Category: IRA

  • Jim Lively wants to install rooftop solar panels on his family’s local food market, just minutes from the Sleeping Bear Dunes National Lakeshore in northern Michigan. Those panels could help power the RV campground they want to open next to the market and offset other electricity bills. But even though Lively was awarded a $39,696 grant for the project through a U.S.

    Source

    This post was originally published on Latest – Truthout.

  • A President Trump order halting funding from America’s $557 billion climate and industry program will be limited to climate change mitigation and electric vehicles programs, the Whitehouse clarified overnight, as experts doubt a major claw back of the landmark industry funding. The guidance came after concerns of a full shutdown of disbursement from the US…

    The post Trump’s IRA retreat an ‘opportunity’ for Australia appeared first on InnovationAus.com.

    This post was originally published on InnovationAus.com.

  • Climate, worker and innovation experts have embraced the Prime Minister’s seismic shift on industrial policy that will see coordinated government intervention to help Australia compete in the global clean energy and manufacturing race. The business lobby group and the opposition have warned a miscalculation could see the government trying to pick winners while waging an…

    The post PM’s Made in Australia pledge wins over innovation, climate experts appeared first on InnovationAus.com.

    This post was originally published on InnovationAus.com.

  • The Albanese government has unveiled plans to introduce a Future Made in Australia Act later this year that will serve as an “anchor” for the country’s response to fracturing global industrial policy. In a speech in Brisbane on Thursday, Prime Minister Anthony Albanese will outline a more interventionalist policy designed to help Australia compete with…

    The post Albanese unveils IRA Budget response pledge appeared first on InnovationAus.com.

    This post was originally published on InnovationAus.com.

  • The Albanese government is facing more calls to develop mission oriented industry policy, set up a new fund for exporters and flex its procurement muscle to realise its green energy superpower ambition. Worker, environment and suitability groups will on Wednesday launch a push for the strategic development of Australia’s renewable energy supply chains, warning the…

    The post ‘Australian equivalent’ of IRA needed for green transformation appeared first on InnovationAus.com.

    This post was originally published on InnovationAus.com.

  • Former prime minister Malcolm Turnbull is hopeful the US Inflation Reduction Act will be able to weather a second Trump administration given the powerful momentum now behind the clean energy transition. But he has warned that Mr Trump’s track record means there is every possibility that the billionaire and former US president will do even…

    The post Turnbull hopeful IRA can weather Trump appeared first on InnovationAus.com.

    This post was originally published on InnovationAus.com.

  • The Albanese government should consider a tax credit scheme that apes the US Inflation Reduction Act to drive investment in developing renewables to accelerate the energy transition, Fortescue chair Andrew ‘Twiggy’ Forrest said on Monday. The $600 billion Inflation Reduction Act (IRA) was driving investment into the US at a rate not see in decades,…

    The post IRA is the economic engine Australia needs: Forrest appeared first on InnovationAus.com.

    This post was originally published on InnovationAus.com.

  • The Albanese government’s response to global industrial competition like the US Inflation Reduction Act looks set to include a new multi-billion-dollar package of subsidies and co-investment for renewables an new industries. In an address to regional businesses and innovators in the coal mining Hunter Valley on Friday evening, the Prime Minister will give the strongest…

    The post PM: ‘We can go toe-to-toe’ with Inflation Reduction Act appeared first on InnovationAus.com.

    This post was originally published on InnovationAus.com.

  • A taskforce of top officials from Treasury, the Energy and Industry Departments have spent most of the last year preparing a plan to make the Albanese government’s green energy superpower ambition a reality. The taskforce has homed in on four priority areas – critical minerals, energy generation and storage, green hydrogen and green steel –…

    The post Govt still drafting response to US green policy appeared first on InnovationAus.com.

    This post was originally published on InnovationAus.com.

  • Energy price uncertainty and skills shortages top the list of concerns for Australian industry, according to deputy Opposition leader and shadow Industry minister Sussan Ley. She says local industry had been impacted by a funding drought, with former Coalition programs shut down long before replacement initiatives like the National Reconstruction Fund and Industry Growth Program are…

    The post Energy and skills top industry list of concerns: Sussan Ley appeared first on InnovationAus.com.

