Appeal over death driver ruling

Aso Mohammed IbrahimIbrahim had two children after his release from prison
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David Cameron has spoken of his anger at a tribunal ruling preventing the deportation of a failed asylum-seeker who left a girl dying under a car.

The prime minister said he hoped the UK Border Agency would successfully appeal against the ruling on Iraqi Kurd Aso Mohammed Ibrahim.

Ibrahim, 33, was jailed for four months after knocking down Amy Houston in Blackburn in 2003.

He was told on Thursday he could remain in the UK as he had children there.

Mr Cameron said: “My personal response is one of great anger that this is allowed to happen.

“Here we have an Iraqi asylum seeker convicted of an offence that led to the death of a child and yet we are being told that there is no way that this person can be deported to Iraq.”

Ibrahim was convicted of driving while disqualified and failing to stop after the accident. He also had a string of previous convictions.

He had two children after his release from prison.

Paul and Amy HoustonAmy Houston died in hospital after the crash

Amy’s father Paul, 41, from Darwen in Lancashire, has conducted a seven-year legal battle to have him deported.

Last month he urged immigration judges to bring his “years of hell” to an end.

But two senior immigration judges at the Upper Tribunal of the Immigration and Asylum Chamber, sitting in Manchester, rejected the appeal after hearing lawyers claimed the Human Rights Act permitted him to remain in the country on the grounds of his right to life and to family life.

Mr Houston said the decision was perverse and said it showed the Human Rights Act worked in favour of criminals over victims.

Mr Cameron said Iraq should not be seen as a country to which it is too dangerous to deport people.

“Britain has spent billions of pounds and lost many, many very good people – some killed, some wounded – to make Iraq a safer, more stable country,” he said.

“We should not be in a position where, having done all these things, we are simply told it is not possible to return a person there.”

Mr Cameron said the European Convention on Human Rights said nothing about deportation, and that legal interpretations by judges and lawyers sometimes “fly in the face of common sense”.

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Is music without notes still music?

Listen to Frank Zappa, the BBC Symphony Orchestra and others perform John Cage’s “silent” piece 4’33”.

Why have different musicians recorded a piece of music with no notes? This slideshow tells the story of Cage’s infamous, and much performed, work. The first 20 seconds are, appropriately, silent.

To see the enhanced content on this page, you need to have JavaScript enabled and Adobe Flash installed.

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Madoff beneficiary returns $7bn

Bernard MadoffMadoff is serving a 150-year jail term for his massive fraud
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The widow of a businessman who had been the single-largest beneficiary of Bernard Madoff’s colossal Ponzi scheme has agreed to return $7.2bn (£4.5bn).

Barbara Picower said Madoff’s fraud was “deplorable” and promised to return money accrued over 35 years of investing with Madoff.

The trustee recovering Madoff’s bogus profits filed court paper’s on Friday formalising the settlement.

Florida businessman Jeffry Picower drowned after a heart attack in 2009.

US Attorney Preet Bharara called the settlement a “game changer” for Madoff’s victims, many of whom lost their life savings.

The $7bn amounts to about one-third of the money investors’ lost in the scandal.

Mrs Picower said: “We will return every penny received from almost 35 years of investing with Bernard Madoff.

“I believe the Madoff Ponzi scheme was deplorable and I am deeply saddened by the tragic impact it continues to have on the lives of its victims.

“It is my hope that this settlement will ease that suffering,” she said.

Mr Picower, who was 67 when he died in his swimming pool, was one of Madoff’s oldest clients.

The money was supposedly made on share trading, but investigators said that in reality it was simply stolen from other investors.

The Picower estate’s lawyers claimed he knew nothing about the fraud, but victims’ lawyers argued that he must have known that the investment returns were “implausibly high”.

Mrs Picower said in a statement that she was “absolutely confident that my husband Jeffry was in no way complicit in Madoff’s fraud”.

