'Milkshake murder' conviction quashed by HK court

Asian Defense News: HONG KONG (AFP) - – Hong Kong's top court on Thursday quashed the conviction of American woman Nancy Kissel for drugging and bludgeoning her banker husband to death, one of the city's most sensational murder cases.
Kissel was dubbed the "milkshake murderer" and sentenced to life in prison in 2005 after being convicted of giving her high-flying husband, Robert, a sedatives-laced strawberry milkshake and then clubbing him to death with a lead ornament in 2003.
"The court unanimously allows the appeal, quashes the conviction and orders a re-trial," Chief Justice Andrew Li said.
The 45-year-old's three-month trial featured a heady mix of adultery, violence, spying, greed and enormous wealth, gripping the former British colony and even inspiring books and films.
Grisly details emerged in the trial, including that Kissel rolled up her husband's body in a carpet and left it in the bedroom of their luxurious apartment for days before hiring workmen to carry it to a storeroom.
"Mrs Kissel killed Mr Kissel. That much is not in dispute. But was the killing certainly murder or might it have been in self defence?" the court said in its judgment.
The court said it was clear that Kissel concealed her husband's body after the killing.
"But is it certain that she did that to hide a murder? Or might it be that she panicked and tried to hide the fact of the killing even though it had been in self-defence?"
The question is "whether such a jury would inevitably feel sure that Mrs Kissel was lying from start to finish and that she had planned and carried out a coldly calculated murder."
The court, which also held that the prosecutors had made "grossly prejudicial and quite improper" submissions at the trial, ordered Kissel be remanded in custody pending a bail hearing.
Simon Clarke, Kissel's lawyer, told AFP that they were considering asking for a permanent stay of proceedings on the grounds that it would be impossible for Kissel to have a fair trial following media coverage of the case.
"Basically, we are saying "Can the 'milkshake murderer' get a fair trial in Hong Kong?" Probably not," Clarke said.
Kissel could walk free if the court granted the request.
The lawyer added that his client was "psychologically injured by the whole process" and had not decided whether to apply for bail before the re-trial.
Kissel, who wept both before and after the ruling, was "elated', her friends said.
"She's very very happy," her friend Nancy Nassberg told reporters outside court.
"Justice has been served. It's what it should have been a long time ago," said Geertruida Samra, who testified for Kissel at the trial.
Prosecutors had claimed Michigan-born Kissel stood to gain up to $18 million in insurance payouts from the death of her husband, a senior investment banker at Merrill Lynch.
The prosecution also argued that Kissel, a mother-of-three, wanted to take her husband's money and run away with a TV repairman with whom she admitted having an affair in the United States.
Kissel admitted from the witness box that she killed her husband but claimed she was acting in self-defence after he attacked her with a baseball bat on the night of the murder.
She painted herself as a loving but long-suffering wife who had been subjected to regular violent attacks by a husband who abused cocaine and alcohol.
Kissel's last appeal was dismissed in 2008 by the Court of Appeal, which ruled that the case was "as cogent a case of murder as might be imagined."
Robert Kissel's family suffered a further tragedy in 2006, when his brother Andrew was found murdered in his house in Connecticut, bound and with multiple stab wounds. He was reportedly about to plead guilty to bank fraud charges.
The double tragedy inspired the book "Never Enough" by American author Joe McGinniss, who is most famous for his best-selling debut about the 1968 election campaign of Richard Nixon, "The Selling of the President".
It also led to the production of US television movie "Killing Mr Kissel".

(AFP - Friday, February 12)

Australia cyber attacks could last 'months': hackers

Asian Defense News: SYDNEY (AFP) - – A shadowy group of cyber-activists who succeeded Thursday in jamming key Australian government websites for a second consecutive day warned they could shut down the sites for months.
The group, Anonymous, blocked the main government website http://www.australia.gov.au/