    This post was originally published on InnovationAus.com.

  • Back in August, just after the announcement of the National Reconstruction Fund Board, Industry and Science minister Ed Husic reminded us that “policy is shaped by the times it sits in.” Addressing the American Chamber of Commerce (AmCham), Mr Husic stressed the need for new approaches in a changed 21st Century world. “For us, a…

    The post Beyond the NRF: The nation’s search for industry policy appeared first on InnovationAus.com.

    This post was originally published on InnovationAus.com.

  • The Albanese government will unveil further industrial policy measures within months in response to America’s large-scale subsidies for strategic industries, Assistant Minister for Manufacturing Tim Ayres said on Monday. Senator Ayres described the US Inflation Reduction Act (IRA) as the “largest economic policy development since the second World War”, and one that will disrupt investment…

    The post Govt to unveil more industrial policy in response to US push appeared first on InnovationAus.com.

    This post was originally published on InnovationAus.com.

  • An excerpt from a new book, Pirates of the Slave Trade: The Battle of Cape Lopez and the Birth of an American Institution, by historian Angela C. Sutton shows how a pivotal battle between the British navy and a notorious pirate crew, led by “Black Bart” Roberts, cleared the way for an explosion of the slave trade, the establishment of chattel slavery in the Americas, and the deadly racism that still permeates U.S. society.

    *****

    In 1722 a British navy vessel helmed by Chaloner Ogle, a social-climbing captain with a mandate to end piracy, secured a decisive win in the waters off the coast of present-day Gabon. In the Battle of Cape Lopez, Ogle and his crew faced off against an infamous pirate band led by Bartholomew “Black Bart” Roberts. The defeat of one of the most prolific pirate crews gave the British dominance in the slave trade and curtailed the piracy that had so often scuttled their dealings with West African slave traders. While few in the United States know about the Battle of Cape Lopez, its role in shaping the horrific form of slavery that took hold here and its impact on the course of American history is pivotal.

    Specifically, in the Americas, the ascendance and systemization of the British trade was the catalyst for the emergence of chattel slavery. Settlers departed from the Roman-derived systems of slavery, which afforded the enslaved some basic rights, after the Battle of Cape Lopez and moved toward a legacy of total ownership and dominion over their involuntary workforce and any future descendants in what is now referred to as the chattel model. The Roman system, which had been practiced by other European powers who saw their empires and international influence wane at this time, was incompatible with the aims of British American planters.

    Before the eighteenth century and this dramatic shift, the Portuguese were the first and central European participants in the slave trade who set the tone for enslavement in the Atlantic world. They brought with them to the trade the Roman understanding of slavery. Under the systems of the Roman Empire, enslavement was often a temporary state of being, not a permanent identity. Enslavers could claim the labor of their enslaved, but not their full personhood. Enslaved people had a lesser status and fewer rights, yet some of their key human rights remained recognized. They could and did make use of the legal system, suing enslavers for cruel treatment, for their emancipation, or for the emancipation of their children. The Portuguese enshrined this system of enslavement in West Central Africa and Brazil beginning in the 1500s.

    Enslavement in the 1600s Dutch Atlantic world tended to follow suit. The Dutch began their forays into trafficking in West Africa by emulating their first competitors, the Portuguese, and also following their lead in the Americas, particularly in what would later become the United States. On the Gold Coast, some Africans enslaved unlawfully by the Dutch were able to avail themselves of the Dutch courts to appeal for freedom. In New Netherlands, in the area including parts of present-day New York and Delaware, records reflect enslaved people purchasing their freedom and formerly enslaved Africans marrying free Dutch people in the mid- 1600s. Enslaved Africans and their descendants earned wages that they were permitted to keep, worshipped in the Dutch Reformed Church alongside White and free Black settlers, and some owned farmland in Manhattan. They appear with regularity in church and court records, testifying on their own behalf and insisting on their rights. It is not until the English began importing Africans in its takeover of New Netherlands in 1664 that more rigid race-based rules and racial designations took hold in the region.

