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Live. Tonight - a High Court

win for asylum seekers

threatens to undermine offshore

processing. A victory for

bikies. The court says anti-gang laws anti-gang laws are

unconstitution al. The convicted honeymoon killer

released from gaol but still in

detention. Australians pause

to remember wartime sacrifice.

They live on in our nation's

memory and symbolise the values

strive to and freedoms we'll always

evening. Welcome to ABC News. I'm Virginia Haussegger.

I'm Virginia Haussegger. The offshore processing system at

the centre of immigration

detention has been thrown into

disarray by the High Court.

For the first time since the

Howard Government used the

tactic, the court has ruled

that asylum seekers held in offshore detention can have

their cases reviewed in

Australia's courts. It opens

the way for hundreds of

appeals, longer stays in

detention and a blowout in

legal costs. Political

correspondent Greg Jennett. It

took 7 High Court justices just

27 pages to turn nine years 27 pages to turn nine years of

asylum seeker policy on its

head. It's important that we

recognise that this is a

significant judgment. It has significant ramifications. Two

Tamil men who came by boat a

deportation pleaded injustice year ago but were destined

in the investigations for their

refugee claims at Christmas

Island. The High Court agreed

they were not made according to

law and were not procedurally

fair and has for the f irs time

since 2001 given them rights to

legal appeal in Australia's

courts. They're very happy

they have the process to look

forward to. To the victors, the

decision shreds one of the key justifications used by

successive governments for

offshore detention and

processing. We also call on

the Government to abandon the offshore processing offshore processing regime

which the High Court has

unanimously ruled is

fundamental ly flawed The

Greens ant' waiting. They'll

move to ensure all arrivals by

boat get full appeal rights.

Whether on ashmore reef, the

shores of Bondi, we'll all have

access to the same rights of protection. The Government is

take seeking legal advice. It could

take weeks to respond. potential to elongate the

amount of time it takes to process refugee claims. The

Government, with already a

detention crisis which is out

of control, may well decide to just let people

detainees will now get access

to Australia's courts and more

will follow. It's a conundrum

for the Government. Each case

puts pressure on already

crowded detention places and

also carries unknown costs for

legal aid and for Government

lawyers. Amid the muddle, the Government says it has legal

advice that the High Court's decision wouldn't undermine its proposed Timor solution. The

High Court delivered a headache

to another Government today.

It agreed with bikies that a

South Australian law which

prevents gang members associating with unconstitutional. The ruling

could affect moves by other

States to introduce similar

laws. Bikers of all denominations met to show their

pleasure at the High Court's

remembrance ruling. What a day, a

remembrance day. We knew it

was unjust and that we're now

the law-abiding citizens and

they're the jo ut laws because

they've written something

illegal to start off with The

raised in the South Australian government appealed after being

Supreme Court which ruled the

section unconstitutional. It's

bigger than bikies. It's about

your right to associate with

whomever you like whenever you

like Six of the seven judges

found the move to prevent

bikies from meeting, phoning or

writing to one another went too far. It amounted to enlisting

magistrates to carry out the

wishes of the police

commissioner. Chief Justice

Robert French said the section

was repugnant. He said courts

and judges decide cases

incompetently of the executive

government. The Premier, Mike Rann, who's built of being tough on crime isn't

smarting from the loss, instead

he's upped the ante. If you

what we're doing next. The celebrate now, wait and see

decision is expected to have

implications for other states

which joined the action and

have been planning or have

introduced similar laws. But

not all States have taken the same approach The issues that

were the subject of the South

Australian decision are not

issues which parallel in the

New South Wales case. In an

extra blow, the South

Australian Government will be

forced to foot the bikies'

legal bills. Mike Rann has egg

on his face now. He lost in

the Supreme Court. He used

taxpayers' money to try to wipe

the egg off his face in the

High Court The cost of the High

Court action is expected to run

to hundreds of thousands of dollars. The Prime Minister has

taken her battle with

Australia's banks on to the international them of ripping off customers.

