While there is much speculation about the cause of the Ukrainian airliner that crashed after take-off from Tehran’s airport this week, killing all 176 people on board, there is presently very little factual information to go on.
Western intelligence has indicated a surface-to-air missile likely hit the plane in what may have been an “unintentional” act – an assertion Iran quickly dismissed.
As with any other crash, the world aviation community needs to know what caused this one in the interest of ongoing flight safety.
Political tensions between Iran and the US may make the investigation more challenging, but they should not prevent a thorough systematic analysis from occurring and the cause of the crash to ultimately be established.
The flight recorders hold the key to establishing what actually happened and why. And here’s where the political tensions are most problematic – Iran initially said it would not hand over the black boxes to the manufacturer of the aircraft, Boeing, or the US.
But new reports say Iran has now invited the US National Transportation Safety Board and Boeing to take part in the investigation.
Under the International Civil Aviation Organisation Annex 13 convention, the US has the right to appoint an adviser to the investigation, as does the aircraft manufacturer. The convention presumes a level of cooperation between all parties involved in crash investigations, which could prove difficult in this case. But that doesn’t necessarily mean a proper investigation won’t or can’t be conducted.
Responsibility for the investigation sits with the Iranians, but under the UN Civil Aviation Conventions, they can request assistance from any other country, if they don’t have the capacity to conduct it themselves.
There are many other countries with the necessary expertise to assist, including recovering flight data from recorders with very significant damage. France, Canada, UK, the Netherlands, Germany and Australia could all help, for example.
Other countries can only step in, however, if invited by Iran or if Iran chooses not to conduct the investigation.
What’s most important is that whoever leads the investigation must have access to all the information – the wreckage itself, flight data, radar data, maintenance records, crew data, flight plans, load sheets, and passenger and cargo manifests. Otherwise, the wrong conclusions can be reached.
There also needs to be a parallel field investigation analysing the wreckage.
First, investigators should be ensuring they have accounted for all the wreckage. If some parts separated from the aircraft in-flight, they may be found some distance from the main wreckage site and may hold key clues that could lead to a better understanding of the cause of the crash.
As such, the terrain under the flight path needs to be surveyed carefully to locate all items from the aircraft.
Clearly, it will also be important to examine the wreckage of the engines for any evidence of pre-crash damage.
For example, if a fire had been burning inside the engine cowling, there may be evidence of scorching. Analysis of the internal engine components should also make clear whether the engines were still delivering power when the plane made impact with the ground or if there was a pre-crash structural or component failure.
Investigators should also look at the wing and fuselage surfaces next to the engines for any pre-impact damage. If an engine failure occurred, there may be evidence of impact damage from engine components after they burst out of the armoured casing.
Analysing the aircraft engines, wing and fuselage surfaces may also provide evidence if the aircraft was struck by a missile.
This was the case with Malaysia Airlines flight MH17, which was shot down over Ukraine in 2014, killing all 298 people aboard. There was clear evidence of the aircraft structures being penetrated from outside the plane by high-speed particles.
Similar forensic analysis can be conducted on the remnants of the Boeing 737 in Iran, even if a high degree of fragmentation occurred in the crash. This should reveal the truth if a missile was responsible.
Of course, it would be usual for the aircraft manufacturer to be involved. After all, it knows more about the technologies involved in building and operating the aircraft than anyone else.
That said, there are many global agencies that also know a lot about the engineering and operation of the B737-800 plane, such as the airworthiness authorities in other countries, who could be called upon to participate.
No doubt, Ukraine will be heavily involved, as will Canada, due to the number of Canadians who lost their lives in the crash. So, if Boeing was excluded from the investigation, it might be a set-back, but not a show-stopper.
Boeing is, however, responsible for assuring the ongoing safety standards for the global B737 fleet, so whether it is directly involved in the investigation or not, it is imperative the reasons for the crash are shared with global aviation agencies, the manufacturer and all other airlines.
It is worth reflecting in these sad occasions that the purpose of a crash investigation is to prevent future incidents. Unless the actual cause of this crash is understood, any possible problems in the global flight safety system may go unrectified, making the risk of future crashes higher than it otherwise would be.
The impact of the crash on the families of the victims is also immense and immeasurable. This is another reason why a proper, thorough and systematic investigation is so important. It ensures those who have tragically lost their lives, and their families and friends, will not have suffered in vain.
The government has given a new direction to the Australian Federal Police to prevent repeats of the recent raids on the media when leaks are being investigated.
The number of investigations will also be cut back, because departments referring leaks of official material to the police will have to outline the harm the disclosure poses to national security.