    By contrast, the British Empire were relative latecomers to the slave trade. They had been trading in Africa since the 1600s, but it took them longer to get a foothold in the trade. In the Atlantic world, they spent the first half of the seventeenth century battling the other European empires for Caribbean and West African territory and mercantile opportunities. Unlike their Portuguese, Spanish, Dutch, and French competition, Britain’s colonies in North America were administered under a variety of companies and stakeholders, and each colony was created for its own purposes and therefore had its own regulations regarding enslavement. Each procured forced African labor in a variety of ways, often relying on the illicit inter-American market when the British Royal Africa Company (RAC) was unable to meet the voracious demand of colonists. As demand grew and supply did not keep up, colonists stripped more and more rights and freedoms from the enslaved populations to ensure maximum extraction of their labor and the labor of their children. In these ways, the aftereffects of the Battle of Cape Lopez had devastating consequences for what would become the United States.

    The increase in the slave trade volume afforded by the British maritime victory allowed British settlers to reject the Portuguese, Dutch, French, and Spanish notions of enslavement modeled after the Roman system, which had become the norm in the Atlantic world. Instead, they adopted the economically efficient chattel model in all their American colonies. This model spread as neighboring colonies, such as French Louisiana and Spanish Florida, became part of the United States after Louisiana was admitted to the union (1812) and the ratification of the Adams-Onis treaty (1821).

    Under this new model of slavery, the enslaved were described as chattel, a word that shares its root with cattle, one of the most important forms of nonhuman capital at the time and in the history of the world. The ramifications for the enslaved were dire: slavery became a permanent identity, passed along generations. Enslavers claimed not only the labor of those they enslaved, but their entire beings. There was little to no legal recourse for the enslaved who experienced severe punishments nor was there any justice for the enslaved who were tortured and murdered by their enslavers. People with slave status could not testify in court, because for the first time in the Atlantic system, they were legally considered objects rather than human beings.

    The economic efficiency of chattel slavery coincided with the rising popularity of capitalism, and this caused the widespread adoption of this British-introduced model across most of what would become the slaveholding United States and beyond. This is why, for example, other European colonies created in the Americas after this date, like Dutch Suriname, tended more toward the British chattel model.

    The results were catastrophic and their reverberations far reaching. The United States would not confer citizenship onto the enslaved, freedmen, or their descendants until the ratification of the Fourteenth Amendment in 1868—183 years after the French Empire granted citizenship to this population among her colonies.

    Just as the enslaved were affected by this transition to a chattel model, so were the enslavers and the nonslaveholding colonists of European descent. This slavery transformed the cultures of the colonists. The all-encompassing nature of chattel slavery created a new type of identity politics: it conditioned people of European ancestry to think of themselves as White and to define themselves in opposition to Black people. This in turn sowed poisonous divisions that Americans still reap today.

    Slavery has existed in nearly every society in the world in some form or another. Until British Atlantic societies developed the chattel model, no form of enslavement gave such complete and utter dominion to enslavers on such a scale. Consequently, no society had organized its entire social, political, religious, and economic systems around the exploitation of a more or less permanently enslaved underclass. Over time, the British North American territories became slave societies rather than a society with slaves. The distinction between a society with slaves and a slave society is important. Historian Ira Berlin first noted this in 1998. The British North American colonies began as societies with enslaved people with the charter generations. Race and slavery were more fluid designations, and many free people of African descent took part in many levels of society. Over time, as plantation systems emerged, the colonies became slave societies, wherein every aspect of the society hinged upon the strictures of slavery, and opportunities for people of African descent shrank dramatically.