At the G20 meeting in South

Korea and with the head of ANZ

in the audience, Julia Gillard

launched a scathing attack.

She warned the banks against

using tough changes in the

global financial system

proposed at the Seoul summit to

slug customers with rate hikes

or mortgage charges. Chief political correspondent Mark

Simkin is travelling with the

Prime Minister. Amid two days

of talks, two minutes of

silence. The British, Canadian

and Australian leaders commemorated Remembrance Day

and a 6th year anniversary of

the Korean War. An Australian

who fought on the frontlines here helped Julia Gillard pay

tribute to the dead. It's the

first time he's been back.

Marvellous how it is now, Marvellous how it is now, you wouldn't believe it Seoul isn't

the only thing some veterans

like the look of. He's a

cheeky one. Currency wars are

high on the agenda here. The

Prime Minister called for a

cease-fire, even as she took

the Government's fight with the

banks to an international

audience. We want to better

empower consumers to move away

from banks when they are

unhappy with their banking

arrangements and believe that

they are being ripped

off. ANZ's chief executive was

in the audience, as Julia

Gillard lashed out at his

decision to raise rates by more

than the Reserve Bank did. Our

funding costs have increased

and we have to react to that

situation. The G20 is

considering tougher rules for banks, although, ironically,

the Government is lobbying for

Australian institutions to be

exempted. There will be

exempted. There will be no

excuse for any domestic bank to

blame any interest rate rises

on the decisions taken here. These protestors want more

radical changes to the global financial system. financial system. Concerns

about riots and South Korea's

unpredictable northern

neighbour are making officials

nervous. The security is

stifling. More than 50,000

police have been mobilised, the

security forss are on the

highest alert possible and

fighter jets are escorting the world leaders' planes as they

fly into the city. Despite the lockdown, Seoul's rolled out

the welcome mat, although not

everything has gone to plan.

This Julia Gillard doll seems more Austrian than Australian.

The exodus of New South Wales

Labor MPs continues. Today it

was one of the most powerful

MPs of the recent era. Joe

Tripodi has spent almost 16

years in parliament holding

various cabinet positions. He

says he's cherished his time serving the electorate of

Fairfield, but he's best known

for his role as played a pivotal role in the

appointment of the last three

Premiers. I haven't been a

person who has run away from my responsibilities to make

decisions. I can't say that of

every politician that I know.

Yes, some hard decisions have

had to be made and I think that

when you take the job, you take

that responsibility. The

43-year-old says he hasn't got

a job lined up and is looking forward to a break. The

Murray-Darling Basin road show

came to Canberra today, but the

meeting wasn't as heated as

earlier gatherings in the heart

of the irrigation zones.

Still, the Territory faces a

water entitlement cut of up to

45% under the plan and the meeting was not without

passion. A diverse crowd from

farmers to environmentalists

had their say. Canberra's the

largest city in the Murray-Darling Basin and it's

being targeted for big cuts.

The ACT is being treated no

differently to any other party

on the Murrumbidgee River. reductions are the same for all

parties. The plan sets out cuts

of between 34 and 45% for the

ACT. Canberrans raised

concerns about the impact on

the Territory's future growth.

Crowd numbers were also bolstered by bolstered by irrigators from across the border in New South

Wales. Many question the

assumptions and modelling used

by the basin authority. It's

time you started to get real

about this. Sure you have a'

been given a brief, but you've

been given the responsibility

to do something real and so I

think it's time you did. I'm in in a situation that if they

take this present reduction to

account and my licence is reduced accordingly, I will

become unviable. Therefore, my

income is cut to nil. Why

should I have any confidence

that you people have got it

right? But at this meeting,

the basin plan also had some

supporters. This is a piece of excellent

overdue for Australia. We need overdue for Australia. We need to know where we stand in terms

of our water resources. If you

stuff up the rivers, you stuff

up everything. I want to

commend governments and the authority for having the vision

and courage to move towards a

holistic plan for the Murray-Darling Basin Authority

heads to renmark next week for

its last meeting in the round

of consultation. Its final

plan could be at least another 12 months away. The so-called

honeymoon killer, Gabe Watson,

faces an uncertain future after

release from a Queensland

prison. The American is now in

immigration detention as his

lawyers and the Australian Government grapple over his deportation. Gabe Watson's

first moments as a free man

started under intense scrutiny.

