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Live. Tonight - the High Court

sinks the Government's Malaysia

people swap deal. Let's make no

bones about it, today's

decision by the High Court is a disappointing. Ultimatum for profoundly

or face all out assault. The Gaddafi loyalists surrender now

data base to improve patient

care in the ACT. We don't waste

it, we get the right product at

patient. And the right time for the right

patient. And a surprising

weather record set during

Canberra's freezing winter. Good evening, and welcome to ABC News, I'm Virginia

and signed in fan fare and

heralded as a deal to smash

people smuggling, but tonight the Government's asylum seeker swap with Malaysia swap with Malaysia has imploded. The High Court has

ruled the Immigration Minister

exceeded his legal powers in clinching the

clinching the deal. Chris Bowen

admits the decision strikes a

heavy blow and although the

Government could try to fix the

situation with new laws it's

finding no friends in

Parliament to back it. Chief

Simkin was in court political correspondent Mark

decision. First East Timor, now Malaysia. Another so-called asylum seeker solution is no

solution at all. Let's make

bones about it, today's

decision by the High Court is a profoundly disappointing one. Disappointing to the Government, disappointing to

and politically me. Not to mention surprising

devastating. Today's decision

is a significant blow but it

does not undermine my or the Government's determination to business model. Just a few

extremely confident. The weeks ago the Minister was

Commonwealth Government is on

very strong legal strong legal grounds. That

ground has just crumbled

beneath him. The Minister's

declaration was made without

power, the majority ruled. The

Minister may not lawfully take

either plaintiff from Australia

to Malaysia and the Minister should be restrained accordingly. The Government

wanted to send 800 asylum

seekers to Malaysia and take

thousands of refugees return. It's still inclined to

take the refugees so a 1 for 5

people swap has turned to 0 for

relieved that the court has relieved 4,000. Our client's extremely

realed by a large majority 6-1

that the Government's plan to

expel them to Malaysia is unlawful. The court found

Malaysia is not legally bound

to provide sufficient human

rights safeguards given it

hasn't signed the refugees

convention. It is clear the

Minister did not look to and

declaration in did not find any basis for his

international obligations or

relevant domestic laws, the

Chief Justice ruled. Robert

French even noted there's no evidence of any legal

protection against caning, repeated contradicting the Government's contradicting

another recognition of yet repeated assurances. Yet

another policy failure by this incompetent government. Labor

could try to legislate its way

out of trouble but it's

unlikely to find the numbers in

the Senate. Not only is this

harmful for children, not only

is this expensive, but it's now

dealt a illegal. The High Court has

Government that certainly

didn't need one. One

backbencher called the decision

catastrophic, cabinet will now

options are on the table decide what to do next. All

including one that was once politically unthinkable -

reopen ing a detention centre

on Nauru. I'm not ruling

anything in or out in terms of our response. That's because the High Court's raised more questions than answers. Thank

you very much, cheers. you very much, cheers. Our

political reporter Andrew

Greene has been following short time ago. Andrew, the

Minister says all options are

now on the table to try to

are those options? Very salvage this situation. What

difficult to say, Virginia.

With the Government now seeing its Malaysia solution struck

down by the High Court it could

try to get new legislation

through Parliament but the

Greens have already declared

that they would block that. The

Government could also look to

Malaysia to try to get that nation to sign up to the

refugee convention or to

legislate domestically to offer

more protections for refugees

but the

that's unlikely. The government

could also look at onshore

processing but that would be a

massive backdown, or it could

look to other options like

Manus Island which is a

signatory to the refugee

convention. Any other options,

though, in terms of other

locations look unlikely given

today's judgment. Well, as

we've heard that Nauru appears

to be in play, what - would

adopting the Coalition's policy neutralise or escalate politics of this neutralise or escalate the

hard to say what today's

judgment said about Nauru but if

if the Government were to entertain the idea it would be

a backdown on a massive scale

and you just can't see the

go down that path. No doubt a Government would be prepared to

long way to go on this story

yet. Andrew, thank you very much. Thanks, Virginia. Asylum

seekers on Christmas Island

cheered as the decision was

handed down and many locals on

the island say they're also

relieved. The ABC's Jane Norman

filed this report from

Christmas Island a short while ago. Just minutes after the

decision was could hear cheering and

clapping from inside the Phosphate Hill detention

centre. We've been since told

watching that the asylum seekers were

watching the events unfold watching the events unfold on

television. Workers say the

men, women and children were

jumping up and down overjoyed

at the decision. Because you will have people without hope,

people have got some sort of future looking forward to being processed by Australia. The Christmas Island shire president has described the

decision as a win for asylum seekers but a seekers but a huge blow for the

Federal Government. Gordon

Thompson never supported the

common sense has Malaysia solution and says

prevailed. When people come

them, we have to process their here we have to look after

claims and if they're

determined to be refugees they

get to stay, that's the way it

should be. It's understood that

335 men, women and children who

were due to be deported will

now have their claims for asylum processed here in

Australia. The 91 children in

the group will also have access to

to schooling. I think back to business as usual. I

think the Department's already getting the kids into the

school here which is a good

thing. They shouldn't have been

kept out of school so far. The Immigration Department says

it's still going it's still going through the details of the High Court

decision and it's unclear whether those asylum seekers

will remain here on Christmas

Island or if they will be

transferred to the mainland. Indonesian detainees

have set fire to Darwin's main

immigration detention centre as

part of a religious protest.