    To maintain generational wealth and power—or at least the dream of it—Whites had to participate and coerce the participation of other Whites in the system of White supremacy that dehumanizes the enslaved other. Colonial American lawmakers made informing on self-emancipating enslaved people and slave-catching mandatory for all White people, whether they personally enslaved anyone or not, whether they supported or opposed the institution. Mandatory reporting meant that failure to inform authorities when an enslaved person was doing anything they were not permitted to do could result in punishment. Legislators in many Southern colonies even formed groups that chased enslaved persons who dared attempt to “steal” themselves by escaping enslavement or by self-emancipating. These groups of White Southerners were expected to discipline enslaved people who were found off their plantations and to guard known escape routes. They were also the genesis of modern sheriff departments.

    This social order mandated that the children born of an enslaved person would be born into slavery themselves. For slavery to be heritable, this type of system required a strict delineation between those with enslaved status and those without it. The ability to transfer from one status to another—as the enslaved often did in West Africa and, to lesser extents, elsewhere in the sixteenth- and seventeenth-century Atlantic world—became a liability in this system, as did racial ambiguity. To keep this system stable, enslavers tied visible Blackness to the status of enslavement. This meant that Africans in the British North American colonies were, according to Ibram X. Kendi, citing a particularly noxious speech of Jefferson Davis, “stamped from the beginning.”

    Everyone who profited from the bloody and brutal trade in slaves made the decision to embark on ventures that resulted in African enslavement and death. They all justified these ventures, after the fact, in the letters and narratives they left behind. And the people today who read their writings and say things like “well, that was normal then” or “they didn’t know any better” or “that was just the way things were” are missing the point. It was not normal then.

    They did know better, and that was not just the way things were. That was the way these men who trafficked human beings after the Battle of Cape Lopez actively created things. If it had ever been normal, moral, and acceptable to profit from the dehumanization of millions of people and to steal their labor, personhood, and that of their descendants in perpetuity, they would not have written thousands of pages of anti-abolitionist propaganda to convince the readership otherwise after the Battle of Cape Lopez, and during the birth of American slavery.


    This content originally appeared on Dissident Voice and was authored by Angela C. Sutton.

    This post was originally published on Radio Free.

  • By positioning itself as an expert partner in international climate efforts, GE gains access to developing economies, propping up a system that pushes countries deeper into debt and increases their reliance on unsustainable fuels.

    This post was originally published on Dissent MagazineDissent Magazine.

  • Relying on the private sector to decarbonize is a recipe for abandoning workers.

    This post was originally published on Dissent MagazineDissent Magazine.

  • The Inflation Reduction Act presupposes a private sector–led transition. But battles over its implementation could build the political constituencies and expertise needed to take on the fossil fuel industry.

    This post was originally published on Dissent MagazineDissent Magazine.

  • With the National Reconstruction Fund bill now having passed in the House of Representatives, Industry and Science minister Ed Husic is “quietly confident” that the $15 billion industrial plan will be legislated soon, giving local manufacturers a massive shot in the arm. The scale of the NRF would act as a bulwark to keep Australia’s…

    The post Husic unconcerned about US Inflation Reduction Act competition appeared first on InnovationAus.com.

    This post was originally published on InnovationAus.com.

  • Fortescue will manufacture electrolysers developed in-house at its $114 million production facility being developed in Gladstone following the collapse of its partnership with US-based supplier Plug Power. Although Plug Power Electrolysers will not be produced from the facility, they may still be supplied to other Fortescue projects, according to Fortescue Future Industries (FFI) chief executive…

    The post Fortescue to make own electrolysers after joint venture collapses appeared first on InnovationAus.com.

    This post was originally published on InnovationAus.com.

  • Last June, drawing on the largest trove of confidential American tax data that’s ever been obtained, ProPublica launched a series of stories documenting the key ways the ultrawealthy avoid taxes, strategies that are largely unavailable to most taxpayers. To mark the first anniversary of the launch, we decided to assemble a quick summary of the techniques — all of which can generate tax savings on a massive scale — revealed in the series.

    1. The Ultra Wealth Effect

    Our first story unraveled how billionaires like Elon Musk, Warren Buffett and Jeff Bezos were able to amass some of the largest fortunes in history while paying remarkably little tax relative to their immense wealth. They did it in part by avoiding selling off their vast holdings of stock. The U.S. system taxes income. Selling stock generates income, so they avoid income as the system defines it. Meanwhile, billionaires can tap into their wealth by borrowing against it. And borrowing isn’t taxable. (Buffett said he followed the law and preferred that his wealth go to charity; the others didn’t comment beyond a “?” from Musk.)

