MAGNA CARTA Myth & Law Part II

MAGNA CARTAMyth & LawPart II

I ended Part I of the first blog on this subject by saying that in the next blog I will examine in some details the surviving three Clauses of the original Magna Carta and the writ of Habeas Corpus which requires the jailer holding a person to bring that person before the court to show his authority for detaining the person.

I will start by asking this question: ‘In light of the 11th September 2001, attack on America that focused on New York Twin Towers, America’s response based on purported ‘Axis of Evil’ knee jerk reaction that saw invasion of Afghanistan, Second Iraq War that toppled Saddam Hussein and his government, policy of pre-emptive strikes, the resulting chaos in the Middle East, the rise of Islamic State (ISIS) in Iraq and Syria, terrorists threat and bombings in European capitals coupled with legislative responses aimed at dealing with the perceived threat does the principle of Human Rights the likes of that enshrined the writ of Habeas Corpus still carry any legal weight or meaning in a Court of Law?

In light of the more often than not ‘knee jerk’ rush for legislative enactments after terrorist attacks (the last tragically carried out in Paris on Friday 13th November 2015), that are meant to prevent further terrorist attacks the question of one’s liberties and freedom, the likes of those guaranteed and enshrined in the Constitution of most Western Countries, does a Writ of Habeas Corpus, or a Writ based on Bill of Rights, carry any legal weight and achieve its intended purpose of bringing an individual held in custody before the Court and for the holder of that individual to justify the reason for holding the said individual? Regrettably I think not. 

Before a Court of Law, if counsel representing the person in custody asks the magistrate to have the incarcerator state the reason for holding his client or the charges, if any, to be laid against his client’? A magistrate could well respond: ‘under the legislation which your client is held I do not have to give you any reason and do not ask this question again’! A Magistrate could also say he, or she will not be able to tell how long the client will be in custody before any charges, if any, will be laid! If Counsel were to respond by uttering the words: ‘Guantanamo Bay’ he or she will most likely be in contempt of Court!

It is understandable that a country can invoke or enact State of Emergency legislation's that temporarily sets aside the enforceability of enshrined legislative acts based on the principle of Habeas Corpus. An example of this was made by Britain at the outbreak of World War I in 1914, ‘The ‘Defence of the Realm Act’, entitling the Home Secretary to legally hold residents of German descent. This Act was reinstated in 1939 at the outbreak of World War II to detain descendants of German background and fascist (Italian sympathizers). Prior to the advent of the 21st century, more specifically 11th September 2001, neither the threat of terror, nor acts of terror, had ever been a reason for enactments having not only the potential, but the reality of depriving any individual’ personal freedom without excuse, legal or otherwise. Or has, or is, the 21st century world after the so called 9/11 attack

on America, is officially, or unofficially, in a state of perpetual war? More specifically, does America’ so-called ‘War on Terror’ and supporting enactments aimed at preventing terrorism equates to, or should be treated as, the equivalent of declaration of world war, World War III? If so, who is so called ‘friend’, ‘neutral’, or ‘enemy’ or may be everyone is to be treated as suspect? Is a pre-emptive strike that kills and maims countless number of civilian in a country like Afghanistan, Iraq, or Syria legal and could be legally justified on the grounds or reducing the likelihood of terror?

Should the passage of Bill allowing Britain to carry bombing raids in Iraq and Syria on so-called Islamic State equate to official reinstatement of ‘Defence of the Realm Act’ that Britain passed in 1914 and reinstated in 1939 after the outbreaks of World War I and World War II respectively? 

Is it possible that another barbaric terrorist attack could result in the mass arrest and internment of residents, and non residents, of Arabic background born in say USA, Britain, and France?

Just a thought, and a frightening thought, if I may say so!

Coming back to the Writ of Habeas Corpus, and its relevance, if any, in the 21st century, let us assume that an individual had been arrested and incarcerated say for a traffic offence, under the Motor Vehicles Act. That person officially pleads not guilty, wishes to defend the charges and wants to apply for bail till the authorities are ready to proceed with the hearing. Is that individual’s chance of being granted bail under Habeas Corpus, the Bails Act, or any other relevant legislation still the same or has the pendulum swung too far against the grant of bail or grant of bail on onerous and unreasonable terms? Regardless of any statistics that may exist to the contrary, one cannot help concluding that grant of bail for any accused in custody had become more difficult, and sentences dished out on findings of guilt had been in the upper range.

