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Knee on subdued suspect’s neck not allowed, police trainer tells Chauvin trial

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A Minneapolis police trainer who instructed Derek Chauvin in the use of force told the former officer’s murder trial on Tuesday that placing a knee on a suspect’s neck when they are already subdued “is not authorised”.

Lt Johnny Mercil told the court that at the time George Floyd was arrested last May, police department policy still permitted the use of neck restraints using an arm or side of a leg when a suspect was being “assaultive”.

But he said the training did not include the use of a knee, as Mr Chauvin used for more than nine minutes on the 46-year-old African American man in his custody.

Mr Mercil said putting a knee to the neck is “not unauthorised” in making an arrest, but that it is not permitted if the suspect is in handcuffs or otherwise subdued. Floyd was in handcuffs for several minutes before he was forced into the prone position on the ground and Mr Chauvin applied his knee.

Chauvin (45) has denied charges of second- and third-degree murder, and manslaughter, over Floyd’s death, which prompted mass protests for racial justice across the US and other parts of the world. He faces up to 40 years in prison if convicted of the most serious charge. Three other officers face charges of aiding and abetting murder and manslaughter.

Martial arts expert

Mr Mercil, a martial arts expert specialising in Brazilian jiu-jitsu, said he trained officers that the use of force has to be reasonable when it starts and when it stops.

The prosecution is seeking to show that even if Mr Chauvin felt that he was using a legitimate level of force when he got Floyd on the ground, keeping his knee on the detained man’s neck for more than nine minutes was not reasonable. There came a point at which it should have been lifted.

Mr Mercil said officers are trained to use force in proportion “to level of resistance that you’re getting”. He agreed that it should be reduced as the threat from a suspect diminishes.

The prosecutor showed Mr Mercil a picture of Chauvin restraining Floyd as he lay prone and asked if that level of force would be authorised “if the subject was under control and handcuffed”.

The police lieutenant replied: “I would say no.”

The defence attempted to get Mr Mercil to agree that a training manual showed an officer placing his knee on the back of a neck during handcuffing. But Mr Mercil said the picture showed the knee was on the shoulder and it was the shin across the neck. The distinction is crucial because it means the pressure point is away from where it is most dangerous.

Succession

Mr Mercil was the latest in a succession of Mr Chauvin’s former colleagues to give evidence for the prosecution. Earlier on Tuesday, Sgt Ker Yang, a 24-year Minneapolis police veteran who now heads training in crisis intervention, said Mr Chauvin was instructed to recognise whether a detained individual is in crisis and needs medical assistance. He agreed that intoxication from drugs or alcohol “can be a crisis”.

Mr Floyd’s girlfriend has testified that he was addicted to opioids and another witness said he appeared to be high shortly before his arrest.

The defence put it to Mr Yang that when a detained person is in crisis, the risk to the officer can grow because of other threats, such as hostile bystanders. The officer agreed.

The defence lawyer, Eric Nelson, has suggested that Mr Chauvin felt threatened by an increasingly angry group of people demanding he lift his knee from Floyd’s neck, and that distracted him from paying full attention to the detained man’s condition.

One of the challenges for the prosecution is to persuade the jury that Mr Chauvin, and not the Minneapolis police department, bears responsibility for the methods he used.

Attempted

On Monday the city’s police chief, Medaria Arradondo, attempted to paint Mr Chauvin as a rogue officer going far beyond his training and regulations in his use of force.

“To continue to apply that level of force to a person proned-out, handcuffed behind their back, that in no way, shape or form is anything that is by policy,” Mr Arradondo told the trial.

The defence suggested Mr Chauvin was merely following his training by the Minneapolis police. Mr Nelson put it to Mr Arradondo that his department’s policies did permit neck restraints under certain circumstances at the time of Mr Floyd’s death.

These included the “unconscious neck restraint” used to cut off the blood flow to the brain. However, that hold was only supposed to be used on people “exhibiting active aggression” or sustained resistance to arrest.

Mr Arradondo said there had been such a policy but there was no justification for the continued pressure on Floyd’s neck after he stopped resisting.

The day began with an attempt by Morries Hall, the passenger in the vehicle with Mr Floyd at the time of his detention, to invoke his fifth amendment right against self-incrimination and not give evidence.

Previous witnesses testified that Mr Hall supplied drugs to Floyd. The prosecution opposed the application for Mr Hall to be granted a blanket right not to testify on the grounds that there are relevant questions that do not risk self-incrimination. The judge asked for a list of questions that might be asked.

Three other officers involved in Mr Floyd’s death are scheduled to be tried together later this year on charges of aiding and abetting murder and manslaughter.

The trial continues. – Guardian

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How do you feel about the new carbon budgets?