    2. The $5 Billion IRA

    Other billionaires used less conventional ways to avoid income, we found. Tech mogul Peter Thiel amassed a $5 billion Roth IRA, a type of account that shields income from taxes and is intended to help low- and middle-class savers prepare for retirement. Back in 1999, Thiel stuffed low-valued shares of the company that would become PayPal into the account, a maneuver tax lawyers said risked running afoul of IRS rules. (It’s not clear if the government ever challenged the move.) He set himself up to reap billions in untaxed gains. (Thiel did not respond to questions for the original article.)

    3. The $1 Billion Parlor Trick: Turning High-Tax-Rate Trading into Low-Tax-Rate Income

    Even when tech billionaires do show income on their tax return, they tend to pay relatively low income tax rates. That’s because of the type of income they have: Gains from long-term investments, such as from stock sales, are taxed at a lower rate. But what do you do if you’re making over $1 billion every year, and it’s largely from short-term trading? Do you just accept that you’ll pay the higher rate on all that income? As we reported this week, Jeff Yass, head of one of the most profitable firms on Wall Street, did not meekly accept this fate. Instead, his firm, Susquehanna International Group, found creative ways to transform the wrong sort of income into the right kind, generating tax savings that exceeded $1 billion over just six years. (Susquehanna declined to comment but in a court case that centered on similar allegations, it maintained that it complies with the law.)

    4: The Magic of Sports Ownership: Make Money While (Legally) Reporting Losses

    The tax code offers business owners a slew of methods to erase income through deductions, none more awesome than buying a sports team, as former Microsoft CEO Steve Ballmer did with the Los Angeles Clippers. It doesn’t matter whether the team is actually profitable and growing in value. It can still be a write-off. (In some cases, we found, owners could effectively deduct a given player’s contract not once, but twice. They’re allowed to take deductions comparable to those for factory equipment that loses value as it ages, even as teams almost inevitably gain in value.) That’s one reason owners tend to pay far lower tax rates than the athletes they employ, or even the people serving beer in the team’s stadium. In our story, we found a Clippers arena worker who made $45,000 a year and paid a higher tax rate than the billionaire Ballmer. (Ballmer said he pays the taxes he owes.)

    5. Build, Drill and Save: The Real Estate and Oil Businesses Can Both Be Tax Havens

    In certain industries, like real estate or oil and gas, the tax breaks are so plentiful that billionaires can erase their income entirely even as they grow richer. That’s how real estate developer Stephen Ross (who also happens to own the Miami Dolphins) went 10 years without paying any income tax. Ross said that he followed the law. Another mogul, this one in the oil business, managed to tap a near bottomless well of write-offs via one of the biggest oil spills in history. (The mogul’s representatives did not respond to requests for comment.)

    6. Even a Billionaire’s Hobbies Can Pay Off at Tax Time

    Deductions from hobbies and side projects, which the ultrawealthy can structure as businesses, are another fun option. For some billionaires, it’s race horses: We found that six owners of thoroughbreds at the 2021 Kentucky Derby had taken a combined $600 million in tax write-offs on their horse racing operations. For others, like Beanie Babies founder Ty Warner, it’s luxury hotels. The billionaire splurged on a couple of landmark Four Seasons locations and then went 12 years without paying any income tax. (Representatives for Warner did not respond to requests for comment.)

    7. Think Your Taxes are Too High? Change the Tax Laws

    Sometimes, it pays to fight for a new tax break. For the billionaires who contributed millions to Republican politicians, the payoff came in the form of Trump’s “big, beautiful tax cut” for passthrough businesses. We found the change sent $1 billion in tax savings in a single year to just 82 ultrawealthy households. Some business owners also boosted their savings with a trick: They slashed their own salaries and categorized the money instead as passthrough income.