It is very hard to fathom this somewhat subtle degradation of respect for human rights. The fact, and reality that substantial numbers of Guantanamo Bay detainees that had been dehumanized and held in barbaric incarceration for some 15 years without any charge; and if any country, including Congo Brazzaville, is willing to accept all or some of them. If finally to be released without any charge to their identity, being, and whatever is left of their humanity, there will always be a scar on America’s scale of justice. The pertinent question that would be on everyone’s lips, including hardcore gun lovers in America, is whether America had been safer place as a result of Guantanamo Bay.

MAGNA CARTA Myth & Law Part I

MAGNA CARTAMyth & LawPart I

In the highly successful 1997 Australian movie, The Castle, Lawrence Hammill (Bud Tingwell) who revealed himself as a retired Queen’s Counsel (QC) and offered to argue the Kerrigan appeal, The thrust of Hammill’s argument was that under section 51(XXXi) of the Australian Constitution the Kerrigans should be paid fair price for their house and that the said house should not be seen just as bricks and mortar but it is a home built with love and full of the Kerrigan’ Family shared memories and precious moments. Needless to say the argument persuaded the Presiding Justice to set aside the Lower Court judgment and find in favour of the Kerrigans. It is worth mentioning that in arguing the case in the Lower Court the Kerrigan’s incompetent lawyer, Dennis Denuto (Tiriel Mora), made reference to the ‘vibes’ all members of the Kerrigan Family felt whilst at home and to Mabo, a decision under which the High Court recognized indigenous title as bestowing good title to ownership of land to no avail.

Section 51 of the Australian Constitution gives Parliament power to make laws for peace, order, and good government of the Commonwealth. Under subsection (xxxi) or (31) that power relates to acquisition of property on just terms from any State or person for any purpose in respect of which Parliament has power…

The purpose of this blog is just to highlight the genesis of power given to Parliaments to make laws in countries really has all stemmed from the works of the original Magna Carta, the Great Charter of the English liberties delivered 19 June 1215 by King John at Runnymede to placate the English Barons. This famous Charter had long been superseded by 20th and 21st century enactments such as Bill of Rights. The American Constitution did not come into official existence till 573 years later in 1787, and the Australian Constitution some 685 years later in July 1900.

The Fifth Amendment to the Constitution of the United States of America: “no person shall be deprived of life, liberty, or property without due process of law” is a phrase derived from the Magna Carta. Likewise the very same Supreme Court of the United States of America referenced direct quote from Sir Edward Coke analysis of the Magna Carta as the pillar of the Sixth Amendment to do with the right to speedy trial of accused persons. Needless to say that Francis Bacon argued that Clause 39 of the Magna Carta was the basis for the sixteenth century introduction of jury system and judicial process. 

Coke used the Magna Carta as political tool and Sir William Blackstone (name familiar to all lawyers) published critical three volume edition of the Magna Carta.

In my next blog I will examine in some details the surviving three Clauses of the original Magna Carta and the writ of Habeas Corpus.

OPAL TRANSPORT CARD

What does it all mean?

Part 1

Some three years ago, 7th December 2012 to be exact, the New South Wales Transport Minister, Gladys Berejiklian, traveled by ferry from Circular Quay to Neutral Bay using the Opal plastic Card. The journey was uneventful and the card worked, ie, the turnstile opened and allowed the Minister to enter and exit. Back in Sydney Minister Berejiklian said:
“I was delighted to join customers on day one of this exciting trial. Opal will transform the way people travel in NSW and mean an end to ticket queues and fumbling for coins.”
Some three years later, 1 January 2016 to be exact, paper tickets are no longer available and anyone wishing to use public transport in NSW even for one journey, will need to complete Opal card form and wait to get his or her Opal plastic card. The face to face human interaction involved in purchasing a train, or a bus ticket is gone. What does all of that mean, if anything?

Firstly, loss of jobs for ticket sellers on railway stations and to printing companies who print tickets used in railway stations and buses. Secondly, I wonder if the NSW State Government told the public the full story as to why the Opal plastic card had been introduced?

