HS2 Challenges Rejected By Court Of Appeal

By Tom Parmenter, Sky News Correspondent

Campaigners have vowed to fight on after the Court of Appeal rejected their latest challenges to the Government's HS2 high-speed rail project.

Objectors including 15 councils and residents' associations along the route had wanted judges to order further assessment of the entire scheme.

But their plea was dismissed on all grounds - although they were granted the right of a final appeal to the Supreme Court, the highest court in the land.

The Department for Transport said the ruling would allow them to press on with the project.

High Speed Rail minister Simon Burns said: "This is the second time in four months a court has rejected attempts to derail HS2.

"I urge opponents not to waste any more taxpayers' money on expensive litigation and instead work with us on making HS2 the very best it can be."

However, campaigners declared they would battle on to ensure the Government does not "duck its environmental responsibilities".

Hilary Wharf, director of the HS2 Action Alliance (HS2AA), said: "We are confident that our position is a strong one and we are pleased that the Court has allowed our appeal to the Supreme Court.

Lord Mandelson has raised doubts about HS2

"It's concerning however that we have to go to the highest court in the land to make the Government give the environment the respect it deserves."

The scheme is the country's largest infrastructure project for a generation and the largest single rail project since the 19th century.

The proposed route would run from London to Birmingham before splitting into lines that run through Manchester and Leeds.

The estimated cost of the scheme has recently risen from £33bn to £42bn, although critics put the figure at closer to £60bn.

They also argue it will cause environmental damage, the loss of homes and disruption to many communities.

Former Labour cabinet minister Lord Mandelson and ex-transport secretary Alistair Darling are among those to have cast doubt on it in recent weeks.

But on Tuesday, David Cameron reiterated its importance to securing Britain's position in his much-trumpeted "global race".

David Elwin QC, appearing for the HS2AA, argued that the scheme needed a strategic environment assessment (SEA) before it could proceed.

He claimed the Government had broken a European directive requiring an SEA and called for the High Court's ruling in March to be overruled.

Nine areas of legal challenge were brought to the High Court but the only one to succeed related to the property compensation consultation, which is now being re-run.

Despite the latest failure, campaigners drew comfort from a split in the three-judge panel on whether an SEA should have been carried out.

Lord Dyson, the Master of the Rolls, and Lord justice Richards, backed the Government but Lord Justice Sullivan disagreed.

Councillor Martin Tett, chairman of the 51m alliance and leader of Buckinghamshire County Council, expressed disappointment at the latest ruling.

He said: "This is another example of the Department for Transport and HS2 Ltd riding roughshod over public opinion, ploughing ahead regardless of what local communities want and ignoring the environmental merits of the alternatives.

"We have evidence that our alternative to HS2 would provide all of the capacity required, far more quickly, at a fraction of the cost and would be less damaging to the environment."

Construction on phase one of the route between London and Birmingham is due to start in 2017.

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Seven Saved By 'Send For Help' Sand Message

Seven people stranded on a beach were rescued after a walker on a cliff top spotted their "send for help" message which they had written in the sand.

The group had travelled around Stepper Point in Cornwall to a beach at Butter Hole in a sailing dinghy and small rigid inflatable boat for a picnic.

Conditions were perfect until the tide started coming in and the waves increased to a two-metre swell, trapping the four adults and three children on the beach.

No-one in the party had a radio, or a mobile phone reception, so they resorted to writing a distress call in the sand.

It was luckily spotted by a walker on the cliff top who raised the alarm.

A crew of volunteers at Rock RNLI launched at 3.21pm yesterday, with the coastguard team from Padstow and the Padstow RNLI all-weather lifeboat later called to help.

Volunteer Neil Davis managed to get colleague Leon Burt onshore to help transfer one of the adults and all of the children to the lifeboat, before transferring them to a nearby tripping boat, the Ocean Voyager.

They then returned to rescue the three remaining adults, who were transferred to the Padstow RNLI all-weather lifeboat.

The group was then taken back to Padstow, while the Rock RNLI team recovered their Wayfarer dingy and small rigid inflatable boat.

Mike Hewitt, the RNLI volunteer Lifeboat Operations Manager at Rock, said: "This was a very difficult rescue carried out with great skill and bravery.

