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Mother arrested after two boys found dead in Blue Mountains home

A mother has been arrested after the tragic discovery of her two sons, aged nine and 11, dead at their home in the Blue Mountains, New South Wales. The boys, Russell and Ben, were found by their father at the family's home in Faulconbridge shortly before 12:40pm. Their mother, Trish Smith, 42, was also found at the scene with several self-inflicted injuries. She has been taken to Westmead Hospital and is in a stable condition. No charges have been laid so far. Superintendent John Nelson of the Blue Mountains police confirmed that Mr Smith, the father, discovered the bodies and contacted authorities. "The father is helping us with inquiries, and he was the one who contacted police... all avenues are open for investigation," Nelson stated. While the police have not confirmed whether a weapon was involved, they are working to understand the sequence of events leading to the boys' deaths. The family, who had no prior history of domestic violence and minimal contact with the police, has left the community in shock. Superintendent Nelson said that the investigation is still in its early stages, and no speculation will be made at this time. The boys had attended school on Monday with no apparent issues, and authorities are now trying to trace their movements on Tuesday to piece together what might have happened. The nearby Springwood High School was involved in the emergency response as its oval was used as a helipad for medical evacuations. Homicide detectives from the State Crime Command have been assigned to the case, and police are continuing to speak with neighbours to uncover any possible motives. Blue Mountains Mayor Mark Greenhill expressed the community’s grief in a statement: "Our community has lost two precious souls in the most awful circumstances. Now is a time to come together and remember these two beautiful children." NSW Police Commissioner Karen Webb acknowledged the profound emotional toll the incident has had on law enforcement officers. "I think the older and more experience you get in this job, things like this still cut to the core. It’s a tragic situation," she said. Authorities have confirmed that no one else is being sought in connection with the deaths, and there is no ongoing threat to the community. The investigation continues as police work to understand the full circumstances surrounding this heartbreaking incident. Need to talk to someone? Don't go it alone. Call Lifeline on 13 11 14 or visit lifeline.org.au Beyond Blue: 1300 224 636 SANE: 1800 187 263; saneforums.org Image: Supplied

Legal

Supreme Court Justice killed just three weeks after retiring

Former South Australian Supreme Court Justice Malcolm Blue has tragically died, just three weeks after retiring. The 70-year-old had been looking forward to spending quality time with his friends and family after retiring, when he was involved in a tractor accident at a vineyard in Willunga South on Saturday morning. South Australian Police were called to the scene after the accident, where police said he died at the scene from his injuries. After his 13-year role as a Supreme Court judge where he earned the respect of politicians and legal professionals, Blue retired in August, as his family said he had been looking forward to spending more time with his family during his retirement. “We are devastated by Malcolm’s loss. He was a much-loved and loving father, partner and brother, and cherished his family,” his family said in a statement <a href="https://www.adelaidenow.com.au/news/south-australia/justice-malcolm-blue-remembered-as-a-great-south-australian-after-death-in-farming-tragedy/news-story/49330193603000f8a0cbf7933b5b7eea?amp" target="_blank" rel="noopener" data-link-type="article-inline">to News Corp.</a> “Malcolm was always kind, funny, smart and wonderfully supportive for family, friends and legal colleagues. He was both gentle and brilliant and will be missed terribly." “Having achieved so much during a long and distinguished legal career, Malcolm was looking forward to spending more time with his family on the property." “Malcolm will be deeply missed by his partner Angela, daughters Charlotte, Victoria and Alex, three sisters, along with his extended family, many friends, and colleagues in the legal fraternity.” SA Premier Peter Malinauskas praised Blue’s service to the state at a press conference on Sunday. “Mr Blue was a great South Australian who served his community exceptionally well over a very long period of time,” Malinauskas said. “I’m sure that South Australia will appropriately honour him as someone who’s made a major contribution.” Chief Justice of South Australia Chris Kourakis said Blue’s death was felt across Australia’s judiciary and legal profession, saying, “Justice Blue was a pre-eminent intellect and jurist who selflessly devoted his energy to the work of the court and making justice more accessible to the people of South Australia.” Image credits: 7News

Caring

Yes, blue light from your phone can harm your skin. A dermatologist explains

<div class="theconversation-article-body"><a href="https://theconversation.com/profiles/michael-freeman-223922">Michael Freeman</a>, <a href="https://theconversation.com/institutions/bond-university-863">Bond University</a> Social media is full of claims that everyday habits can harm your skin. It’s also full of recommendations or advertisements for products that can protect you. Now social media has blue light from our devices in its sights. So can scrolling on our phones really damage your skin? And will applying creams or lotions help? Here’s what the evidence says and what we should really be focusing on. <h2>Remind me, what actually is blue light?</h2> Blue light is part of the visible light spectrum. Sunlight is the strongest source. But our electronic devices – such as our phones, laptops and TVs – also emit it, albeit at levels <a href="https://melasmaclinic.com.au/wp-content/uploads/2024/01/Melasma-LEDS.pdf">100-1,000 times</a> lower. Seeing as we spend so much time using these devices, there has been some concern about the impact of blue light on our health, including <a href="https://theconversation.com/do-blue-light-glasses-really-work-can-they-reduce-eye-strain-or-help-me-sleep-213145">on our eyes and sleep</a>. Now, we’re learning more about the impact of blue light on our skin. <h2>How does blue light affect the skin?</h2> The evidence for blue light’s impact on skin is still emerging. But there are some interesting findings. 1. Blue light can increase pigmentation <a href="https://academic.oup.com/ced/article-abstract/46/5/934/6598472?redirectedFrom=fulltext&login=false">Studies</a> <a href="https://onlinelibrary.wiley.com/doi/full/10.1111/srt.13401">suggest</a> exposure to blue light can stimulate production of melanin, the natural skin pigment that gives skin its colour. So too much blue light can potentially worsen hyperpigmentation – overproduction of melanin leading to dark spots on the skin – especially in people with darker skin. 2. Blue light can give you wrinkles Some research <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6280109/">suggests</a> blue light might damage collagen, a protein essential for skin structure, potentially accelerating the formation of wrinkles. A laboratory <a href="https://pubmed.ncbi.nlm.nih.gov/29399830/">study suggests</a> this can happen if you hold your device one centimetre from your skin for as little as an hour. However, for most people, if you hold your device more than 10cm away from your skin, that would reduce your exposure <a href="https://en.wikipedia.org/wiki/Inverse-square_law">100-fold</a>. So this is much less likely to be significant. 3. Blue light can disrupt your sleep, affecting your skin If the skin around your eyes looks dull or puffy, it’s easy to blame this directly on blue light. But as we know blue light affects sleep, what you’re probably seeing are some of the visible signs of sleep deprivation. We know blue light is particularly good at <a href="https://journals.physiology.org/doi/full/10.1152/japplphysiol.01413.2009?rss=1">suppressing</a> production of melatonin. This natural hormone normally signals to our bodies when it’s time for sleep and helps regulate our sleep-wake cycle. By suppressing melatonin, blue light exposure before bed disrupts this natural process, making it harder to fall asleep and potentially reducing the <a href="https://www.tandfonline.com/doi/abs/10.1080/07420528.2023.2173606">quality of your sleep</a>. The stimulating nature of screen content further disrupts sleep. Social media feeds, news articles, video games, or even work emails can keep our brains active and alert, hindering the transition into a sleep state. Long-term sleep problems can also <a href="https://academic.oup.com/ced/article-abstract/40/1/17/6621145?login=false">worsen</a> existing skin conditions, such as acne, eczema and rosacea. Sleep deprivation can elevate cortisol levels, a stress hormone that breaks down collagen, the protein responsible for skin’s firmness. Lack of sleep can also weaken the skin’s natural barrier, making it more susceptible to environmental damage and dryness. <h2>Can skincare protect me?</h2> The beauty industry has capitalised on concerns about blue light and offers a range of protective products such as mists, serums and lip glosses. From a practical perspective, probably only those with the more troublesome hyperpigmentation known as <a href="https://dermnetnz.org/topics/melasma">melasma</a> need to be concerned about blue light from devices. This condition requires the skin to be well protected from all visible light at all times. The only products that are totally effective are those that block all light, namely mineral-based suncreens or some cosmetics. If you can’t see the skin through them they are going to be effective. But there is a lack of rigorous testing for non-opaque products outside laboratories. This makes it difficult to assess if they work and if it’s worth adding them to your skincare routine. <h2>What can I do to minimise blue light then?</h2> Here are some simple steps you can take to minimise your exposure to blue light, especially at night when it can disrupt your sleep: <ul> <li> use the “night mode” setting on your device or use a blue-light filter app to reduce your exposure to blue light in the evening </li> <li> minimise screen time before bed and create a relaxing bedtime routine to avoid the types of sleep disturbances that can affect the health of your skin </li> <li> hold your phone or device away from your skin to minimise exposure to blue light </li> <li> use sunscreen. Mineral and physical sunscreens containing titanium dioxide and iron oxides offer broad protection, including from blue light. </li> </ul> <h2>In a nutshell</h2> Blue light exposure has been linked with some skin concerns, particularly pigmentation for people with darker skin. However, research is ongoing. While skincare to protect against blue light shows promise, more testing is needed to determine if it works. For now, prioritise good sun protection with a broad-spectrum sunscreen, which not only protects against UV, but also light.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/233335/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/michael-freeman-223922">Michael Freeman</a>, Associate Professor of Dermatology, <a href="https://theconversation.com/institutions/bond-university-863">Bond University</a> Image credits: Shutterstock This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/yes-blue-light-from-your-phone-can-harm-your-skin-a-dermatologist-explains-233335">original article</a>. </div>

Body

Nine-year-old Aussie ballet prodigy scores full New York scholarship

A talented nine-year-old is heading to New York City, after scoring a full scholarship to a prestigious ballet school. Malcolm Doyle's dad Nick said he and his wife knew their son had a talent for dance from a young age, and could not be more proud of the international attention his dancing has garnered. "He's been doing really well here in Australia and since last year, there's been a bit of a focus from overseas," Nick told <a href="https://9now.nine.com.au/today/aussie-billy-elliot-nine-year-old-ballet-prodigy-scores-scholarship-to-prestigious-new-york-academy/4e3fdf08-3fb7-41a4-89df-eb6ee4b58095" target="_blank" rel="noopener">Today</a>. "He got brought in to do an audition for Chicago's A and A Ballet, who were doing a world broadcast for auditions and from there, we just started to get a bit of interest." "And then this year, we let him do the auditions for the Royal Ballet and he ended up in Hong Kong over Easter." From there, Nick said the American Ballet Theatre in New York got in contact and offered Malcolm a scholarship. Malcolm ultimately turned down the offer and signed with another NYC school, the Ellison Theatre, who offered the youngster a full ride. The family are currently saving up to buy flights over to the US to check out the school, with Nick saying they will do anything and everything to support their son's dream. "It's taking quite a bit of the funds out of my bank account, but the love he's got for dancing, you can't stop him and even if we wanted to, I mean we get home after he's had a full day of dance and he's still dancing around the house," Nick said. Malcolm's dad has a performing arts background and his mum is also a classically trained ballerina and teacher, so Nick said Malcolm was either going to inherit the genes or "end up having three left feet". "He went and saw a production by the Queensland Ballet on the weekend, which he had never seen before and he walked out with half the choreography memorised in his head and trying to reproduce it.," Nick said. After being dubbed "Australia's own Billy Elliot", the Today hosts asked Malcom what it is he loves so much about dancing. "It makes me feel really excited and it's so amazing for me, the feeling I get when I dance," Malcolm said. Image credits: Today