In order for a plastic card to operate lots of electronic gadgetry needed to be installed in the turnstile and on the plastic Opal Card. I imagine this electronic gadgetry to be somewhat similar to that of Automatic Teller or Banking Machines (ATM & ABM). Unless deleted, the computer registered record usage of these machines are capable of keeping any transaction. In other words, every time I travel by either train, bus or ferry in NSW there is a computer kept record of my travel. I and am told that this record is stored for some 3 years and could be used and made available to investigators. In terms of security, perceived or real on my train, bus and ferry ride, the Opal ticket might as well be a plane ticket. Why cant I use my NSW Opal ticket to travel by air? Maybe one day Opal Air will start a revolution- I could one day travel by air on a tap on and off, have a great day sir welcome to Australia?!!

I do know for a fact that there is a 1982 Commonwealth Freedom of Information Act that allows the Legal Profession, and any member of the public, access to records and information. I also know for a fact that the Act in question does have specific ‘Public Interest’ Provision. But we commuters of NSW public transport are told nothing. 

Let me repeat what Transport Minister, Gladys Berejklian, said on 7 December 2012:
“I was delighted to join customers on day one of this exciting trial. Opal will transform the way people travel in NSW and mean an end to ticket queues and fumbling for coins.”

I do not know about you, but like politicians to sometimes tell the truth. The question is whether the now, State of NSW treasurer, Gladys Berejklian, knew the truth when she uttered the above quoted words. I know there are far worse things in this world than fumbling for coins.
…………………………………….

Remembering & Honouring
Emir AbdelKader
(The Algerian)
Part II

Before delving into the nobility, humanity, heroism, and courage of AbdelKhadir it is worthwhile to make brief mention of the sectarian conflict that had been raging off and on in Lebanon since 1843. To my mind the very root and essence of this conflict lays in the fact that El Shihabi Family conversion from Sunni Moslem to Maronite Christian. Like El Hashemite Family that ruled Saudi Arabia before Ibn Saud, hence (Saudi Arabia) they are thought to be descendants from the Prophet Mohammad. Thus conversion to Christianity, let alone Maronite version, was nothing short of anathema. The Shihabi managed to get the blessing of the Turkish Sultan and ruled their Christian followers from Beit El Din in the Chouf Mountain in Lebanon. Beit El Din is short few kilometers away from the Druze feudal Lords, Amir El Maan in Deir El Qamar, and Jumblaat in Mukhtarah. Whenever it suited the Ottoman interest they stirred up the bee hives and ‘small scale’ massacres followed. The smallest of these massacres took place in 1843 where several hundred men, women and children had their throats slit and small exodus from several villages in the Chouf Mountains took place. The next, significantly bigger massacre took place in 1856. But the greatest massacre which almost had the effect of wiping out Christians (particularly Maronite) presence in Mount Lebanon, and the potential of wiping out Christian presence in Lebanon took place in 1860 and saw the Victorious Druze stir up the fervour of the Druze stronghold in Huran and Swaida districts in Syria. Here comes heaven sent Emir AbdelKader and his few battle hardened surviving followers.

It should be noted that despite the so called bravery, the Christian route by the Druze was only achieved by the duplicitous double-crossing by Ottoman rulers instructing their soldiers to assure the armed Christians that they guaranteed their safety thus taking away their arms, when in fact they were sending them to their slaughter. The other factors were the deliberately false assurances about fulfilling their obligation of protecting Christians, repeatedly given by Sultan Abdelhamid Mehmet II in Istanbul to the French, Russian and the British.

 AbdelKadir, having few weeks earlier opened his residence as a safe house to frightened Christians in Syria and Lebanese Mountains. He warned Christian and Mulsim leaders and Heads of Christian communities of the impending massacre. Initially hundreds of Christians took up the offer of safety and as news of the marauding killers heading towards Damascus became imminent, thousands flocked to the safety quarters secured by AbdelKadir and his seasoned 29 warriors. AbdelKadir personally faced the marauding killers and addressed them in no uncertain language about the sanctity of human life and the religious tenets enshrined in the Holy Koran, other books of Islam, particularly that of Sufism and Fatimism. Perhaps the more important aspect of AbdeKadir to the marauding murders was the awareness of the likely backlash from Europe. Whilst AbdelKadir spoke his 29 warriors stood on their horses a cordon ready to take on the marauders.

