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ABC News Breakfast -

View in ParlView

(generated from captions) This Program

is Captioned Live. A servant to

democracy, US President broom

leadses the tributes for

Senator Ted Kennedy. The

military Justice system in

chaos a High Court ruling could

lead to more conviction being overturned. Peter Garrett says

the environment will take a hit

for the $50 billion Gorgon gas

project. And Ricky Ponting says

he'll play on for us Australia

even if he's asked to step

aside as captain. Good morning.

It's Wednesday 27 August. I'm

Virginia Trioli. And I'm Joe

O'Brien. The top story story on

News Breakfast - the US

President prom has described

Senator Ted Kennedy has one of

the most accomplished Americans

to ever serve democracy. Flags

have been flying at mast on

Capitol Hill where Ted Kennedy

served as a Democrat sphaur for

4 # years. - Democrat Senator

for 47 years. Senator Kennedy

died from brain cancer, he was

77 and he'll be buried at

Washington's Arlington National

brothers, President John F Cemetery along side his

Kennedy and Robert Kennedy,,

both of whom were

assassinated. Over the past

several years I've had the

honourablor to call Teddy a

colleague, a counsel and a

friend. And even though we have

have known this cay paz was

coming for some time now we

awaited wit no small amount of

dread. His fight was given us

the opportunity we were denied

when his brothers with taken

from ut US. The blessing of

time to to say thank you and

goodbye. The outpouring of

love, gratitude and fond

memories to which we've all

born witness is a testment to

the way this singular figure in

American history touched to

many lives zwr. The fact he was

30 years old when he was

elected, I was 2 # years old

and you would think that would

be the peak of our idealism but

Ienily feel more optimistic

about the prospects for my

country today than I did than I

have in any time in my life and

it was infectious when you were

with him. Joe booiden there

speak about Senator. For more

Lisa Millar joins us from

Washington. At least edward Ken

I can lived to comb grey

hair? Yeah. In fact, that was

one of the more touching

tributes I heard today, that he

was of course the only Kennedy

brother who managed to grow old

and to die at home. It was

interesting listening to Joe

Biden then because the two of

them served in the Senate for

almost the same period of time.

