Conception, Life and Criminal Law

Conception/Life and Criminal Law

When does life begin? This is a question that occupied the minds of humanity greatest thinkers and philosophers throughout mankind recorded civilizations.  Different religions offer different answers.  Embryology tells us the full systems that makes the human body functional and that sustain life after birth, ie, the nervous system, the circulatory system, the kidneys etc are complete after 13 weeks gestation in utro.   But what legal right does that 13 weeks systemically fully functional foetus has before the common and criminal law?  This is a question that modern day societies have to come to term with.  The one thing that is certain the final version of that law whether it be amendment to the existing Crimes Act, or new precedent set by the Highest Court in the land it will reflect on each one of us as citizen.  How and why? Think for one moment about motor traffic and transport, illicit drug use, and the practice of obstetric and gynaecology.   

Imagine for one moment serious motor accident in which pregnant female was either the driver or passenger.   The concern of the medical staff and those involved in treating the injured mother is the status and injuries to the foetus.  If as a result of the injuries the mother passes away and the foetus cannot be saved is it one life or two lives that are lost?  If the mother passes away and the foetus is saved but sustains injuries what legal rights did that foetus have under the law? More importantly is the question when did that legal right become operative? Is it in utro or when the surgeon performed Caesarean operation and brought premature and deformed baby to life?

Let us take another example imagine for one moment a pregnant young lady is illicit drug user, heavy smoker, and alcoholic gives birth to a baby that is grossly under weight, malnourished, and has serious health problem including deformities.  Could this mother be charged under the Criminal Law with supply of drugs to her foetus/baby whilst in utro?   Theoretically yes depending on the answer to the question when life begins.

The question when does life begins? And that life is bestowed with legal rights is a question that often arises in medical malpractice against the medical profession and the specialty of obstetric and gynaecology. Questions and legal issues to do with life and legal rights more often than not arise in cases involving undetected foetal deformities, genetical or otherwise,  miscarriages, breeched deliveries,  and stillbirths.  The answer to these questions determines legal liability and award of damages.  At present all that lawyers go by in advising clients or counsel proffering advice are precedents set by the Highest Court in the land.

In the next blog I will attempt to address the question: when life begins and the legal rights that ensue from ethical, philosophical, and religious points of view.   

The Facts: Syria and Civil Wars

The Facts

Syria and Civil Wars

Whilst the United States, Britain, and France ponders the most effective military  punishment to dish to the Syrian government for purported use of chemical weapon against its people in the suburb of  Muadhamiya the historical facts about modern day Syria and President Bashar El Assad and civil wars should not be lost.  Here is a brief summary of those facts:

Historical Facts:

It is good and well for Prime Minister Cameron to call the House of Common back to get a vote authorising the use of force against Syria.  Perhaps in fairness before the House of Common votes on any motion authorising the use of force the House should debate another motion questioning Britain’ historical liability and blame for what is happening in modern day Syria. The indisputable fact is that after the collapse of the Ottoman Empire in 1918 Britain ruled and influenced the future course of Syria for good 25 years before Syria became independent country.  In order to oppose Arab Nationalism led from the Hijaz after the war Britain encouraged minor Islamic sects such as the Alawites (Nusayri Shia) to enroll and train in the army and air force. El Assad Family was amongst other families and candidates that took advantage of the opportunity.  

If Prime Minister Cameron chooses to ignore history and Britain’ historical liability for modern day Syria and obtain a vote in the House of Common authorizing bombardment of Damascus.  History will judge Britain harshly regardless whether the House votes on a motion authorizing use of force for the sole reason of Assad purported use of chemical weapon or Weapon of Mass Destruction.

Civil Wars:

The current death toll in Syria is some 100,000 or more likely 150,000 killed and some 2 plus million people on the move to neighbouring countries and internally.  The population of Syria is around 24 million people.  The war officially started in March 2011.  The percentage death in Syria to date taking a death toll of 150,000 is 0.63% of the population.

Between 1860 and 1864 America, the mighty USA, went through civil war between North and South.  In 1860 America’s population was in the region of 34 million.  The death toll was in excess 750,000 which represent 2.2% of the population which about 3.5 times of the death toll to date in Syria.

Between 1975 and 1990 Lebanon was embroiled in civil war.  The death toll during the 15 plus years civil war was 220,000. As at 1975 the population of Lebanon was in the region of 3 million.  The percentage death is whopping 7.3 of the population which is some 11.6 times the death toll to date in Syria.

