intervened and we let them re-open it. 2008, it was again shut, a Memorandum of Understanding (MoU) was signed, and we let them resume. In 2014, same thing happened, so in 2017, the communities said we have had enough.

“There was no time Shell provided us water. Infrastructure in our communities were poor. Government under military regime gave us water, but it was laden of iron, not healthy for consumption. Fetch it today, the following day the whole water will be coloured. So, we have not been using the water. In recent times, state government has not done anything for us.”

At the latest reopening of the assets, Sen Ita Enang, Presidential Adviser, Niger Delta, representing President Muhammadu Buhari, attested to the health dangers at ‘Opusuya”, the age-long pond water that sustains Belema people in the absence of functional modern taps from government and Shell, which was laden with crude oil when Enang scooped it with bare hands.

At the co-host communities of Offoin-Ama and Ngeye, the story of squalor, deprivations and neglect was pretty much same. At Offoin-Ama, the only educational institution present, a piteous makeshift basic school, made of wooden structure was said to be from communal effort. The European Union and Rivers State Government had erected in the village square, a water project five years back, but Amayanabo of Offoin-Ama, HRH King Sibia Sukubo Aaron, Kilima Diaba Offo XIII said, “It was never completed.”

King Sibia, in unison with his Belema counterpart, King Boudilion Ekine, Oko XXVIII, Amayanabo of Kula, alleged that SPDC had  always reneged on its agreements with the community.

However, the reality of pervasive emptiness and squalor in the community supported the perception of his Highness, Ibinabo Daniel Kiliya, Regent of Ngeje Community when he said, “Shell in 40 years never thought of tangible projects in the community.”

Belemaoil, Jack-Rick Jr as game changers

Before now, oil communities in the Niger Delta, even in the days of  the late Ken Saro-Wiwa, have hardly been taken serious by government and industry regulators in agitations for control of their oil and gas endowment chiefly because they prosecuted such struggles in the absence of adequate home capacity (technical or financial) to farm those oil fields on their own. The common approach was to call for eviction of one operating IOC whenever relationship are strained in the hope of patronizing another to take over.

The coming, into the oil and gas space, of Belemaoil changed that narrative. Founded by Jack-Rick Tein Jr, a son of the soil, who has felt the hardship among his Belema folks, Belemaoil wasted no time in building confidence among the host communities the moment it acquired 40% participating interest in neighboring OML-55 from Chevron Nigeria Limited in the Joint Venture (JV) with the NNPC.

Within a year of taking over OML 55 five years ago, the host communities in Kula claimed Belemaoil surpassed 40 years of both International Oil Companies (IOCs) Chevron and Shell interventions in their respective assets host communities through infrastructural transformation and human capital development among the people.

In  its  core business, Belemaoil also grew production from 7000bpd under Chevron to as much as 12000bpd, and  added to more than 70 MMscfd recoverable volume of gas, generating more revenue and sacrificing more funds to develop and carry the communities along in the process. The company through gainful engagement of community youths in facility surveillance has also eliminated rampant oil theft and vandalism on OML 55.

Today the company is reputed as the first upstream major to have began construction of its head office in its operating field while also constructing its own oil terminal, hitherto the exclusive preserve of the IOCs. So, beyond fraternal attachments, these attributes informed OML 25 host communities insistence on “Shell must go” for Belemaoil replicate the achievement in OML 55 in their communities.

A leader among the protesting youths, Iselema Ekini, said,

“We see how Belemaoil employed youths, built markets, clinics, in the places they operate, proving that an indigenous oil company would look after its host communities better. We therefore urged Shell not to seek renewal of OML-25 license, but allow Belemaoil to take over. All the IOCs have been doing is how to repatriate as much revenue to their home offices abroad while we suffer.

Win-win resolution of conflict

In the win win resolution of the OML 25 crisis, Shell, having renewed its ownership of the lease, wasn’t displaced, but Belemaoil with 7.7% stakes on that lease got the privilege of maintaining operations and earning the communities confidence to be the oil firm with right of first refusal to acquire Shell stakes at any point SPDC decides to divest her stakes.

Already Belemaoil has hit the ground running with the sustained commitment to make the difference, facilitating the groundbreaking for 1.5million liters potable water and 12Km treated water reticulation project for Oko-Ama and Belema by the Group Managing Director, Nigerian National Petroleum Corporation, NNPC, Mele Kyari. Kyari, represented by Group General Manager, National Petroleum Investments Management Services (NAPIMS), Musa Lawan who also hoisted the Nigerian Flag and those of key stakeholders at the OML 25 platform to signal its reopening.

HRM King Boudilion Ekiye Okor, Amayanabo of Belema, said in the occasion, “Today, I am the happiest man. Belemail, owned by our son is now in charge of maintaining operations. Now we know who to hold if we are disappointed. If he (Jack-Rich) fails us, we go to his mother and father’s house to complain, but he has given us so much confidence that we know he can’t fail.

Chief E K Clark, Leader of PANDEF which prominently provided motivation for shutdown of the OML25 thanked key stakeholders for the peaceful resolution. Clark represented by PANDEF’s Vice Chairman, Godknows Igali, particularly recognised the role of federal government, host communities, BelemaOil, NNPC and the Petroleum Ministry under Timipre Sylva.

“When the GMD NNPC, Kyari came 28 of last month, he promised to grant all your wishes. I am happy you are already attesting to some being meant already. PANDEF is grateful we are all winners. We have, by this struggle of the past two years, redefined the struggle for resource control”, Clark told the communities.

I am sorry, Buhari empathises with host communities

President Mohammadu Buhari, represented by Sen Ita Enang, Special Adviser to the President on Niger Delta, tendered apology on behalf of the nation to the host communities over their long suffering in the midst of plenty all these years.