"There was the ever present threat of the lifeboat being swamped or capsized by the dumping seas, but using their RNLI training our crew worked together to recover all the people and then their boats.

"The group made a very sensible decision not to try launching their boats into the building seas but they were lucky that a passing walker noticed the message calling for help written in the sand and I would remind people that it's important to have a suitable means of contacting someone when going to sea.

"Don't assume you will have a mobile phone signal when you go to a beach by water so take a VHF radio.

"Be aware of local conditions too. The group left in near perfect conditions but big waves can suddenly develop around here when the tide starts to come in and this can catch you out," he added.

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Tug-Of-Love Mother 'Acted On Instinct'

A mother who acted on "maternal instinct" when she abducted four of her children has been cleared of breaching a court order to hand them back to her ex-husband.

Jennifer Jones, 46, faced contempt proceedings when she failed to send the children to Spain to live with their father, Spanish army officer Tomas Palacin Cambra.

But she argued her children's behaviour made it impossible to comply with the order and she did not do it "deliberately".

Lawyers had argued she should be penalised for failing to hand the children over in Cardiff in October, but Ms Jones resisted the contempt application at a hearing in London.

The judge was told that a Spanish court had ordered that following the break-up of her marriage the four children should stay with their father in Spain.

Tomas Palacin Cambra, 53, with the couple's children

He heard that they had been visiting their mother when she allegedly breached the order.

The case hit the headlines last October when Ms Jones and the four children - Jessica, now 15, Tomas, now 13, Eva, now 10, and David, now eight - disappeared.

They were all found safe and well within days after a public appeal for help.

Government legal advisers were asked to consider whether contempt proceedings should be brought against Ms Jones, who argued that two of her children were traumatised and had run to the local police station.

"Those children didn't want to go back," Ms Jones told the court. "All I knew was that my daughter and my son had run away and escaped. I was very concerned about my children.

"I was so frightened because I knew I was supposed to be in Cardiff. I was going through a lot of emotions. As a mother you go by your instincts".

The maximum penalty Ms Jones faced for being in contempt was two years' imprisonment.

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Jane Austen To Be On £10 Notes From 2017

The novelist Jane Austen will be the new face of £10 notes from 2017, the Bank of England has said as the design was revealed.

Campaigners hailed the move as "a brilliant day for women".

Austen, who wrote the aptly titled Persuasion, often poked gentle fun at the establishment in her books and highlighted the frustrations of women faced by barriers in society.

A 35,000-name petition had been presented to the Bank amid criticisms that, with Sir Winston Churchill likely to take the place of social reformer Elizabeth Fry on the £5 note as early as 2016, there would be no female figures on UK currency apart from the Queen.

Austen, who is also famous for penning the likes of Pride and Prejudice and Emma, was described last month as a "candidate" to replace Charles Darwin on the £10 note. At the time she was only referred to by the Bank as "waiting in the wings".

Following a campaign backed by dozens of MPs, the Bank has also announced that it is reviewing the way people are chosen to feature on banknotes given that its choices must "command respect and legitimacy".

The public is being invited to email suggestions of how it could improve the way it selects historical figures.

The current design for the Churchill £5 note, due to be introduced in 2016

Asked by Sky's Rhiannon Mills about the influence of the campaign on the decision, Bank of England Governor Mark Carney said: "We listened to those concerns and I'll be candid, that affected the timing of the decision, but the substance of the decision? Absolutely not.

"Jane Austen is a great choice ... she's one of the greatest figures in English literature.

"The timing was affected because there was a misimpression of the possibility of there being no women on our banknotes.

"We understood those concerns and it was important to act on it."

Freelance journalist Caroline Criado-Perez, who set up the petition on campaign site Change.org, said: "Without this campaign, without the 35,000 people who signed our Change.org petition, the Bank of England would have unthinkingly airbrushed women out of history.

"To hear Jane Austen confirmed is fantastic, but to hear the process will be comprehensively reviewed is even better."

Current criteria used for selecting banknotes include looking at whether the person has made a lasting contribution which is universally recognised and making sure that the choice is not controversial.

The Governor takes the final decision on the advice of Bank officials, although members of the public have a say in the early stages of the process and are invited to submit suggestions.

