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In the end, that proposal was shelved but the plan to strip dual nationals of their Australian citizenship was approved - albeit with some safeguards.
TONY ABBOTT: I want to stress that we will be ensuring that, as far as we can humanly make it, no-one becomes stateless and any decision by the Minister to strip someone of their citizenship, to strip a dual national of Australian citizenship, will be subject to judicial review.
STEVE CANNANE: To discuss the implications of these proposed laws I'm joined in our Melbourne studio by barrister Bret Walker SC. He's the former independent monitor of national security legislation.
Bret Walker, welcome back to Lateline.
BRET WALKER SC, FMR NATIONAL SECURITY MONITOR: Good evening.
STEVE CANNANE: What's your reaction to the announcement today that the Immigration Minister could soon have the power to cancel the citizenship of a dual national, even if that person has no conviction for terrorism?
BRET WALKER: Well, not surprisingly, the devil is in the detail. Most people, I think, would prefer to see conviction as the precondition for such a drastic severance of the relationship between a person and this country.
Now, this country will often be the territory in which all that person's main connections, personal connections are held. So we're talking about a very profound alteration in the relationship between a person and Australia.
If you're not going to have conviction, which other laws in relation to citizenship use as the trigger for revocation, then you'd better have judicial review that permits a judge on evidence to determine whether there has been involvement in terrorism. That was the PM's phrase: "involvement in terrorism".
You'd better have a judge deciding that and not just a ministerial opinion, based upon unexaminable secret intelligence.
STEVE CANNANE: All right. We'll come to judicial review in a moment. But is a conviction always possible? The Minister, Peter Dutton, made the point today that if someone is off fighting in Syria it's very difficult to gather sufficient evidence to satisfy an Australian court beyond reasonable doubt. Does he have a fair point there?
BRET WALKER: No. This is a very bad point. Ministers should be discouraged from thinking that they are in a position to provide something as good or better than a conviction on the basis of unexaminable intelligence.
Call me old-fashioned. If you're going to accuse somebody of the kind of horrendous murder, or conspiracy to murder, that is involved in the kind of terrorism offences that we're all concerned about, then I'd like to see something in the nature of a criminal trial.
That is not conducted by a minister leafing through a manila folder with intelligence that will never be presented in a court of law to be tested. It is very, very retrograde for a minister to think that he or she is in any position to emulate a court of law.
STEVE CANNANE: Well, the Prime Minister did confirm today that there is an avenue for judicial appeal against any decision to strip citizenship if this law does pass and that would apparently start in the Administrative Appeals Tribunal. Is that a good enough check and balance?
BRET WALKER: No, almost certainly not. However, I've got to say: I entirely welcome the comprehensive terms in which the Prime Minster talked about the adequacy of judicial review to the utmost extent possible. That's a very good approach by the Prime Minister, to be applauded.
It will involve, of course, the idea of involvement in terrorism being a fact to be found ultimately by a court. Now, that's why I started by saying, "The devil's in the detail." Let's see whether the law actually sets that up.
What I don't want is this to be done in an administrative tribunal - the AAT - where there are only then reviews on matters of law to the judiciary. The judiciary is the place where, preferably with a jury for a conviction, the facts of terrorist involvement should be tested.
STEVE CANNANE: Now, presumably the Minister would be making any decisions based on intelligence. Now, would the alleged perpetrator be able to access that intelligence for the purpose of an appeal? Because that could, it not, breach national security and make it difficult for them to appeal that decision?
BRET WALKER: Well, that's precisely the problem. And this is a dilemma - a real wicked problem, as the language has it - that needs to be considered very carefully on both sides, that is: those for and against these laws.
I'm one of those who think that the importance of secrecy and the preservation of secret methods in the gathering and collation of intelligence is so important for national security that we must not do anything to endanger it.
On the other hand, as a practising lawyer and from my experience as monitor, I regard the notion that everyone charged or alleged to have done something terrible - leading to revocation of citizenship in this case - should have a reasonable opportunity to confront and rebut those charges.
This is a dilemma that will not be able to be solved by any of the laws with which I'm familiar, which presently exist in relation to the guarding of secret intelligence.
STEVE CANNANE: And we've seen a precedent with this already in recent years in Australia, haven't we, with asylum seekers who have been detained in detention because they haven't been given an ASIO clearance? And they haven't been able to access that intelligence to counter those arguments?