The changes, announced by Home Affairs Minister Peter Dutton late on Friday, follow a backlash against the government after the Australian Federal Police raided News Corp journalist Annika Smethurst and the ABC over separate leaks.
The direction applies to both current and prospective investigations, so would likely mean the police will drop off their pursuit of the media in these instances, although the ultimate decision rests with the AFP.
Smethurst’s story revealed confidential correspondence about a proposed change in the remit of the Australian Signals Directorate. The ABC reported confidential documents relating to the behaviour of Australian special forces in Afghanistan.
After the raids the AFP refused to rule out prosecuting the journalists. The media organisations launched court action challenging the validity and use of the search warrants.
Dutton said he had issued a “ministerial direction” to the AFP Commissioner.
This set out the government’s “expectations” for the police when a journalist or media organisation had a leak from a serving or former Commonwealth official.
Dutton said the directive did not constrain investigation by the AFP of an unauthorised disclosure. “A key function of the AFP is the enforcement of the criminal law, without exception,” he said.
But he said he expected the AFP “to take into account the importance of a free and open press in Australia’s democratic society and to consider broader public interest implications before undertaking investigative action involving a professional journalist or news media organisation” in relation to a leak.
“Where consistent with operational imperatives, I expect the AFP to exhaust alternative investigative actions prior to considering whether involving a professional journalist or news media organisation is necessary.”
Dutton said he expected the police to continue to seek voluntary assistance from the media.
He has also told the AFP “to strengthen its guidance and processes about the types and level of information required” from departments and agencies when referring leaks.
Departments “will need to provide a harm statement indicating the extent to which the disclosure is expected to significantly compromise Australia’s national security”.
The upshot is that rather than departments routinely referring leaks to the police, disclosures that do not carry national security implications will not be sent.
Sources pointed out this would not stop a department using its own internal processes to find out who had leaked and taking disciplinary action against them.
The opposition declared the changes just “window dressing”.
Shadow minister for Home Affairs Kristina Keneally said Dutton had announced what he “expects” of the police when the media and the public had demanded guarantees from the government.
She pointed out the announcement had come just days before the Parliamentary Joint Committee on Intelligence and Security held public hearings into press freedoms.
“This is a cowardly act,” Keneally said. “It’s taken Mr Dutton too long to speak out and there are still many unanswered questions”, she said.
“Can the Morrison government confirm they will not charge or prosecute any Australian journalist – such as those at the ABC – for doing their job and reporting in the public interest?”
The sheer audacity of Al Jazeera’s three-year ruse is astounding.
The news company’s investigation unit has carried out a sting that has captured both the National Rifle Association of the United States and Australia’s One Nation Party in all sorts of compromising positions.
The series, “How to sell a massacre”, has exposed the NRA’s manipulative media practices and revealed One Nation’s desire to cosy up to the US gun lobby to find ways of funding its domestic campaign to overturn our gun laws.
The documentary has exposed the thinking of some of the party’s most senior figures about taking control of the parliament and their obsession with Muslim immigration.
Al Jazeera senior producer Peter Charley did this by placing actor-turned journalist Rodger Muller in the field to impersonate the head of a fake pro-gun lobby group called Gun Rights Australia. The pair then pandered to One Nation’s desire for financial support and international endorsement and exploited US gun lobbyists’ fears about Australia’s strict gun laws.
They got away with this for three years, gaining unprecedented access to the halls of the NRA and to the minds of two One Nation officials, Queensland state leader Steve Dickson and the party’s controversial chief of staff, James Ashby.
There are at least two ethical questions about this documentary.
The first is whether the producers have overstepped the mark by not only reporting what they saw but creating the scenario in which the events occurred.
The second concerns the program’s extensive use of hidden cameras.
On the first matter, the issue is whether the program created the meeting between One Nation and the NRA and therefore acted irresponsibly by entrapping the subjects of the film.
In his account of what happened, Rodger Muller put it this way:
Then Charley asked me to contact Pauline Hanson’s One Nation – a far-right pro-gun Australian political party. Charley wanted me to find out if any connections existed between One Nation and the US gun lobby. And so began another chapter in my life as an avid “gunner”.
When I approached One Nation Chief of Staff James Ashby and mentioned my NRA connections, he told me he wanted to visit the US to meet them. I set up meetings in Washington and soon Ashby and One Nation’s Steve Dickson were on a flight to the US.
I was there, ready to meet them. And our hidden cameras were all primed and ready to go.
This suggests that Muller and Al Jazeera were catalysts and enabled the connection between One Nation and the NRA. But it also demonstrates that there was a desire on the part of One Nation to meet the US gun lobby, and – as later becomes clear – the party was motivated to do so to raise funds and make political connections.