Madoff admitted last year to defrauding thousands of investors through a Ponzi scheme, which paid out using new investors’ money rather than from any profits.

The scheme, which had been running since the early 1990s, unravelled when Madoff’s investors tried to withdraw about $7bn at the height of the economic downturn. Madoff could not produce the money.

Madoff is serving 150 years for the fraud.

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UN to probe Haiti cholera source

United Nations Secretary General Ban Ki-Moon

Ban Ki-Moon: “We want to make the best effort to get to the bottom of this and find answers that the people of Haiti deserve”

The United Nations has set up an independent panel to investigate the source of cholera in Haiti.

The move comes after accusations that UN peacekeepers from South Asia introduced the disease to the poverty-stricken country.

The UN has previously denied any connection.

More than 2,000 people have died and thousands more have been infected by cholera in Haiti since the outbreak began in October.

UN Secretary General Ban Ki-Moon said the scientific panel was necessary to “find answers that the people of Haiti deserve”.

“There are several theories of the origins of the cholera outbreak in Haiti – not all reports have reached the same conclusion,” he said at a news conference on Friday.

“There remain fair questions and legitimate concerns which demand the best answers that science can provide,” he added.

He said the panel would be “completely independent” and have full access to UN premises and personnel.

Nepalese peacekeepers became the object of local suspicion partly because cholera is very rare in Haiti but endemic in Nepal.

In November, the US Center for Disease Control found that the cholera strain in Haiti most closely resembled a South Asian strain.

A leaked study by epidemiologist Renaud Piarroux on behalf of the French and Haitian governments also suggested the strain had been imported from South Asia.

Sources who saw the report said it had evidence the outbreak was caused by river contamination by Nepalese troops.

But Mr Ban said that initial reports by the UN suggested that peacekeepers from Nepal were not responsible.

The Nepalese army denies the accusation, but said earlier this month that soldiers were not tested for cholera before they went.

The UN has said that health officials now estimated that 650,000 people in Haiti could become infected with cholera over the next six months.

Nearly 100,000 people in the country have already contracted the disease.

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Scores die in Khyber drone raids

Map

At least 10 suspected militants have died in the second strike in as many days by US drones in Pakistan’s Khyber tribal district, local officials say.

The missiles, fired from unmanned drones, hit houses in the villages of Speen Drang and Shandana, in the Tirah Valley, the officials said.

An unmanned aircraft strike killed five militants in the valley on Thursday.

Such drone strikes are credited with killing many top militants, but have roused Pakistani nationalist anger.

There have been more than 100 attacks by pilotless US aircraft in 2010, the majority of them in North Waziristan.

Pakistan publicly criticises drone attacks, saying they fuel support for militants.

But analysts say Pakistani officials privately condone and probably provide intelligence for such strikes.

Pakistan’s military has launched offensives in parts of the north-west, but the insurgents continue to mount attacks.

The US military and the CIA do not routinely confirm that they have launched drone operations, but analysts say only American forces have deployed such aircraft in the region.

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McCartney comes to 100 Club’s aid

Sir Paul McCartney on stage at the 100 ClubIt is the first time Sir Paul has played the central London venue
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Sir Paul McCartney has performed an intimate lunchtime gig at the 100 Club on London’s Oxford Street, a historic music venue threatened with closure.

Around 300 fans were treated to a set lasting almost two hours, comprising songs by the Beatles, Wings and from Sir Paul’s solo back catalogue.

It was the smallest gig the star has played in the UK for nearly 10 years.

He was met with cheers when he said: “Please Mr 100 Club, try and keep it open because it’s a really cool place.”

The club, which began life as a restaurant in the 1940s, has played host to the Sex Pistols, the Rolling Stones and Metallica down the years.

But rising rent in the centre of London has pushed the venue into the red. Unless a new buyer or sponsor is found, the club could close before the year is out.

A campaign to keep the 100 Club open has attracted support from Primal Scream’s Bobby Gillespie and Sir Mick Jagger.