Abdelkader saving Christians during the Druze/Christian strife of 1860. Painting by Jean Baptiste Huysmans.

The wisdom and influence of AbdelKadir prevented the certain outcome of a massacre that would have wiped out the Christian presence, particularly that of the Maronite community in Syria. Somewhat comparable to what 155 years later (2014-2015), is taking place to Christians and other minorities in Iraq and Syria in areas under the control Islamic State (IS).

When the facts of the Christians massacres became know in Europe France, Russia, and Britain sent troops that arrived belatedly to Beirut. The heroic deeds of AbdelKadir and his 29 Algerian worriers became known and flood of accolade followed. Amongst those accolades were the following:

On 2 August 1869 the French Age newspaper wrote:

"We were in consternation, all of us quite convinced that our last hour had arrived [...]. In that expectation of death, in those indescribable moments of anguish, heaven, however, sent us a savior! Abd el-Kader appeared, surrounded by his Algerians, around forty of them. He was on horseback and without arms: his handsome figure calm and imposing made a strange contrast with the noise and disorder that reigned everywhere."

The French government increased his pension to 150,000 francs and honoured him with the Grand Cross of the Legion of Honour. He also received the honour of the Grand Cross of the Redeemer from Greece, the Order of Pius IX from the Vatican. Pair of inlaid pistols from Abraham Lincoln, gold inlaid shotgun from Great Britain, and ironically, not to be outdone Order of the Medjidie First Class from the Turkish Sultan, Abdelhamid, in Istanbul!

Remembering & 

Honoring

Emir AbdelKader

(The Algerian)

Part I

The word ‘Colonialism’ means a policy under which a country, the colonial power, maintains foreign colonies in order to exploit them economically. Students of modern history are often thought about the colonial rivalry between Great Britain and France in Africa the Middle East, India, and Asia in the mid nineteenth century. This dissertation is about an Algerian hero, Emir AbdelKader, whose full name is AbdelKader ibn Muhieddine born 6th September 1808 in Algeria and died in Damascus on 26 May 1883 aged 74.

Portrait of Abd el-Kader (1864) by

Stainslaw Chlebowski

In 1830 Algeria was invaded by France and when French troops penetrated the region of Ornan, AbdelKader's father led a harassment campaign and a year later he was elected Emir or Commander and asked to lead the rebellion against the French. Two years later, his 24 year old son, AbdelKader was elected to replace him. His command and skill caused the French in 1834 to sign a treaty known as "The Desmichels Treaty" (named after French General Louis Alexis Desmichels) the terms of which gave full control of the Ornan Provence to AbdelKader.  France’s honour was at stake and as such France recalled General Desmichels and replaced him with General Trezel. Hostilities resumed and again AbdelKader proved his, superiority, fighting, and command skill in the field with his faithful followers prevailing against Europe’s most advanced army. Some 3 years later in 1837 seeing the futility of fighting France sent General Bugeaud with specific instructions to sign treaty with AbdelKader. A treaty known as Treaty of Tafna was signed on 30 May 1837. AbdelKadir’s followers wanted him to take the title of Sultan but he refused and continued living in a tent. Although devoutly sufi muslim, he would employ Jews and Christians and put them in sensitive positions. Yet again the French were frustrated not satisfied with the Treaty of Tafna and in November 1839 reneged on the treaty and sent back General Desmichels but this time with specific instruction of scorched earth policy and behind the scene may a deal with the Berbers who hitherto supported AbdelKader. In 1842 AbdelKadir released his French captives because he did not have food to feed them and on 21 December 1847 he saw the futility of continuing the fight he surrendered to the French on the condition that he would be allowed to go to either Alexandria or Acre. On the documents evidencing his surrender he wrote: “And God undoes what my hand has done”. Needless to say the French refused to honour the terms of his surrender. AbdelKadir, his extended family and select number of close followers were shipped to France as captives!