He left the confines of a

prison cell but was immediately

transferred into custody and taken to Brisbane

airport before being sent to a

Melbourne detention centre.

But there's confusion over when

he'll ultimately be sent back

to the United States. The only

thing I've been told is it

could take weeks or it could

take months. The convicted

killer could be released into the community if he's granted a

temporary visa. I envisage that continuing, but he is

entitled to make application to

me, which I would be duty bound

to consider. Gabe Watson has

completed the 18-month sentence

for his wife's mans slaughter

during their Australian

honeymoon in 2003. Authorise

in his home State of Alabama

want to charge him over Tina

Watson's death and they've

promised he won't face

execution if convicted. But

the Australian Government says

that guarantee has to come from

a federal level before they

hand him over. Once we have

that, I would take steps to

deport him expeditiously to the US Alabama's top prosecutor

says their Federal Government

doesn't have control over the

State's actions. Not under the

US constitution or Alabama

constitution - I mean, we are a

sovereign state and they haven't interfered in our proceedings proceedings before. Tina

Watson's family say they don't

know what's going on. He's been given a lot more consideration and treated more

like the victim than our

daughter Tina has been. Gabe

Watson will be detained for at least another night while the

deportation negotiations take

place. Australians paused

today observing a minute's

silence in memory of the

nation's war dead. At the 11th

hour of the 11th day of the

11th month the Armistice that

ended the war to end all wars

was signed. 60,000 Australians were killed were killed during WW1 and their sacrifice has not been

forgotten. Australians, today

I ask you to remember and to

hope. Lest we forget. 92 years

after the guns of the western

front fell silent, ending the First World War, Australians

are still remembering. Today

hundreds of people gathered at

the Australian War Memorial to

pay their respects to those who

paid the ultimate price in paid the ultimate price in that

war and in conflicts since. In

us is a thankfulness for what

they did, for bravely turning

up, for making the most of what

they had, for seeing and

enduring the best and worst of

humankind. As the years march

on, veterans of different, more

recent conflicts are taking centre memories of their fallen mates.

Each year on Remembrance Day

the War Memorial updates its

roll of honour. The list of

Australia's war dead. Today 10

new names were added, all

killed in Afghanistan since

June, the greatest number added

in a single year in a single year since the end

of Vietnam War. For us the

country men and women live on

in our nation's memory and symbolise the values and

freedoms that we will always

strive to protect. At the

going down of the sun and in

the morning, we will remember

them. 102,000 Australians are

commemorated on the roll of

honour. Their names are

mortalised in bronze never to be forgotten. recipients of the Victoria

Cross and George Cross medals

have been honoured at a special

reception with the Queen. The gathering at Buckingham Palace

brought together holders of the

awards from around the world as

part of the rememberan Day commemorations, among them

Australia's new est trust holder, corporate mark

Donaldson, who rescued an

interpreter whilst under fire

in Afghanistan. You feel like

one of the members of family

returning home from a holiday.

Unfortunately some of the

people have post humanus awards, they were unfortunately

killed trying to do what they did, I'm lucky enough to be

here The group will meet again

later tonight for more sombre

ceremonies to remember their

fallen comrades. Not far from Buckingham Palace there were

scenes of violence as tens of

thousands of students took to

the streets to protest the streets to protest against university fee increases.