Music

How niggling hip pain led a squash coach to life-saving cancer diagnosis

Melbourne squash coach and player Malcolm McClarty had been experiencing frequent pain in his right hip area for about 12 months before he mentioned it to one of his clients, a top medical oncologist, in October last year. The 63-year-old father-of-three coaches Professor Niall Tebbutt at the Kooyong Lawn and Tennis Club in Melbourne. Despite having lost his younger sister to pancreatic cancer just months earlier, Malcolm had been brushing off the pain, thinking it was a niggling sporting injury. Now Malcolm credits Niall, who ordered a prostate-specific antigen test (PSA), with saving his life. Malcolm also coaches Weranja Ranasinghe, a urologist with the Urological Society of Australia and New Zealand (USANZ), who has been his ‘unofficial second opinion’ throughout the journey. Associate Professor Ranasinghe says Malcolm’s diagnosis comes as the newly-released Lancet Commission on Prostate Cancer predicts cases worldwide will double from 1.4 million to 2.9 million by 2040. The USANZ says although the findings are alarming, Australia is well-placed to manage the spike thanks to availability of advanced diagnostic tools, improvements in treatments and quality control registries, but it needs to be coupled with more awareness. “Australia is better placed than many other nations to deal with a sharp spike in prostate cancer cases, but the urgent review of guidelines can’t come soon enough,” says Associate Professor Ranasinghe. “Prostate cancer is not commonly understood or spoken about, particularly amongst high-risk younger men, leaving too many in the dark about their cancer risk and that can be deadly,” he added. “Prostate cancer is already a major cause of death and disability, and the most common form of male cancer in more than 100 countries,” says Associate Professor Ranasinghe. “It’s the most commonly diagnosed cancer in Australia with over 25,000 new cases every year, and more than 11 deaths a day.” Malcolm was devastated to learn his cancer was aggressive Stage Four and had spread to three spots in the pelvic bone. He also experienced other symptoms including frequent and weak-flow urinating at night. He will begin radiotherapy, with chemotherapy on the cards as well. But his attitude is positive; he’s hoping to live for another six to 10 years. Malcolm’s message for other men is simple: if you’re 50 or older, get tested for prostate cancer now. He warns waiting can lead to complex and limited treatment options. Five Risk Factors For Prostate Cancer 1. Age - the chance of developing prostate cancer increases with age. 2. Family history - if you have a first-degree male relative who developed prostate cancer, like a brother or father, your risk is higher than someone without such family history. 3. Genetics - while prostate cancer can’t be inherited, a man can inherit certain genes that increase the risk. 4. Diet - some evidence suggests that a diet high in processed meat, or foods high in fat can increase the risk of developing prostate cancer. 5. Lifestyle - environment and lifestyle can also impact your risk, e.g. a sedentary lifestyle or being exposed to chemicals. For more information, visit <a href="https://www.usanz.org.au/" target="_blank" rel="noopener">https://www.usanz.org.au/</a>

Caring

People in the world’s ‘blue zones’ live longer – their diet could hold the key to why

<a href="https://theconversation.com/profiles/justin-roberts-1176632">Justin Roberts</a>, <a href="https://theconversation.com/institutions/anglia-ruskin-university-1887">Anglia Ruskin University</a>; <a href="https://theconversation.com/profiles/joseph-lillis-1505087">Joseph Lillis</a>, <a href="https://theconversation.com/institutions/anglia-ruskin-university-1887">Anglia Ruskin University</a>, and <a href="https://theconversation.com/profiles/mark-cortnage-438941">Mark Cortnage</a>, <a href="https://theconversation.com/institutions/anglia-ruskin-university-1887">Anglia Ruskin University</a> Ageing is an inevitable part of life, which may explain our <a href="https://time.com/4672969/why-do-people-want-to-live-so-long/">strong fascination</a> with the <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2726954">quest for longevity</a>. The allure of <a href="https://pubmed.ncbi.nlm.nih.gov/26566891/">eternal youth</a> drives a <a href="https://www.alliedmarketresearch.com/longevity-and-anti-senescence-therapy-market-A14010">multi-billion pound industry</a> ranging from anti-ageing products, supplements and <a href="https://www.everydayhealth.com/diet-nutrition/longevity-diet">diets</a> for those hoping to extend their lifespan. f you look back to the turn of the 20th century, average life expectancy in the UK was around 46 years. Today, it’s closer to <a href="https://population.un.org/wpp/">82 years</a>. We are in fact <a href="https://pubmed.ncbi.nlm.nih.gov/27706136/">living longer than ever before</a>, possibly due to medical advancements and improved <a href="https://www.health.org.uk/publications/reports/mortality-and-life-expectancy-trends-in-the-uk">living and working conditions</a>. But living longer has also come at a price. We’re now seeing higher rates of <a href="https://www.who.int/data/gho/data/themes/mortality-and-global-health-estimates/ghe-leading-causes-of-death">chronic and degenerative diseases</a> – with heart disease consistently topping the list. So while we’re fascinated by what may help us live longer, maybe we should be more interested in being healthier for longer. Improving our “<a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4632858/">healthy life expectancy</a>” remains a global challenge. Interestingly, certain locations around the world have been discovered where there are a high proportion of centenarians who display remarkable physical and mental health. The <a href="https://pubmed.ncbi.nlm.nih.gov/15489066/">AKEA study of Sardinia, Italy</a>, as example, identified a “blue zone” (named because it was marked with blue pen), where there was a higher number of locals living in the central-eastern mountainous areas who had reached their 100th birthday compared with the wider Sardinian community. This longevity hotspot has since been expanded, and now includes several other areas around the world which also have greater numbers of longer-living, healthy people. Alongside Sardinia, these blue zones are now <a href="https://www.netflix.com/gb/title/81214929">popularly recognised</a> as: Ikaria, Greece; Okinawa, Japan; Nicoya, Costa Rica; and Loma Linda, California. Other than their long lifespans, people living in these zones also appear to share certain other commonalities, which centre around being <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3874460">part of a community</a>, having a <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4224996/">life purpose</a>, eating <a href="https://pubmed.ncbi.nlm.nih.gov/33514872/">nutritious, healthy foods</a>, keeping <a href="https://www.nature.com/articles/s41398-021-01735-7">stress levels</a> low and undertaking purposeful daily <a href="https://pubmed.ncbi.nlm.nih.gov/30202288/">exercise or physical tasks</a>. Their longevity could also relate to their <a href="https://pubmed.ncbi.nlm.nih.gov/9010380/">environment</a>, being mostly rural (or less polluted), or because of <a href="https://pubmed.ncbi.nlm.nih.gov/22253498/">specific longevity genes</a>. However, studies indicate genetics may only account for <a href="https://pubmed.ncbi.nlm.nih.gov/8786073">around 20-25% of longevity</a> – meaning a person’s lifespan is a complex interaction between lifestyle and genetic factors, which contribute to a long and healthy life. <h2>Is the secret in our diet?</h2> When it comes to diet, each blue zone has its own approach – so one specific food or nutrient does not explain the remarkable longevity observed. But interestingly, a diet rich in <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3662288">plant foods</a> (such as locally-grown vegetables, fruits and legumes) does appear to be reasonably consistent across these zones. For instance, the Seventh-day Adventists of Loma Linda are <a href="https://pubmed.ncbi.nlm.nih.gov/10641813/">predominately vegetarian</a>. For centenarians in Okinawa, <a href="https://pubmed.ncbi.nlm.nih.gov/20234038/">high intakes of flavonoids</a> (a chemical compound typically found in plants) from purple sweet potatoes, soy and vegetables, have been linked with <a href="https://pubmed.ncbi.nlm.nih.gov/11710359/">better cardiovascular health</a> – including lower cholesterol levels and lower incidences of stroke and heart disease. In Nicoya, consumption of locally produced rice and beans has been associated with <a href="https://pubmed.ncbi.nlm.nih.gov/34444746/">longer telomere length</a>. Telomeres are the structural part at the end of our chromosomes which protect our genetic material. Our telomeres get shorter each time a cell divides – so get progressively shorter as we age. Certain <a href="https://pubmed.ncbi.nlm.nih.gov/21102320/">lifestyle factors</a> (such as smoking and poor diet) can also shorten telomere length. It’s thought that telomere length acts as a <a href="https://pubmed.ncbi.nlm.nih.gov/31728493/">biomarker of ageing</a> – so having longer telomeres could, in part, be linked with longevity. But a plant-based diet isn’t the only secret. In Sardinia, for example, meat and fish is consumed in moderation in addition to locally grown vegetables and <a href="https://journalofethnicfoods.biomedcentral.com/articles/10.1186/s42779-022-00152-5">traditional foods</a> such as acorn breads, pane carasau (a sourdough flatbread), honey and soft cheeses. Also observed in several blue zone areas is the inclusion of <a href="https://www.jacc.org/doi/10.1016/j.jacc.2021.10.041">olive oil</a>, <a href="https://pubmed.ncbi.nlm.nih.gov/33669360/">wine</a> (in moderation – around 1-2 glasses a day), as well as <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3830687/">tea</a>. All of these contain powerful antioxidants which may help <a href="https://ncbi.nlm.nih.gov/pmc/articles/PMC10049696/">protect our cells</a> from damage <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6273542/">as we age</a>. Perhaps then, it’s a combination of the protective effects of various nutrients in the diets of these centenarians, which explains their exceptional longevity. Another striking observation from these longevity hot spots is that meals are typically <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7232892">freshly prepared at home</a>. Traditional blue zone diets also don’t appear to contain <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6538973/">ultra-processed foods</a>, fast foods or sugary drinks which may <a href="https://pubmed.ncbi.nlm.nih.gov/32330232/">accelerate ageing</a>. So maybe it’s just as important to consider what these longer-living populations are not doing, as much as what they are doing. There also appears to be a pattern of eating until 80% full (in other words partial <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9036399/">caloric reduction</a>. This could be important in also supporting how our cells deal with damage as we age, which could mean a longer life. Many of the factors making up these blue zone diets – primarily plant-based and natural whole foods – are associated with <a href="https://pubmed.ncbi.nlm.nih.gov/35706591/">lower risk of chronic diseases</a> such as <a href="https://pubmed.ncbi.nlm.nih.gov/28728684/">heart disease</a> and <a href="https://pubmed.ncbi.nlm.nih.gov/37589638/">cancer</a>. Not only could such diets contribute to a <a href="https://pubmed.ncbi.nlm.nih.gov/37836577/">longer, healthier life</a>, but could support a more <a href="https://pubmed.ncbi.nlm.nih.gov/33397404/">diverse gut microbiome</a>, which is also associated with healthy ageing. Perhaps then we can learn something from these remarkable centenarians. While diet is only one part of the bigger picture when it comes to longevity, it’s an area we can do something about. In fact, it might just be at the heart of improving not only the quality of our health, but the quality of how we age.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/221463/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/justin-roberts-1176632">Justin Roberts</a>, Professor of Nutritional Physiology, <a href="https://theconversation.com/institutions/anglia-ruskin-university-1887">Anglia Ruskin University</a>; <a href="https://theconversation.com/profiles/joseph-lillis-1505087">Joseph Lillis</a>, PhD Candidate in Nutritional Physiology, <a href="https://theconversation.com/institutions/anglia-ruskin-university-1887">Anglia Ruskin University</a>, and <a href="https://theconversation.com/profiles/mark-cortnage-438941">Mark Cortnage</a>, Senior Lecturer in Public Health and Nutrition, <a href="https://theconversation.com/institutions/anglia-ruskin-university-1887">Anglia Ruskin University</a> Image credits: Getty Images This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/people-in-the-worlds-blue-zones-live-longer-their-diet-could-hold-the-key-to-why-221463">original article</a>.