BRET WALKER: Yes. The same thing is also true with passport cancellations, which are a very important and informative area that we've already got experience in.
The fact is that there are terrible dilemmas for those who care about fair process and also care about secret intelligence - and I care about both. It's a terrible dilemma to pose this notion that we are going to actually have due process, judicial review of the cancellation of a citizenship - about as profound an alteration of a relationship as you can find between a person and a nation - on the basis of secret intelligence.
It's not something which I think should be lightly entered into. The devil is in the detail.
STEVE CANNANE: Well, what is your view on intelligence as evidence?
BRET WALKER: Well, some intelligence that I've seen - and I can't tell you about it - some intelligence I've seen is extremely good in evidentiary terms. Most intelligence doesn't pretend to be evidence; couldn't possibly attain the evidence and would often be, for example, multiple levels of hearsay. None the worse, sometimes, as intelligence, but absolutely unusable as evidence.
Now, as I say: I greatly value the intelligence, some of which - much of which - is public access but some of which is secret. And I greatly value the terrific work done by our agencies in terms of its collection and analysis.
But to compare that, even for a moment, with what happens in a court setting about to find facts, either before a jury for conviction or before a judge to ascertain whether somebody has committed a terrorist offence: it's absurd. They are chalk and cheese.
STEVE CANNANE: You have previously recommended that the Government consider stripping citizenship under certain circumstances. You obviously think that some incarnation of this policy is worth looking at?
BRET WALKER: I think this is a very good idea for the Government to be looking at this matter.
But I stress: there are good ways of doing it and bad ways of doing it. And what we are talking about doing in this area is so dangerously liable to arouse resentment of a kind which could add to what's called "radicalisation" - ridiculous word for people determining to become wicked and do wicked things - that is so dangerous that we really should take great care to do this properly.
Now, one way to do it properly is to ensure that before you treat people so drastically, so seriously, as to strip them of their citizenship, that in my view we should have something which is the functional equivalent of a conviction - preferably a conviction.
STEVE CANNANE: What did you make of reports today that the Prime Minister and the Immigration Minister wanted to go even further and have the powers to strip citizenship from Australians who don't have dual citizenship?
BRET WALKER: Well, I think that that is really quite alarming. Now, it's not quite as bad as you've made it sound. That's not my criticism of your paraphrase; it's a fair - your paraphrase is a fair representation of the reports.
But as I understand, it the United Kingdom analogue to which they're referring is this notion that you can treat somebody as not about to become stateless if they've got the right, not yet exercised, to get citizenship somewhere else.
Practically speaking, of course, one would want to inquire: what kind of right is this, whereby I could insist on becoming, say, the citizen of Russia, notwithstanding that Australia has just very formally said that I should not be an Australian citizen anymore because I'm a terrorist?
I don't know whether, for example, there's any country - Russia or any other country - that will give me citizenship simply because I, say, have a birthright, even after I have been denounced as a terrorist elsewhere.
So there are practical problems about this and I think the Foreign Minister may well have, according to the reports of leaks from Cabinet, raised that very problem.
STEVE CANNANE: Bret Walker, we'll have to leave it there. Thanks very much for joining us.
In its first episode following star Andrew Lincoln’s departure, “The Walking Dead” mostly held onto its ratings week-to-week. The AMC series led the Sunday cable ratings yet again, and scored a 2.0 in adults 18-49, down just a tenth from its previous 2.1. The “Walking Dead” post-show, “Talking Dead,” however, fell three-tenths from a 1.0 to a 0.7.
Bravo’s “Real Housewives of Atlanta” maintained its season premiere’s 0.7, and TLC’s “90 Day Fiance” held steady with another 0.6. BBC America’s “Doctor Who” was also even with a 0.2 for the second week in a row.
On HBO, both “Last Week Tonight” (0.2) and “Camping” (0.1) matched their previous episodes. The same could not be said for Starz’s “Outlander,” which fell a tenth from its season 4 premiere’s 0.2 to a 0.1 with 870,000 viewers.
Emily Ogata, 17, army crawls as she competes in a relay race during Camp Ember at West Metro Fire Rescue Training Center on June 8, 2017, in Lakewood. This is the first year for Camp Ember, an all-girls camp hosted by West Metro Fire Rescue, Arvada Fire Protection District and Red Rocks Community College which shows girls ages 16-18 what it takes to be a firefighter.