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We want to hear your views on the proposed new carbon budgets which, the Government says, will change how people live and work. The proposed budgets, published by the Climate Change Advisory Council, will apply to every sector of the economy and will outline a limit for total emissions that can be released.

The first carbon budget, which will run from 2021 to 2025, will see emissions reduce by 4.8 per cent on average each year for five years. The second budget, which will run from 2026 to 2030, will see emissions reduce by 8.3 per cent on average each year for five years. The council says the budgets will require “transformational changes for society” but that failing to act would have “grave consequences”. Environmental campaigners say the budgets will provide a cleaner, healthier and safer future but some rural groups such as the Irish Farmers’ Association say they will have “serious repercussions”.

How do you feel about the new carbon budgets?

Now we’d like to hear your views: Do you support the budgets or are you against them; do they go too far or not far enough?

We will publish a selection of your responses online (If you are reading this on the Irish Times app, click here to access the form for submissions).

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House sales shoot up a THIRD in September amid fears of mortgage rate hike

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The number of homes bought and sold in Britain rose by two thirds in September compared to August, with experts believing buyers are seeking to get ahead of a potential rise in mortgage rates. 

There were nearly 161,000 property transactions in September on a seasonally-adjusted basis, a 67.5 per cent increase on the previous month, according to latest figures from HMRC. 

They also increased by 68 per cent compared to September 2020, and 63 per cent compared to the ‘normal’ market average in September 2017 to 2019.

The cost of a mortgage could be set to increase, if the Bank of England base rate rises

The cost of a mortgage could be set to increase, if the Bank of England base rate rises

Experts say the sharp rise was only partly a result of the Government’s stamp duty holiday, which has fuelled price growth of around £25,000 in the last year but finally ended on 30 September. 

It initially allowed buyers to save up to £15,000 in taxes as they did not need to pay stamp duty on the portion of their property purchase under £500,000. 

But in September, the tax break would have had a more subdued effect.

In England and Northern Ireland, it was tapered down between July and September so that buyers could only save £2,500.

And the holiday had already expired in Scotland and Wales, on 31 March and 30 June respectively. 

Given that the impact of the stamp duty holiday was lessening, some suggest that other factors have become more important in maintaining high levels of activity in the housing market. 

There are a number of things at play, according to Lawrence Bowles, senior research analyst at Savills.

‘There’s more to this activity than a stamp duty holiday: record-low mortgage rates, desire for more space, and a core of unmet pent up demand all continue to push up transaction volumes,’ he says. 

Although it is one of several reasons why the housing market remains hot, the desire for a cheap mortgage has become more of a pressing issue for buyers in recent days and weeks. 

This is because speculation about a rise in the Bank of England’s base rate has threatened an increase in the current super-low rates.

At the moment, rates are available as low as 0.89 per cent – but they are already rising. At its lowest, the cheapest fixed rate on the market was 0.84 per cent.

Major lenders including NatWest, HSBC and Barclays have all moved to increase rates on some mortgages, after months of sustained falls. 

With a base rate rise being predicted by some for December, experts are suggesting that the threat of mortgage rates going up is the ‘new stamp duty holiday’ and that the rush to complete sales before rates rise is now keeping the housing market buoyant.

Simon Bath, chief executive of technology company iPlace Global which created the property advice app Moveable, says: ‘We have reached another crossroads in which following the stamp duty holiday, there is another potential deadline for Brits to prepare for.

‘It seems likely that house prices will continue to rise before demand slows down, as Brits race to obtain lower mortgage rates.’

Rising costs: Those buying homes have seen the typical sale price increase by £5,000 in the last month alone, according to data from the property platform Rightmove

Rising costs: Those buying homes have seen the typical sale price increase by £5,000 in the last month alone, according to data from the property platform Rightmove 

Early statistics back his price rise theory up. According to Rightmove’s latest house price index, which covers the first half of October, the average house price jumped £5,000 compared to the previous month. 

In addition, every UK region broke asking price records for the first time since March 2007.

The property portal noted in its report: ‘The continued fast turnover of property for sale and a window of opportunity to buy before a potential interest rate rise seem to have overcome the final expiry of all stamp duty incentives and are keeping activity robust.’

This trend is keeping the market buoyant for now, but could it really lead to another buying frenzy? Iain McKenzie, chief executive of The Guild of Property Professionals, says so. 

‘With demand for properties still high, and a potential mortgage rate rise on the horizon, this could be the perfect storm to see another frenzy to buy, so long as the shortage of stock doesn’t continue,’ he says. 

There is also the simple fact that people who were trying to meet the September stamp duty deadline, but failed, are unlikely to abandon their purchases, and will continue to add to the totals over the coming months. 