They were 2 # and 30 when they

became Senators on Capitol hill

and have been very close

friends of the years, so Joe

Biden in fact was at an announcement at a press

conference to do with energy

and he spent his entire time

talking about Ted Kennedy and

said it one inappropriate not

to speak about his friend and

to talk about energy as he was

supposed to, so I must say

Virginia I was just talking to

some of my calculation here and

Ted Kennedy may never have made

it to the White House as

President, but what we're

seeing in America today you

would think he has been

President. There is a lot of

mourning and grieving going on

and the television networks are

just covering wall to wall

coverage. That's just here in America. Of course there is

also quoit a few tributes that

have been coming in from

overseas. He was an immense

figure in US politics, a giant

of US politics. And someone who

has always been seen as a very

powerful influence within Irish

America and obviously in the

run up to the cease-fire of 194

getting Irish America on board

for the peace process was of

critical important. A great

American patriot and a prepare

who made a better world for the

United States and the

international community, was a

great... His whole life has

been devoted to the improvement

of the status of life of those

who are poor and deprived and

persecuted and ignored a in

need in our country. Ted

Kennedy was a great American, a

great Democrat but also a great

friend of Australia. He has

made an extraordinary

contribution to American

politics, an extraordinary

contribution to America's role

in the world. Australian PM

Kevin Rudd finishing those

tributes from leaders around

the world. Lisa Millar, tell us

why Ted Kennedy's Senate record

is so impressive? Well he

virtually spent 50 years in the

Senate working on social policy legislation. In fact I think it

was 3,000 pieces of legislation

that he had contributed to, so

many that bore his name that he

helped write and then right

until the very last moment he's

been one of the key people in

the health reform debate and in

fact one of the last acts that

we saw from him was just a few

weeks ago when he tried to get

the laws changed in

Massachusetts to have a

temporary replacement for him

when he passed way in the

Senate so his death would not

derail the health debate

because now that he's died and

given that he was still a

sitting member of the Senate,

it could be many many months

before a special election is

held which then changes the

kind of power that the

Democrats have on Capitol Hill,

the fact that he was a great

negotiator, a great compromise

ownerer, I think that's what

people have kept referring to

with this history on Capitol

Hill that he managed to bring

about support for bipartisan

bills that he would get

Democrats over the line, he

would get Republicans over the

line, and people have said now

that he's gone that that is

going to be a huge gap in

Congress. The other side of the

story though is one of person

sandical and tragedy, a marked

lack of self-discipline as

those who knew him well have

described him and of course the

black cloud of that bridge? I

heard today the remark that

most people grow up and go into

politics. The Kennedies go into

politics and then grow up. And

I think that Ted Kennedy was

certainly case in point there

when you talk about that brim,

that of course was the fatal

car accident. He was leaving a

party on Martha's Vineyard and

was took a wrong turn, drove

off a bridge, a young staffer

was killed in this accident, he

walk away from it, didn't tell

police about it for ten hours,

an investigation eventually

cleared him but that hung over

him for a long, long time and

when he eventually made his one

bid for the White House in 1 #

80, he lost, and most people

regard his history and that as

being one of the reasons why he

never actually made it into the

White House. There was also the

alcohol issues. He was

considered a bit of a reckless

drunkard if you like, anyhow,

all of too changed in his later

years with his second marriage,

people considered that he'd

found his true love and that he

had settled down and become the

man that people are now

honouring today. Lisa Millar

good to talk to you, thank you

so much. In other news this

morning, the High Court's

ruling that Australia's

military court is

unconstitution at could lead to

more than 170 convictions being

overturned. The decision has

already led to one defence

force member being released

from detention. The High

Court's ruling was base opd the

way the military courses

appoint judges. The Federal Government has admitted that

Western Australia's Gorgon gas

projects could increase

Australia's greenhouse gas by

1%. The Environment Minister

Peter Garrett yesterday

approved the $50 billion Gorgon

project. He said it would be

very emissions intensive and

could leak greenhouse gases

buried under is sea. The Greens

have called the project

environmental vandalism. The

former PM John Howard has call

on Kevin Rudd to reject a bill

of rights. John Howard said the

bill would erode the power of

parliament and politic the

appointment of judges. The

former PM gave the annual

Menzies lecture in Perth last

night. The Rudd Government has

established a committee to examine the merits of an

Australian bill of rights.

There's been some progress in

the Middle East peace process

overnight. Benjamin Netanyahu

said he was open to compromise

on the building of settlements

in Palestinian State and

Territorist territories. The US

wants all settlement activity

to stop, Benjamin Netanyahu met America's Middle East envoy

George Mitchell in London. The

Israeli leader also said peace

talks could be held with the

Palestinians within weeks. And

Afghanistan's President Hamid

Karzai has widened his lead in

the country's Presidential

race. With almost one fifth of

the vote count noud, Karzai is

ahead with more than 40% of the

vote, his closest rival

Abdullah Abdullah is on 30%, to

avoid a second run of voting Mr

Karzai must win more than 50%

of the vote. The Federal Environment Minister Peter

Garrett has conceded the Gorgon

gas project in Western

Australia could increase Australia's overall greenhouse

gas emission by as much as is%.

He's also admitted that plans

to wery emissions from the

project may not work. Could is

probably the operative word.

The fact is that carbon dioxide

here will be injected into sand

stone, there are faults in the

substrata there but faults can

orment in different ways, they

operate as an effective capture

mechanism or they can operate

as a leakage mechanism. We've

got pilot projects under way

now on CCS and we have

reinjeted substances into empty

aquifers in the past, it has to

be done very carefully and

prudently. That will be the

case here. And we have to do it

in a way which ensures that

there is really strict and

comprehensive monitoring for

any potential leakages but ung

that the gee longical formation

on Baro is suitable to

undertake a project of this

kind. The environment Minister

Peter Garrett speaking there on

Lateline last night. For more

Emma Griffiths joins us now

from Canberra. Where does this

leave the Gorgon project

now? It's been approved zwro.

Peter Garrett last night on

Lateline did say that it is a

greenhouse gas intensive

project. And he did indeed say

that the technology that

they're aye lying on to bury

those emissions could fail.

We've known that the technology

sun tested a it's very

technically difficult but

overall Peter Garrett has said

that this project ticks enough

boxes for him to approve it.

He's put 2 conditions on it.

And that mainly relates to the

treatment of wildlife species

on Barrow Island there. The

grabs and Green groups of

course are not very happy and

they're saying that it does

amount to environmental nems

and they're going to still be

debating the merits of this

project and decision. Was he

ever really going to knock it

back? Well he says it wasn't a

foregone conclusion at all.

Certainly it's worth a lot of

money and at the last

parliamentary sitting there

were senior ministers really

singing its praises, and indeed

some even saying that it could

contribute to Australia's

economic recovery, so they're

very powerful arguments that Peter Garrett would have heard

around the Cabinet

table. Leeing on to this story

about the military court system

this morning, how did this all

start? It all started with a

case about indecency without

consent and a lewd act that

occurred a the accused pleaded

non-guilty - not guilty and he

challenged the ability of the

military court to even hear the

case and his challenge

succeeded, the High Court found

unanimously that the military

court is constitutionally in

inn valid because of the the

way it was set up by the Howard

Government in 2006. The

legislation that underpins it.

And the former PM John Howard

has had something about to say

about that. Yes it was set up

under our Government but every

Government is subject to the

constitution as I mentioned

tonight and if something is

declared invalid that's the law

of the land and no doubt at the

new Government will address its

mind to that. Well, we had

advice and the advice was that

it was perfectly sound

proposal, but that's what you

have a High Court for and we

all live under the lu and this

law's now been zoided a once

judges decide things, that's

the law. John Howard

unapologetic there and saying

that's life. What does this

mean for the convictions, these

1 70 people Quitted dinner that

system. It's uncertain what it

means for them. Certainly the

man who was accused of this particular case who took up the

challenge, he's walked free and now the current Government

really has to look at fixing

the system. In the interim it's

reverted to the old system of

courts martial and it's going

to seek urgent legal advice

about how to fix this system.