The new Austen note design features the quote: "I declare after all there is no enjoyment like reading!" from snobbish Pride And Prejudice character Caroline Bingley.

The banknote also shows a portrait of the author which was adapted from a sketch drawn by her sister Cassandra, as well as an image of Godmersham Park, the home of Austen's brother which was said to have inspired much of her work.

Austen was born in 1775 in Steventon, Hampshire, but, despite her novels never going out of print, she achieved relatively little recognition during her lifetime.

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Fire Deaths: Man Guilty Of Killing Four Siblings

The family of four siblings killed in a house fire have welcomed the conviction of a man found guilty of starting a fire in a wardrobe.

Four-year-old twins Holly and Ella Smith and their two-year-old brother Jordan were asleep as the blaze took hold in Freckleton, Lancashire, while elder brother Reece, 19, was overcome by fumes as he went upstairs to try to rescue them.

All four died from the effects of smoke inhalation following the blaze on January 7 last year.

Dyson Allen, 19, was convicted of four counts of manslaughter by a jury at Preston Crown Court today. He was cleared of their murders.

Reece Smith, 19, twins Holly and Ella, four, and Jordan, two

The conviction was welcomed by mother Michelle Smith, Reece's father Martin Goulding and the rest of the family,

A statement read outside court by DC Ian McVittie said: "We are pleased that Dyson Allen has been convicted of the manslaughter of our beautiful children Reece, Holly, Ella and Jordan.

"We'll never know the reason why our children were taken from us but even knowing the answer won't bring them back.

"He had the chance to explain his actions to the police and the court but he lied from the very beginning."

They thanked the emergency services and police adding: "Finally though, we would like to pay tribute to Reece who paid the ultimate price for trying to rescue his brother and sisters and for that we will be eternally grateful and proud."

In court members of the victims' family shouted "yes" in tears as the jury foreman returned each guilty verdict on the manslaughter counts.

The aftermath of the house fire that left four siblings dead

The defendant held his hands over his eyes in shock and then wept as he leaned  forward.

Mr Justice Males told the court: "There must be no doubt that it is inevitable there will be a substantial prison sentence."

Allen was the only other person who was upstairs at the dormer bungalow when the fire broke out, said the Crown.

A birthday party was being held for the children's mother, Michelle Smith, at the address on the night of the fire.

The fatal fire began inside a wardrobe in the bedroom shared by the three young children and their mother.

Allen was a regular visitor  to the house and spent most of the night of January 7 in the second upstairs bedroom, according to those who were in the house, said prosecutor Neil Flewitt QC.

Ms Smith, 37, said she said remembered the lights going off and then the defendant jumped down the stairs and shouted "Fire" before he ran through the kitchen and out of the back door.

An expert concluded the fire started in hanging clothes

Ms Smith told police that smoke alarms had been had taken down by Reece in the days before the fire because one or both of them kept making beeping noises.

The court heard the recollection of most of the witnesses who attended the party was "affected to some extent by drink and in some cases by drugs in the form of cannabis".

It could be established though that the first 999 call to report a fire was made at 11.20pm by a neighbour.

And that some time after 10.45pm one of the family friends, who was sober, went up to the bedroom where Allen was.

He said the defendant appeared "drunk and stoned" after Allen had earlier told him was going to make a mix for a cannabis "bong". When he returned downstairs there was a loud bang shortly after and all the lights in the house went off.

The ruins of the bedroom in which the siblings died

In a witness statement given to police in the early hours of January 8 Allen claimed had discovered the fire and raised the alarm but never admitted his involvement.

He said he told Reece there was a fire and to "get those kids out".

The court heard that Reece was heard kicking at the door to the children's bedroom as others escaped from the property.

Mr Flewitt told the jury that several "extremely detailed investigations" had taken place into the cause of the fire and the unanimous view of the experts was that it was started deliberately.

One expert concluded the fire started in the hanging clothes in the wardrobe,and the most likely source of ignition was a naked flame.

The upper floor of the dormer bungalow was badly damaged by the fire

The fire was detected because of an electrical fault that caused the house electrics to trip out, he continued.

The electrical fault occurred when the fire spread from the wardrobe to a lighting unit fitted to the ceiling of the room, the jury was told.