Fellow Rolling Stones member Ronnie Wood played a benefit gig for the venue earlier this month.

Arriving on stage a few minutes later than expected, Sir Paul joked with fans that he had been stuck in traffic.

He then asked: “So, who wants to save the 100 Club?”

SET LISTMatchboxMagical Mystery TourJetDrive My CarAll My LovingOne After 909Hi Ho SilverLet Me Roll ItThe Long and Winding Road1985Maybe I’m AmazedDon’t Let the Sun Catch You CryingBlackbirdCalico SkiesI’m Looking Through YouAnd I Love HerDance TonightEleanor RigbyHitch HikeBand on the RunOb-La-Di, Ob-La-DaLet It BeHey JudeYesterdayGet BackSgt Pepper’s Lonely Hearts Club Band

“He can’t possibly be getting anything from this financially,” said Myrelle Morris from east London.

“So he’s obviously doing this just to help keep the club going and get people interested in its history and its future.”

The £60 tickets had sold out in minutes and were rumoured to be changing hands online for thousands of pounds.

The lucky holders who had queued outside in snow showers were rewarded with some of the biggest hits in the Beatles’ back catalogue

The gig kicked off with Magical Mystery Tour, Drive My Car and All My Loving.

Sir Paul continued with Wings hits Band on the Run and Jet, as well as such solo tracks as 2007’s Dance Tonight.

“It was amazing, it felt like a dream seriously,” fan Rafik Mediene told the BBC News website after the event.

“Never in my life did I think that I would see Paul McCartney like this. It’s going to take me a few years to get over it.”

Songs like Ob-La-Di, Ob-La-Da and Hey Judge inevitably had the crowd singing along.

And Sir Paul’s solo acoustic versions of Blackbird and Yesterday were almost hidden from view due to phones and cameras being held aloft.

Between songs Sir Paul joked that “it was like being in an end-of-term school play”.

The gig was something of a warm-up for the 68-year-old, due to play two Christmas gigs in Liverpool and Newcastle later this month.

Yet if he was nervous playing one of his most intimate gigs for more than a decade he did not let it show.

Sir Paul McCartney on stage at the 100 ClubThe small venue holds just 350 people

“People used to give us fag packets to sign back in the old days,” Sir Paul told the audience. “This bloke’s just said, ‘Can you sign my iPad?'”

The gig was rounded off by a rendition of Sgt Pepper’s Lonely Hearts Club Band before Sir Paul’s plea to save the 100 Club.

Matthew Willgress from north London said: “It’s a great place, I didn’t know it was here.

“Some other pubs and clubs round here have shut because of the new Crossrail station – it would be shame to lose another one.”

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Government sets prison vote limit

breaking news
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The government has announced that prisoners serving less than four years will be eligible to vote.

But the Cabinet Office statement said all offenders sentenced to four years or more would automatically be barred from registering to vote.

The decision comes after a European court ruling which the government is obliged to implement.

Meanwhile a man serving life for raping and murdering a seven-year-old niece lost an appeal over his right to vote.

Under the changes, the sentencing judge will be able to remove the right to vote from some prisoners sentenced to less than four years.

Mark Harper, Minister for political and constitutional reform, said proposal was “not a choice, it is a legal obligation”.

“We are ensuring the most serious offenders will continue to be barred from voting.

“If the government failed to implement this judgement, we would not only be in breach of our international obligations but could be risking taxpayers’ money in paying out compensation claims,” he said.

Five years ago, the European Court of Human Rights (ECHR) ruled the UK’s long-standing voting ban was unlawful.

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Spider-Man show opening put back

Spider-Man star Reeve CarneyReeve Carney plays Peter Parker/Spider-Man in the $65m (£42m) musical
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The opening night of the new Spider-Man musical on Broadway has been delayed a month due to “unforseeable setbacks”.

Producers have pushed the official first night back to 7 February to allow the cast and crew more time to prepare.