Alyssa Allen, 16, adjusts her helmet as she learns how to don her fire gear during Camp Ember at West Metro Fire Rescue Training Center on June 8, 2017, in Lakewood. This is the first year for Camp Ember, an all-girls camp hosted by West Metro Fire Rescue, Arvada Fire Protection District and Red Rocks Community College which shows girls ages 16-18 what it takes to be a firefighter.
A student crawls along the floor during a relay race during Camp Ember at West Metro Fire Rescue Training Center on June 8, 2017, in Lakewood. This is the first year for Camp Ember, an all-girls camp hosted by West Metro Fire Rescue, Arvada Fire Protection District and Red Rocks Community College which shows girls ages 16-18 what it takes to be a firefighter.
Paramedic lieutenant/Firefighter Heidi Simon, right, uses a stop watch to time students as they learn to don their fire gear during Camp Ember at West Metro Fire Rescue Training Center on June 8, 2017, in Lakewood. This is the first year for Camp Ember, an all-girls camp hosted by West Metro Fire Rescue, Arvada Fire Protection District and Red Rocks Community College which shows girls ages 16-18 what it takes to be a firefighter.
West Metro firefighter/paramedic Melissa Weiby demonstrates how to put on her gear during Camp Ember at West Metro Fire Rescue Training Center on June 8, 2017, in Lakewood. This is the first year for Camp Ember, an all-girls camp hosted by West Metro Fire Rescue, Arvada Fire Protection District and Red Rocks Community College which shows girls ages 16-18 what it takes to be a firefighter.
Alyssa Allen, 16, right, helps Emily Ogata, 17, adjust her head gear as they don their fire gears during Camp Ember at West Metro Fire Rescue Training Center on June 8, 2017, in Lakewood. This is the first year for Camp Ember, an all-girls camp hosted by West Metro Fire Rescue, Arvada Fire Protection District and Red Rocks Community College which shows girls ages 16-18 what it takes to be a firefighter.
Alyssa Allen's fire gear sits at her feet as she learns how to don her gear during Camp Ember at West Metro Fire Rescue Training Center on June 8, 2017, in Lakewood. This is the first year for Camp Ember, an all-girls camp hosted by West Metro Fire Rescue, Arvada Fire Protection District and Red Rocks Community College which shows girls ages 16-18 what it takes to be a firefighter.
Alyssa Allen, 16, dons her fire gear during Camp Ember at West Metro Fire Rescue Training Center on June 8, 2017, in Lakewood. This is the first year for Camp Ember, an all-girls camp hosted by West Metro Fire Rescue, Arvada Fire Protection District and Red Rocks Community College which shows girls ages 16-18 what it takes to be a firefighter.
Lauren Pollard, 16, laughs as she tries on a pair of fire gloves during Camp Ember at West Metro Fire Rescue Training Center on June 8, 2017, in Lakewood. This is the first year for Camp Ember, an all-girls camp hosted by West Metro Fire Rescue, Arvada Fire Protection District and Red Rocks Community College which shows girls ages 16-18 what it takes to be a firefighter.
A student sets down her jacket as she learns how to don her fire gear during Camp Ember at West Metro Fire Rescue Training Center on June 8, 2017, in Lakewood. This is the first year for Camp Ember, an all-girls camp hosted by West Metro Fire Rescue, Arvada Fire Protection District and Red Rocks Community College which shows girls ages 16-18 what it takes to be a firefighter.
As the 15 teenage girls at West Metro Fire Rescue’s training center performed bunker gear drills, some were faster than others getting into their gear, many fumbled while fastening their jackets and most laughed at themselves as they elbowed their way across the floor.
But the priority was not speed or seriousness, said Lt. Heidi Simon; it was teamwork.
Help your fellow firefighter if you see them struggling, raise your voice to communicate what you need and work efficiently, not quickly, she told them.
“Because when it comes down to the bottom line, we’re a team and we’re all here to save lives,” she said.
The girls in the exercise were in their first hours of Camp Ember, a new program aimed at introducing them to firefighting and building skills — confidence, leadership, strength, courage — essential for the job.