It also want to try and ensure

that the findings of the

military court will stand under

a new system and make the new

system retrospective. Russia

has deployed it most advanced

about missile defence system

near the border with North

Korea. It says it wants to

guard against any Test mishaps.. Meanwhile nrk's

nuclear am pigses are

continuing to raise tensions in

Seoul. - ambitions are

continuing to raise tepg

tensions in Seoul Protesters

marched through central Seoul

denounce North Korea and its

leader Kim Jong-il. In recent

weeks the north has become

marketedly more conciliatory

but the praurz say the world

shouldn't be fooled. Until

North Korea completes the

denuclearsation process we

insist the international

community including the US,

South Korea, Japan and the UN

not have any dialogue and not

to give any support to North

Korea. Over the past year,

North Korea has raised tensions by conducting nuclear and

missile tests at the same time

as boycotting international

nuclear talks. The US envoy to

North Korea has just finished

an Asian tour aimed at

strengthening support for

implementing UN sanctions

against the north. Our overall

goal in this effort is to

return to a process of

denuclearsation, an end to

missile barkslessic missile

production, and an end to proliferation from North

Korea. Russia is clearly

worried about the prospect of

more missile and nuclear tests.

It's deployed its most advanced

anti-missile defence system

near the border with North

Korea. Russia's top general

says the move is to protect

against any test mishaps. The

front pages of the major newspapers around the country

this morning and many papers

feature prominent photos of Ted

Kennedy who died in the US. The

'Australian' does. It's also

pointing out the PM has failed

to deliver his election promise

to use cash incentives to

attract nurse nurses back to hospital wards The 'Sydney Morning Herald' reports that

the High Court has declared the

Australian military court unconstitutional. The 'Age'

also focuses on the High Court

ruling say at least 1 70 cases

heard by the military court are

in question Some Queensland

mothers are giving birth while

drunk and babies are being

seized from unfit parents

almost every week says the 'Courier-Mail'. Australia Post

is set to spent $700 million in

a changeup of the mail system.

Including an investment in

digital technology reports the

'Financial Review'. The 'Herald

Sun' says the price of alcohol

and cigarettes would rise and

advertising for them would be

curbed under a Federal

Government plan. The 'Northern

Territory News' reveals a

conman who lured a woman into a

sham marriage has opinion

released from prison.. The ACT

Government is set so fast track

a dam expansion, that will

inincrease the Territory's

water storage by a third.

That's the front page of

the The WA health department is

planning to open mass imsation

clinics to administer the swine

flu sack vein reports the 'West

Australian' and minally the

'Mercury' says more than 2 70

Tasmanian jobs from jeopardy

after Launceston car parts

maker ACL went into

receivership yesterday The big

story of the day is the death

of Senator Ted Kennedy. If

you've got any views or

opinions on his leg

circumstances send us inan

email to - the top stories on

ABC News Breakfast - Barack

Obama has led the tributes for

the last surviving brother of

the Kennedy political dynasty.

The US President called Senator

Ted Kennedy a tireless worker

and a servant to democracy.

Senator Senator died of a brain

tumour, he was 77. Commonwealth

Gameses of defence force personnel could be overturned

after the High Court ruled that

Australia's military court was

unconstitutional. The decision

has already led to one defence

force member being release

released from detention. The Federal Environment Minister

Peter Garrett has admitted the Gorgon gas project could

increase Australia's carbon

emotions by 1%. The $50 billion

deal received Federal approval

yesterday. The Greens have

caughted the project

environmental vandalism. James

Packer's Consolidated Media has

sold its stake in Seek for just

under half a billion dollars.

In the process the Packer

company's been turned into a

pure pay TV play and earned

valuable cash to fend off a

challenge from Kerry

Stokes. Seven Network is the

vehicle used by Kerry Stokes to

hold his investments in

companies like Seven Media Group, West Australian

newspapers, Internet concern

Unwired a broadband telephone

operator Enginment it's an

unlikely collect which for some

analysts makes it hard to understand. It's a very difficult asset group to follow

because it depends on where the

board, which doesn't seem to

have the standard institutional investment committee program

that we're used to, bants to

take the next investment

step. Seven Network's full year

earnings have slumped 9 is%

after it Roused the value of its holding in Seven Media

Group and West Australian

newspapers to zero. Profit

before those writedowns was

still off 36% as expenses

increased and revenue dropped.

The size of the Wrightdowns

surprised some but the company

says I says I had little

choice. While this is probably conservative in the long run

there is little scope within

accounting standards for anior

treatment For media watchers

like Steve Allen it's a

reflection of a tough year for

all media companies which last

week saw Fairfax lower the

value of some of its

mastheads The media sector of

investments has taken a

terrible battering as beryes

the revenue trend for most of

its sectors. It's been double

digit downs and four out of the

five tradition Almeida types One thing Seven Network

has protelgted is its cash

which now stands at $1.4

billion. For Roger Colman

that's a mistake. The group has

missed the recovery in

theingity markets with its high

cash holdings of over a billion

dollars suffered from the fall

in yield on those cash

holdings. In recent months

Seven Network has bill up a

19.9% stake in the Packer

controlled Consolidated Media

holdings. Consolidated a be a

playing player in pay t through

its - It's James's company but

at the end of the day what he

wants to do and what we do with

him, we'll see. Any takeover

got more difficult though after

Consolidated Media announced it

would receive $441 million from

the sale of its 26% stake in

online employment agency Seek a

move some see as defensive. One

presumes that they're getting

that cash through the front

door in order to make further

on market bids or a buyback

because a buyback would

actually dilute, it would hold

the share holdings of everyone

in a similar position depending

on what people's view was of

whether they were prepared to

sell in the buyback. Seven will

play a fully franked time dif

depd of 17 crepts a share.