But others are less sure about talk of another buying boom. With the base rate rise only tipped to be from 0.1 per cent to 0.25 per cent, the difference in people’s mortgage payments may only be a few pounds per month. 

For example, for someone with a £120,000, two-year fixed rate mortgage on a £200,000 home, the difference between a 0.89 per cent rate and a 1.04 per cent rate would be just over £8 a month, or just under £200 across the fixed period. 

Office for National Statistics data showing house price increases over the past 15 years

Office for National Statistics data showing house price increases over the past 15 years

Mark Harris, chief executive of mortgage broker SPF Private Clients, says: ‘People will still move without stamp duty holidays and will continue to refinance their homes, whether mortgage rates are below 1 per cent or around 2 per cent.

‘Borrowers are keen to secure these historically-low mortgage rates but if the right property comes along, they are still likely to buy even if they have to pay say 15 basis points more and won’t qualify for a stamp duty holiday.’

But as the stamp duty holiday proved, the psychological impact of thinking you are saving money can be powerful, even when the actual cash saving is negligible. 

While buyers did indeed ‘save’ up to £15,000 in tax, house price rises during the stamp duty holiday were upwards of £20,000, eclipsing the actual saving.   

The true impact that the mooted rise in mortgage rates will have depends on myraid factors, including whether there is further clarity on if and when the base rate change might actually happen, and how mortgage lenders continue to respond to the situation. 

All eyes will be on the October transaction statistics and house price indices to see whether the market is remaining buoyant. 

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Covid grips Europe’s unvaccinated east

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Hospitals are struggling to cope as Covid-19 sweeps through large unvaccinated populations in central and eastern Europe, where low levels of trust impeded acceptance of inoculation programmes.

Austria, Denmark, France, Italy, the Netherlands and others have teamed up to send oxygen supplies, medicines and ventilators to Romania after it appealed for help from the European Union to cope with a crushing fourth wave of the pandemic.

Just 36 per cent of adults are fully vaccinated in the country, according to EU figures, the second-lowest level in the union after Bulgaria, where the rate is just one in four adults, far below the pan-EU rate of 75 per cent.

Both countries are suffering a brutal surge of infections, hospitalisations and deaths. Romania has seen an average of more than 400 deaths a day for the past week, in a population of 19 million, the highest rate in the EU according to the European Centre for Disease Prevention and Control. In Bulgaria, in a population of seven million, more than 100 people have died on average each day for the past week.

Romania on Monday imposed a night-time curfew, shut schools and introduced mandatory Covid-19 passes for most public venues in a bid to curb the soaring infections as its intensive-care wards ran out of beds.

Reimpose restrictions

Infections are also soaring in the Baltic states of Lithuania and Latvia, which became the first European country to reimpose sweeping restrictions last week by shutting schools and all non-essential shops, and imposing a curfew from 8pm to 5am for a month. Restrictions were also tightened in the Czech Republic and in Slovakia.

In neighbouring Russia, daily Covid-19 infections reached a record high of 37,930 in 24 hours on Monday, and some regions shut workplaces in response.

World Health Organisation director general Tedros Adhanom Ghebreyesus warned that with 50,000 Covid-19 deaths a week the pandemic was “far from over”, but he said it would end “when the world chooses to end it”.

“It is in our hands. We have all the tools we need,” he said. “Unlike so many other health challenges, we can prevent this. Complacency is now as dangerous as the virus.”

 In Austria, where 73 per cent of adults are fully vaccinated, chancellor Alexander Schallenberg warned that restrictions could be placed on the unvaccinated if Covid-19 patients began to take up the country’s ICU capacity.

“The pandemic is not yet in the rear view mirror,” Mr Schallenberg said. “We are about to stumble into a pandemic of the unvaccinated.”

He warned that if Covid-19 patients took up a quarter of national ICU beds, then only the vaccinated or people who had recovered from the virus would be allowed entry into restaurants and hotels. If the percentage reached a third, the unvaccinated would be allowed to leave home only for specific reasons.

Vaccination rates have reached above 90 per cent for those eligible in several countries in western Europe including Ireland, though coverage is lower in some cities and particular populations.

Hospitalisations

This is helping to keep hospitalisations under control, but infections are still rising and many countries have opted to continue with some precautions including mask-wearing, working from home recommendations, and mandatory Covid-19 passes in public settings. Last week, Italy made the passes mandatory for workplaces.

The WHO warned last week that Europe region was the only region in which Covid-19 cases were rising, led by surges in the Czech Republic, Hungary and Poland.

Emergencies chief Dr Mike Ryan appealed for the unvaccinated to come forward for jabs, and said the rise in infections came as restrictions were dropped in many countries, coinciding with “the winter period, in which people are moving inside as the cold snaps appear”.

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