Accordingly on any count taking either the American or the Lebanese civil wars as a guide Syria got lot of catching up to do.

Finally one should not lose sight of the fact that epidemics that could be spread by flea, mosquitoes, and rodents can kill substantial percentage of any population.

The risk involved in the USA, Britain, and France jointly bombarding Damascus should not be under estimated.  Each of the three religions that inhabit the Middle East sees the endgame and salvation in Jerusalem.  Control of Jerusalem is therefore a priority.

  

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WTF JURY VERDICT

UNIQUE JURY VERDICT

Dubbo District Court

Regina -v - Palmertson

This jury verdict is from the annals of the history of criminal law in the State of New South Wales Australia.  The trial to which the verdict pertain took place well over 120 years ago during the regain of Queen Victoria in Dubbo District Court.  Dubbo is some 400 kilometer Northwest of Sydney. Nowadays Dubbo is thriving centre for agriculture and beef and farm machinery.

The jury consisted of 12 people (7 men, 5 women) selected from a panel of jurors.  The accused was a man named Palmertson.  The indictment alleges that Palmertson stole a healthy milking cow. If convicted, Palmertson custodial faced custodial sentence up to 10 year penal servitude.  

After a four days trial and addresses by the prosecutor and defence counsel the trial judge summed up the evidence to the jury and asked them to deliberate and come to a verdict of either Mr Palmertson guilty of the offence as charged in the indictment or not guilty.  Some four hours later the jury came back to Court with a verdict:

Judge’ Associate:    ‘Mr foreman has the jury reached a verdict?’

Jury Foreman:        ‘We have Your Honour’

Judge’ Associate:    ‘Do you find the accused guilty as charged?’

Jury Foreman:        ‘We find the accused not guilty if he returns the cow’

Trial Judge:        ‘This is the most bizarre verdict I have ever heard in my many years on the Bench.  It is not a verdict.  You go back to your deliberation and come up with a verdict of either ‘guilty’ or ‘not guilty as charged’.

The trial judge again gave the jury brief summing up of the evidence and the elements of the offence to which they need to be satisfied and sent them on their way back to the jury room to deliberate and come up with guilty or not guilty verdict.

Within an hour of being addresse

d by the judge the jury came back with a verdict:

Judge’ Associate:    ‘Mr foreman has the jury reached a verdict?’

Jury Foreman:        ‘We have Your Honour’

Judge’ Associate:    ‘Do you find the accused guilty as charged?’

Jury Foreman:        ‘We find the accused not guilty and he can keep the cow!’

Concrete

Concreting

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I was recently told by a friend in the precast concreting business how many cubic meters of concrete he single handedly managed to pour and settle.  The figure was astonishing, 30 cubic meters!  In astonishment I said:  ‘Mick you are kidding me’.  Mick looked me in the eye and said: ‘Have I ever told you anything that was not the gospel truth?’  I narrated to Mick my own and that of two doctor friends of mine experience in concreting a veranda in my residence some 20 plus years ago at a time when I worked at the Prince of Wales Hospital. I also told Mick I want to blog the tale in the hope it will be of some help to people who do not know much about concrete:

The form worker who laid the form work and steel in readiness for the concrete pour estimated 6 meters of normal psi strength concrete will be required.  I said I will arrange the pour for around lunchtime and bring two doctors friends and me and we will take care of the concrete pour over a luncheon break.  I do not recall the form worker making any comments but I specifically remember him raising his eyebrow and giving me a smile.

Some two days later after checking the duty roster of my doctor friends George and Chin and myself I arranged for concrete trucks to come at 1 pm sharp.  The three of us all in white coats with stethoscopes in pockets arrived some 15 minutes earlier.  Immediately after a truck arrived and started laying pipes from the street to the veranda.  The three of us rolled our sleeves and quickly realized that we did not have any tools other than a shovel a spade and a small trowel.  We looked at each other in awe each wearing white shirt, tie, matching Harris Tweed trouser and shoe as the last connection of the pipes was raise over the veranda. ‘Ready boys’ said the concrete truck driver who had just arrived.   I looked at Chin who still had his tie on and to George who raised his should and reading his lips said ‘what the f—k we got ourselves into’ before the truck driver could say the concrete could solidify if you are not quick I said: ‘ready as we could ever be’.  Within 2 minutes the concrete started to pour from the pile on the on the formwork it quickly became mountainous we looked at each other with me holding the shovel, George the trowel, and Chin the spade we looked at each other in total bewilderment.  The splash of the concrete was now all over our shirts and trousers and our faces.  I could hear some laughter over the fence.  My good neighbor, Gus, who had been builder for years before serving in the commando unit in Papua New Guinea in the Second World War (and was amongst the few survivors) came across and brought some of his tools.  Gus called the truck driver to stop for few minutes as he got to work and directed each one of us to do specific task.  Soon the mountain of concrete that could have caused the whole formwork to collapse was spread almost evenly across the veranda.  Within half an hour the three Prince of Wales medicos were sweating profusely.  Bless his heart Gus got his wife to call few people that he knew in the building industry to come across.