The Media Entertainment and Arts Alliance code of ethics – the protocols by which thoughtful journalists operate in Australia – is largely silent on this issue.
It doesn’t say anything explicitly about creating the news by making connections between players to observe what happens next. But it does stress the need to “report and interpret honestly”.
It calls on reporters to use “fair, responsible and honest means to obtain material” and to “respect personal privacy”. But the code also acknowledges journalists both scrutinise and exercise power. The preamble makes the point that journalism animates democracy.
Most importantly, in its guiding cause, the code states:
ethical journalism requires conscientious decision-making in context.
It allows for any of its other clauses to be overridden to achieve “substantial advancement of the public interest”.
So is it wrong to make and enable connections that might not otherwise happen in order to observe the outcomes? Is this fair and honest and responsible?
Like many things, the answer might be dependent on the motivation. From where I stand, it looks like Al Jazeera’s motivation was to get to the heart of something fundamentally important that would otherwise remain opaque.
And while we’re pondering that one, there’s the perennial ethical question about hidden cameras.
This isn’t your garden variety case of a tabloid TV program exposing a dodgy car salesmen or a real estate scammer. In this film, the use of hidden cameras directly places several parts of the code of ethics against that all important public interest override.
The question is whether the public’s right to know is so important that it justifies the film’s deceptive conduct and breaches of privacy.
For me, the use of hidden cameras can clearly be defended when a publicly funded Australian political party, that knows what it’s doing is dodgy, is making connections to “change Australia” by gaining the balance of power in the parliament and “working hand in glove with the United States”.
It is highly likely the extent of One Nation’s behaviour could only be exposed through this sort of reportage. James Ashby is captured repeatedly reminding others they need to be secretive in their dealings with the NRA.
The public has a clear right to know what One Nation is up to. This is especially the case when part of its mission is to learn new techniques to manipulate the public debate to pursue an agenda of overturning the ban on guns following the 1996 Port Arthur Massacre.
There’s something else about this program that justifies the use of hidden cameras. It exposes the utter cynicism of the media messaging and media training that underpins the NRA like nothing I have ever seen before.
In a closed meeting with NRA officials, One Nation is given a crash course on how to deal with bad press, particularly following mass shootings.
Lars Dalseide, an NRA media liaison officer, is captured saying pro-gun lobbyists should smear supporters of gun control by accusing them of exploiting the tragedy.
He even provides a useful retort to anyone who might suggest that gun ownership might be a factor in a mass shooting. He says:
How dare you stand on the graves of those children to put forth your political agenda.
“Just shame them to the whole idea,” he suggests, by arguing pro-gun campaigners should declare to opponents:
If your policy isn’t good enough to stand on its own, how dare you use their deaths to push that forward.
As he says this, Ashby is recorded replying: “That’s really good, very strong”.
Some of that phrasing seems familiar in the immediate aftermath of the Christchurch massacre, suggesting parts of the NRA’s playbook have already made their way down under.
This documentary underscores two things.
The brutal tactics of the gun lobby and the operations of One Nation need exposing. Journalism sometimes has to take on the unsavoury job of extracting the truth from those who do not want to share it.
Cardinal George Pell was this week sentenced by a Victorian court to six years’ jail for sexually abusing two choirboys, with a non-parole period of three years and eight months.
Although Pell was found guilty of the charges against him in December, he has remained a Cardinal in the Catholic Church. The Church previously said it would await the outcome of an appeal before taking action, but it has since confirmed that an investigation of Pell’s case will be conducted by the Congregation for the Doctrine of the Faith.
An American former cardinal was recently expelled from the priesthood by the Church following a canonical trial into claims of child sexual abuse. Here’s what it could look like if Pell was subject to a similar process.
Most cases concerning the wrongdoing of Catholics are tried in secular courts. The decisions and punishments handed down by the courts are normally accepted by the Church as sufficient.
But the Church will conduct its own examination of cases where the church’s canon law requires punishment outside the competence of the courts of the land. That includes the excommunication of a member of the church, or the dismissal of a priest or bishop from the clerical state – often referred to as defrocking.
Tribunals to adjudicate matters that concern the Church’s own internal governance are principally governed by the rules and regulations of the Church, which are known as canon law (from the Greek etymology κανών or kanon, meaning a “rule”). These regulations are set out in the Church’s Code of Canon Law, which came into effect in 1983.
Since such trials are conducted because of the requirements of canon law, they are known as “canonical trials”.