By that time the fire would have already reached its maximum, said Mr Flewitt.

Forensic evidence showed the three children in the bedroom were likely to have been "incapacitated very quickly" but that Ella and Jordan made attempts to escape.

Sentencing was adjourned until September 27 for the preparation of psychiatric reports.

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Drug Dealer Arranged Fire That Killed Family

By James Matthews, Scotland Correspondent

Two men have been convicted of murdering a man and his two children in a fire at their home two years ago.

Drug dealer Scott Snowden, 38, ordered his 'henchman' Robert Jennings, 50, to pour petrol through the letterbox of 55-year-old Thomas Sharkey's flat in Helensburgh. 

Scott Snowden: found guilty of murdering three members of the same family

Mr Sharkey, his 21-year-old son Thomas and his daughter Bridget, aged eight, were unable to escape the ensuing, ferocious blaze.

The sole survivor of the fire was 48-year-old Angela Sharkey,  Mr Sharkey's wife and the children's mother.

Welcoming the verdict, Mrs Sharkey said in a statement: "Personally, knowing that the people responsible are being prevented from carrying out such a crime again will help. 

"I still struggle to understand why they felt it necessary to do what they did to my innocent children but I will have to learn to live with that."

Robert Jennings: set fire to the Sharkey jome on Snowden's orders

She had earlier told the 11 week-trial at the High Court in Glasgow: "The Saturday before the fire was just a normal day.

"I went to  bed after checking in on Thomas and Bridget. it was something I always did. They were both sleeping. I went to bed and read the next thing I remember is waking up in hospital.

"I wish I'd never gone to sleep that night."

Thomas Sharkey Jnr was a promising golfer who had won a golf scholarship to Georgia Southern University in America when he was studying accountancy. 

Bridget was at primary school and, on the night of the fire, she had gone to the house of a friend for a 'sleepover' but had been unsettled and, fatally, returned home.

The target for the attack had been Thomas Sharkey Snr. He was well-known in his home town and raised thousands of pounds for charity. He was also a drug dealer, as was the man who ordered his murder.

Snowden resented the high-profile that Mr Sharkey enjoyed through his charity work and he was irritated when Mr Sharkey stepped in to sort out a drug debt owed by his niece.

Snowden also believed that Mr Sharkey was setting him up for a drugs bust.

Prior to the fatal fire, Snowden orchestrated a campaign of violence against Mr Sharkey that included burning down his pub in April 2010 and plotting to have him shot at a sports dinner.

The plan for a 'hit' was only cancelled because of tight security at the event.

The Sharkey family home was targeted at 5am on July 24, 2011. 

Snowden went on holiday to Mexico to provide himself with an alibi, having ordered Jennings to carry out the attack.

Angela Sharkey survived the fire that killed husband Thomas and children

He poured petrol through the letter box and the fire that followed created temperatures of up to 900 degrees centigrade inside the three-bedroomed flat.

A key piece of evidence that led to a conviction in the case was the way Jennings walked.

He was captured on CCTV walking towards the Sharkey's flat at Scott Court in Helensburgh.

Detective Constable Jennifer Bell, a CCTV expert who had worked with the Metropolitan Police on the 7/7 bombings, studied the footage several thousand times. 

She then saw Jennings walking down a corridor in a police station and  identified him as the person in the footage because of his distinctive walk.

Other witnesses also said that Jennings had a unusual swaggering kind of walk.

The attack on the Sharkey home also fitted a pattern of behaviour by self-styled gangster Snowden.

In July 2008, a partially constructed house in Helensburgh was set on fire because the builders refused Snowden's offer to provide security.

In June 2009, The Garth Inn pub in Helensburgh was torched after Snowden was refused service.

In September 2009, a yachtsman had his home in Rhu set on fire after he challenged Snowden's competency as a berthmaster at Rhu Marina.

In January 2011, a man had his home set alight after he punched Snowden in a pub.

Judge Lord Matthews deferred sentence on Snowden and Jennings until tomorrow.

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Shrien Dewani To Be Extradited Over Murder

By Martin Brunt, Crime Correspondent

A judge has ruled that honeymoon murder suspect Shrien Dewani must be extradited to South Africa, even though he is mentally ill and a real suicide risk.