“It has become clear that we need to give the team more time to fully execute their vision,” lead producer Michael Cohl said in a statement.

The show has been beset with problems, including a lead actor getting injured during a preview show.

Natalie Mendoza, who plays “spider goddess” Arachne, was hit in the head by a rope and suffered a concussion during the first performance on 28 November.

The start of previews had previously been delayed five times because of technical glitches.

“I have no intention of cutting a single corner in getting to the finish line,” Mr Cohl said in a statement.

A spokesman for the show would not disclose which elements of the musical still need work.

The $65m (£42m) production – the most expensive ever staged on Broadway – features music written by Bono and The Edge of U2.

It has a 41-member cast, 18 orchestra members, several complicated sets and 27 daring aerial stunts.

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Woman held in Malaysia drugs raid

Shivan OrtonShivan Orton runs a resort in an area popular with backpackers
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A mother-of-two from Wales has been arrested in Malaysia after police said they found drugs at a resort she runs with her husband.

The Foreign Office understands no charges have yet been brought against Shivan Orton, from Harlech, Gwynedd, or her husband Abdul Harris Fadilah.

But if found guilty of drug offences, they could face the death penalty.

Police are said to have found drugs worth more than £15,000 including heroin, ecstasy and amphetamine.

The couple’s home in Cherating, an area popular with backpackers, was raided on 13 December.

The couple, who have sons aged 14 and 16, are being held at a police station in Terengganu state.

The Reverend Bob Hughes is the former vicar of St Tanwgs Church in Harlech and knows the Orton family well.

He said: “I can imagine people being very shocked but also deeply sympathetic.

“Clearly we would want to know more facts before passing any kind of judgment because there have been so many examples of people having drugs planted on them, and this kind of thing.”

A spokesperson for the Foreign Office in London said it was providing consular assistance.

He added that the UK government was “completely opposed to the use of the death penalty in all circumstances, and we will continue to work on its abolition worldwide”.

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Immigration cap move ‘unlawful’

Airport arrivals signMinisters say they are “firmly committed” to reducing levels of net migration
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A temporary cap on the number of skilled workers from outside the EU allowed into the UK was introduced “unlawfully”, the High Court has ruled.

Home Secretary Theresa May introduced the cap this summer as an interim measure ahead of a permanent cap.

But a legal challenge to it was upheld with judges ruling that ministers had “sidestepped” Parliamentary scrutiny.

The Home Office said this did not imperil its flagship immigration policy but Labour said it was in “chaos”.

The BBC’s Home Affairs Correspondent Danny Shaw said the ruling was an embarrassment and a setback for the coalition but was not a fatal blow to its plan for a permanent cap on non-EU migration.

The ruling has nullified the current temporary cap, meaning it is no longer in force.

But ministers can introduce a new cap when Parliament returns in January. This would come into effect immediately but MPs and peers would be able to challenge it within 40 days, the BBC understands.

Prime Minister David Cameron has said current immigration levels are not sustainable and called for net migration – the difference between the number of people entering the UK and those emigrating – to be reduced from nearly 200,000 a year to “tens of thousands”.

As a first step, ministers introduced a temporary cap for non-EU skilled workers of 24,100 a month in June, in line with a Conservative election commitment.

“We will do all in our power to continue to prevent a rush of applications before our more permanent measures are in place”

Damian Green Immigration Minister

But the measure was challenged by the Joint Council for the Welfare of Immigrants (JCWI) and English Community Care Association, which was concerned over the position of immigrant care workers.

In Friday’s ruling, Lord Justice Sullivan and Mr Justice Burton concluded that the home secretary had not gone through the proper parliamentary procedures before implementing the cap – which took effect without a vote in Parliament.

“The secretary of state made no secret of her intentions,” they stated. “There can be no doubt that she was attempting to side-step provisions for Parliamentary scrutiny set up under provisions of the 1971 Immigration Act and her attempt was for that reason unlawful.”