As I drove back towards Prince of Wales Hospital near Sydney Airport each of our pagers started peeping.  The lady at the switchboard had reported neither doctors Chin or George or Michael were answering his pager.  We arrived at Prince of Wales and each in turn went to the main switchboard and gave an excuse as to his whereabout.  My excuse was that I lost my pager and had a nap in the Residents’ Quarter.  Not a single one of us got reprimanded by management.   After this experience but for Gus could have been costly and embarrassingly disastrous on the front news of the bi weekly local paper I am sure ever since each one of us holds concreters in high regard.

Mick, my friend despite the fact that you have been in the concreting industry for many years Chin, George, and Michael and the entire medical profession especially the one at Prince of Wales Hospital solutes you and the very few likes of you.

Urban Jungle

Urban Jungle

It is hard to fathom that a motor cyclist could lie meters away from the edge of major arterial road in the heart of the suburb of Lane Cove mere 20 minutes drive from the heart of Sydney with two broken legs screaming in agony unnoticed and his cries possibly ignored by the passing traffic for three days.  Exactly 72 hours after losing control of his motor cycle and rolling to the edge of a shrub studded embankment the motor bike rolling and snapping the distal part of his left femur and fracturing his right tibia and fibula the healthy and fit 25 years old Simon, a civil engineer employed in nearby North Sydney, who had not lost consciousness started to scream both in agony and cry for help. A scream and a cry from the soul and the spirit of a young man that became an echo reflected back to Simon by the sound of traffic few meters away.  

The steep slope of the embankment made it hard for Simon to crawl towards the edge of road with his right leg now swollen and becoming blue and his left leg also swollen an throbbing with pain Simon rolled and grabbed the stem of a shrub above his head and with the strength of his arms managed to slide himself some two meters away from the road.  Surely someone should be able hear my scream or a passer by will see me.  On the third day with his strength fading and close to losing consciousness at 9 am on a Saturday three teenage boys walking on the edge of the road heard Simon fading moans and cry.  Ambulance conveyed Simon initially to nearby North Shore Hospital and few hours later to the operating theatre of Prince of Wales Hospital.  Two of the finest orthopaedic surgeons and their experienced assistants operated on Simon for good six hours.  

Some two weeks after the operation Linda a nursing sister in the orthopaedic ward told me about Simon and the story he had narrated to the nursing staff.  I was both intrigued and curious.  Intrigued by the fact as to how something like this could happen in the heart of a suburb and major arterial road bustling with life almost 24 hours a day and curious as why it took three days before three teenage boys by pure coincidence and chance happen to be passing by heard Simon moans.  I made suitable time and wheeled Simon from his bed to a small park inside the hospital ground and asked him to narrate his story to me.  Simon narrated the exact story that Linda had told me and with tears rolling on both cheeks told me that his parents resided some 3 kilometers from the spot and all sort of thoughts were racing through his mind before the three lads found him. Simon was adamant that few people must have heard his load cry for help the first 24 hours.  His final words during our conversation were: ‘you know doc I think I ha greater chance of survival if I was in real jungle in Africa but what I believe saved me is the Lords’ Prayer that I kept reciting during my ordeal’.  

I am happy to say some six months later Simon made near full recovery and returned to work driving brand new red coloured Honda Civic.