Mr Dewani's lawyers had argued he should be allowed to continue medical treatment in the UK for another six months before being sent to face a Cape Town court.

His family said they would try to challenge the extradition in an appeal to the Supreme Court.

Speaking outside the court, Ami Denborg, Anni Dewani's sister, said it was "one step in the right direction" and that her family hoped he would be sent to South Africa "very soon".

She said the legal process was still a big strain on her family.

"We've been struggling every day. Look at my mum, look at my dad - you can see on their faces," Ms Denborg told reporters.

Shrien Dewani denies plotting to kills his wife

She added: "We don't want to forget Anni in this. For us, this is still all about Anni.

"It's all about finding out what happened to her and we will fight this battle to the end."

Anni Dewani, 28, was shot dead on the outskirts of Cape Town in November 2010 while the couple were on honeymoon.

The South African authorities say her husband arranged the murder, paying others to hijack their car, throw him out and shoot her before abandoning the vehicle.

Dewani, who has depression and post-traumatic stress disorder, strongly denies the claims.

While he remains moderately depressed, he is improving and will eventually recover, Westminster Magistrates' Court heard.

His lawyers had expressed concerns that his recovery would suffer a setback if returned to South Africa.

Shrien Dewani (left) pictured earlier this month

They have also argued he would be a high suicide risk and his human rights could be breached because of the risk of violent and sexual assaults in jail, and of contracting HIV.

"Shrien Dewani remains unfit to be extradited or to face trial," said his lawyers following the decision.

"Shrien remains committed to returning to South Africa when his health would permit a full trial and when appropriate protections are in place for his health and safety."

Despite the extradition, a trial could still be some way off as Dewani may not be mentally fit enough to enter a plea for some time.  fit enought o

District Judge Riddle said he should still be sent to South Africa and that it could actually benefit his health.

"The evidence is that Mr Dewani will receive the care he needs in South Africa," said the judge.

Xolile Mngeni was a hit man hired by Mr Dewani, claim prosecutors

"There remains a real risk of suicide, but also confidence that in South Africa, as here, there are systems in place to try to minimise the risk.

"It is far from certain that he will recover more quickly if he remains here," he added.

Newlywed Mrs Dewani was shot when a taxi in which the couple were travelling was hijacked in the Gugulethu township.

Mr Dewani and driver Zola Tongo were ejected from the car before Mrs Dewani was driven away and killed.

She was found dead in the back of the abandoned vehicle with a bullet wound to her neck.

Last year, South African Xolile Mngeni was convicted of premeditated murder for shooting Mrs Dewani.

Prosecutors claimed he was a hitman hired by Shrien Dewani to kill his new wife, something that Dewani has consistently denied.

Tongo was jailed for 18 years after he admitted his part in the crime, and another accomplice, Mziwamadoda Qwabe, also pleaded guilty and was handed a 25-year sentence.

South African authorities said they were "very excited" about the extradition.

"He (Dewani) will face a fair trial. Any health concerns will be also be taken care of appropriately," said Bulelwa Makeke, from the National Prosecuting Authority of South Africa.

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River Wear: Girl Died Trying To Save Friend

One of the two teenage friends who died after getting into difficulty while swimming in the River Wear was trying to save the other, police have said.

Tonibeth Purvis, 15, jumped into the water to save Chloe Fowler, 14, who had entered the river near Fatfield, Washington, Tyne and Wear, to "keep cool" in the heat.

Tributes from friends at the scene

Superintendent Alan Veitch, of Northumbria Police, said: "Chloe went in first, Tonibeth and others went in to help her. Tonibeth got into difficulties and so have the others."

He said Chloe, from Shiney Row, near Sunderland, got into the river of her own free will.

A lot of children jumped in after "to effect a rescue", he said, adding that the survivors had been left traumatised by the tragedy and were receiving counselling.

He said the victims' families were also "completely distraught" and were being supported.

"This is an absolute tragedy and our deepest sympathies are with the families of the two girls," he added.

Chloe's family said in a statement: "Chloe was a beautiful, kind and caring girl and we as a family are devastated by what has happened.

"We would like to thank everyone involved in helping us look for the girls. We would ask that we are given some time and privacy to grieve."