Students and lecturers the conservative party

headquarters, smashing windows,

starting a bonfire and climbing

on to the roof. Europe

correspondent Phillip correspondent Phillip Williams reports. It started peacefully

enough, tens of thousands of

angry students descending on London London from campuses across the

country, the message for the coalition government reverse the decision to triple university fees they say

imposes an impossible financial

burden. We are being made to

pay more to get less as a consequence of financial

crisis. We have absolutely

nothing to gain. While the vast

majority were peaceful, some in

the march took an unexpected turn.

turn. At the conservative

party headquarters police

appeared to be caught

unprepared, as windows were

smashed and the building

stormed. The surging crowd was

eventually contained, but not

before a number of protestors

had got inside and occupied an

upper balcony. As staff in the

offices were escorted out the back, a back, a solid core of several thousandand demonstrators kept

the fire and anger burning. As the battles continued, there

were injuries. Student

organisers were accepting none

of the blame. 50,000 students

have come to protest peacefully and made a serious point, but

they are in jeopardy of being

completely undermined by completely undermined by the

outrageous and violent angsts --

-- actions of a small minority The government says

the former Labour government

created the mess that has to be

fixed, the cuts to universities

just the beginning. This is

just the first of many protests

to come as the deep government cuts in other sectors, there

will be demonstrations like

this the length and breadth of

the country. Still to come on

ABC News, in the hunt but Tiger

trails the locals after round

1. A Canberra woman allegedly connected to a murder in

Belconnen earlier in the year has appeared has appeared in court. 26-year-old lid lid was found

dead in the apartment in May.

Krot krot is charged with being

an accessory and dealing in the

proceeds of crime. The police

informant said there was

evidence that krotski intended

to interfere with witnesses. Her 18-year-old Her 18-year-old daughter also

faced court today, charged with helping her stepfather, Corey

Martin, steal cash and drugs.

Martin will be formally charged

with murder later this month. To finance now, and

Australia's unemployment rate

has jumped, taking a bit of

pressure off interest rates.

As Alan Kohler reports, the

Australian dollar has dipped

below parity for the first time

this week. The rise in the unemployment rate is unusually

large from 5.1 to 5.4%, despite an increase in employment of 29,700, although the increase

was all due to extra part-time

jobs, full-time jobs fell 14,000. Anyway, the reason for the big increase in

unemployment was a sharp jump

in the participation rate to a

record high. Now, this actually argues against the

Reserve Bank's contention that

the Australian economy is running into capacity

constraints; that is, there are

more people available to enter the work force than previously

thought. Also, average hours

worked is still below the 2008

peak, which suggests there's

room for more hours as well as

more people, which in turn suggests that interest rates

may not have to go up as much. The Australian dollar went

below parity with the US dollar

in the early hours of this

morning, so that had nothing to

do with the employment report

at 11.30am. It's currently

trading at just above 100 US

cents, but it got as low as

99.7. Local share markets are

devieded at the moment. The

United States and China are

benefiting from low currencies,

lashed together as they are. European markets are suffering

from a new bout of sovereign

debt jiters based

as I flagged last week. Irish,

Greek and Italian stocks

dropped sharply as investors

looked for safer places. The

Australian market followed the

US, with resources stocks Rio

Tinto and woodside leading the way.

Qantas rose another 2.5%.

There was major action among

precious metals. Gold wasn't

down much, but silver dropped

7%, pal aid um 6%, platinum 4,

that's finance. The Pakistan

cricket board has suspended the contract of wicket keeper

Zulqamain Haider as

investigation s continue into

his match-fixing allegations.