and http://www.aph.gov.au/, the Australian parliament's homepage, for a second day running in protest over controversial plans to filter the Internet.
Codenamed "Operation: Titstorm", the hacking campaign involves hundreds of people from around the world and used a technique called Distributed Denial of Service to jam web traffic, one of the protesters said.
"It is effectively a lot of computers around the world all trying to access the same sites all at once making so that no one can access them," the activist, who calls himself Coldblood, told AFP.
"I believe that the government websites will remain down as long as we can keep them down. That could be anywhere from a few hours to a few months at the most," he added.
Coldblood, who would reveal only that he was based in Europe, said the campaign would last "as long as the individuals that make up Anonymous decide that action needs to be taken to protect the freedom of the internet."
Anonymous has previously campaigned against the Church of Scientology and helped get information out of Iran during last year's election unrest.
Coldblood said its members wished to "keep the internet a place that is open and available to everyone without censorship".
"Titstorm" follows Australia's announcement in December that it plans to introduce a sweeping national Internet filter blocking access to sites featuring material such as rape, drug use, bestiality and child sex abuse.
Close to 1,000 people from across the globe were believed to be involved in the campaign, which Coldblood said "allows us to impact something as large as a government with a handful of people.
"Going through the official channels you just get pushed aside, this way they have to listen," he said.
"I believe it won't completely get the government to remove the filter they are planning on, but as long as something changes -- for example the list (of banned sites) being made public -- we will have succeeded anyway."
Canberra has condemned the cyber-attacks as irresponsible and not a legitimate form of political protest against the filter, which is opposed by Internet groups and the pornography industry.
Search engine Google has said it could block harmless material on areas of legitimate debate such as euthanasia, sexuality and terrorism.

(AFP - Friday, February 12)

Thailand to deport crew of NKorean weapons plane

Asian Defense News: BANGKOK – Thai prosecutors dropped charges against the five-man crew of an aircraft accused of smuggling weapons from North Korea, saying Thursday the men might be guilty but would be deported to preserve good relations with their home countries.
The Attorney General's Office said the decision was made after the governments of Belarus and Kazakhstan contacted the Thai Foreign Ministry and requested the crew's release so they can be investigated at home.
"To charge them in Thailand could affect the good relationship between the countries," said Thanaphit Mollaphruek, a spokesman for the Attorney General's Office. "We have decided to drop all the charges and deport them."
The decision is likely to spark international criticism. The weapons' ultimate destination remains a mystery, though Thailand has said it may have been Iran. Experts have also voiced concern that authorities in the former Soviet republics have turned a blind eye to illicit activities of air freight companies that use Soviet-era planes to fly anything, anywhere for a price.
The crew was arrested Dec. 12 when the Ilyushin Il-76 cargo plane they were flying from the North Korean capital Pyongyang landed in Bangkok. Thai authorities, acting on a tip from the United States, found 35 tons of weapons on board _ a violation of U.N. sanctions against North Korea.
"To charge them in this case would not be a benefit to Thailand," Thanaphit told a news conference, saying the men had planned to transit the weapons through Thailand and had no intention of using them in the country. "They were only here for refueling."
The U.S. Embassy had no immediate comment, spokeswoman Cynthia Brown said.
The crew _ four Kazakhs and a Belarusian _ left the prison where they were being held Thursday evening. They were to be turned over to immigration police who would arrange their deportation, said lawyer Somsak Saithong.
The U.N. imposed sanctions in June banning North Korea from exporting any arms after it conducted a nuclear test and test-fired missiles. North Korea is believed to earn hundreds of millions of dollars every year by selling missiles, missile parts and other weapons to countries such as Iran, Syria and Myanmar.
The crew has denied knowledge of arms aboard the plane, which Thai authorities say included explosives, rocket-propelled grenades and components for surface-to-air missiles. The crew says they believed they were carrying oil-drilling equipment.
"We are not saying that they're not guilty, just that we will not indict them in Thailand," Kayasit Pissawongprakan, director-general for the Attorney General's criminal litigation division, told reporters.
Hugh Griffiths, a researcher at the Stockholm International Peace Research Institute, said it is unlikely the men will be prosecuted in Kazakhstan.
"There have been very, very few prosecutions for brokering arms or transporting arms to or from embargoed destinations. Certainly there have been none in Kazakhstan," he said.
"It would be a first for the Kazakh authorities to prosecute anyone associated with those air cargo companies that are registered by their authorities, which have been documented again and again in United Nations sanctions committee reports," he said.
The crew was initially charged with five counts relating to illegal arms possession, but Thai authorities had repeatedly said the charges were expected to be stiffened once an investigation wrapped up.
In recent weeks, however, the tone from Thai authorities changed.
Foreign Minister Kasit Piromya indicated earlier this month that the men would be released, saying the government had "suggested to the office of the Attorney General to release them because the U.N. resolution does not oblige Thailand to ... bring up charges on the pilots and the crew."
A Thai government report to the U.N. Security Council leaked to reporters in late January said the aircraft was bound for Tehran's Mahrabad Airport.
But Thai government spokesman Panitan Wattanayarkorn subsequently said "to say that the weapons are going to Iran, that might be inexact."
Iran's Foreign Ministry has denied the weapons were destined for Iran, saying it has no need to import such arms because of its own sophisticated weapons production capability.
Investigations by The Associated Press in several countries showed the flight was facilitated by a web of holding companies and fake addresses from New Zealand to Barcelona designed to disguise the movement of the weapons.