After some seven years under house arrest in France during which some 25 members of his family and followers died (see memorial monument), and floods of representations, which included that of the poet Victor Hugo, and Lord Londonderry, for his release on 16th October 1852, President Louis-Napoleon Bonaparte released him and gave him a pension of 100,000 francs upon promising never again to be involved in Algeria. After a short stay in Bursa, current day Turkey, in 1855 he went to Amara District in Damascus where he stayed and died in 1883 aged 74. On his way to Damascus AbdelKhadir dropped to see Charles Henry Churchill at his residence in the village of Abey in the Chouf Mountains Lebanon. Charles Henry Churchill became very close friend of Abdelkhadir and later wrote a book dedicated to the humanity, courage, and nobility of the man.

The humanity, courage, and nobility of AbdelKader ibn Muhieddine attracted the attention and the honourary awards of the entirety of Europe, that of the Vatican, and more specifically that of Abraham Lincoln who sent him a pair of inlaid pistols that are now on display in the Algiers Museum. 

Abraham Lincoln's gift to AbdelKadir

What did AbdelKhader do to deserve this worldwide accolade? In 1860 he and his handful of surviving Algerian followers stood up against marauding Druse and other fanatics stirred up by the Ottoman that had nearly wiped out the Maronite Christian community in Mount, and Southern Lebanon, and were now moving to complete the job in Damascus, Syria.

This display of courage and humanity is the specific topic of the next blog (Part II).

• 

Tomb at Chateau d’Ambois of 25 members

Of AbdelKader’s retinue who died during

imprisonment .

A Grim Tale of a Diamond Ring- based on a true story

The 1995 annual party of the directors of Broken Hill Propriety (BHP) Pty Ltd was held at the original site where the company started its business at Broken Hill, (population 18517(2011) far west of New South Wales. What the town of Broken Hill is famous for is its richness of deposits of iron ore and being the home of the world biggest producer of iron ore, Broken Propriety Company Limited (BHP Ltd) which was incorporated in 1885. 

Some members of the Board wanted to celebrate their annual gathering by having some exclusive line of homemade cheeses, pate’, pickles, and other small goods delivered.  Such an order was made through a catering company in Sydney with specific instructions that the ordered goods had to be delivered by 10 am on the day of the meeting.  Three ladies (Jenny, Cathy, & Samantha) from the Headquarter of the catering company were entrusted with the specific task of personally delivering the ordered goodies and help in the setting up and presentation in the annex to the Boardroom where the meeting was to be held.  The goodies prepared, the ladies planned to leave early afternoon the day before the meeting.  The plan was to stop at Dubbo, a major central West town for an hour or two then continue the journey to Broken Hill arriving around 10 am some 2 hours before the end of the meeting.

At 3pm the day before the meeting the goodies with handpicked selection of fruits were neatly packed into near new Toyota Camry station wagon.  Samantha drove to the town of Orange where the ladies stopped for little rest after which Samantha continued driving till Dubbo a major town and centre some 500 kilometer from Sydney where they arrived just after 8 pm.  After some two hours rest at Dubbo and the Camry filled with petrol Cathy took over the driving with Jenny in the front seat and Samantha in the back seat.  The plan was for Samantha to get some rest and take over the driving after the town of Cobar some 230 kilometers.  The plan came to a catastrophic end when two kangaroos crossed over the road in front of the Camry.  Swerving at a speed of 110 kilometers per hour to avoid the kangaroos Jenny lost control and collided into eucalyptus tree that saw the Camry explode in flame.    Injured but still conscious hysterical Cathy managed to squeeze her way out through the window.  Likewise, screaming and equally hysterical Samantha, her face and hair singed by the flame managed to get out and run from the blazing Camry.      ‘Oh my God, oh my God, Jenny', Jenny screamed Samantha and Cathy looking at the blazing Camry.  All they could do was to shout and hug in the hope someone will drive by in either direction and extinguish the inferno. 