The War in Iraq ... reflections ten years on

Poetic Justice

This week, 20th March 2013 to be exact, marked the tenth anniversary of the second Iraq war that toppled Saddam Hussein and saw him captured and hanged.  This week also marked the second anniversary of the Syrian war that is still raging and is likely to end with a cataclysmic Middle Eastern war that will engulf the world, particularly the USA and Europe.  Regardless of what appears to be the cause that journalist and other media outlets want you to accept the cause and reality is control and dominance of the Holy City of Jerusalem.  That control; and dominance is sought and claimed by three of the world major religions: Judaism, Christianity and Islam.  Each of these religion see cataclysmic war taking place in which the Messiah, Christ, Mehdi coming to save mankind.  Iran, Syria, and Hizb Allah in Lebanon is the only formidable resistance and obstacle left.

On the surface, and arguably the war in Syria is continuation, or perhaps the endgame of the Sunni/Shia conflict which was never resolved and still represents Islam’s unresolved schism as to the rightful heir to the Prophet.  After all the basic tenets and belief of the Alawite, Shia, Sufi, and Druze faith are based upon the belief in the blood lineal descendency of the Prophet being the Imamate and Fatimid terminating in the twelfth Imam believed to be in occlution.    

Weapon of Mass Destruction (WMD)

President George W Bush (Junior) was formally elected a President of the United States of America on 20 January 2001 in controversial circumstance with few thousand greater votes in the State of Florida in which his brother John Ellis ‘Jeb’ Bush was Governor.  It is a testimony to the credit and statesmanship of Vice President Al Gore not to press the matter and challenge to the legitimacy of the vote to finality through the Supreme Court.

In 1990 with the collapse of the Berlin Wall and disintegration of the Soviet Union George H W Bush went to war in Iraq to liberate Kuwait from the Iraqi occupation. The relatively short war labeled Desert Storm saw the American tanks and army stop short distance from Baghdad. But despite the atrocities and other heinous acts committed by Saddam Hussein including using chemical weapons against the Kurdish population George H Bush knew better than going all the way to toppling Saddam Hussein. Thirteen years later his son, George W Bush with his so called New Conservative clique dubbed ‘Neocon’ advisors wanted to change the new world order went all the way topping Saddam Hussein and saw him hanged.

The pretext for going to war was ‘indisputable evidence’ of weapon of mass destruction (WMD) in Iraq. Britain popular Labor Prime Minister, Tony Blair, provided the necessary support for Bush.  The man officially charged with finding the WMD, the Swedish politician and diplomat, Hans Martin Blix told the Bush administration in no uncertain language that there is no WMD in Iraq and described Bush and his Neocon as nothing more than pursuers of witch hunt, trying to find excuse for conclusion.  Despite Blix’s plea on a nominated hour on 20 March 2003 the United Nation mandate and resolution over Iraq was pushed aside as waves after waves of the all mighty American bombers from carriers in the Mediterranean and Saudi Arabia basis dropped their first load nearly missing Saddam by a whisker.  Officially the last American combat soldiers left Iraq in 2012 some 10 years from the official start of the war.

Tenth anniversary of the war

The most conservative estimate of casualties of the second Iraq war put the death toll to over 200,000 with equal number maimed and injured Iraqi’s.  Minorities, particularly the eldest Christian sects that date their presence in Iraq to the cradle of Christianity who could flee fled Iraq and became refugees or migrants in countries that heeded the call and sent soldiers to Iraq including Australia and Canada. With that numbers of Iraqi killed there are countless number of orphaned children, large number of whom on the tenth anniversary of the war are being looked after by surviving relatives, including grandparents.  

Christ’s Return

The BBC reporter given the task of officially reporting on Iraq 10 years after Saddam and who was present in Iraq on 20 March 2003 was keen to find what the average Iraqi had to say.  His question was simply are Iraqi’s better off 10 years after Saddam.  The majority answered ‘NO’.  Those who answered YES were living in or close to the so-called GREEN ZONE where most embassies are located.  One particular young lady answered:  ‘Before there were two bombs exploding every two hours now two bombs explode every week’.  

The reporter asked Abu Hamza, an elderly man selling coffee in a street in Baghdad whether he was better off.  The man told the reporter he had lost three of his children killed by the American and he was now looking after their orphaned children and that he was fearful for their future.  Asked whether he had message for George W Bush for starting the war Abu Hamza said ‘yes’ I do have a message for Mr George W Bush and this message is:

‘When Christ Returns He will be on my side NOT Bush’s side’

This is a very profound statement to which any true Christian should give serious thought to.  Any true Christian will look for genuine repentance and to ways and means to correct the misdeeds of their elected President, George W Bush and his Neocons.  