Buhari said at the formal reopening of OML 25 that, “We’ve been to the communities. I felt touched that they are asking for for a school, hospitals in 2019 after 40 years of oil and gas being taken from their soils. I scooped the water from pond which you people drink. It is smeared with oil.

“On behalf of the nation, I apologise to you. We will change for the better for you, for us all as a nation. We will not only build schools, hospitals for you, we will provide complete communities for you. Working with state government, Niger Delta Development Commission, Amnesty, Ministry of Niger Delta Affair, we will ask to know what they are doing.

“We are coming here at a very good time. Just two days ago, the President presented the draft 2020 budget to National Assembly (NASS). Now that I have seen what you go through, we are going to take this message to the NASS, to redirect the budget to know what they are providing for you.”

At the OML25 Platform and Flow station where hundreds of community protesters, mainly women formally vacated the flow station and other key assets they have occupied and shutdown since August 2017, Sen Enang expressed Buhari’s gratitude for their peaceful disposition while it lasted.

He also cautioned, “The whole struggle has come to conclusion. We thank you for your peaceful disposition through the struggle. We can now vacate peacefully and allow work to continue, as the issues are being addressed. You are aware that some immediate demands have already been met.”

Lifting up the hand of Jackrich Jr, Enang also told the host communities, “Every community who has sons as Jackrick who care this much for his people should take care of him and pray for him to remain safe, healthy and blessed to continue to move your communities forwards.”

Founder of Belemaoil, Mr Jack-Rich Tein Jr, hardly involved in comments and speeches over the unfolded drama has maintained that, “If you engage the community and make the people an important element of your business, the communities and you will have mutual values and mutual gains.

“If the communities are happy, your business can thrive, but if the communities are not happy, you have lots of operational bottlenecks, sabotage and all that. The most important thing for us today is to see that the resolution, reconciliation has taken place.”

Already, stakeholders in Ogoni, Rivers are canvassing the Belemaoil CSR model to agitate for who takeovers OML 11 that had abandoned for years over the conflict conflict which claimed the lives and Ken Saro-Wiwa and co agitators under Movement For Survival of Ogoni People. Governor Wike, though, had already announced Rivers Government acquisition of Shell’s stakes on that lease.

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Trump says he wants to meet whistleblower: ‘I deserve to meet my accuser’

acting Director

Washington (CNN)President Donald Trump on Sunday escalated his rebuke of the anonymous whistleblower at the center of the mounting Ukraine controversy after House Democrats launched an impeachment inquiry against him, asserting that he deserves to “meet my accuser.”

“His lies were made in perhaps the most blatant and sinister manner ever seen in the great Chamber. He wrote down and read terrible things, then said it was from the mouth of the President of the United States. I want Schiff questioned at the highest level for Fraud & Treason,” Trump said.
CBS
Lawyers for the whistleblower sent a letter to the acting Director of National Intelligence Joseph Maguire on Saturday outlining “serious” safety concerns for their client as Trump continues to take aim at the person.
    “The purpose of this letter is to formally notify you of serious concerns we have regarding our client’s personal safety,” the letter says, adding that recent comments by Trump are reason for “heightened” concern.
    “The events of the past week have heightened our concerns that our client’s identity will be disclosed publicly and that, as a result, our client will be put in harm’s way.”
    The letter also thanks Maguire’s office for “support thus far to activate appropriate resources to ensure their safety.” While the whistleblower’s attorneys wouldn’t elaborate on what those resources are, they strenuously denied their client is under federal protection as reported Sunday by CBS’ “60 Minutes.”
    Mark Zaid, one of the whistleblower’s lawyers, said in a statement given to CNN, “60 Minutes completely misinterpreted the contents of our letter.” He had was not available for comment about Trump’s Sunday tweets. The television program tweeted late Sunday that “60 Minutes stands by its sources and reporting on the whistleblower.”
    Trump’s tweets come days after the release of the whistleblower complaint that alleges Trump abused his official powers “to solicit interference” from Ukraine in the upcoming 2020 election, and that the White House took steps to cover it up. Trump has denied any wrongdoing. A rough transcript released by the White House shows Trump repeatedly pushed Ukrainian President Volodymyr Zelensky to investigate former Vice President Joe Biden, his potential 2020 political rival, and his son, Hunter Biden.
    There is no evidence of wrongdoing by Joe or Hunter Biden.
    Congress
    Even before the whistleblower complaint was made available to lawmakers, House Speaker Nancy Pelosi declared Trump had betrayed his oath of office and announced this past week she was opening a formal impeachment inquiry into the President.
    Trump on Sunday also echoed his previous attacks on the whistleblower and promised “Big Consequences” for anyone who assisted in providing the person information.
    Joseph Maguire
    “I want to meet not only my accuser, who presented SECOND & THIRD HAND INFORMATION, but also the person who illegally gave this information, which was largely incorrect, to the ‘Whistleblower,'” he said. “Was this person SPYING on the U.S. President? Big Consequences!”
    Trump said last week that whoever provided the whistleblower with information about his call with Zelensky is “close to a spy,” and said that in the old days spies were dealt with differently. The comment prompted three House chairmen — including Schiff — to call on the President to stop attacking the whistleblower.
    spy
      “The President’s comments today constitute reprehensible witness intimidation and an attempt to obstruct Congress’ impeachment inquiry. We condemn the President’s attacks, and we invite our Republican counterparts to do the same because Congress must do all it can to protect this whistleblower, and all whistleblowers,” they said. “Threats of violence from the leader of our country have a chilling effect on the entire whistleblower process, with grave consequences for our democracy and national security.”
      This story has been updated.

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