Some 30 minutes after the collision with Camry still in flame a farmer, Adrian, with his small pickup truck stopped to render help.  Pointing in the direction of the blazing Camry both Cathy and Samantha tearfully said:  ‘Jenny, Jenny, our friend in the front seat’ Adrian poured bottle of water over his head and got as close as he could to the Camry but the smoke and the intensity of the heat made it impossible for him to come closer than five feet.   Adrian could see that the glass of the front passenger window had almost melted and something was burning inside the Camry.  ‘I will drive few kilometers up the road where there is reception and call 000 to get some help both of you ladies are injured you need to be checked in a hospital’ said distressed Adrian.   Cathy and Samantha nodded their heads and hugged screaming ‘oh my God, oh my God dear Jenny’

Exactly one hour and ten minutes after the kangaroos crossed in front of the Camry ambulance and fire brigade from Dubbo arrived.  The Camry was still smouldering and small flames burning underneath the front passenger seat.   After getting close to the Camry with the fire hose in their hands the two firemen could smell the burning flesh and saw the charcoal black human skull and what appeared to be body covered in molten plastic and metal.  Both firemen stepped back waving to both Cathy and Samantha who were following them to get back.   ‘Oh my God how intense the flame must have been for this to happen’.  Trying to collect his thoughts the other fireman looked at the two ambulance officers shook his head and said: ‘I have never seen anything like it, charcoal black total incineration’.  ‘We’ll take the two ladies for observation to Dubbo Hospital and get the ‘Boys in Blue’ to come with their experts this is a coronal matter’ said the ambulance officer. 

At 7 am Jenny’s husband, Terry received call from Dubbo police station asking him to fly over to Dubbo for purpose of identifying deceased lady believed to be his wife.  

At 12 noon after seeing Cathy and Samantha at Dubbo Hospital, at the exact time the BHP Board was due to have finished its annual meeting Terry left Matthew with Cathy and Samantha, both sedated and weeping, and escorted with the police to the accident scene.  Faint smoke was still coming from the bottom front left hand side and the engine of the now unrecognizable wrecked Camry.  Masked investigating police officers were taking photos and writing reports as Terry was given a mask and walked toward the front left side of the Camry.  The left front passenger door and glass had melted.  Jenny was totally charred beyond recognition but as the two ambulance officers were making effort to remove her remains Terry recognized the diamond that was on the ring that he gave her on their tenth wedding anniversary.  The gold had melted but the diamond stone was still intact and sparkled.  ‘Oh my God it is Jenny" screamed Terry.

Post Mortem Report

Within a year from the date of Jenny’s incineration Terry wanted some answers and sought legal advice.  Foremost in his mind was answer to the question how could his wife Jenny became literally unrecognizable and the left front door and glass of the Camry simply melt.  What sort of temperature would make glass and metal melt and mix as mould?  The forensic report that was prepared for the Coroner made the observation and point that the only tissues from Jenny’s charred body that were recognizable as human tissues were samples taken deep from the liver and brain everything else including major bones were simply soot.   The report made the point that Jenny’s husband recognized the diamond that was embedded in molten 18 carat gold ring as being additional factor to her recognition and identification.  The report also pointed the fact that a temperature in excess of 800 degrees Celsius was required to melt steel metal and gold.

Police Report

Police engineers simply recognized that speed was not significant factor and that both Samantha and  Cathy tested negatively for alcohol or illicit substances.  Examination of the Camry by forensic engineers noted that other than basic faulty design factors involved in the manufacture of the Camry it was difficult to explain how the force of the impact would have caused the fuel tank to dislocate and end up under the front passenger seat.  The report also pointed to the fact that Jenny must have been sleeping and would not have had any opportunity to open the door and escape the inferno.  The possibility of Jenny being knocked out by the impact could not be ruled out.

Correspondence by Terry’s legal representative to Toyota Corporation Headquarter in both Australia and Japan seeking relevant design information and planning consideration that resulted in the manufacturing of the Camry fell on deaf ears.  Toyota Australia purportedly relied on Japan to provide the information and answer correspondence.  Responses were slow but it was apparent from the newer Camry models that came in subsequent years that engineering modifications were made to the design and stability of the fuel tank based on impact studies at various speeds conducted by Toyota engineers. 

Who could imagine a decision taken by the Board of BHP to pamper themselves with delicacies especially made and delivered from Sydney to be enjoyed at the Annual General Meeting at Broken Hill would result in Toyota Corporation reviewing the design of Toyota Camry vehicle?

Needless to say no mention was ever made of the one dead and other broken legged kangaroos that were lying at the side of the road for nearly 24 hours whilst all that activity was taking place few meters away.