Throughout the four-day camp from June 8-11, the girls participated in training in fire hydrant operations, fire hose handling, CPR and first aid certification, search and rescue, climbing and aerial ladder usage and more.
Simon, a firefighter with Arvada Fire, is one of the handful of female career firefighters from around the Denver metro area who helped lead the camp hosted by West Metro Fire, Arvada Fire and Red Rocks Community College.
Nationally, 7.3 percent of firefighters in 2015 were women, according to the National Fire Protection Association.
At Red Rocks Community College, about five of the 50 to 70 recruits in the college’s fire academy are women, said Kelly Circle, dean of instruction for the emergency and public safety department at Red Rocks Community College.
“In our programs, we’re still working on it,” she said.
Circle helped get Camp Ember off the ground through the Carl D. Perkins Career and Technical Education grant, a federal grant that funds programs that help increase participation of underrepresented students in high-need programs. The grant will pay for two more years of the camp, she said.
Circle said she applied for the grant after watching a presentation by Rachel Kohler, a West Metro firefighter, on increasing the female firefighter population.
Kohler became a firefighter 16 years ago when she went to West Metro Fire Department to earn clinical hours for pre-med classes.
The goal of Camp Ember is teaching participants what it takes to be a firefighter, but just as important, showing them that there are women who make firefighting a career.
“Sometimes I think just seeing another woman and knowing another woman has done it before you makes all the difference in the world,” Kohler said.
In her experience, Kohler said, the standards for women in firefighting are no different than men. However, with physical differences and different perspectives, women may use a different technique.
The girls in the camp each applied for it by writing an essay about one of the principles the program focuses on: confidence, teamwork, leadership, service, strength and courage.
Some of them wanted to try something new, Kohler said, or, like Amber Branch, already know they are interested in firefighting.
Branch, 18, said she discovered her passion for firefighting after enrolling in a fire science class at Warren Tech on a whim two years ago. Now, she wants to pursue either firefighting or a career with the Air Force.
Branch has also spent a day shadowing at Evergreen Fire Rescue and that, along with her experience through Warren Tech, showed her why diversity is important in firefighting.
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MAYFIELD, KY (KFVS) - According to Graves County, Kentucky Chief Deputy Davant Ramage, four people are facing charges and one person has been caught after a home invasion on Thursday morning, November 7.
Derek Wilson was taken into custody by Graves County officials at 9 a.m. on Nov. 8 without incident. He was lodged in the Graves County Jail and charged with being a convicted felon in possession of a firearm, two counts of wanton endangerment, first degree and assault, fourth degree.
It happened on Ballard Road in Mayfield when a passerby heard a woman screaming and also heard gunshots.
A woman in the home, Heather Hughes, told a deputy that a group of people busted into her home and a fight began.
The gun allegedly used was seized by law enforcement.
After an interview, a deputy learned that Edward Ellegood, 43, Tammy Thweatt 45, and Daniel Moore 38, all of Mayfield, had been to the home earlier in the night and after an argument they were told to leave.
A short time later all three returned , Ellegood and Thweatt made got into home.
A resident of the home, Derek Wilson, 39, grabbed a shotgun and forced the pair outside and a fight began. During the fight, the homeowner fired a shot from a 12 gauge shotgun.
The fight ended after Wilson was knocked unconscious. Ellegood, Moore and Thweatt got in their vehicle.
As they were leaving Wilson had managed to get to his feet, get the gun and fired a number of shots at the vehicle, striking it twice near the passenger door causing major damage.
A detective and deputy were able to find Ellegood, Moore and Thweatt in the 1200 block of Prittchett Road.
Derek Wilson was injured according to a detective, and was on the run and with several charges pending.
Derek Wilson faces two counts of wanton endangerment 1st degree, possession of firearm by convicted felon, criminal mischief 1st degree, and assault 4th degree.
Heather Hughes was booked into the Graves County Jail. She was charged with tampering with physical evidence wanton endangerment 1st degree.
Edward Ellegood was booked into the Graves County Jail for burglary 2nd degree and assault 2nd degree.
Tammy Thweatt was booked into the Graves County Jail. She was charged wit burglary 2nd menacing, probation violation for a felony offense.
Daniel Moore was cited and released with a court date for criminal trespass 3rd degree.
Maryland and Virginia have declared a state of emergency Monday as Hurricane Florence continues its path toward the East Coast.