Sales of new US homes have

surged in a positive sign for

the global economy. Home sales

jumped #.6% in July, that's

according to Government data

the figure was still 13.5%

below the same period last

year. The finance figures now -

Vanessa O'Hanlon will be here

with a look at the national weather.. And we'll have our

daily review of the newspapers.

This morning we'll be joined by the presenter of 'Insiders' and former Washington correspondent

Barrie Cassidy. With sport here

is Paul Kennedy. Australian cricket captain Ricky Ponting

arrived home last night to

explain his team's Ashes loss.

He says he's keen to keep

leading the Aussies but unsiss

he would like to keep playing

as a batsman even if he wasn't

captain. Sent back empty handed

for a second time by the old

cricket enemy, Ricky Ponting's

home coming was humbling. Still

bearing the scars of a hard

knock in the fifth Test.

Ponting says losing the Ashes

again hurts? Our best cricket

was sensational and our worst

cricket was horrible and there

was too big a gap between our

best and our worst Criticism is

still moupding over Australia's

lack of spin on the dusty

wicket at the ova. Not toik a

spinner into that last Test on

a welcomet that has always

turned was one that I thought

was interesting. Ponting says

leaders are always judged on

their results, but he's

resisting calls to step

down. So I can understand those

point of views being out there,

I think the pleasing thing for

me at the moment is that I'm

getting some support from

cricket Australia and from the

selectors as well about things

that have happened over the

last couple of months so for me

that's a really positive

sign. Other returning

team-mates stood behind their

captain. Ricky Ponting's got my

full support and I think he's

the best man to be captain and

I think it's ludicrous that

anyone is saying other. There

was 11 of us out there. It's a

while away but Ponting says

he's aiming to lead the team

that will head to England for

the nashs 2013. I still think

I've got a lot to offer the

team as a batsman and as a tap

taken and a leader. If it ends

up getting to the point where

I'm not the captain, then

obviously as I said, my hunger

and determination to keep flag

game is as good as ever. If

that's where a C next to my

name, if not I've still got a

lot to offer Ricky Ponting will

spend two weeks with his family

before returning to England for

the fourth one-day match. Still

with cricket and it's been confirmed that Muttiah

Muralitharan will play for

Victoria in summer. He'll

compete in the Twenty20 series

as one of two imports to.

Dwayne Bravo is theor one. It

should attract plenty more

spectator os the games. Melbourne Storm will soon announce whether Greg Inglis

will play again this soon.

Inglis returned to court

yesterday on a assault charge.

A defence lawyer said a second

statement from his girlfriend

exonerated Inglis. The court

will - the case will return to

court in October. The new

Richmond coach Damien Hardwick

as a big job to try and lift

the struggling club but he's

excited about the challenge and

couldn't help mile stockpile

yesterday. Here is a small

sport of his first mid year

conference.. It was exciting.

First of all I saw the number,

I thought it might have been a

med media call so I didn't

answer that and en-I goingled

what's your nun and saw the

Richmond football club, then it

rang back. I didn't know. Any

chance of ringing me on the

mobile but it was, it was a

nervous - it was like asking

your wife to marry you for the

first time. Ary celebrity I've

gone to has had a grat culture.

I know it's easy to say but not

easy to deliver. I think I can

deliver a blue print for

success that's going to take

the Richmond football club to

their 11th Premiership in the

not too distant future. He was

quite forth right there Damien

Hardwick. No sort of second guessing on what his plan is

for the future but I guess the

only question left to be

answered is how many times do

you have to ask his wife? With

the Ricky Ponting coming back,

it was good to see him

answering questions in a civil

manner and pleased enough, not necessarily pleased but willing

to talk about the possibilities

of what may happen in the next

couple of months. Instead of

deal with them in a National

Parky manner. He's come home

only a short time, has to go

back to England for the fourth

one-dayer I think, so he's the

first Australian captain that's

lost the Ashes twice in England

in 130 odd years or whatever

but row can imagine, the captain's decades ago would

have taken at least a long time

to come home via boat but Ricky

Ponting has to come on a plane,

come back here for a week or so

and then head back to England.

It's a tough gig but

interesting that he's floated

the idea of playing on as a

batsman. Going to the backbench

we might even call that That's

right. But the problem is in

sport witness you go to the

backbench you're only one stp

away from the back door F he

goes back as just a batsman and

Michael Clarke take overs as

captain, only a couple of niks

behind or a couple of dodgy LB decisions and you'll be gone.

That was the interesting thing

that he didn't mention that

because I don't think that that

is a way that Australia should go. I think Ricky Ponting

should stay captain until he

can no longer be in the team

and then they'll have someone

take over after that It seems a

lot of players and commentators

have his support. Since they've

lost that series, people have

said that there have been call

for his head. I haven't heard

too many paying saying he

shouldn't be captain. Thank you

Paul. News Breakfast can be

watched live on the web from

anywhere. It's calmed down a

little on the weather front

here is Vanessa

O'Hanlon. Certainly has. Thank

you. It will be a calmer day as

we can see on the computer

rainfall model. But for an

already drenched Tasmania more

heavy rain is predicted

particularly over in the

north-west. The rain should

begin to ease in Tasmania today

with 5 to 10mm expected

tomorrow but heavier falls

German over the weekend as

thick cloud continues to cross

Tasmania and we also have

patchy cloud drifting over

Victoria's south coast. The

cloud over the interior is in a

trough. That will cause a

little light rain. The next

front will cross Bass Strait

tonight. That will push strong

westerlies over Tasmania and

also South Australia. For the

rest of the south-east a much

calmer way to end the week

thanks to a high.