    8. Why Tech Billionaires Pay Less Than Hedge-Fund Managers

    With so many options to reduce taxes, the richest Americans often manage low income tax rates. We analyzed the incomes and taxes of the country’s top 400 earners, those averaging over $110 million in income per year. Overall, the group paid relatively low rates, but certain segments (tech billionaires, heirs, private equity executives) stood out even within this elite population because they were able to draw on the sorts of techniques detailed above. (Also drawing on these techniques were wealthy politicians, like the governors of Colorado and West Virginia.)

    9. Brother, Can You Spare a Stimulus Check?

    But the real standouts were the billionaires who reported such low incomes that they qualified for government assistance. At least 18 billionaires received stimulus checks in 2020, because their tax returns placed them below the income cutoff ($150,000 for a married couple).

    10. Trust This: How Wealthy Families Pass Billions to Heirs While Avoiding Taxes

    The holes in the estate tax, we found, are even more remarkable. There are well-worn ways to make sure Uncle Sam doesn’t get his cut of a fortune being passed on to heirs, and the most common is through a trust. How common no one can say, but we found evidence that at least half of the nation’s 100 richest individuals had used estate-tax-dodging trusts. In another story,we followed three century-old dynasties down through the generations, showing how they used trusts to avoid taxes, so that a fortune could pass all the way from the original early 20th century tycoon to, for example, the great-great-granddaughter who recently collected $210 million before her 19th birthday.

    This post was originally published on Latest – Truthout.

  • Commemorations in Derry were a reminder that all of the issues at the heart of the Irish struggle for freedom against the British state remain very much alive.

    This post was originally published on Dissent MagazineDissent Magazine.

  • Senior Tories want to create an “official history” of the military occupation of Ireland.

    The plans were first reported in the Telegraph on 13 November. Whitehall officials told the paper that the:

    official history would be independent of ministers and would involve historians being appointed to produce a balanced historical record.

    But critics say it will airbrush out British atrocities. Former Sinn Féin president Gerry Adams spoke out about the proposals. He stated:

    This group of historians, appointed by the government, will they claim, be independent of the government. Mar dhea! Censorship and bias in the reporting of events and the interpretation and analyses of those events is a powerful weapon in any government’s arsenal.

    Ex-Sinn Féin publicity director Danny Morrison told Irish News the move was a response to recent revelations. In particular, he said a rule change on suppressing particular groups being on television in the Republic of Ireland had rattled the British. The now removed Section 31 was a rule that effectively denied hardline Republican voices a platform on some Irish media. According to Morrison:

    This is a reaction to the fact that certainly across Ireland, now that Section 31 is gone, that suppressed news in the 26 counties, they are now following the situation much more closely.

    Revisionism

    Morrison also said that the Tory plan is linked to documentaries like Unquiet Graves. The film looks at British collusion with murderous Loyalist gangs:

    For example RTÉ put that film on by Sean Murray (Unquiet Graves) – documentaries like this and exposure of collusion upended the narrative that the IRA was the driving force behind the conflict.

    Adams also argued that this “official history” is in response to the increased exposure of Britain’s actions in the north of Ireland:

    They are also worried that the historic narrative is increasingly exposing Britain’s illegal and violent actions during those years.

    Collusion

    Morrison said the history of collusion had already been buried, including in the Stevens Report into collaboration between Loyalist groups, British state forces and the police:

    We have had the Stevens report into collusion suppressed, we were told it would be public and he was only allowed to publish 17 pages out of 3,000 pages in his report.

    He said recent reporting showed a different story to the official narratives:

    If you were to look at the killings by the loyalists, the RUC, the UDR and the British army under the rubric of killings on behalf of the state, in support of the state and the status quo, the statistics of the conflict then look a lot different.

    But as Adams pointed out:

    However hard the British government seeks to do this; however many revisionist historians they employ to bolster Britain’s view of history, the case of Pat Finucane; the importation by British intelligence of South African sourced weapons for Loyalist groups; the three reports by John Stevens; the role of state agents like Brian Nelson, and of the Glenanne Gang; the deaths of hundreds of victims; and the countless official reports by the Ombudsman and others into state collusion, will continue to haunt the British government. No amount of historical revisionism will change this.