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CREMATORIUM Part 2

CREMATORIUM

Part 2

Clearly pacemakers do not like crematorium chambers and if left insitue and not removed they will certainly give the final bang firework and farewell to the deceased if he or she is cremated.  A pacemaker with good batter will continue ticking six foot under.

Removing a pacemaker from someone who died in hospital, a nursing home, retirement village, or by mishap or accident is not an easy task as it may sound.  Often that individual is looked after by a resident doctor who may or may not be familiar with that individual full medical history.  Further, to properly remove the pacemaker one needs to wheel the deceased to an operating theater and undertake proper procedure; clearly something that is not that welcomed in busy hospitals and nursing homes with budget constraints and funding cuts.  That being the fact, it is more likely than not that the explosion that bewildered me and others at the funeral parlor crematorium is to become more common.

After the bewilderment of the explosion and bringing the cremation back under control, what was left of the deceased is some bone fragments from the femur and tarsus of the feet all other organic matter was consumed by the heat and evaporated. Those cremated remains are then taken into another laboratory like setting where they are processed and turned into fine (close to powdery) particles and placed in a container or especially purchased urn by the family.  In a busy crematorium there will have to be a proper labeling system to ensure the correct processed remains are given to the correct family.

I did not witness either the processing or the labeling of the container or urn.  However the ingrained impression that was in my head before witnessing the cremation was that of ashes of departed loved ones been scattered in gardens or in the sea representing the entirety of the deceased is a myth.  What been scattered is in reality the processed remains of fragments of the femur, tarsus of the foot and the odd vertebrae plus some processing material.  

Even thou Gus from Breaking Bad didn't have a pacemaker, he certainly went out with a bang!

The real impression that remained with me is, that if you want to give your beloved departed a real final bang that will scare the shit out of the most ardent observer, is to buy a pacemaker and put it in the casket as your final gift the beloved departed. 

Better still if the beloved departed was dependent on a pacemaker in life, don’t tell anyone about it.  If you can invite one or two people to witness the cremation and make sure you have glass of your favourite drink in hand half an hour after the curtain had closed in the funeral parlor chapel.

CREMATORIUM Part 1

CREMATORIUM

At the best of times even when one in jovial mood, under the influence, or inebriated it is difficult to think of the death of loved ones, let alone member of the family or his or her own death.  However, sooner or later all of us fellow bloggers and the rest of aspiring bloggers and reader have to make a decision about the burial or cremation of loved one or ones especially if that person is close family member.  Often this could happen equally when death is expected and when it is accidental and most remote. Equally often the question is burial underground in communal cemetery or cremation.  With cremation the question is whether one’s religious faith allows the practice.  

I once had the firsthand event of witnessing the cremation of an unknown deceased whose family must have made the decision to cremate him or her.

After the service and eulogies in the chapel the curtain is closed and the casket is rolled and directed by chain into one of the chamber in the funeral parlor normally 3 crematorium chambers. The furnace temperature in the chamber is between 1600 to 1800 degrees Fahrenheit (880 – 1000 degrees Centigrade). This temperature will melt most metals and but for certain major bones in the human body pulverize and turn the once human into ashes.  The process normally takes between 2 to 3 hours.  Several more hours are normally required before the cremated remains are handed over to the deceased family.

I expected the director of the funeral parlor to refuse my request to witness cremation but sensing that he may need a favour (probably legal) in return at some stage in the future he agreed to my request telling me a cremation was due in 15 minutes.  I made sign of cross on my face and nervously went behind the chapel to a little space with full view of casket being rolled through chains into a crematorium chamber.  I saw two men break and expose the casket as it dipped into the chamber. Witnessing a human body been incinerated with such high temperature is not a pleasant sight.  I prefer witnessing post mortem anytime.  However, what made the sight more memorable and the experience unforgettable is what happened some 20 minutes later. A massive explosion ripping off some of especially designed glass in the chamber and sending flames and other matters outside the chamber took place.  

I was not the only one bewildered by the explosion and the flame all of the crematorium employees and the staff, including the bewildered director (probably thinking I had something to do with the explosion) were in a panic and it took a while to bring the situation under control.  What had happened is the pacemaker which for years the deceased had relied upon instigate and control normal pulse and rhythm in his heart exploded.

YOU WILL HAVE TO AWAIT THE NEXT BLOG TO FIND OUT WHAT TOOK PLACE NEXT IN THIS FASCINATING EXPERIENCE.