The top story on News

Breakfast - flags have been

flying at half mast to mark the

death of Senator Ted Kennedy.

The veteran Senator who serve

on the capital ol hill for 47

years died after a battle with

cancer. US President described

him as the greatest United

States Senator of our time but

as the BBC reports a scandal

early in his life derailed any

Presidential ambition he may

have held. The death of Edward

ten di known as Ted leaves a

chasm in American politics. He

was perhaps one of the most effective politicians of the

last century. But a man who's

courage and character were

always in question. His father

warned that Ted was the sort of

person who would always get

caught. At the wous, the flag

was lowered to half mast. And

the President who owes much to

Ted Kennedy... He became not

only within of the greatest

Senators of our time but his

extraordinary life on this

earth has come to an end. He

was born in Boston in 1932. The

wealthy Kennedy family saw

itself as a political dynasty

in the making. The Kennedy

children were groomed for

power. Their mother would post

newspaper clippings on the

frinl, the children would have

to discuss them at dinner. But

Edward grew in the shadow of

his glamorous brothers, President John F Kennedy and Robert Kennedy,. He was

expelled from Harvard for

cheating. He broke his back in

an air crash but so guilded was

the Kennedy name he still

managed to secure a seat in the

Senate in 19626789 both his

brothers would assassinated .

First JFK. Later bobby. Edward

caught the eye of America when

he spoke at Bobbie's

funeral Simply as a good and

decent man, who saw wrong and

tried to right it, saw suffer

and tried to heal it, saw war

and tried to stop it. The

political hopeses of the

Kennedy clan now fell to

Edward. But then came

Chappaquiddick. 196 #. Edward

married now was at a late night

party with campaign workers on Chappaquiddick Island. He drove

his car off a bridge. He and

swam away leaving his

passenger, struggling in the

submerged car. She drowned. Edward didn't report the

incident for nine hours. He had

not been having an affair, he

claimed. I regard as

indefencible the fact that I

did not report the accident to

the police immediately. But

there followed allegations of a

cover up, rumours that the

family has been paid hush

money. His wife Joan had a

mischarge, they later divorced. Chappaquiddick damaged Edward

but it didn't break him, many

argue it made him stronger. He

remained in the Senate styling

himself a champion of the poor.

And in 190 he did run for the

presidency. He did poorly but

the map who beat him to the

democratic nomination President

Jimmy Carter praised him. I

don't think there's anybody

that serves in the US Congress

now that could possibly be missed by the American people

as much as Ted Kennedy. Edward

would never be President. He's

serve in the Senate for 47

years. His image of

recklessless never left him

tailing of heavy drinking

followed him and oso did the

suspicion that his hert able

led him to sympathise with the

Ireland. He visited Northern

Ireland. To those that suggest

that there'll be a blood bath

with the withdrawal of British

troops, I have heard that

argument nerms of Vietnam for

the last six years. And if

we're going to xwin that

argument, I think we're in for

a very dangerous situation in

the Northern Ireland. But much

later he was credited with

pushing the Northern Ireland

peace process forward. He

understood what was required if

conflilgt was to be resolved.

So I think he made an

invaluable contribution, made a

contribution to the success of

the Irish peace process And

earlier this year he became Sir

Edward. For work on health care

and education a Knighthood. We

owe a great debt to the life

and courage of Senator Ted Kennedy. APPLAUSE

By now he was the face of

American liberalism. His

ability to bring about social

legislation over many years,

would be his true legacy. In

the Senate, he was known as a

strong friend a frightening

foe, a man of deep and powerful

appetites both political and

personal. I'm proud to stand

with him here today and offer

my help,. And then moment which

may have changed the American

landscape forever. To make

Barack Obama the next President

of the United States. His early

endorsement was instrumental in

propelling Barack Obama to the

presidency.Ed the ted was

politically active to the Hend,

writing furious letters about

the Lockerbie bombers release,

campaigning on life care a life

long quest and with his death

the Kennedy story, this

astonishing saga, draws closer

to an end. In other news this

morning, the High Court's

ruling that Australia's

military court is

unconstitutional could lead to

the overturning of convictions

given to against personnel. The

decision was already led to one

defence force member being

released to detention. The

ruling was based on the the way

military courts appoint judges the Federal Government says it's looking to fix the

situation by passing

retrospective laws. And the

Government has admitted Western

Australia's Gorgon gas projects

could increase our greenhouse

gas emotions by 1%. The Environment Minister Peter

Garrett yesterday approved the

$50 billion project. He said it

would be very emissions

intensive and could leak

greenhouse gases buried under

the sea. The Greens have call

the project environmental

vandalism. The former PM John Howard has challenged Kevin

Rudd not to adopt a boifl

rights. John Howard said the

bill would would erode the

power of parliament and politic

the appointment of judges. The

former PM gave the annual

Menzies length tur in Perth

last night, the Rudd Government has established a committee to examine the merits of an

Australian bill of rights. And

the Federal Government will

today be able to establish a

new representative body for

indigenous Australians. Aboriginal Social Justice

Commissioner Tom Calma will

present a new model to the

Federal Government. If approved

it will be the first

representative body since ATSIC

was disbanded in 2005. And

there's been some progress in

the Middle East peace process

overnight. Israel's PM BHP

Billiton said he was open to

compromise on the building of

settlements in Palestinian

territories. The US wants all

settlement activity to stop.