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Centenary Anniversary of ANZAC & The Painful Facts

Centenary Anniversary of ANZAC &The Painful Facts

Anzac day - Gallipoli 2015

Its been some time since I have blogged, I found this one I wrote on the day of the Centenary Anniversary of Anzac Day. As Australia and New Zealand commemorate and reflect on the disastrous Gallipoli campaign which saw 8,709 Australian, and population comparable number of New Zealanders dead let alone the wounded and physically and mentally scared and crippled it is high time for both countries to highlight and underline the facts and live with the unpalatable historical reality. That reality is that neither the Australian nor the New Zealand troops whose sacrifice and heroism we celebrate were destined to fight the defunct Ottoman Empire Turks (Young Turks) in Gallipoli. 

The ships that carried them were destined and heading on their way to the Western Front in France to fight the Germans. Why Gallipoli? Simply some months earlier a flotilla of British ships on their way to Russia met their destiny whilst passing through the narrow Turkish Dardanelles. This knockout blow to the British caused the Westminster War Cabinet to go back to the drawing board and rethink its war strategy. The Australian and New Zealander ships were informed when they arrived to the port of Aden in Yemen. The ships were diverted to Egypt which was still British protectorate. 

After some six or seven weeks in Egypt the Australian and New Zealanders were ferried by boats through the Mediterranean and given incorrect landing navigational coordinate. More than 2,000 lost their lives on the first day. They had to carry their armours and make their way up steep terrain in full view of entrenched Turkish forces under the command of the tried and proven Young Turks Officers led by Mustafa Kemal, the father of modern Republic of Turkey.

https://en.wikipedia.org/wiki/Mustafa_Kemal_Atat%C3%BCrk

After the initial Turkish onslaught the Australian, New Zealanders, and British troops dug trenches and gave the Turks well deserved beatings often hand to hand with bayonets and machetes. Lone Pine became a well known battle landmark. But as Australia and New Zealand commemorate the centennial anniversary 25 April 2015 what exactly are they commemorating?

Had it not been for the disastrous Gallipoli campaign it would have been highly likely Mustapha Kemal would not have become the hero and dubbed Ataturk the ‘Father of the Turks’ and the founder of the modern Republic of Turkey. So in reality the ten or fifteen thousand Australian and New Zealanders, including the Prime Minister of both countries, and numerous dignitaries and military chiefs who went on this centenary occasion to commemorate those who lost their lives and whose remains are still scattered in the neatly decorated cemeteries, plagues and ANZAC Memorials are in fact and reality commemorating Mustafa Kemal defeat of not only the ANZAC forces but also his defeat of the Greeks at Sakarya in 1921 and Dumplupinar in 1922, the abolition of the Ottoman ‘Caliphate’ (Sultanate) and the declaration on 29 October 1923 the Republic of Turkey and him as President. Needless to say plus giving sizeable boost to the Turkish economy that is comparatively doing much better than the Australian economy.

In his later days Mustapha Kemal lost lot of his popularity and became reclusive before dying in 1938 aged 57. Besides being excellent military commander who was able to use his knowledge of the region and the Gallipoli peninsula, Mustapha Kemal was also compassionate man who was well aware of the pain caused to the families of those slaughtered and never returned to either Australia or New Zealand or Britain. 

In 1934 he was honoured with the title ‘Ataturk’, Mustapha Kemal made one of the best reconciliation speech ever to his Gallipoli foes, the Australians, the New Zealanders, and the British:

‘Those heroes who shed their blood and lost their lives… you are lying in the soil of a friendly country.

Therefore rest in peace.

There is no difference between the Johnnies and the Mehmets to us they lie side by side in the country of ours…

You, the mothers who sent their sons from far away countries, wipe away your tears.

Yours sons are now lying in our bosoms and are in peace.

After having lost their lives on this land they have become our sons as well’.

The exact words that are carved in stone at the ANZAC Cove Memorial at Gallipoli reads:

‘Those heroes from England, France, Australia, New Zealand and India who shed their blood…’

Kemal Atatürk Memorial inCanberra, Australia.

Greece & The European Union

Greece & The European Union

Whilst Greece currently struggles to put together the required sum to pay the interest on loans to the International Monetary Fund (IMF),  the European Central Bank and number of other lenders, (some of whom private lenders) decide what to do about continuing its membership of  The European Union. For the purpose of this blog, I thought it would be a worthwhile exercise to briefly look at history and go back to how Greece became a member of the European Union. I will summarize with an idea on how Greece can (arguably) move past the debt they are currently in.