Food & Wine

"Pathetic" fine for killer of beloved 40-year-old blue groper

In a shocking act of disregard for both marine life and the law, a 26-year-old individual has plunged a spear into the heart of Sydney's Cronulla community by illegally spearing and killing the beloved blue groper known as Gus. Blue gropers, revered for their non-aggressive nature and inquisitive demeanour, have been the official fish of New South Wales since 1996, enjoying legal protection against spearfishing and commercial exploitation. After visiting and entertaining locals in the area for over 40 years, Gus, affectionately named by the community, met a tragic end at Old Park in Cronulla, a well-signed no-spearfishing zone. The incident has left the local community seething with anger and grief, prompting demands for harsher penalties and increased community education. A local Facebook post on the incident quickly garnered more than 100 comments and 500 reactions, reflecting the collective outrage of concerned locals. One individual expressed their frustration, saying, "Omg what an a**hole! I've been trying to find that groper for ages, and now I'll never get to see him. I hope this guy gets a massive fine." Witnesses to the distressing incident, including Tenielle Piek, reported the callousness of the spearfisherman to <a href="https://www.news.com.au/technology/environment/outrage-over-fishermans-pathetic-punishment-for-killing-iconic-blue-groper-in-cronulla/news-story/7dec503e9b95ec1fd8d7e7b0f8438036" target="_blank" rel="noopener">news.com.au</a>, who proudly displayed the lifeless groper. Piek lamented the loss of the "Labrador of the Sea" and the vulnerability of these tame and curious creatures to spearfishing. She fears that future generations may be deprived of the opportunity to experience these beautiful creatures in their natural habitat along the shores of Cronulla. Despite the gravity of the crime, the spearfisherman was initially handed a meagre fine of $500, sparking outrage among locals who believed the punishment to be woefully inadequate. NSW Fisheries then tacked on an additional $300, and while the culprit displayed remorse during the interview with fisheries officers and was a first-time offender, the community clearly still feels shortchanged by the leniency of the penalty. A spokesperson from the Department of Primary Industries claimed that the individual was provided with education and awareness material to understand the rules of spearfishing. However, the paltry $300 fine out of a potential $11,000 seems insufficient to deter future acts of this nature. As the investigation appears to conclude, the Cronulla community remains on edge, grappling with the inadequacy of the penalties issued. The tragic fate of Gus demands justice and a resolute commitment to preserving the delicate marine ecosystem. Anything less than a substantial deterrent risks further harm to these innocent creatures and the cherished natural beauty of Cronulla's shores. Images: Facebook

Legal

Do blue-light glasses really work? Can they reduce eye strain or help me sleep?

<a href="https://theconversation.com/profiles/laura-downie-1469379">Laura Downie</a>, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a> Blue-light glasses are said to <a href="https://www.baxterblue.com.au/collections/blue-light-glasses">reduce eye strain</a> when using <a href="https://www.blockbluelight.com.au/collections/computer-glasses">computers</a>, improve your <a href="https://www.ocushield.com/products/anti-blue-light-glasses">sleep</a> and protect your eye health. You can buy them yourself or your optometrist can prescribe them. But <a href="https://mivision.com.au/2019/03/debate-continues-over-blue-blocking-lenses/">do they work</a>? Or could they do you harm? We <a href="https://www.cochranelibrary.com/cdsr/doi/10.1002/14651858.CD013244.pub2/full">reviewed</a> the evidence. Here’s what we found. <h2>What are they?</h2> Blue-light glasses, blue light-filtering lenses or blue-blocking lenses are different terms used to describe lenses that reduce the amount of short-wavelength visible (blue) light reaching the eyes. Most of these lenses prescribed by an optometrist decrease blue light transmission by <a href="https://onlinelibrary.wiley.com/doi/10.1111/opo.12615">10-25%</a>. Standard (clear) lenses do not filter blue light. A wide variety of lens products are available. A filter can be added to prescription or non-prescription lenses. They are widely marketed and are becoming <a href="https://onlinelibrary.wiley.com/doi/10.1111/opo.12615">increasingly popular</a>. There’s often an added cost, which depends on the specific product. So, is the extra expense worth it? <h2>Blue light is all around us</h2> Outdoors, sunlight is the main source of blue light. Indoors, light sources – such as light-emitting diodes (LEDs) and the screens of digital devices – emit varying degrees of blue light. The amount of blue light emitted from artificial light sources is much lower than from the Sun. Nevertheless, artificial light sources are all around us, at home and at work, and we can spend a lot of our time inside. <figure class="align-center zoomable"><a href="https://images.theconversation.com/files/549210/original/file-20230920-16-tsb23b.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img src="https://images.theconversation.com/files/549210/original/file-20230920-16-tsb23b.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px" srcset="https://images.theconversation.com/files/549210/original/file-20230920-16-tsb23b.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=450&fit=crop&dpr=1 600w, https://images.theconversation.com/files/549210/original/file-20230920-16-tsb23b.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=450&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/549210/original/file-20230920-16-tsb23b.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=450&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/549210/original/file-20230920-16-tsb23b.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=566&fit=crop&dpr=1 754w, https://images.theconversation.com/files/549210/original/file-20230920-16-tsb23b.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=566&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/549210/original/file-20230920-16-tsb23b.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=566&fit=crop&dpr=3 2262w" alt="Blue light-filtering lenses block some blue light from screens from reaching the eye" /></a><figcaption>Screens emit blue light. The lenses are designed to reduce the amount of blue light that reaches the eye. <a class="source" href="https://www.shutterstock.com/image-vector/blue-light-blocking-ray-filter-lens-2286229107">Shutterstock</a></figcaption></figure> Our research team at the University of Melbourne, along with collaborators from Monash University and City, University London, sought to see if the best available evidence supports using blue light-filtering glasses, or if they could do you any harm. So we conducted a <a href="https://www.cochranelibrary.com/cdsr/doi/10.1002/14651858.CD013244.pub2/full">systematic review</a> to bring together and evaluate all the relevant studies. We included all randomised controlled trials (clinical studies designed to test the effects of interventions) that evaluated blue light-filtering lenses in adults. We identified 17 eligible trials from six countries, involving a total of 619 adults. <h2>Do they reduce eye strain?</h2> We found no benefit of using blue light-filtering lenses, over standard (clear) lenses, to reduce eye strain with computer use. This conclusion was based on consistent findings from three studies that evaluated effects on eye strain over time periods ranging from two hours to five days. <h2>Do they help you sleep?</h2> Possible effects on sleep were uncertain. Six studies evaluated whether wearing blue-light filtering lenses before bedtime could improve sleep quality, and the findings were mixed. These studies involved people with a diverse range of medical conditions, including insomnia and bipolar disorder. Healthy adults were not included in the studies. So we do not yet know whether these lenses affect sleep quality in the general population. <h2>Do they boost your eye health?</h2> We did not find any clinical evidence to support using blue-light filtering lenses to protect the macula (the region of the retina that controls high-detailed, central vision). None of the studies evaluated this. <h2>Could they do harm? How about causing headaches?</h2> We could not draw clear conclusions on whether there might be harms from wearing blue light-filtering lenses, compared with standard (non blue-light filtering) lenses. Some studies described how study participants had headaches, lowered mood and discomfort from wearing the glasses. However, people using glasses with standard lenses reported similar effects. <h2>What about other benefits or harms?</h2> There are some important general considerations when interpreting our findings. First, most of the studies were for a relatively short period of time, which limited our ability to consider longer-term effects on vision, sleep quality and eye health. Second, the review evaluated effects in adults. We don’t yet know if the effects are different for children. Finally, we could not draw conclusions about the possible effects of blue light-filtering lenses on many vision and eye health measures, including colour vision, as the studies did not evaluate these. <h2>In a nutshell</h2> Overall, based on relatively limited published clinical data, our review does not support using blue-light filtering lenses to reduce eye strain with digital device use. It is unclear whether these lenses affect vision quality or sleep, and no conclusions can be drawn about any potential effects on the health of the retina. High-quality research is needed to answer these questions, as well as whether the effectiveness and safety of these lenses varies in people of different ages and health status. If you have eye strain, or other eye or vision concerns, discuss this with your optometrist. They can perform a thorough examination of your eye health and vision, and discuss any relevant treatment options.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/213145/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/laura-downie-1469379">Laura Downie</a>, Associate Professor in Optometry and Vision Sciences, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a> Image credits: Getty Images This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/do-blue-light-glasses-really-work-can-they-reduce-eye-strain-or-help-me-sleep-213145">original article</a>.