Haider fled to England early

this week, saying he feared for his life after bookmakers asked

him to fix one-day games in South Africa in

Dubai. Zulqamain Haider says he

was threatened didn't throw the last two games

of Pakistan's one-day series against South

against South Africa. He

said He said if you will work

with us, we will give you a lot

of money. If you go back

of money. If you go back home, we will kill you and your family

family also. He hit the winning

runs in the runs in the fourth game against South Africa before seeking

asylum in England. He has not

contacted us personally. We

would like to know what went

wrong and what happened South

Australian paceman Peter George

picked up the first three

wickets on day one of the tour match against England. Paul

Collingwood and Ian Bell led

the recovery before the

tourists declared on eight for

288. Test hopeful Ryan Harris

took 5/72 as Queensland

dismissed Tasmania for 196 on

day 2 at bell bell oval. The

Bulls took first innings point.

Andrew McDonald made 100 as

Victoria compiled 378 in the

first innings against New South

finished with no wicket for 74.

Blues opener Watt Watt fell for

20, but Clarke made a half

century. Red Bull won't play

favourites in the season ending formula one Grand Prix

according to the team

principal. Mark Webber and Sebastien Sebastien Vettel can win the

world title. We've backed both

drivers from the very beginning

equally. We've given both

drivers great support. Webber

has often suggested Vettel has received preferential

treatment. Mark has not been

unused to using situations to create

create motivation either for

himself or put pressure on the

other driver. Webber trails championship leader Fernando

Alonso by eight points, while

Vettel is 15 points off the

pace. Three little known

golfers have upstaged the stars of the Australian masters to

share the lead at 6 under after today's first round. Alistair

Presnell, Adam Bland and Daniel Gaunt shot 65, defending champion Tiger Woods is four

shots off the pace at 2 under

par. Alistair Presnell was once

a refrigeration mechanic and he had a

had a hot round going at

Victoria. Playing the back nine first, he had three

consecutive birdies, on the fourth, fifth and sixth. He's just draining everything. A

bogey at the last had him

signing for a 65. Over the

last month I am pinching last month I am pinching myself

I can be under par, never mind

shooting a 65. It's very

nice. On the range and last

night I was talking to him and

he said he's playing he said he's playing horrible.

When I see him going 5, 6, 7

under, if he's playing

horrible, that's pretty good.

It was nice to join him Joining

press Nel at six under is

Gaunt. And Adam Bland. Pretty

much live in each pockets. I think the

girlfriends get a little

worried, both our girlfriends think we're too close. While

it's literally a Bland leader board, Tiger Woods is four

shots off the pace. He wasn't

happy with a 69. I really

played well. I

every putt short. If I make a

few puts, I'll be 4, 5, 6 under par Garcia struggled throughout

the day to a 73. The soft but

fast greens made controlling

spin difficult. The Australian

favourites had a day to forget.

Robert Allenby couldn't buy a

putt and local knowledge wasn't

much help to Geoff Ogilvy, who

shot one over. The shot of the

day helped Green Green to a 68. Guy Stayner, ABC News. Finally

tonight, it's been a

Remembrance Day to remember for

one group of

children. On a visit to the

national maritime museum in

Sydney, they sat wide-eyed as

they heard about one of

Australia's most audacious and

compelling war-time escapades.

It's the story of the Krait, a

fishing boat that carried Australian commandos into

Singapore Harbour in 1943 with

devastating success against Japanese shipping cht the

storyteller, now nearly 90

years old, was the commandos'

radio operator. Geoff Sims reports. 67 years ago and

Horrie Young has never stopped

living and loving it. That was

the happiest ship I ever sailed on Maybe on Maybe because all 14

commandos were young, barely

older than today's delegation

from Amaroo in Canberra, when

the Krait headed on on a do or die disguised as local fishermen,

they got past the Japanese into

Singapore harbour on the 20

metre wooden boat named after a

deadly Asian snake. Then in

canoes they stuck limpet mines

on Japanese warships. That vessel there was responsible for more destruction for more destruction of enemy

shipping than any other ship in

the Australian navy through the whole of

whole of the six years of the

war. It's not a bad effort. All this time the Krait

was itself mined and the

commandos ready to blow it and themselves up if they were

challenged. It's not as if the

Krait took part in one of the

major campaigns of the war, nor

even the fact it was

successful. What makes the

story deserve to be kept alive

is that despite everything

against them, they got away with

with it. I call it the

operation that had no right to

succeed. I think it's

unbelievable what they managed

to achieve in such a small

vessel like this. To stick together they did, it's amazing, yeah.