Benjamin Netanyahu met with America's Middle East envoy

George Mitchell in London. The

Israeli leader also said peace

talks could be held with the

Palestinians within weeks. Ties

between Iraq and Syria appear

to have deteriorated with both countries recalling their ambassadors in the wake of last

week's deadly Baghdad bombings.

Iraq wants the Syrians to hand

over two people it says master

minded the attacks. It's this

confession that has angered

Syria. Baghdad says the

captured man is one of the mast

err minds behind last week's

can coordinated bombings he

allegedly says he acted on

orders from two men in Syria.

Iraq is now demanding they be

handed over but Damascus is

refusing to budge saying it

wants proof. The diplomatic

spat has now seen both

countries recall their doors do.

TRANSLATION: I leave at the

right time While Iraq accuses

Syria of harbouring terrorists,

Damascus says it's ready to

receive an Iraqi delegation to

discuss the evidence. If not,

it says, it will consider the

cop fetion broadcast on Iraqi

television as evidence that was

fabricated for domestic

political goals.

TRANSLATION: This is a normal

thing that exists in diplomatic

customs. We must declare Warren

Truss against those carrying

out a political agenda and

afailated with form countries

despite the fact we do not want

to suspendory ties with these

countries On the streets people

are fed up. All the

neighbouring cubs are enemies

of the Iraqi people. Others are

blaming the violence on

jostling among political ethic

and sectarian groups ahead of

parliamentary election next year.

TRANSLATION: Some parties may

be behind it and sometimes you

do have people from abroad with

a grudge. This is something

that everybody knows and the

victim is the poor average citizen. Adding to the

country's political woes is the

death of one of Iraq's most

powerful Shi'ite leaders. The Federal environment Minister

Peter Garrett has approved the

Georgians go plants on an environmentally sense tifr island off Western Australia.

The Opposition has given the

decision cautious approval but

the Greens claim it's

negligent. With a $50 billion

deal at stake, a green light

seemed inevitable. Clearly I'm

away of the economic size of

this proposal but the specific

matters that I had to deerm were whether or not this

proposal would have an adverse

impact particularly on threatened enlisted

species. Just as well, the multibillion dollar deal has

already been signed with China.

And the Federal Government has been crowing about the economic flow-ons for the past

week. Australia's largest ever

export deal. More investment,

more jobs, and more profits to

Australian industry. All that

was was left was today's

environmental tech of approval

for the development at Barrow

Island off the West Australian

coast a decision Peter Garrett

says deny come leegtly. I've

considered very carefully the

best science and the best

advice that's come to me in

terms of potential impacts and

that the conditions that I've

placed on this proposal will

make sure that there is no

significant impact on matters of national environment significance. There are extraordinarily strict

conditions, Barrow Island is an

A class revenue, there are

several species that live only

on Baro eld, norles in the

world. It is a past of remnant

ancient Australia and I don't

believe any project in Western Australia perhaps in Australia

has had the degree of scrutiny

and the exacting conditions

placed on it that the Gorgon

project has. Even the Federal

Opposition is on board. We

believe in the project, but we

always argued for strong

environmental conditions. Peter

Garrett has imposed 28

conditions on the Gorgon

project designed to protect

island wildlife including the

endangered flapback turtle but

they fall well short for the

Greens. Developer first, big

money first environment a very

poor last. It's hard to see how

you can have an industrial

facility operating 24 hours and

still have conditions that

allow the turt tolls survive.

So we wanted to see this

project move to the mainland.

We're not against the Gorgon

proposal per se, we just think

it doesn't belong on Barrow

Island and the WWF is not

giving up its fight.. Now that

he's made the decision that

allow it to to ahead on environmental grounds I think

we're switching our focus on to

the companies, on to kref Ron,

on to Exxon Mobil and on to

Shell and asking them to do the

responsible thing.. We think

that the flatback turtle

population is important and so

we are very happy to work with

both the State and the Commonwealth Governments to

ensure that the flatback

turtles are converved for long

time And ensure gas exports can

start flowing to China by 2015. You're waving News Breakfast.