Body

Terminally ill teacher convicted of child abuse granted end-of-life permit

A convicted child abuser from Adelaide, who was imprisoned for his acts of paedophilia against students during his tenure as a music teacher, has been authorised to pursue assisted dying, according to an exclusive report by <a href="https://www.9news.com.au/national/exclusive-adelaide-news-jailed-paedophile-teacher-malcolm-day-given-end-of-life-permit-voluntary-assisted-dying/cab7e95c-f3b1-4dbd-ae0d-cc8dbfee22c0" target="_blank" rel="noopener">9News</a>. Malcolm Day, aged 81, has emerged as the first incarcerated individual in Australia to receive approval for voluntary assisted dying following a terminal illness diagnosis, reportedly linked to cancer. Having received a 20-year prison sentence last June, Day's remaining term spans 17 years. Navigating the 11-step process required for accessing voluntary assisted dying in South Australia, Day's application is reported to be in its concluding stages, potentially reaching completion within the next few days. Dr Philip Nitschke, the director of the pro-euthanasia organisation Exit International, acknowledged that an incarcerated individual availing themselves of this scheme was an inevitable eventuality. "By the sounds of it, he satisfies all the conditions of the South Australian assisted dying legislation," Dr Nitschke told 9News. "So there should be no impediment… he should be given the option that any other person would have if they were terminally ill." During the 1980s, Day, while serving as a music teacher in South Australia, inflicted profound and lasting harm upon two of his students. After grooming and exploiting his victims, he vehemently refuted all allegations when investigated by educational authorities. When Day was sentenced, his legal representative, Stephen Ey, acknowledged the real possibility of his client passing away behind bars, saying at the time that it was "a real prospect... given his age." According to the latest data from SA Health, since the initiation of voluntary assisted dying in January of this year, 39 terminally ill residents of South Australia have opted to peacefully conclude their lives after being granted the necessary permits. Image: Nine News

Legal

Kathleen Folbigg pardoned after 20 years behind bars

Jailed in 2003 and considered at the time to be Australia’s most prolific female serial killer, Kathleen Folbigg has now been pardoned over the death of her four children and will be released without delay. Folbigg, 55, was convicted of killing her three children Patrick, Sarah and Laura, and was also found guilty of the manslaughter of her firstborn Caleb between 1989 to 1999. Her babies were aged between 19 days and 19 months. The historic convictions have not been quashed as that can only be done through the Court of Criminal Appeal. Folbigg has always maintained her innocence, insisting that her children had each died of natural causes, and as a result she has served 20 years of a minimum 25-year prison sentence. NSW Attorney General Michael Daley announced the pardon, saying Folbigg had endured “a terrible ordeal” and there was a possibility she could sue the government if the convictions were quashed, a legal step which goes beyond a pardon. "What is the difference between today and what has transpired in the past? New evidence has come to light," he said, referring to new scientific evidence submitted in an inquiry into the death of the babies. Former NSW Chief Justice Tom Bathurst KC is leading the inquiry and is now writing up a final report for the NSW governor. Daley said he had received a phone from Chief Justice Bathurst last week that "he had come to a firm view" about what the outcome of his report would be. Prosecutors argued Folbigg smothered her children during periods of frustration and insisted that some of her diary entries were admissions of guilt. New scientific evidence has now cast sufficient doubt on her guilt. Folbigg and her two daughters were found to carry a rare genetic variant, CALM2-G114R, which can cause cardiac arrhythmia and sudden death. According to cardiology and genetic experts, the genetic verity was a “reasonably possible cause” of Sarah and Laura’s death. The variant was not found in Caleb or Patrick. Images: Facebook

News

How to beat the retirement blues

When people plan their retirement they don’t usually expect Post retiring depression (PRD). This kind of depression usually stems from dashed expectations, financial trouble or feeling lost and lonely. That’s why we’ve got four top tips to avoid PRD and enjoy your free time. 1. Plan it out Know what you want to do, not what you think you should be doing. Don’t hold back in indulging yourself, travelling the world, volunteering abroad – the temporary discomfort of not knowing is better than realising when it’s too late that you never completed your bucket list. 2. Routine A sudden lack of structure can become exhausting or at least unsettling. Schedule activities such as exercise, housework, errands, and social time. Then let the day flow from there. 3. Keep active There is a lot of research to show that the people who cope best with retirement are those who stay active and involved. This might include: <ul> <li>Developing an old hobby or starting a new one. </li> <li>Staying physically active, through walking, swimming, gym or sport. Make sure your exercise routine is appropriate for your physical capacities and limitations. </li> <li>Volunteering with a charity or church group. </li> <li>Working part-time. </li> <li>Studying a course.</li> </ul> 4. Stay in touch Loneliness and isolation can be easily avoided, so don’t fall into the trap of feeling alone. Make the effort to stay in contact with family and friends. Offer to babysit your grandchildren. Check out local community centres for upcoming activities you might enjoy. Even if you're not sure try something new, you might surprise yourself! Images: Getty

Retirement Life

"I fell for it!": Boys in blue crash gender reveal party

One Sydney couple have taken their friends and family by surprise with their high-stakes gender reveal, where the father-to-be was apparently put under arrest by two police officers. Mina Ibrahim revealed their elaborate prank with a video posted to his TikTok account. Mina’s video begins with footage of the moment of his ‘arrest’, before it cuts to the TikToker at a later date, explaining that “that’s me being arrested at my baby’s gender reveal.” He goes on to share the full video, and a promise that the ending will answer any questions his viewers may have. In the clip, the parents-to-be can be seen talking to two uniformed NSW ‘police officers’, guests all around them, with Mina asking for onlookers to get their phones out. He then pushes one of the officers, telling them to leave, and both grab him before attempting to handcuff him, while his pregnant partner attempts to intervene. As family members rush to assist, one of the officers calls for everyone to calm down, then delivers news that takes them all by surprise - and delight - by telling them, “it’s a baby girl.” “So it was the cops who announced to everyone that I was having a baby girl,” present-day Mina informed his audience, before noting that there was a fake balloon inside to throw their guests off the surprise scent. <div class="mol-embed" style="font-size: 16px; margin: 0px 0px 8px; padding: 0px; min-height: 1px; letter-spacing: -0.16px; text-align: center; font-family: graphik, Arial, sans-serif; background-color: #ffffff;"> <blockquote id="v34606683345148116" class="tiktok-embed" style="margin: 18px auto; padding: 0px; min-height: 1px; letter-spacing: -0.01em; position: relative; width: 605px; box-sizing: border-box; line-height: 1.15; overflow: hidden; text-size-adjust: 100%; font-family: proxima-regular, PingFangSC, sans-serif; max-width: 605px; min-width: 325px;" cite="https://www.tiktok.com/@mina.ibs/video/7232964823296773383" data-video-id="7232964823296773383" data-embed-from="oembed"><iframe style="letter-spacing: -0.01em; border-width: initial; border-style: none; width: 605px; height: 735px; display: block; visibility: unset; max-height: 735px;" src="https://www.tiktok.com/embed/v2/7232964823296773383?lang=en-GB&referrer=https%3A%2F%2Fwww.dailymail.co.uk%2Fnews%2Farticle-12082153%2FGender-reveal-party-prank-sees-cops-arrest-father-be.html&embedFrom=oembed" name="__tt_embed__v34606683345148116" sandbox="allow-popups allow-popups-to-escape-sandbox allow-scripts allow-top-navigation allow-same-origin"></iframe></blockquote> </div> The prank attracted thousands of views online, with many flocking to his comments section to share their congratulations with the parents-to-be. Others, while thrilled for them and their happy news, were open about their concern, having fallen for the trick right along with the couple’s loved ones. “I fell for it and I was worried for your wife!!!,” one confessed. “I was freaking out hahahah you got me”. “I was worried too haha … you scared me,” another said. “Omygosh! I was ready to sue them coppas with you!” came one response, “but congratsss! What a way to reveal!” One other simply wanted to know if the entire situation was even allowed, believing that impersonating the police may not be. And another had simply been suspicious from the very start, noting “Broooo the whole time I was like … something ain’t right! He’s not carrying his gun”. Images: TikTok

Family & Pets

Aussie author of "Puberty Blues" dies at 64

Gabrielle Carey, co-author of the iconic novel Puberty Blues, has passed away at 64. The news was reportedly broken by Carey’s old friend and co-writer Kathy Lette, who was the other half of the creative powerhouse that brought Puberty Blues to life. In a post to social media, Lette shared a throwback picture of the pair in their younger years, and wrote, “I’m deeply saddened by the tragic news about my old friend Gabrielle Carey. “I have such happy memories of our teenage years. They were halcyon, heady days full of love, laughter and adventure. “We made some mischief and broke some barriers by writing Puberty Blues – our raw, earthy take on the brutal treatment of young women in the Australian surfing scene which is sadly, still so relevant. “My heartfelt condolences to her family and friends.” <blockquote class="twitter-tweet"> I’m deeply saddened by the tragic news about my old friend Gabrielle Carey. I have such happy memories of our teenage years. They were halcyon, heady days full of love, laughter and adventure. 1/2 🧵 <a href="https://t.co/2wZZiRf1hd">pic.twitter.com/2wZZiRf1hd</a> — Kathy Lette (@KathyLette) <a href="https://twitter.com/KathyLette/status/1654136967636959234?ref_src=twsrc%5Etfw">May 4, 2023</a></blockquote> The groundbreaking book they penned together, which went on to be adapted as both a movie and a hit TV series, was a candid - then-controversial - story of two teenage girls growing up in Sydney’s Sutherland Shire. It pushed boundaries, captivated young audiences while tackling themes many did not expect for said target audience, and is regarded by many as being the first Australian teenage novel to be written by teens. From Puberty Blues, Carey went on to publish memoirs and nonfiction works, with another of her books - her 1984 Just Us, which covered her relationship with rapist and prisoner Terry Haley, who she married while he was imprisoned - also made into a telemovie in 1986. No suspicious circumstances surrounded her death, according to The Australian, though the tragic news comes just months after she wrote about her father’s suicide in The Sydney Morning Herald. At the time, Carey had revealed she was afraid of reaching 64, as that was when he too had passed on. “It was only decades later, when my father died from suicide on the very day he turned 64, that I became terrified of that number,” she wrote. “If I have inherited my father’s disposition for depression, did that mean I would also end up in an early grave? Carey’s early passing is one that has hit her friends and her fans hard, with many joining Lette in sharing their grief and their condolences on social media. “Farewell dear Gabrielle. You were a sister in the cause of mental illness, its impact & our children. I’m enriched for having known you,” one supporter wrote. “Thank you.” “Writer - Reader - Intellectual - Joycean (fanatical) - Elizabeth von Arnim devotee - Avid Gardener - Rose Petal Jam Maker - Football Follower - Kayaker - Yogi - Joker - Irrepressible Spirit - Hobbit - Underground Writer - My Friend,” friend and fellow writer Yumna Kassab wrote. “I will always miss you.” “So sorry for your loss,” one fan said in response to Lette’s tweet. “You have no idea how much as a girl growing up in a coastal town with a surfing scene I understood Puberty Blues. I saw it every day. You & Gabrielle laid it all bare & made girls stand up for themselves. Thank you”. “My deepest condolences Kathy,” another offered. “The two of you wrote something so treasured by Gen X girls. It was our ‘how to say no guide’. Our Teen handbook. But it still let us live our lives & learn as we went. RIP Gabrielle Carey.” Images: Facebook

News

Hill Street Blues star passes away

Hill Street Blues star Barbara Bosson has passed away aged 83. Bosson, who played Fay Furillo in the American police drama, was a popular TV star in the ‘80s, earning five consecutive Emmy nominations for her role. She was also the ex-wife of TV giant Steven Bohcho, who created Hill Street Blues and several other hit shows at the time. The news of Bosson’s death was shared by her son, Jesse Bohcho, who shared an image of he and his mother when he was a child. "More spirit and zest than you could shake a stick at. When she loved you, you felt it without a doubt. If she didn't, you may well have also known that too. Forever in our hearts. I love you Mama. Barbara "Babs" Bosson Bochco 1939-2023," he captioned the image. Dirty Dancing star Jennifer Grey shared her support, commenting a red heart under Bochco’s Instagram. Bosson was also known for her roles in shows including Murder One, Hooperman and films including Cop Rock and Calendar Girl Murders. Hill Street Blues proved Bosson's main claim to fame, with her leaving the show in 1985 during its sixth season after being fired from the project over creative disagreements. Bosson and Steven Bohcho went on to work together on other projects, including the Rockford Files spin-off Richie Brockelman, Private Eye, Hooperman and the musical Cop Rock. The pair divorced in 1997 but continued to co-parent their son Jesse, who was born in 1975. Steven died in 2018 at the age of 73. Further details of Bosson’s death are yet to be revealed. Image credit: Instagram

News

Can juries still deliver justice in high-profile cases in the age of social media?