    No justice, no peace

    The British state’s urge to rewrite it own history is hardly new. The underhandedness of the Tory plan will compound the sense of unfairness and trauma for those in Republican communities. And without justice, no meaningful peace is likely.

    Featured image – Wikimedia Commons/DColt

    By Joe Glenton

    This post was originally published on The Canary.

  • On Thursday 25 March, there was an oral hearing at Laganside Crown Court, Belfast in the long-running trial of Colin Duffy, Henry Fitzsimons, and Alex McCrory. And as The Canary previously reported, the men’s defence raises serious questions about the prosecution’s evidence against them.

    In particular, it questions the experts’ analysis of alleged covert audio recording and the role of MI5. In the defence’s oral submission on 25 March, it reiterated these questions. This trial has been running for over two years.

    The charges

    On 5 December 2013, there was an attack on a PSNI convoy in north Belfast. Duffy, Fitzsimons, and McRory were remanded in custody in December 2013.

    They were imprisoned without trial for over two years before being released on bail in February 2016. Fitzsimons and McRory are charged with attempted murder, firearm possession, preparation of terrorist acts, directing a terrorist organisation, and membership of a proscribed organisation. Duffy is charged with preparation of terrorist acts, directing a terrorist organisation and membership of a proscribed organisation.

    Expert audio analysis

    The men were allegedly recorded and videoed by MI5 in a park in Lurgan discussing the attack the following day. Voice experts professor Peter French and Dr Christin Kirchhubel gave evidence in court about this alleged recording. Kirchhubel had once worked for French. They said the alleged undercover MI5 recordings of the three men supported the claim that they’re the suspects in the attack on police.

    But the defence exposed inconsistencies in French and Kirchhubel’s analysis. And on 25 March, it said that part of French’s analysis of the audio was “fundamentally flawed”. According to the defence, the features identified by the experts on the recording could belong to “hundreds of thousands of people” – so their analysis of the recording “is meaningless”.

    Admissibility of evidence

    The defence dismissed the prosecution’s apparent claim that evidence needs only to be “relevant” to be “admissible” in court, claiming it must also be “prima facie authentic” to be admissible. This is why, according to the defence:

    the prosecution submissions on this issue are really…misconceived. Because they suggest that the only test is relevance.

    And the defence questioned whether the prosecution had properly proven the authenticity of the tape recordings before the court. So on that basis, these recordings should be inadmissible.

    The defence then turned to the evidence of MI5 technical operative PIN 9281. It said it didn’t have access to the relevant material to properly challenge this operative’s evidence. It also said it couldn’t fully accept his evidence because:

    We don’t know what happened. We have not made positive allegations against any of these witnesses as to what took place because we simply don’t know. And cannot properly say. But we do not accept at face value, what’s being suggested to the court as the account of what happened. Because it is so obviously wrong in different respects and contradictory, self contradictory…including in particular in relation to PIN 9281

    It added PIN 9281’s evidence is “not worthy of belief”.

    The defence also asserted that MI5 deliberately destroyed all the data including the metadata, stating:

    there is a vacuum in the evidence

    And:

    there’s nothing conventional about this case

    Cognitive bias

    As The Canary previously reported, the defence suggested French and Kirchhubel were influenced by cognitive bias. And on 25 March, the defence pointed out that a draft transcript provided by the police influenced their analysis. This is because the identities of the suspected speakers were on that transcript. In addition to receiving this transcript, the defence claimed French said he “was given a steer”.

    It said French and his colleagues should have told the police not to provide this transcript. The defence added that while there are steps to mitigate the risk of cognitive bias, Kirchhubel didn’t take those steps. It said French admitted he wouldn’t conduct the process this way again.

    When will this all end?

    The judge said he would aim to give his ruling in the week beginning 19 April.

    Featured image via Pixabay – WilliamCho & Unsplash – Kelly Sikkema

    By Peadar O'Cearnaigh

    This post was originally published on The Canary.