As a result, it said no lawful limits were now in place for two tiers of job applicants from abroad.

The English Community Care Association said the temporary cap – which reduced by 5% the number of non-EU work visas issued – could have a potentially “catastrophic” effect on the care sector.

As 13% of those who work in care homes come from outside Europe, it said thousands of staff from the Philippines, India and South Africa could be forced to quit their jobs and this could damage continuity of care.

Vacancies created would not be filled by British staff, it said, as there was not sufficient demand for the jobs.

It argued the cap had been introduced with “complete disregard” for care providers and their staffing needs.

In response, the Home Office said it was still “firmly committed” to reducing levels of net migration.

“I am disappointed with today’s verdict,” Immigration minister Damian Green said, stressing ministers would launch an appeal if “there were grounds” to do so.

“We will do all in our power to continue to prevent a rush of applications before our more permanent measures are in place,” he added.

But Shadow Home Secretary Ed Balls, for Labour, said the policy “may have sounded good before the election but it wasn’t properly thought through and didn’t get the scrutiny it deserved”.

He added: “David Cameron’s flagship election promise to bring net migration down to the tens of thousands has now been watered down from a firm pledge to just an aim.”

The level at which the permanent cap will be set has been a source of tension within government, with Lib Dem ministers calling for the regime to be flexible as possible so as not to prevent firms from being able to recruit highly skilled labour.

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Pressure mounts on Gbagbo to quit

Fire burning in street

Supporters of Alassane Ouattara had planned to march on the offices of state TV, which has praised Laurent Gbagbo

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Supporters of one of the two rival presidents in Ivory Coast say they intend to take to the streets again, a day after gun battles in the main city of Abidjan left at least 20 dead.

On Thursday Alassane Ouattara’s backers tried to march on the headquarters of state TV, but clashed with troops loyal to his rival, Laurent Gbagbo.

Each man claims to have won last month’s presidential election.

The UN Security Council has expressed deep concern over the violence.

It warned that all sides would be held accountable under international law for any attacks against civilians, as fears rose the country could slide back towards civil war.

Rival presidents

Left: Laurent Gbagbo Right: Alassane Ouattara

Laurent Gbagbo (left): 65-year-old former history teacher, southern Christian; president since 2000; backed by security forces

Alassane Ouattara (right): 68-year-old economist, northern Muslim; prime minister 1990-1993; backed by former rebels, UN, African leaders and the West

Q&A: Ivory Coast election crisis

Mr Ouattara has been staying at a hotel in Abidjan since the disputed polls.

His supporters, including his nominated prime minister Guillaume Soro, were trying to leave the hotel compound and march to the TV station on Thursday when fighting broke out.

A spokeswoman for Mr Gbagbo said 10 protesters and 10 members of the security forces had died.

Officials from Mr Ouattara’s camp put the number of dead at 30 or more.

Most of the violence was reported in Abidjan, but on Thursday afternoon it appeared to be spreading, with reports emerging of unrest elsewhere.

Former rebels from the New Forces fighters – who back Mr Ouattara – apparently tried to storm positions held by the military near the town of Tiebissou, just south of the ceasefire line agreed in 2003 to end the country’s year-long civil war.

The sides exchanged fire and civilians fled the town, reports say, but there were no confirmed casualties.

map

The trouble stems from last month’s run-off election, which the Electoral Commission said Mr Ouattara won by 54% to 46%.

Mr Gbagbo refused to admit defeat, and the Constitutional Council then annulled some results from the north and declared Mr Gbagbo the winner.

The UN has about 10,000 peacekeepers in Ivory Coast; it has made it clear it wants Mr Gbagbo to stand down.

In Washington, State Department spokesman PJ Crowley said a combined delegation from the African Union and the Economic Community of West African States (Ecowas) would be in Abidjan soon “to continue to encourage President Gbagbo to step aside”.