The recent <a href="https://theconversation.com/why-was-the-lehrmann-trial-aborted-and-what-happens-next-193382" target="_blank" rel="noopener">sudden end</a> to the Bruce Lehrmann trial last month raises again whether the jury is fit for purpose in a 21st century hyper-connected world. That jury’s service in the Lehrmann case ended peremptorily after it was revealed to the judge that material downloaded from the internet (which was highly relevant to the case and not introduced as evidence) had been found in the jury room. A retrial has been <a href="https://www.news.com.au/national/nsw-act/courts-law/bruce-lehrmann-retrial-confirmed-for-2023-says-act-director-of-public-prosecutions-shane-drumgold/news-story/6012323f3d863985ce5a001f10a3a7eb" target="_blank" rel="noopener">set for late February</a>. Lehrmann had been accused of raping former Liberal Party staffer Brittany Higgins, to which he pleaded not guilty. The costs so far (to both parties and the court) could well exceed a million dollars. With easy access to the internet available to any juror who owns a mobile phone, is it conceivable that all jurors will abide by the strict instructions of a judge admonishing them to pay attention only to the evidence adduced in the trial? Are instructions to jurors to avoid media sources meaningless given the accessibility of the internet? These aren’t new questions. In 2005, <a href="https://www.parliament.nsw.gov.au/researchpapers/Documents/trial-by-jury-recent-developments/jury%20and%20index.pdf" target="_blank" rel="noopener">a report</a> prepared for the NSW Parliamentary Library Research Service observed: <blockquote> Prominent cases in recent years […] have illustrated the legal problems that can occur when jurors, despite judicial instructions to confine their deliberations to the evidence before them, undertake their own research, discuss the case with non-jurors, or visit a place connected with the offence. The increasing amount of legal information available on the internet is a cause for particular concern. The Jury Amendment Act 2004 […] prohibits jurors from making inquiries about the accused or issues in the trial, except in the proper exercise of juror functions. </blockquote> But for all the warnings and threats of consequences, a juror may still stray down <a href="http://www.lawfoundation.net.au/ljf/site/templates/grants/$file/UNSW_Jury_Study_Hunter_2013.pdf" target="_blank" rel="noopener">the path of private sleuth</a>. It’s easy to do and Australians have a voracious appetite for social media. In 2018 <a href="https://www.yellow.com.au/wp-content/uploads/2018/06/Yellow-Social-Media-Report-2018-Consumer.pdf" target="_blank" rel="noopener">a survey reported</a> 62% of Australian adults use social media sites every day, and 34% use them more than five times a day. This becomes particularly problematic when the eyes of the world are fixed on cases such as these. The sudden and unexpected end to the Lehrmann trial prompts a more fundamental question: should we continue to persist with juries at all? <h2>Two sides</h2> There are two sides to the argument regarding retention of the jury. On the one hand, juries have stood the test of time. The idea of being tried by one’s peers was entrenched by the <a href="https://www.bl.uk/magna-carta/articles/magna-carta-and-jury-trial" target="_blank" rel="noopener">Magna Carta of 1215</a>. Even though the jury as we know it didn’t crystallise until about 350 years ago and has been through a number of permutations since then, there would be few people who could argue against its symbolic legitimacy given its staying power. Over that time, juries have been given sustained examination in Australia by the <a href="https://www.lawreform.justice.nsw.gov.au/Documents/Publications/Reports/Report-48.pdf" target="_blank" rel="noopener">New South Wales Law Reform Commission</a>, the Queensland <a href="https://www.ccc.qld.gov.au/sites/default/files/Docs/Publications/CJC/The-jury-system-in-criminal-trials-in-qld-Issues-paper-1991.pdf" target="_blank" rel="noopener">Criminal Justice Commission</a>, the <a href="https://www.parliament.vic.gov.au/images/stories/committees/lawrefrom/jury_service/report_volume_1.pdf" target="_blank" rel="noopener">Victorian Law Reform Committee</a>, and most recently by academics at <a href="https://cdn.csu.edu.au/__data/assets/pdf_file/0007/3452182/Jury-Reasoning-v2-NEW-BRANDING.pdf" target="_blank" rel="noopener">Charles Sturt University</a>, to name a few. Juries have survived largely intact throughout this exercise. On the other hand, there are doubts about their efficiency. Juries took a hit after the High Court decision <a href="https://theconversation.com/the-jury-may-be-out-on-the-jury-system-after-george-pells-successful-appeal-135814" target="_blank" rel="noopener">in the George Pell appeal</a> where the judges, in allowing the appeal, ruled that no jury, properly instructed, could have reached a guilty verdict in his trial. What’s more, it’s overstated to say that trial by jury is a fundamental bulwark of fairness in the criminal justice system. Indeed, 92% of criminal matters in Australia are dealt with in the <a href="https://www.abs.gov.au/statistics/people/crime-and-justice/criminal-courts-australia/latest-release" target="_blank" rel="noopener">magistrates courts</a>, where there are no juries. Of the remaining 8% referred to the “superior” criminal courts (Supreme, District and County), more and more defendants are choosing “judge alone” trials (in jurisdictions where that option is available). For example, in NSW, <a href="https://theconversation.com/jury-is-out-why-shifting-to-judge-alone-trials-is-a-flawed-approach-to-criminal-justice-137397" target="_blank" rel="noopener">up to a quarter of accused persons</a> are now electing to be tried without a jury. Other studies have highlighted how jurors <a href="https://www.sciencedirect.com/science/article/abs/pii/S0194659507000470" target="_blank" rel="noopener">overrate DNA evidence</a> despite judicial directions, which may lead to <a href="https://researchdirect.westernsydney.edu.au/islandora/object/uws:10533" target="_blank" rel="noopener">far more jury convictions</a> than are warranted, and how jurors’ perceptions of guilt and innocence can be affected by the <a href="https://researchdirect.westernsydney.edu.au/islandora/object/uws:44141" target="_blank" rel="noopener">positioning of defendants</a> in the courtroom. <a href="https://espace.library.uq.edu.au/view/UQ:331175" target="_blank" rel="noopener">Another study</a> found that although jurors report they understand directions, they often don’t appear to use those directions in arriving at a decision. And finally, as the Lehrmann trial has illustrated, it’s not unusual for jurors to ignore or misunderstand the instructions that have been given to them. But, what about the ability of juries to apply some of their own “commonsense” justice? True, there are examples of juries wielding their own commonsense stick. For example, a verdict that <a href="https://www.coursehero.com/file/p7dtm6g/R-v-R-1981-28-SASR-321-South-Australian-Supreme-Court-King-CJ-Jacobs-Zelling-JJ/" target="_blank" rel="noopener">occurred in 1981</a> when a South Australian jury returned a verdict of not guilty for a woman who had been charged with the murder of her husband. The jury decided that the defence of provocation (only available to reduce murder to manslaughter) exonerated her, figuring that, in the time before the victim’s death, his severe and persistent abuse of his family had pushed his wife to breaking point. There is, however, a contrary argument. Research has revealed that “commonsense” <a href="https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12181" target="_blank" rel="noopener">comes with coded biases</a>, such that telling jurors to use their commonsense is futile, given it’s difficult (if not impossible) to erode such biases. <h2>Are there other options?</h2> One alternative to the jury is mixed judiciaries used in some European countries, where one may find a panel of judges or <a href="https://academic.oup.com/book/32863/chapter/275978049?login=true" target="_blank" rel="noopener">a combination of judges and lay people</a>. But the common law world has never looked like following that lead. Another alternative in use in Australia is a judge alone trial, although <a href="https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9697/97rp11" target="_blank" rel="noopener">that option</a> isn’t always available, and by virtue of <a href="https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9697/97rp11" target="_blank" rel="noopener">Section 80 of the Constitution</a> isn’t available in a trial of a serious federal offence. Indeed, there’s no guarantee that judges themselves are immune from social media influences. While there’s a widespread belief that judges are more capable than juries of putting <a href="https://chelmsfordlegal.com.au/trial-by-judge-alone-is-it-possible-and-if-so-is-it-preferable/" target="_blank" rel="noopener">to one side their own prejudices</a>, the rules regarding sub judice contempt (discussing publicly a matter that is before a court in a manner that may influence the outcome) applies equally to judge alone and jury trials. Adding to the policy confusion, there’s some evidence trials by judge alone do make a difference to the outcome. The NSW Bureau of Crime Statistics <a href="https://stacklaw.com.au/news/criminal-law/trial-by-jury-vs-trial-by-judge-alone-whats-the-difference/" target="_blank" rel="noopener">examined NSW trials between 1993 and 2011</a> and found defendants were acquitted 55.4% of the time in a judge alone trial, compared to 29% in a jury trial. Another reform idea is to allow jurors to <a href="https://scholar.google.com/citations?view_op=view_citation&hl=en&user=dMsPrLwAAAAJ&citation_for_view=dMsPrLwAAAAJ:7PzlFSSx8tAC" target="_blank" rel="noopener">raise questions with the judge</a> during breaks in the trial, including asking about things they may have “accidentally” come across on social media. A judge could send the jury out while the lawyers present to the judge how they think the questions should be handled and answered. However, this idea has yet to excite policymakers. In the end, we must accept there are flaws in jury process. But finding acceptable alternatives has proved difficult, hence the reluctance of governments to abandon the status quo. Judges will continue to warn against private sleuthing, but one suspects that it will, from time to time, continue regardless. One can only hope the disaster that befell the Lehrmann trial sends a salutary lesson to prospective jurors henceforth: listen to what the judge tells you, and during the course of the trial leave your favourite search engine alone. This article originally appeared on <a href="https://theconversation.com/can-juries-still-deliver-justice-in-high-profile-cases-in-the-age-of-social-media-193843" target="_blank" rel="noopener">The Conversation</a>. Image: ABC