The top stoir stories this

morning - Barack Obama has led

the tributes for the last

surviving brother of the

Kennedy political dynasty. The

US President called Senator Ted

Kennedy a tireless worker and a

servant of democracy. Senator

Ted Kennedy died of a brain

tumour. He was 77. Convictions

of defence force personnel

could be overturn after the

High Court ruled that

Australia's million court was unconstitutional. The

decision's already led to one

defence force member being

released from detention. And the Federal environment

Minister Peter Garrett has

admit the Gorgon gas project

could increase Australia's

carbon emigs by 1%. The $50

bill deal received Federal approval yesterday. The Greens

have called the project

environmental vandalism. We'll

take a look at NRMA paymenter

numerous and we're joined by the the presenter of 'Insiders' and former Washington

correspondent Barrie Cassidy. Good morning. Interesting to

have you on the couch this

morning, the day after tedded

the has died? Yes, and the

Kennedy story is probably the

story, America's story in the

20th century and Ted Kennedy of

course was the last of the four

Kennedy brothers to die. I like

the 'Age' this morning, it's

introduction said that Edward

ten di had something his

brothers never had grey hair,

by that men that Joe Kennedy,

the oldest died in the wa,, and then of course the other

Kennedy brothers were

assassinated. And Ted Kennedy

himself could have been

President had it not been for his misdetermines and

particularly the incident at

Chappaquiddick when the car

went off the brim and from that

moment on his political career

wasn't over because he went on

to be be a seven term Senator

buzz his aspirations to be

President died that day. Explain for us the significance of what he

actually did in the Senate over

there and from your experience

as a correspondent through

those years? He was sort of

recorded I suppose as the left leading Senator, the guy who

liked to drive reform. The one

though I think his great

ambition was like Hillary

Clinton, he wanted health

reform brought about in the

United States and now that

certainly won't happy in his

time and it may only happen at

the margins in Barack Obama's

time. He was seen as a left

wing reformer but I think

beyond that, ro beyond his role

in the Senate he was the

meantor to so many aspiring

Democrat politician and he was

really seen as the unofficial

leader of the Democrats in the

United States for decades. His

Presidential ambition as you

say were dashed by Chappaquiddick, I've been interested to read comments

from those who knew him well

saying the fight was never in

it. That went out for him with

the death of his brothers. The

death of his brothers of course

would have had an impact and so

would have the fact, he god a

suspended jail sentence for

that. To to come back from that

was quite extraordinary. Given

all the pressure on the Kennedy

family over the years and then

this incident as well in

Massachusetts, it just, I think it demonstrates tremendous

fight, that he fought back from

that and then became perhaps

the most influential Senator in

the last 50 years. Do you see

that long legislative career as

in some way trying to atone for

Chappaquiddick? And maybe just

standing up for the Kennedies

as well and saying that they

live on. Within of his sops is

in politics now, so it's in the

blood, with the Kennedies and I

think what struck me over the

last 24 hours is you get this

anyway when people die, the

most positive things are said

about this them but you have to

accept that the most I think

kons quiver politicians in the

United States still had a very

high regard for Ted Kennedy as

a politician and as a person. I

never in one of the spoirs this

morning we've been running his

father actually said he was

accident prone or he was the

one to get caught from an early

age. He might have accepted

that through the years but

decided as you say to fight on

and do what he could? I think

he did. I think it was part of

the willing circumstances part

of the story. As I said, I

think it is the story of the

20th century in the United

States and Joe Kennedy his

father was the driver and Rose,

they were both so political

aware and astute and they had

great ambitions for their sons

and one of them made it You had

no choice if you were a child

of theirs. Let's move on to

another political leader who is

in a slightly different and

much more embattled

position? And we go to NSW now

and Nathan Rees. Whatever paper

you pick up there it's the lead

story. John Della boss today I

suspect is behind some of this.

At least, one of the theories

in I think it's if the herald

suggests that John bell today

Bosca supporters are using this

to great what they call the chaos theory, in other words

you spread all sorts of

information and rumours and

vefrl the whole show falls down

and somebody else steps up to

the plate. The latest rumour is

that the planning Minister is

ready to challenge Nathan Rees.

That was given some credit last

night on a television news

bulletin. And Nathan Rees who

has been pretty much in hiding,

hose on holidays and the media

haven't been able to track

Ibrohim down, I have no such

intention, that is the to the suggest that he should

resign. He is in a position now

where where where where it's

possible for him at all to come

up with akt stroirt next

election or should he just call

it quits? It doesn't seem as if

he can win the next election.

Where he can survive the next

week now is the question and

Tuesday seems to be crunch day.

Caucus meets on Tuesday. The

'Sydney Morning Herald' ran a

story on Monday suggests that

they'd been - that some had run

name past a focus group. Five

names were put up which shows

again where they're at because

they simply can't make up their

minds where they want to g Five

name, that displays where you

R They are Carmel teb ut, John

Robertson, frank sartor and the

previously mentioned John Della

Bosque ya and Christina Kennelly. Of course she's in

the United States. She too son

holidays and it's unusual to

run a cam pan from the United

States. Carmel tebout is the

one who enjoys a great keel of

support Federally by some key

power makers there. What's your

view of her chances? She's

married to a Federal Minister,

Anthony Albanese. I would have

thought before all of this that

at the moment of her choosing

she would be the leader. But

that may not be the case

anymore. John Della Bosca it

appears the fighting harder for

it than perhaps some would have

thought and perhaps Christina

Kennelly, it came up in June or

early July but now it's been put forward and you would

suggest with a bit of revenue

behind it They're fight

strongly for this because the

Liberals in NSW aren't in a

particularly strong position

either. There are concerns some

people have concerns about the

the abilities of Barry

O'Farrell up there? I suppose

that's true that they think

that perhaps a change can make

all the difference. They

thought it might with Nathan

Rees, it the p but look what happened in Western Australia

with Colin Barnett. When he

came into the leadership it

changed everything. Perhaps

they're looking at that sort of

scenario all over again It eth

it would seem that the Liberals

might to send their... I'm not

sure that this is a party

endorsed though but this is a

column by Arthur - Cincinnati

Masters who is really the

political mind be - Arthur

Sinodinos, who is really the

political mind behind John

Howard. What he writes about,

he says that there are options

open to Peter Costello and as

he puts it I think the

conventional theory is he said

he would go into private

enterprise but he's suggesting

not so fast. He could make a

very good Premier in Victoria.