(By JOCELYN GECKER,Associated Press Writer - Friday, February 12)

Rio Tinto voices concern over China trial

Asian Defense News: SYDNEY (AFP) - – Rio Tinto voiced concern Thursday after China said it will try four staff on industrial espionage charges, reviving jitters about the potential pitfalls for foreign companies doing business with Beijing.
Australia urged China to show transparency in its handling of the trial of Australian executive Stern Hu and three Chinese colleagues who were arrested in Shanghai seven months ago.
Beijing insisted the case would be handled by the book and that it would "fully guarantee" the rights of the employees, but said the trial was likely to be held behind closed doors.
Their detention in July came during fractious iron ore contract talks which later lapsed and just weeks after Anglo-Australian giant Rio Tinto snubbed a near 20-billion dollar cash injection from a state-run Chinese company.
Analysts said business leaders would keep a close eye on the proceedings to gauge the pitfalls of engaging with China, the world's top exporter whose breakneck growth defied the global slowdown.
"We are very concerned about the nature of these charges, however, as this is part of an ongoing legal process, it is inappropriate to comment any further," Rio Tinto's iron ore division chief Sam Walsh said in a statement, calling for "transparent and expeditious" resolution of the case.
Rio Tinto, the world's third biggest miner, has previously said it was not aware of any wrongdoing by its employees, who have been charged with bribery and stealing trade secrets. Related article: Rio profits soar 33%
No trial date has been announced but a Chinese court official said the case could begin by the end of the month at the earliest.
"We continue to emphasise to the Chinese authorities the need for the case to be handled transparently and expeditiously," said a spokesman for Australian Foreign Minister Stephen Smith.
The four are accused of using their "positions to obtain benefits for others and on many occasions solicited or accepted bribes," China's state Xinhua news agency said late Wednesday.
Xinhua said they had also "on many occasions obtained the trade secrets of Chinese steel companies, leading to serious consequences for the relevant steel companies".
The case briefly snarled diplomatic ties between Beijing and Canberra, which have become major trading partners as China seeks commodities and energy to feed its rapid industrialisation.
"I think the business community will try to talk as if the Stern Hu situation is a unique one, but I they will realise that it's more than that," said John Lee, fellow of the Centre for Independent Studies think-tank.
"It's a commentary on the general risk of doing business with China."
At the time of the arrest of the four in July, analysts warned that the case would make international firms more cautious in their dealings with the world's third largest economy.
China needs iron ore for its massive steel industry, which with annual output of almost 570 million tonnes last year is the world's biggest.
A spokeswoman for Shanghai's Number One Intermediate People's Court said the trial was likely to be held behind closed doors.
"The case involves infringing commercial secrets, so the trial is unlikely to be open to the public," she told AFP. "If it is decided to be a closed-door trial, no media will be allowed."
Foreign ministry spokesman Ma Zhaoxu said China would handle the case "according to China-Australia consular agreements and relevant international conventions."
"The rights of the defendants will be fully guaranteed," he added.
A lawyer for one of the accused told AFP the trial was likely to be held in February or March. Wang Yong, Ge Minqiang, and Liu Caikui are the three Chinese nationals involved.
Analyst Lee, who has personally investigated the case, said Hu had little chance of being acquitted and expected a sentence of five to seven years.
"The mere possession of the information that Stern Hu had is illegal. I think there's no prospect of finding him innocent," he said.
Australian Deputy Prime Minister said Hu and his family were being provided with consular assistance.
"I don't want to speculate on the timing of the trial of Mr Hu and I certainly don't want to speculate on any matters which might occur during the trial."
(AFP - Friday, February 12)