Legal

The High Court of Australia has a majority of women justices for the first time

In appointing Justice Jayne Jagot to the High Court, the Albanese government has made history: for the first time, the court will have a majority of women on its bench. We have come a long way. At the turn of the 20th century, women were not permitted to practise law in any Australian jurisdiction. And even when those formal barriers to admission were eventually removed, informal barriers meant the law remained a man’s world. For more than 80 years after its establishment in 1903, the High Court of Australia remained the exclusive preserve of men. It was not until 1987 that Mary Gaudron, became the first woman to serve on the court. Women have been appointed to the High Court with some regularity over the past decade. Yet only seven women have been appointed of a total of 56 justices. The first woman to serve as Chief Justice of the High Court, Susan Kiefel, was sworn-in in 2017. Justice Jayne Jagot will replace Justice Patrick Keane on the High Court, which means four of the seven justices will be women. In <a href="https://ministers.pmc.gov.au/dreyfus/2022/appointment-high-court-australia" target="_blank" rel="noopener">announcing</a> the appointment, Attorney-General Mark Dreyfus explicitly acknowledged the historical significance of the appointment, noting “this is the first time since Federation that a majority of Justices on the High Court will be women”. He described the new judge as an “outstanding lawyer and an eminent judge”. The government is largely unrestrained in making their appointments beyond a <a href="https://www.legislation.gov.au/Details/C2004A02147" target="_blank" rel="noopener">requirement</a> they consult with state attorneys-general and the appointee meets the minimum qualifications of admission as a legal practitioner. Certainly, there is nothing that compels the government to consider the value of diversity in making its appointments. Moreover, there is little transparency and accountability in the process – the government is not required to shortlist against publicly available selection criteria or to account for its decision-making. <h2>Australia needs greater transparency in appointing judges</h2> Calls to reform High Court appointment practice to improve diversity, transparency and accountability are not new. Importantly, these criticisms have very rarely been personal (about the suitability of individual appointees). However, these calls were renewed in 2020 in response to allegations that Dyson Heydon had sexually harassed legal associates during his time as a Justice on the High Court of Australia. In an <a href="https://theconversation.com/deep-cultural-shifts-required-open-letter-from-500-legal-women-calls-for-reform-of-way-judges-are-appointed-and-disciplined-142042" target="_blank" rel="noopener">open letter</a> to then Attorney-General Christian Porter, more than 500 legal women called for reforms to how Australia appoints and disciplines its judges. It called for shortlisting against publicly available criteria, including legal knowledge, skill and expertise, as well as essential personal qualities (such as integrity and good character). It was further proposed that the value of diversity in judicial appointments should also be respected in formulating criteria. More recently, the Australian Law Reform Commission’s new <a href="https://www.alrc.gov.au/news/without-fear-or-favour/#:%7E:text=The%20ALRC%20concluded%20that%2C%20given,public%20confidence%20in%20the%20judiciary." target="_blank" rel="noopener">report</a> on judicial impartiality outlined a series of recommendations. One of those recommendations was for a more transparent process for the appointment of federal judicial officers. Historically, there has been little appetite for formal reforms to High Court appointment practices. Successive governments have often <a href="https://journals.sagepub.com/doi/abs/10.1177/1037969X1504000305" target="_blank" rel="noopener">avoided explicitly</a> commenting on the value of a more diverse judiciary. It remains to be seen whether the government will seek to implement formal reforms. However, Dreyfus is <a href="https://www.auspublaw.org/blog/2022/08/the-alrc-on-judicial-impartiality-and-the-momentum-towards-judicial-appointments-reform" target="_blank" rel="noopener">understood</a> to be sympathetic to a more open and transparent appointment process. In announcing the most recent appointment, he explained the extensive consultation undertaken by the government, which was certainly more far-reaching than we have seen in recent years. It consulted with all state and territory attorneys-general, the heads of the federal courts, and state and territory supreme courts. It also spoke with state and territory bar associations and law societies, National Legal Aid, Australian Women Lawyers, the National Association of Community Legal Centres and deans of law schools. Justice Jagot’s appointment has been <a href="https://www.lawyersweekly.com.au/wig-chamber/35635-lawyers-laud-historic-appointment-of-jayne-jagot-to-high-court" target="_blank" rel="noopener">widely praised</a> within the legal profession. Although legal commentators emphasised that it was a welcome milestone for women, it was nonetheless <a href="https://www.afr.com/politics/labor-gets-it-right-with-latest-high-court-pick-20220929-p5blyq" target="_blank" rel="noopener">framed</a> as something of a happy (if politically expedient) coincidence given her eminence as a jurist. <h2>Why do women judges matter?</h2> In answering this, it is worth remembering the classic quote from Ruth Bader Ginsburg in response to questions about when there will be “enough” women judges on the United States Supreme Court. Ginsburg replied there would enough <a href="https://www.theguardian.com/commentisfree/2012/nov/30/justice-ginsburg-all-female-supreme-court" target="_blank" rel="noopener">when there were nine</a> (that is, all of them). Acknowledging that people were shocked by this response, Ginsburg famously countered <blockquote> there’s been nine men, and nobody’s ever raised a question about that. </blockquote> This exchange demonstrates how accustomed we are to the idea that judging is the domain of men. This very notion is reminiscent of the question posed by American lawyer Carrie Menkel-Meadow: “what would our legal system look like if women had not been excluded from its creation?” We can never know the answer to this question. Nor can these institutions necessarily be remade in a way that escapes their masculinist origins. And yet, a majority of women judges sitting on an apex court is still significant, both nationally and internationally. The process of “letting women in” has chipped away at these foundations and opened up possibilities for transformation. This is not because there is a distinctive women’s judicial voice (there isn’t). It is because a majority of women judges sitting on the High Court makes an important symbolic statement about women’s admission to legal authority in Australia. When an institution once occupied only by men admits women into its space, the <a href="https://www.routledge.com/Law-Women-Judges-and-the-Gender-Order-Lessons-from-the-High-Court-of-Australia/McLoughlin/p/book/9780367230357#:%7E:text=Resources%20Support%20Material-,Book%20Description,Court's%20historically%20masculinist%20gender%20regime." target="_blank" rel="noopener">existing gender</a> relations and gender norms cannot remain unaffected. We saw this in 2020 with the revelations about sexual harassment on the High Court and Chief Justice Susan Kiefel’s decisive response, which was widely praised. The admission of women to historically masculine domains does have the potential to disrupt institutional norms. Australia is certainly not the first apex court to have a majority of women justices. For example, the Federal Court of Malaysia has a <a href="https://www.fcfcoa.gov.au/node/224" target="_blank" rel="noopener">majority</a>(8/14) of women. But compared with other Western democracies, Australia has been progressive on this issue. In the UK, there is currently one woman on a bench of 12; in the US 4/9, New Zealand 3/6 and Canada 4/9. Of course, there will always be those who say gender shouldn’t matter. But gender has always mattered. It mattered for the first 80 years when only men were permitted to exercise legal authority at the peak of our legal system. And it still matters in 2022, when the High Court has a majority women justices for the first time. This article originally appeared on <a href="https://theconversation.com/the-high-court-of-australia-has-a-majority-of-women-justices-for-the-first-time-heres-why-that-matters-191675" target="_blank" rel="noopener">The Conversation</a>. Image: Shutterstock

Legal

Lynette Dawson's family responds to guilty verdict

Lynette Dawson’s family have called for one final request from Chris Dawson after he was <a href="https://oversixty.com.au/news/news/stunning-chris-dawson-verdict-handed-down" target="_blank" rel="noopener">found guilty of murdering his wife</a> after she “disappeared” 40 years ago. Justice Ian Harrison found Chris Dawson guilty of Lynette’s murder - 40 years after she went missing from the family home in Sydney's Northern Beaches in January 1982. The trial, which gained worldwide traction thanks to the podcast Teacher’s Pet, saw the incredible decision handed down following a seven week trial and a marathon four hour ruling. Lynette’s brother, Greg Simms has said justice has finally been served after she was murdered by someone who loved her. “I’m a little emotional - after 40 years, my sister has been vindicated,” he said. “This verdict is for Lyn. Today her name has been cleared. “The court has found what we believed to be true for so many years: Chris Dawson took the life of our beloved Lyn back in 1982.” Unfortunately, Lynette’s parents and other brother passed away in the years following her murder, not knowing what would come out of the case. Mr Simms has since called on Dawson to do the right thing and reveal where he buried Lynette so she can finally rest in peace. “We would also love to remember those who loved Lyn who are not here to see this judgement,” he said. “She is still missing, we still need to bring her home. “We would ask Chris Dawson to find it in himself to finally do the decent thing and allow us to bring Lyn home to a peaceful rest, finally show her the dignity she deserves.” When the case reopened, Dawson requested a judge-only trial due to the popularity of the Teacher’s Pet podcast, stating that the jury would have their decisions impacted by it. This required Justice Harrison to outline the reasons behind his decision also saying that the prosecution had to prove beyond reasonable doubt that Lynette was dead, that Dawson had killed her with the possible involvement of assistance of others, and that he disposed of her body. The Supreme Court justice shared several findings to support his decision and weighed in on evidence presented during the trial, including ruling that Lynette had died on the date alleged by the prosecution and dismissing claims from Dawson that he contacted his wife as “lies”. Justice Harrison said it was “simply absurd” and defied “common sense” that Lynette would be in contact with the person “who was the reason for her departure” from her home. He also ruled that Lynette didn’t leave home voluntarily, with the prosecution providing multiple reasons that were “strongly persuasive” when considered together, including that she adored her children, hadn’t taken any clothing or personal items with her, was mentally stable, and was dependent on her husband to drive her everywhere. “Lynette Dawson is dead … she died on or about 8 January 1982 and she did not voluntarily abandon her home,” he told the court. Justice Harrison dismissed claims from the defence that Lynette was spotted after January 8. He found that Dawson told JC, “Lyn’s gone, she’s not coming back, come back to Sydney and help look after the kids and live with me”, when he picked her up from a camping trip at South West Rocks with friends between January 10 and 12. However, he said that he disagreed with claims that Dawson was motivated to kill his wife because of financial reasons, nor that he had in his mind that he would kill her when he left with JC. “That decision was made following their return and after the teen had left for South-West Rocks,” Justice Harrison said. He said that he was “satisfied” that Dawson resolved to kill Lynette while JC was camping. Following the verdict, Dawson was taken into custody, with his lawyer, Greg Walsh, telling Justice Harrison that Dawson would likely apply for bail before his sentencing hearing, a date for which hasn’t been set yet.