Catholic Church tribunals are normally held in the diocese of the parties to the case. The bishop of the diocese can judge cases for his diocese. But since bishops often have little or no in-depth knowledge of canon law, most cases in Catholic Church tribunals are handled by judges (clerics or laypersons) appointed by the bishop. The presiding judge is a priest known as the judicial vicar.
Some matters cannot be introduced at a diocesan tribunal, but are reserved for the various tribunals at the Holy See. This includes cases involving dioceses and bishops, and certain serious matters regarded as crimes in the Catholic Church. Examples of this would be matters of sacrilege (offences against the sacraments), and sexual offences by a cleric against a minor under the age of 18.
Usually a single judge presides over contentious and penal cases. But a college of three or five judges will normally try more complicated or difficult cases – especially if the prescribed penalty is an excommunication from the Church, the dismissal of a cleric, or if the case concerns the annulment of a marriage or an ordination.
Other officers of the tribunal include the promoter of justice, who is the prosecutor in penal cases. The tribunal also has notaries who swear in witnesses, and commit their testimony to writing.
Like any legal system, parties in a case have the right to appoint an advocate who can argue for them at the tribunal. If a person cannot afford an advocate, the tribunal can assign one to them free of charge.
Catholic Church tribunals do not use the adversarial system used by the courts of the common law tradition. Rather, Catholic Church tribunals use the inquisitorial system law found in most European legal systems. That means the judges lead the investigation.
The standard of proof used by the Catholic Church tribunals is “moral certainty”. Certainty results from examination in good conscience of the available evidence. This isn’t the same as “absolute certainty”, but it’s more than mere probability. It is normally stricter than guilt “beyond reasonable doubt”, which is usually held to be the absence of doubt based on reason and common sense.
As a general rule, the defendant has the presumption of innocence, which means the defendant will win by default unless a majority of the judges is convinced with moral certainty of the petitioner’s case.
Labor’s member for the NSW marginal seat of Lindsay, Emma Husar, has announced she is taking personal leave, after a long-running party investigation into allegations she misused and bullied staff members became public.
Husar said in a statement that she had received threats of violence.
The NSW Labor party probe, led by barrister John Whelan, into the claims against Husar, who is in her first term, has been going on for some time but the story only broke publicly with a BuzzFeed report last week.
Opposition leader Bill Shorten has said he first heard of the allegations last week.
They include that Husar had members of her staff perform baby sitting and dog walking chores, and that she had been abusive towards staff. Her office has had a big turnover. There has been speculation that she could lose preselection if the investigation finds against her.
In her statement late Tuesday Husar said: “The past few days have been incredibly difficult for my family. I’m a single mum and my first priority is the safety and wellbeing of my children.
“I have received threatening messages including threats of violence and have referred them to the Australian Federal Police.
“The best thing for me and my family right now is for us to be out of the spotlight so I can access support.
“I look forward to returning to my duties as the Member for Lindsay very soon. I love my community and there is no higher honour for me than representing the people of Western Sydney in Australia’s parliament.
“As I said last week, I respect and am co-operating with the independent process that is underway”.
Shorten said on Tuesday Husar had “been a hard-working member in her electorate” but he didn’t want to further comment until the inquiry was finished.
Shadow treasurer Chris Bowen said: “I’ve always found her very passionate about Western Sydney, about the issues she cares about deeply, and entirely professional, but these serious matters should be dealt with through that independent investigation.”
Labor frontbencher Mike Kelly defended Husar, saying the use of staff members for some personal help was “a small price to pay for having a truly representative democracy and facilitating the ability of women to participate in our parliament.”
“You’ve got a hard-working young woman here, a single mother with three kids, having to juggle a very tough electorate in Lindsay with a lot of diverse issues and then of course do the commute to Canberra,” he told Sky.
Recently former deputy prime minister Barnaby Joyce took a stint of personal leave after a furore over his paid TV interview about his affair with his former staffer and now partner Vikki Campion, with whom he has a baby.
The link below is to an article that reports on an investigation into sexual abuse allegations against Hillsong and Assembly of God churches.
The link below is to an article that reports on the United Nations’ investigation into North Korean concentration camps. I expect nothing will come about as a result of the investigation, given that the existence of these camps has been known for many years.
Bhatti Murder Case in Pakistan Increasingly Murky
The following article reports on the latest news of persecution in Pakistan, where the investigation into the murder of Christian politician Shahbaz Bhatti has become mired in what may be a cover-up.
The articles linked to above are by Compass Direct News and relate to persecution of Christians around the world. Please keep in mind that the definition of ‘Christian’ used by Compass Direct News is inclusive of some that would not be included in a definition of Christian that I would use or would be used by other Reformed Christians. The articles do however present an indication of persecution being faced by Christians around the world.