2 blasts in NW Pakistan wound police officers

Asian Defense News: PESHAWAR, Pakistan – Police say two explosions in a northwest Pakistani city have wounded several police officers.
Police official Saleem Khan says the blasts went off minutes apart Thursday near a police facility in Bannu, a town near Pakistan's tribal belt.
The exact nature of the explosions was unclear, and no militant group immediately claimed responsibility.
However, the explosions follow a suicide bombing that killed 17 people _ most of them police _ in the Khyber tribal region on Wednesday.
Pakistan has waged an army offensive against Taliban fighters in the tribal areas, while the U.S. has pursued the militants with missile strikes.

(By RIAZ KHAN,Associated Press Writer - Friday, February 12)

Hope fades as Afghan avalanche toll hits 171

Asian Defense News: KABUL – Using bulldozers, shovels, and satellite images, rescue teams dug through mounds of snow Thursday searching for victims of an avalanche disaster in Afghanistan as the death toll rose to 171 and the hope of finding more survivors faded.
Some 3,000 people have already been rescued from the snowbound, 12,700-foot (3,800-meter) -high Salang Pass, which is the major route through the Hindu Kush mountains that connects the capital to the north.
Public Works Minister Suhrab Ali Safari said five more bodies were discovered Thursday on the pass, 70 miles (115 kilometers) north of the capital, bringing the total to 171. It was unclear how many more bodies may be buried in the snow.
Sniffer dogs, usually used in de-mining efforts, were brought in to help rescuers locate more victims as satellite imagery pinpointed eight more vehicles buried deep in the mountain gorge, he said. However, fresh snowfall and darkened skies brought a halt to efforts for the day, though the rescue operation is "not yet finished," he said.
Defense Ministry official Ahmad Zia Aftali said the Afghan side plans to ask the international coalition for additional equipment, including metal detectors, to aid the search. He said they did not expect to find anyone still alive.
Hundreds of soldiers and police plowed through huge snowdrifts to clear the 2 miles (3.5 kilometers) of road that had been blocked off when a series of avalanches Monday sent tons of snow and ice crashing down onto hundreds of vehicles along a treacherous stretch of highway.
The avalanches had pushed vehicles hundreds of feet (meters) from the road and covered them so it was likely there were still many cars submerged in snow that they had not reached, Aftali said.
Though the road has now been cleared, it remains closed to the public to allow for emergency efforts, Aftali said. The highway that winds through the mountainside remains littered with abandoned or snow-packed cars.
Interior Ministry spokesman Zemari Bashary said late Wednesday that the rescue operation was "95 percent over."
He said some of the victims were found frozen to death inside their vehicles. Other bodies were strewn along the road. He said about 125 people were given medical treatment at provincial hospitals.
The avalanches have closed off the 1.6 mile (2.6 kilometer)-long Salang Tunnel, a Soviet-built landmark dating from the 1960s, and the roads on both sides.
The casualty toll makes this perhaps the deadliest disaster to occur along the Salang Pass. Last year, avalanches claimed nearly a dozen lives.
(By AMIR SHAH,Associated Press Writer - Friday, February 12)

New aviation gallery to open at Changi Airport’s Terminal 2 on Fri

Asian Defense News: SINGAPORE : A new aviation gallery at Changi Airport’s Terminal 2 opens on Friday.
The gallery has interactive displays designed to intrigue both young and old.
Visitors can also get insights into the airport’s ground operations.
One highlight is the more than 600 miniature aircraft hanging from the ceiling, to show the number of flights handled at the airport daily.
Admission is free and the gallery is open 24 hours.
Foo Sek Min, executive vice—president, Airport Management, Changi Airport Group, said: "We have noticed that more and more Singaporeans are visiting Changi Airport as a destination. They are not travellers, but they come here over the weekends with their families, as dating couples, as students studying, and they visit Changi Airport.
"And we thought that we would engage them further by bringing a bit of Changi Airport’s history and Singapore’s aviation history to this place." — CNA/ms

(Channel NewsAsia - Friday, February 12)