Geographically Greece is a gateway to the Balkans and Russia. From the Russian perspective it is a gateway to Turkey and the Middle East. Let us go back almost two centuries to 1830 when the Ottoman Empire started to lose its grip on the Balkan in countries such Serbia, Croatia, Kosovo,
Montenegro, and Bulgaria.

Russia moved to fill the gap and expand its influence. However, Russian expansion to the Mediterranean through Greece was a sort of anathema for both Britain and France who were in the midst of the industrial revolution. Each country was vying for control of the sea with Napoleon and Nelson testing their flotilla and canons in the Mediterranean. It was a period of some 25 years before the opening of Suez Canal and the Mediterranean was simply the exclusive domain for Britain’s access to India.

When Russia moved to fill the Ottoman gap in the Balkans Britain and France, plus Austro Hungarian Empire rang their alarm bells. Greece was willing to ‘talk’ to Russia and that created what is referred to as the ‘Eastern Crisis’. Sultan Mehmet II in Istanbul was willing to do a deal to avoid Russian incursion and made alliance with France and Britain. The Sultan received support from Austro Hungarian Empire. The Crisis was averted but the tension remained. Whilst the Ottoman Empire is no longer in existence, the strategic importance of Greece and the Middle East in the 21st is  now even more greater than it was in the 19th century.

As a country Greece is full of ancient culture. Olympia is the site of the first Olympic Games which Greece last hosted this century for the 2004 Olympic Games. In the last half of twentieth and twenty first century, the Greek economy was always dependent on tourism and agriculture for its viability. Whilst number of major companies and multinational conglomerates moved or opened offices in Athens, Greece was no hub for economic growth. It lacked a boom in the industries like food manufacturing, agriculture, technology, equipment and machinery. This fact was well known to the major EU players the likes of Germany, and France. So one asks 'Is Greece important to the EU?'
I would say 'Yes'.

Whilst the players have changed; its neighboring country Turkey is the last remnant of the Ottoman Empire. It is for this reason, amongst others, the Mediterranean is still free from Russian navy and submarines. Now Vladimir Putin is ruling the White Bear and likely to be in the helm for some years to come, this ensures safety.On a side note, Russia is an exclusively Orthodox country likewise most of the Balkans and Greece.

The new Syriza government in Greece promised to take tough stand with EU about payment of interest on loan. This is to prevent default that could become a domino effect for other countries like Portugal, Ireland, and Spain. This feared Greek default is on interest payment only NOT on
interest and principle repayment to the IMF, World Bank and European Central Bank.

Some weeks ago in early April 2015, during IMF/World Bank spring meeting, the President of IMF/World Bank, Christine Lagarde, told the Greek Finance Minister, Yanis Varoufakis (former Economics Professor University of Sydney) that he needed to accelerate reform and that patience was running thin with the new Syriza government. Ms Lagarde wasted no time reminding Yanis Varoufakis that the European made huge commitments to supporting the Greek people and the Greek economy. In recent weeks the German finance minister had been most vocal especially when Yanis Varoufakis said that Germany still owed Greece substantial sums in reparations that date back to the damage it caused Greece during the Second World War.

Christine Lagarde- French Lawyer and Managing Director of the International Monetary Fund since July 2011.

So what are the real options to make Greece economically viable? In my opinion, and am sure others, the first option is for the International Body responsible for the Olympic Games to meet, vote, and approve a motion granting Greece the exclusive rights to host all, if not all, the next 25 Olympic Games in Olympia. Far fetched? I would say No. Ideally, I would suggest for the next one hundred years Greece has the exclusive right to hosting the Olympic Games. That will certainly give Greece much needed economic lifeline. After all, the Olympic Games is the exclusive domain of Greece. If not legally, certainly morally and historically. If this fails then the next obvious option is for the Greek Prime Minister, Alexis Tsipras, to become close to Vladimir Putin Russia and try to ignite the long forgotten ‘Eastern Crisis’. If that were to happen in 2015, I will be very much interested in the dialogue between Christine Lagarde when she meets Yanis Varoufakis.

As always, I'd like to hear your thoughts-feel free to comment and share your own opinion on this topic.