News

"So proud": Blue Wiggle's daughter joins the cast

The daughter of Blue Wiggle Anthony Field has shared she has joined the children's entertainment group as a dancer. Lucia Field, 17, made the announcement on her TikTok account, as she shared a throwback picture of her and her famous dad with Dorothy the Dinosaur. She wrote, "I never would've believed you if 16 years ago you told me I'd be here." She then shared a photo of her in a blue skivvy dancing in front of the giant Wiggles logo. The video, which was posted on the offical Wiggles account, was flooded with comments of people cheering on the new dance member. <div class="embed" style="font-size: 16px; box-sizing: inherit; margin: 0px; padding: 0px; border: 0px; vertical-align: baseline; outline: none !important;"><iframe class="embedly-embed" style="box-sizing: inherit; margin: 0px; padding: 0px; border-width: 0px; vertical-align: baseline; width: 610px; max-width: 100%; outline: none !important;" title="tiktok embed" src="https://cdn.embedly.com/widgets/media.html?src=https%3A%2F%2Fwww.tiktok.com%2Fembed%2Fv2%2F7132666717473344769&display_name=tiktok&url=https%3A%2F%2Fwww.tiktok.com%2F%40thewiggles%2Fvideo%2F7132666717473344769%3Fis_copy_url%3D1%26is_from_webapp%3Dv1%26lang%3Den&key=59e3ae3acaa649a5a98672932445e203&type=text%2Fhtml&schema=tiktok" width="340" height="700" frameborder="0" scrolling="no" allowfullscreen="allowfullscreen"></iframe></div> Anthony also commented, saying he was "so proud" of his daughter. Lucia graduated from high school in December last year, with her excited father sharing a photo to Instagram of them together at her formal. In addition to Lucia, Anthony is father to daughter Marie, 16, and son Antonio, 14, whom he shares with his wife of 18 years, Michaela Patisteas. Anthony joined The Wiggles in 1979 alongside retired members Murray Cook, Greg Page and Jeff Fatt. The trio were replaced by 'Yellow Wiggle' Emma Watkins, who left the group in October last year, 'Purple Wiggle' Lachlan Gillespie and 'Red Wiggle' Simon Pryce. Image credits: TikTok

Family & Pets

Warming oceans may force New Zealand’s sperm and blue whales to shift to cooler southern waters

The world’s oceans are absorbing more than <a href="https://www.un.org/en/climatechange/science/climate-issues/ocean-impacts" target="_blank" rel="noopener">90% of the excess heat and energy</a> generated by rising greenhouse gas emissions. But, as the oceans keep warming, rising sea temperatures generate unprecedented cascading effects that include the melting of polar ice, rising seas, marine heatwaves and ocean acidification. This in turn has profound impacts on marine biodiversity and the lives and livelihoods of coastal communities, especially in island nations such as New Zealand. In our latest <a href="https://www.sciencedirect.com/science/article/pii/S1470160X22007075?via%3Dihub" target="_blank" rel="noopener">research</a>, we focused on great whales – sperm and blue whales in particular. They are crucial for maintaining healthy marine ecosystems, but have limited options to respond to climate change: either adapt, die, or move to stay within optimal habitats. We used mathematical models to predict how they are likely to respond to warming seas by the end of the century. Our results show a clear southward shift for both species, mostly driven by rising temperatures at the sea surface. <h2>Computing the fate of whales</h2> Data on the local abundance of both whales species are <a href="https://www.int-res.com/abstracts/meps/v690/p201-217/" target="_blank" rel="noopener">deficient</a>, but modelling provides a powerful tool to predict how their range is likely to shift. We used a <a href="http://macroecointern.dk/pdf-reprints/AraujoNew2007.pdf" target="_blank" rel="noopener">combination of mathematical models</a> (known as correlative species distribution models) to predict the future range shifts of these whale species as a response to three future climate change scenarios of differing severity, as outlined by the Intergovernmental Panel on Climate Change (<a href="https://www.ipcc.ch/" target="_blank" rel="noopener">IPCC</a>). We applied these models, using the whales’ present distributions, to build a set of environmental “rules” that dictate where each species can live. Using climate-dependent data such as sea-surface temperature and chlorophyll A (a measure of phytoplankton growth), as well as static data such as water depth and distance to shore, we applied these rules to forecast future habitat suitability. We chose a scenario of “<a href="https://www.nature.com/articles/d41586-020-00177-3" target="_blank" rel="noopener">modest</a>” response to cutting greenhouse gas emissions (the IPCC’s mitigation strategy RCP4.5), which is the most likely given the current policies, and a worst-case scenario (no policy to cut emissions, RCP8.5), assuming the reality will likely be somewhere between the two. Our projections suggest current habitats in the ocean around the North Island may become unsuitable if sea-surface temperatures continue to rise. These range shifts become even stronger with increasing severity of climate change. For sperm whales, which are currently abundant off Kaikōura where they support eco-tourism businesses, the predicted distribution changes are even more evident than for blue whales, depending on the climate change scenario. While our results do not predict an overall reduction in suitable habitat that would lead to local extinctions, the latitudinal range shifts are nevertheless bound to have important ecological consequences for New Zealand’s marine ecosystems and the people who depend on them. <h2>How whales maintain ecosystems</h2> Great whales are marine ecosystem engineers. They modify their habitats (or create new ones), to suit their needs. In fact, these activities create conditions that other species rely on to survive. They engineer their environment on several fronts. By feeding in one place and releasing their faeces in another, whales convey minerals and other nutrients such as nitrogen and iron from the deep water to the surface, as well as across regions. This process, known as a “<a href="https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0013255" target="_blank" rel="noopener">whale pump</a>”, makes these nutrients available for phytoplankton and other organisms to grow. This is very important because phytoplankton contributes about <a href="https://education.nationalgeographic.org/resource/plankton-revealed" target="_blank" rel="noopener">half of all oxygen to the atmosphere</a> and also captures <a href="https://www.imf.org/Publications/fandd/issues/2019/12/natures-solution-to-climate-change-chami" target="_blank" rel="noopener">about 40% of all released carbon dioxide</a>. By helping the growth of phytoplankton, whales indirectly contribute to the <a href="https://theconversation.com/tiny-plankton-drive-processes-in-the-ocean-that-capture-twice-as-much-carbon-as-scientists-thought-136599" target="_blank" rel="noopener">natural ocean carbon sink</a>. On top of this, each great whale accumulates about <a href="https://www.arcticwwf.org/the-circle/stories/protecting-the-earth-by-protecting-whales/" target="_blank" rel="noopener">33 tonnes of carbon dioxide in their body</a>, which they take to the ocean floor when they die and their carcass sinks. Ultimately, the impact of warming oceans on whale distribution is an additional stress factor on ecosystems already under pressure from wider threats, including acidification, pollution and over-exploitation. <h2>A way forward to help whales</h2> Sperm whales are the largest toothed whales (odontocetes) and deep-diving apex predators. They primarily feed on squid and fish that live near the bottom of the sea. Blue whales are baleen whales (mysticetes) and filter small organisms from the water. They feed at the surface on zooplankton, particularly dense krill schools along coastlines where cold water from the deep ocean rises toward the surface (so-called <a href="https://oceanservice.noaa.gov/facts/upwelling.html" target="_blank" rel="noopener">upwelling areas</a>). These differences in feeding habits lead to divergent responses to ocean warming. Blue whales show a more distinct southerly shift than sperm whales, particularly in the worst-case scenario, likely because they feed at the surface where ocean warming will be more exacerbated than in the deep sea. Both species have important foraging grounds off New Zealand which may be compromised in the future. Sperm whales are currently occurring regularly off Kaikōura, while blue whales forage in the South Taranaki Bight. Despite these ecological differences, our results show that some future suitable areas around the South Island and offshore islands are common to both species. These regions could be considered sanctuaries for both species to retreat to or expand their habitat in a warming world. This should warrant <a href="https://environment.govt.nz/assets/Publications/Files/Environmental-Report-Card-Marine-Areas-with-Legal-protection_0.pdf" target="_blank" rel="noopener">increased protection of these areas</a>. This article originally appeared on <a href="https://theconversation.com/warming-oceans-may-force-new-zealands-sperm-and-blue-whales-to-shift-to-cooler-southern-waters-188522" target="_blank" rel="noopener">The Conversation</a>. Image: Shutterstock