An off-duty policeman and a member of the public also tried to save the girls after they were spotted in the water at around 3pm on Tuesday.

A boy who also tried to help was pulled to safety by the police officer, before around 100 emergency service personnel joined the search and rescue effort.

A family leaves a bunch of flowers by the river

Fire crews joined police specialists including a helicopter, as well as a coastguard team, in the search.

The girls' bodies were recovered by police dive teams last night and taken to Sunderland Royal Hospital.

Paul Cronin, 63, who lives nearby, saw one of the men who had attempted a rescue.

He told Sky Tyne and Wear: "There's a fella, come running up the park in his boxer shorts, screaming, 'can you swim?'

"He dived in from the other side and tried to rescue her, got into difficulties himself. I ran down to the river to the point where he came out ... heard some screaming a little further down."

Tributes were also paid to the two teenagers by friends, with Tonibeth, from Barmston, Washington, being hailed a "hero" in one card left with flowers at the scene.

Joss Richards, 13, in the same school class as Tonibeth, said she was "absolutely lovely", while Aimee Bell, 13, described Chloe as a "fantastic girl".

Rescue teams searched for the girls into the evening

The headteachers of the schools the girls attended also paid tribute.

Oxclose Community Academy head Tony Cunningham, where Chloe was a pupil, said everyone at the school was "devastated".

He added: "Chloe was a popular pupil who had many friends in school. She was determined to succeed in everything she set her mind to and she will be sadly missed by staff and pupils alike."

Tonibeth had moved to Washington School this year, where headteacher John Hallworth said: "She had settled into school life here very well and had already made a good and close group of friends.

"Her teachers and pastoral staff speak of a quiet and caring young lady who had a most promising future and who was looking forward to achieving a broad suite of qualifications.

"Tonibeth was a lovely girl and a valued member of our school community. There is a very palpable sense of loss at school this morning."

On Twitter, friends expressed their shock at the death of the two teenagers.

One user, @shannon97xxxxxx wrote: "cant get over whats happened, rip toni beth and chloe fowlerx."

Another, @laurenlsmithx, said: "Rest in peace Toni-Beth Purvis and Chloe Fowler, rest in peace angels, you will both be such a big miss."

:: The body of man in his 20s was pulled from Thirlmere Reservoir in Keswick, Cumbria, on Wednesday afternoon after reports of two people in distress. A woman was rescued by emergency services.

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George: Royal Baby's Name Is Revealed

The Duke and Duchess of Cambridge have named their baby son George Alexander Louis, Kensington Palace has said.

More follows...

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Nadine Dorries MP Repays £3,000 In Expenses

Nadine Dorries has repaid £3,000 in travel expenses, according to the Parliamentary watchdog.

The MP accepted the travel claims were "wrongfully made and should not have been allowed", said the Independent Parliamentary Standards Authority (Ipsa).

Ms Dorries told Ipsa that the claims for journeys between Westminster and her Mid Bedfordshire constituency were made for family reasons, meaning they were not allowed under the expenses scheme.

Other complaints about an increase in claims for utility bills were dismissed by Ipsa.

The MP had also made no deliberate attempt to profit from her expenses, said the watchdog's report.

An Ipsa spokesman said: "MPs have a responsibility to ensure that any expenses claims they make are for parliamentary purposes.

"As part of the regular review of all MPs' claims, Ipsa's internal assurance function found that Nadine Dorries MP's pattern of travel and accommodation claims were unusual, and were referred to the compliance officer for investigation.

He added: "The compliance officer has found that claims made by Ms Dorries were outside the scheme, and that these claims should be repaid. Ms Dorries has subsequently repaid these claims."

Last month, the MP said she was going to stop claiming expenses and instead fund her role through her salary.

It means Ms Dorries will give up the right to claim back the cost of council tax and utilities on running a second home in Westminster.

She also vowed to no longer recoup the cost of travelling between her constituency and London.

The MP - who was suspended from the Conservative Parliamentary Party after appearing on I'm A Celebrity... Get Me Out of Here! - responded to the Ipsa report on her blog.

"Throughout the report he [the compliance officer] stressed that I have at no time sought to benefit from the scheme," stressed Ms Dorries.

"Expenses need to be scrapped in their entirety," she added.

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