The navigator was there and

got us back and without any

casualties. We couldn't ask

for much more than that, could

we? Just that we? Just that they and the

Krait be remembered. Now with

a look at today's weather, here's mark Carmody. Thanks,

Virginia. Good evening. What

a day to be working in the

garden, especially if you were

trimming hedges, as that storm

that rolled through early this

morning made the shrubs wet,

which helped to lubricate the

cutters, as the airport got

6mm, Tuggeranong, 16, Belconnen

12. The wet weather was

associated with an easterly air

stream, but when the winds

swung around to the west and north-west, the clouds cleared

and Canberra had a mostly sunny

day with a top of 27. That

brought on a fluffy hair day

for the female at the ABC. Currently it's

partly cloudy, winds westerly

at 20km per hour and sitting on

24 degrees. Regionally today

there were showers early this

morning in Goulburn and Cooma,

but they cleared to a fine, dry

day, 27 in Goulburn. west around Wagga Wagga, Albury

and Griffith, moderate

north-easterly winds which gave

them summertime temperatures,

34 in Griffith. That's warm. Around Australia today, talking warm, warm, Adelaide was sunny and 32, scattered cloud around

Melbourne, but still managed

31, 27 in Sydney, 28 in

Brisbane. Cloud crossing to our

our south is associated with warm northerly winds, but they're

they're generally dry and not

generating much precipitation.

That cloud I was talking about

is preceding a trough that will

deepen over the next few days resulting in potentially

widespread showers over the

south-east over the weekend.

The high approaching WA will

clear the State and Perth will

get a fine sunny weekend with temperatures around 30.

Nationally tomorrow we know

about Perth. Showers for

Adelaide and Hobart, Melbourne

will be stormy with a top of 32, Sydney will be

fine and sunny, 25. The local

area weather tomorrow is like a

bag of mixed bowls. Cloudy and

31 in Yass, afternoon storms in

Cooma, late showers and 36 in

Griffith, sunny with light

north easterlies down at the

bay. And for Canberra

tomorrow, possible fogs, then a

partly cloudy day with moderate

north-westerly winds, 13 to a

hot 29. With the sun out

tomorrow, it's a real slip,

slop, slap sort of day,

particularly between 8.40 and

4.50. Then on Saturday, when Belconnen will come firstly at the Belconnen

community festival, and then at

our producer's son's schools evening fete, at the Miles

Franklin primary school in Evatt, where the plant stall

will be superb I'm told. It

will be cloudy and there's chance of afternoon storms,

temperature range 16 to 27. Virginia, the sensible thing to

do for those going to the

festival or the fete, just wear

shorts. It doesn't matter then

if it's a bit damp

underfoot. Thanks, Mark. Thank

you very much for my floral

arrangement. But the rosemary

is knocking me out, it's so

strong. My pleasure. To see

you wearing it on such a memorable day is such a great

thing. Thanks, Mark. That's

ABC New it's. Keep up with the

latest news at ABC online and

ABC News 24. Good night.

Closed Captions by CSI This Program is Captioned


Welcome to the program and first, today's High Court ruling that ruling that has potentially big

implications for how the

Government will have to handle asylum seeker applications for

refugee status in future and

for a political backlash.

Today's ruling related to 2

Tamils who had been processed

offshore and been offshore and been refused refugee status earlier this

year and the court found

unanimously that they had been

denied procedural fairness. The

implication of this finding is

that the way is now open for

many more asylum seekers to

take their case to the High

Court rather than the limited

appeals process now. There are

now claims denied by the

Government that Government that the Christmas Island detention centre is