Travel Trouble

George Floyd deserved a better life

George Perry Floyd, Jr. was murdered when Minneapolis police officer Derek Chauvin sank his knee into Floyd’s neck for nine minutes and 29 seconds. Video footage went viral within hours, helping to inspire protests against racism and police violence that lasted all the American summer of 2020. But while the size of the protests was unprecedented, the activism of that summer had <a href="https://theconversation.com/the-fury-in-us-cities-is-rooted-in-a-long-history-of-racist-policing-violence-and-inequality-139752" target="_blank" rel="noopener">deep roots</a>. Journalists across the United States and indeed the world, focused attention on that history of protest, as they had done during the 2014 police killings of Eric Garner, choked to death in New York, and Michael Brown, shot in Ferguson, Missouri. At the Washington Post, reporters and researchers devoted significant resources to a six-part series, <a href="https://www.washingtonpost.com/nation/2020/10/12/george-floyd-america/" target="_blank" rel="noopener">George Floyd’s America</a>. Now, two of those journalists, Robert Samuels and Toluse Olorunnipa, have expanded the work into a book: <a href="https://www.penguinrandomhouse.com/books/703358/his-name-is-george-floyd-by-robert-samuels-and-toluse-olorunnipa/" target="_blank" rel="noopener">His Name Is George Floyd: One Man’s Life and the Struggle for Racial Justice</a>. When Floyd was born in 1973, 200,000 people were incarcerated in the US. By the time of his death, as Samuels and Olorunnipa point out, that number exceeded 2 million. The proportionate rate of growth of that number in <a href="https://usafacts.org/data/topics/security-safety/crime-and-justice/jail-and-prisons/prisoners/?utm_source=usnews&utm_medium=partnership&utm_campaign=fellowship&utm_content=bracketed_link" target="_blank" rel="noopener">Texas</a>, where Floyd grew up, is even worse. <a href="https://www.usnews.com/news/best-states/articles/2021-10-13/report-highlights-staggering-racial-disparities-in-us-incarceration-rates" target="_blank" rel="noopener">African Americans are locked up at 4.75 times the rate of white Americans; Latinos at 1.3 times the rate</a>. This <a href="https://www.sentencingproject.org/wp-content/uploads/2021/05/intl-rates.png" target="_blank" rel="noopener">extraordinary rate of incarceration</a> is a political choice rather than a reflection of more violent criminals being locked up. Rates of incarceration <a href="https://citeseerx.ist.psu.edu/viewdoc/download;jsessionid=ED19CF648065ABC51FE1605ED5D77E32?doi=10.1.1.462.6544&rep=rep1&type=pdf" target="_blank" rel="noopener">increase</a> with political conservatism and the increased rates of poverty, income inequality and unemployment that accompany that conservatism. Extensive investment in prisons, jails and police forces has created a self-perpetuating system that evolves by producing the very criminals it locks up. This life-and-times biography poignantly depicts the mechanisms by which African Americans, especially male children and adults, become disproportionately the fodder for that system. A long history of racism, it might be said, funnelled George Floyd to prison. <h2>The grandson of sharecroppers</h2> Floyd’s two parents were both born to <a href="https://www.merriam-webster.com/dictionary/sharecropper" target="_blank" rel="noopener">sharecroppers</a> in North Carolina. The cycle of poverty in which they were trapped was not of their own making. Black Americans have been prevented from building wealth from the moment slavery ended. Floyd’s great-great-grandfather, for example, who was born into slavery in 1857, amassed land worth $US30,000 in 1920, but his white neighbours stole it from him by a mixture of fraud underpinned by the threat of violence. That tale is absolutely typical for a majority of Black families in the US South. The knock-on effects have been intensified by government policies that meant for generations, Black Americans had <a href="https://theconversation.com/to-see-the-legacy-of-slavery-look-at-present-day-school-systems-43896" target="_blank" rel="noopener">fewer opportunities for education</a>; <a href="https://www.nytimes.com/2020/06/25/opinion/sunday/race-wage-gap.html" target="_blank" rel="noopener">earned</a> <a href="https://www.washingtonpost.com/business/2020/06/04/economic-divide-black-households/" target="_blank" rel="noopener">less</a> even for the same work; and were <a href="https://www.npr.org/2021/11/17/1049052531/racial-covenants-housing-discrimination" target="_blank" rel="noopener">prevented</a> <a href="https://aas.princeton.edu/news/2020-pulitzer-prize-finalist-history-race-profit-how-banks-and-real-estate-industry-undermined" target="_blank" rel="noopener">from buying property</a> that would <a href="https://www.vox.com/identities/2019/12/4/20953282/racism-housing-discrimination-keeanga-yamahtta-taylor" target="_blank" rel="noopener">build wealth over generations</a>. Desperate for a better life for her three children, Floyd’s mother uprooted them to Houston, Texas, when Floyd was four. There, they lived in public housing in the segregated <a href="https://www.gpb.org/news/2020/07/20/george-floyds-third-ward-reflections-on-the-neighborhood-made-him" target="_blank" rel="noopener">Third Ward</a>. Government policies that requisitioned homes from Black residents elsewhere in Houston had forced them into this section of the city. In the Cuney Homes development, known as “the Bricks,” even today the median income is <a href="https://www.washingtonpost.com/politics/george-floyd-neighborhood-stimulus/2021/04/09/59f57e7c-9623-11eb-962b-78c1d8228819_story.html" target="_blank" rel="noopener">US$15,538</a>, well under half the <a href="https://fred.stlouisfed.org/series/MEPAINUSA672N" target="_blank" rel="noopener">national average</a>. Floyd attended the local Jack Yates Senior High School, opened in 1926 when education was segregated by race and never the equal of other Houston schools catering to white children. As Floyd grew to 193 centimetres tall, he learned to offset the alarm that his size and colour induced in people. He became self-deprecating and deliberately easy-going, charming people across generations everywhere he went. Excelling at football, he secured entry to college. But Floyd’s dreams of playing pro football were stymied by his academic achievements. Never good at tests, Floyd fell behind by middle school and struggled to graduate high school. There were just not the resources in the schools to make up for living in poverty in an overcrowded flat with the responsibilities of caring for relatives. After four years at two colleges, Floyd dropped out and returned to Houston. Not long after, he was arrested for the first time for selling drugs. Samuels and Olorunnipa do an extremely good job of showing that at every node along the passage toward being turned into fodder for the prison-industrial complex, Floyd’s chance of escape was significantly less than that of a white man of the same age. Reading how Floyd’s options narrowed, it was impossible not to share his frustration and despair. <h2>Forensic exposé of injustice</h2> Quotas for arrests meant police sought the “low-hanging fruit” of petty drug dealing done on the streets. Misconduct charges for these police officers are common: the cop who arrested Floyd in 1997 for selling drugs was sacked in 2002 after being charged with theft and hampering arrest. The officer who arrested Floyd in 2004 was “later accused of falsifying charges in hundreds of drug cases, including the one involving Floyd.” Chauvin himself had faced <a href="http://complaints.cuapb.org/police_archive/officer/2377/" target="_blank" rel="noopener">29 charges</a> of misconduct and internal investigations prior to murdering Floyd. (Only 18 appear on the city’s police internal affairs records.) But because <a href="https://www.brennancenter.org/our-work/research-reports/state-policing-reforms-george-floyds-murder" target="_blank" rel="noopener">records of “decertification” are patchy</a>, such “wandering” officers can often get themselves <a href="https://www.pbs.org/newshour/nation/wandering-cops-moving-from-department-to-department-is-a-roadblock-to-police-accountability" target="_blank" rel="noopener">rehired</a>. The officers can stay unaccountable by targeting impoverished men who, unable to afford lawyers, are more likely to accept plea deals. Floyd was never tried by jury; he rather accepted eight plea deals. He knew that even if he got to court, the decision was unlikely to be positive because the state of Texas does not provide public defenders. Rather, the court pays for a private lawyer to defend those who can’t afford their own representation. Judges in Harris County, where Houston is located, more often than not will appoint lawyers who had donated to their election campaigns. In 2007, police arrested Floyd for a violent assault on evidence provided by a dubious photo ID process. (It has since been improved.) Facing up to 40 years of prison, a reluctant Floyd accepted a plea deal for five. Claustrophobia made Floyd’s time in prison difficult, and yet he discovered that none of the mental health, drug addiction, or education programs included in legislation such as the notorious <a href="https://www.brennancenter.org/our-work/analysis-opinion/1994-crime-bill-and-beyond-how-federal-funding-shapes-criminal-justice" target="_blank" rel="noopener">1994 Crime Bill</a>, which sloshed billions of dollars into prison building, were available. As the authors point out, it was only after the <a href="https://www.communitycatalyst.org/blog/how-structural-racism-fuels-the-response-to-the-opioid-crisis#.YtX8puxBxqs" target="_blank" rel="noopener">opioid crisis</a> hit white communities that such funds were expended. In short, whereas policymakers declared crack cocaine a crime problem, they saw opiate addictions, more commonly associated with white people, as an epidemic or public health emergency. The man responsible for prosecuting the case against Derek Chauvin, Jerry Blackwell, knew well the racism inherent at every level of what we uncritically call “the criminal justice system.” Blackwell anticipated the defence would claim that Floyd’s drug use or some physical anomaly was the reason he had died. He therefore required an independent medical examiner review the coronial findings into Floyd’s death. That person, and the examiner who worked for the Floyd family in the civil case against the city of Minneapolis (which the city settled before trial for a <a href="https://www.npr.org/2021/03/13/976785212/minneapolis-agrees-to-pay-27-million-to-family-of-george-floyd" target="_blank" rel="noopener">record $US27 million</a>), both questioned whether the autopsy had been conducted correctly. Specifically, they doubted whether the incisions made on Floyd’s body were sufficient to ascertain the cause of death. And, indeed, the defence claimed that Floyd’s drug use and a supposedly enlarged heart had contributed to his death. This was not unique; as the authors report, in 2021 researchers found evidence that medical examiners “had misclassified or covered up nearly 17,000 deaths that involved police between 1980 and 2018”. All this detail might make the book sound dull, but the research is woven lightly through the account of Floyd’s life so as to maintain momentum. We learn too about Floyd’s family, friends, girlfriends, and his young daughter Gianna. The authors bring to life Floyd’s ability to take people as he found them, underpinned by a deep Christian faith in God. <h2>Activism</h2> The final third of the book, which focuses on events after Floyd’s death, is also gripping. Even as we know the outcome, the twists and turns in the criminal case against Chauvin make for heart-in-the-mouth reading. Chauvin was <a href="https://theconversation.com/relief-at-derek-chauvin-conviction-a-sign-of-long-history-of-police-brutality-159212" target="_blank" rel="noopener">convicted of murder and manslaughter</a> and is serving a 22-and-a-half year sentence. And in <a href="https://www.theguardian.com/us-news/2022/jul/07/derek-chauvin-sentenced-violating-george-floyd-civil-rights" target="_blank" rel="noopener">early July</a> a federal judge sentenced Chauvin to 21 years in prison for violating George Floyd’s civil rights – the sentence will be served concurrently.) Even more striking is the depiction of the bravery of protestors in Minneapolis and of Floyd’s family members, especially his brother, Philonise Floyd, as they seized an opportunity they never wanted – as spokespeople for justice. Joined by the civil rights veterans, the Reverends Jesse Jackson and Al Sharpton, Philonise campaigned hard for federal legislation to reform policing. Republican opposition to the hardest-hitting sections of the <a href="https://www.congress.gov/bill/117th-congress/house-bill/1280" target="_blank" rel="noopener">George Floyd Justice in Policing Act</a>, introduced to Congress in February 2021 by Rep. Karen Bass, meant the bill foundered – and has still not been passed. Unlike all the earlier sections of the book, the activism around police and legislative reform is not given quite the context it deserves. Although Samuels and Olorunnipa interviewed 400 people for their book, activists who have long campaigned against police brutality and for the <a href="https://www.versobooks.com/books/2426-the-end-of-policing" target="_blank" rel="noopener">dismantling</a> of the entire criminal justice system in favour of a society built on <a href="https://www.teenvogue.com/story/what-is-prison-abolition-movement" target="_blank" rel="noopener">equal distribution of resources</a>, such as <a href="https://www.youtube.com/watch?v=oVjMNMG6Mxo" target="_blank" rel="noopener">Angela Davis</a> and <a href="https://www.nytimes.com/2019/04/17/magazine/prison-abolition-ruth-wilson-gilmore.html" target="_blank" rel="noopener">Ruthie Wilson Gilmore</a>, do not appear. Nor is there much comment on the <a href="https://www.brennancenter.org/our-work/research-reports/state-policing-reforms-george-floyds-murder" target="_blank" rel="noopener">efficacy of prior efforts</a> to reform the criminal justice system via legislation. Banning choke-holds, for instance, will not end police murders when Black lives are still not regarded as mattering as much as those of white people. This criticism aside, His Name is George Floyd is a monumental achievement – a work of activism in itself. Bringing Floyd vividly to life, it makes an impassioned and persuasive plea for the dignity and preciousness of life. The book’s cover deliberately evokes the <a href="https://www.torranceartmuseum.com/staffpicks/2021/1/7/i-am-a-man-written-by-hope-ezcurra" target="_blank" rel="noopener">posters held aloft during the 1968 workers’ strike in Memphis, Tennessee</a> (when Martin Luther King, Jr. was killed), that proclaimed “I Am a Man.” George Floyd was a man, too, who deserved a better life. This article originally appeared on <a href="https://theconversation.com/george-floyd-deserved-a-better-life-a-new-book-charts-his-trajectory-from-poverty-to-the-us-prison-industrial-complex-and-the-impact-of-his-death-182947" target="_blank" rel="noopener">The Conversation</a>. Images: Penguin

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