You wonder why he would flag

this. I don't think he ran it

past Peter Costello because at

one point he saws this is probably something that Peter

Costello would dismisses in a

nano second so would Jeff

Kennett I think, but

nevertheless, So would Ted

Baileau. It's something who was

the sort of strategic mind

behind John Howard for so mind.

He very highly regarded in that

respect. Right across politics

and he says that this is

something that Peter Costello

should think about and again he

talks about the experience of

Colin Barnett in Australia and

says that OK, John Brumby is

popular by an individual can

change all that What is the popularity of Peter Costello

like within Victoria, he's a

fiercely proud Melbournian? He

would be more popular in

Victoria than he was elsewhere.

I think part of the problem he

had Federally was that he

couldn't tap that sort of

Sydney limp elite, he wouldn't

have that sort of problem in

Victoria. I think - of course

if he was to run, such a

powerful political figure, 12

fwlaer years Federal Treasurer,

he would change the whole

equation in Victoria. Let's

stay with politics and we'll fish finish up that way. You

were mentioned Arthur Sinodinos

p he's ruled himself out from

running in Bradfield. Who are

we left with? As you see there

in the the 'Australian' up to

to eye off Nelson's safe seat. With Arthur Sinodinos

withdrawing from the field, not

putting his hand up in the

first place, that's opened the

floodgate numerous so everybody

at that sort of middle level

thinks they can have a

crack Who is your money

on? Absolutely no idea. It's

too wide wop. The names that

have been put up now are really

former staffers and anyone of

those could emerge from the

ruck. It's going to be one for

the factions now. When you say

it's been thrown wide open

because of of Arthur Sinodinos withdrawal, would he have been

a shoe in if he has been

nominate for it Absolutely. And

just one point on that. I think

that the Rudd Government's got

to be careful they don't

overplay their happened here.

They're not running because

they want all the attention to

go on Malcolm Turnbull but in

the process the Greens will get

a very big vote and that might

build momentum for the Greens

and that could hurt Labor

elsewhere. Thank you so U you

can watch all of News Breakfast

streamed live every morning.

The address is - here is Paul

Kennedy. Ricky Ponting says he

wants to stay Australian

captain but would stay on as a

batsman if replaced. The skipper returned to Australia

without the Ashes last night.

Here's here to spend time with

family before returning to

England for some limited overs

games ch it's the first time he

speculated on his future

without the captaincy and it's

been confirmed Muttiah

Muralitharan will play for

Victoria in summer. He will

come down to compete in the

Twenty20 sores as within of two

imports. It's a recruitling

coup for the State and should

attract plenty more spectators

to the games and Melbourne

Storm will soon announce

whether Greg Inglis will be allowed to play again this

season. Inglis returned to

court yesterday on an assault

charge. Policeally he pushed

his girlfriend in the face.

However a defence lawyer said a

second stamentd from her

exonerated Inglis. The case

will return to court in

October. Inglis indicated he'd

plead not guilty. And I want to

sow you some pictures now of

some violence at an English

soccer match and if you have a

look at this. Looks like you're

watching sming from the 1980s. Notwithstanding the modern head

gear of the police there, but

that was yesterday at a game

between West Ham and Milwa will

it started outside with some

beers at the pub there and then

moved inside. Mill wall is

renowned for such violence. A

few years ago there was an

incident that had similar

pictures and I think that those

two teams had a similar

incident about 24 years ago, so

- were the police trying to

keep the two groups apart there

in the street. It seemed to be.

I'll tell you a bit more about

it in the anymore hour but not

great screen scene there.

They're saying it's a return to

hooliganism which isn't good

because isn't good for English

football generally because

they're bidding for for the

World Cup don the track. They

have cracked down and said that

they'll ban anyone involved in

that from watching football

live for life so takingate

itself very seriously. Good to

see. Thank you Paul. Here is

vam with a look at the

weather. It's been a little bit

milder up in Queensland over

the last few days and as we

head into the weekend

Brisbane's temperatures are

expected to head back into the

30s as we take a look now at

the satellite image. Thick

cloud continues to cross

Tasmania and patchy cloud is

drifts over Victoria's south

coast. - is drifting over

Victoria's south coast. The

next front will cross bas

straight tonight pushing strong

westerly overs Tasmania and I

think I'm about to lose my

voice. It's also the coast of

Victoria and South Australia. For rest of the south-east a

much calmer way to end the week

thanks to a high. By tomorrow

we will have a low that moves

into the south-east. As we take

a look around the states right

now -??

Now still ahead on News

Breakfast - we'll have more on

Senator Ted Kennedy's legacy

when we speak to Dr John Heart.

He's Ausprits expert from the Australian National University

and we've had commentators on

this couch before who have

questioned Ted Kennedy's legacy

after what happened at Chappaquiddick. But this

morning we're hearing from a

lot of people who say that

description as the line of the