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‘Give me a break’

Matt Cardle

X Factor winner Matt Cardle met fans in London on Thursday

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He is on the verge of clinching this year’s Christmas number one and has become one of the most famous people in the UK.

Five days on from being crowned this year’s X Factor winner, however, Matt Cardle insists overnight fame has not changed him.

“I’m very humble, because I’ve been trying to make it in the music industry for ages,” says the 27-year-old.

The former painter and decorator is busy promoting his debut single and will shortly be rushed off to choose an accountant who will supervise his finances.

Cardle’s cover version of the Biffy Clyro track Many of Horror is well on course to top the singles chart on Sunday.

Yet some have criticised both his interpretation and the decision to rename it When We Collide.

“I understand why there will be a backlash, but give me a break”

Matt Cardle

“I’ve done a cover of a very credible song,” he tells the BBC News website on Friday.

“I leapt at the chance to do it because it’s not your average winner’s song.

“It’s not cheesy and I’m sorry if I’ve ruined it for people, but it’s credible,” he continues.

“I understand why there will be a backlash, but give me a break.”

For most X Factor winners, bagging the Christmas number one is a given. Yet Cardle insists “there’s still a way to go”.

“I’m keeping my fingers crossed but I’m not counting my chickens,” he says while admitting “it would be amazing”.

‘No guarantees’

Leona Lewis and Alexandra Burke achieved huge success following their X Factor wins. But the likes of Steve Brookstein and Leon Jackson fared less well.

And the day Cardle was crowned X Factor winner, last year’s victor Joe McElderry entered the singles chart with his new release – at number 68.

“I don’t know what happened to those guys,” Cardle says. “People obviously voted for them on the show, but then the support didn’t go on afterwards.

“I’m just desperate for that not to happen to me.

Joe McElderryJoe McElderry’s latest single debuted at number 68 the day Cardle won The X Factor

“I’m going to work my arse off, write the best I can and promote the best I can, but there’s no guarantees.

“This time next year I could be nowhere or I could be cracking America. You just don’t know.”

Yet the singer, who fronted his own band Seven Summers prior to taking part in the show, is adamant he is different to his X Factor predecessors.

“Correct me if I’m wrong, but I don’t think any of the winners have been trying in bands like I have for so long,” he says.

“I’ve been writing songs for years. I’ve written about four or five albums in my time and I’m writing all the time.

“I don’t think Joe’s a songwriter, I don’t think Leona’s a songwriter. These people can sing, but I’m an artist already and this is my platform.”

Cardle, who admits he turned to The X Factor after failing to land a record deal, also concedes he has been “trying for years and years and years”.

“It didn’t work for me, but the X Factor has worked,” he continues. “It’s a great platform.

“Some people hate it, some people love it, but I want to take this opportunity and run with it.”

Bickering

Fans of The X Factor have become used to the press stories pumped out on a weekly basis during each run of the show.

Alleged judge fall-outs have dominated coverage of previous series. Yet this year’s controversy centred more on reported bickering among the contestants.

Matt Cardle with Dannii Minogue Cardle was mentored by former pop star Dannii Minogue throughout the series

“So much of it was the papers stirring,” Cardle insists. “Some things were said between people, yes, but the papers whip it up.”

He is also quick to defend runner-up Cher Lloyd, who came fourth in the competition after becoming the target of a virulent hate campaign.

“I completely understand why she was misunderstood,” he says of the 17-year-old. “She came across as really quite hard at times.

“But she’s so young and she’s trying to figure out who she is. She dealt with the pressure really well, and she’s really sweet.”

Cardle became firm friends with Aiden Grimshaw, knocked out in week six and boy band One Direction, who finished in third place.

However, there was little time for the star to celebrate with them after winning the show.

A brief reunion with friends and family had to suffice, followed by a feast of cold chicken nuggets back at the X Factor house in north London.

“I celebrated with belly ache,” he laughs.

Matt Cardle’s debut single When We Collide is out now.

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