Two fires were lit within the northern immigration detention centre this black smoke into the sky. An

asylum seeker advocate in the

centre at the time says staff

went into lockdown and the

police were police were called. They were

all in battle gear, what I call

battle gear and helmets and

guns and things getting

themselves all ready and I

thought heavens, the revolution has broken out. The Immigration Department says it appears the

men lit the fires because they

weren't allowed to visit a

mosque to mark the end of the Muslim holy Muslim holy month of Ramadan.

Fire fighters had to use cannon for two hours to

extinguish the blaze which damaged parts of the centre. Lybian rebels say zero

hour is fast approaching for pro-Gaddafi forces

fighting in the coastal town of

Sirte. While talks for a peaceful resolution continue

those holding out have been given until Saturday to

surrender or face the might of

the rebel army which is

advancing on several fronts.

And while the search for

Colonel Gaddafi continues,

rebel leaders are warning that the finished yet. Middle East correspondent Ben Knight

reports. Sirte has just two

days left to surrender. If it doesn't this is what is waiting outside. This is a very

different rebel force from the

one that raced towards Sirte

back in March. Back then it

went too far, too fast and was

beaten back in a humiliating

retreat. Not this time. But

they still face a tough army in Sirte which still being directed by Moammar

Gaddafi himself. The troops

that we see are not in total

dis a Sirte dis a Sirte is not the last

city holding out against the

rebels but it's the most

important. It's the city where

Moammar Gaddafi was born and

home to his loyal tribe. The

rebels are confident it will

fall but they're also expecting that taking it will not be

easy. The war isn't over yet.

Gaddafi. But in celebrations have already

begun. Hundreds of Lybians

gathered in Green Square, the site of the countless

pro-Gaddafi rallies now

remaimed Martyrs' Square. Here

everything old is new again.

The pre-Gaddafi national

anthem, the pre-Gaddafi flag

adopted by the rebels as symbols of their new national

pride. With the fighting still

going on and Moammar Gaddafi

still on the run there's no

official end to this revolution

but this is about as close to a victory

to get. This is the first time

when I stand in front of the

camera, I can say I am

free. It's the best day of my life. I see Libya

freedom. Libya will need all of

that enthusiasm and good will

to steer it through the difficult months, even years,

that lie ahead. The rebels

call to arms at the start of the Lybian revolution gave

thousands access to guns for the first government wants the freedom

fighters to either be part of a

revamped national army or else give their guns back. The ABC's

Michael Vincent reports

Benghazi. Men in Libya have embraced gun ownership. They

celebrate all night and day.

TRANSLATION: We never had guns before, we weren't allowed. Now everyone wants to with a gun but soon that will

end. We'll ask them to end. We'll ask them to come to

the and drop the guns there

and they will obey I'm sure of that.

TRANSLATION: I'll give my gun back. We only

back. We only took up arms to

defeat Gaddafi. I just want to

return to being a student. Some

Lybian, especially former

Gaddafi loyalists, are are expected to hold on to their weapons out of fear of

reprisals. Authorities are

convinced public pressure will prevail. We force them to do that. For

those people who don't want to

give up their guns the

Government will offer them cash

or threaten them with jail. For

some problems there are

solutions, for others there's no clear answer. There are some

people who simply don't belong

in a war zone. I'm a university

student from LA, I just came

here to see what it's like

being in a revolution first

hand. This is not the sort of foreign help the rebels have

been asking for. There fresh calls for more regular

screening checks for bowel

cancer thanks to new research

into type 2 diabetes. A study

has found that both men has found that both men and

women with type 2 diabetes face an increased risk in all types

of cancer but it also found

that men with the condition are

that men with the condition are particularly susceptible to

bowel cancer. Peter Murphy was

diagnosed with type 2 diabetes but there was more bad news to

come. A couple of years later

he was told he also had bowel

cancer. If I had of known about

the link between diabetes and bowel cancer I most certainly

would have wanted to have been tested. Now a new study by

researchers at the University of Western Australia is raising

some alarm bells. They looked

at 1,300 people with type at 1,300 people with type 2

diabetes and what cancers they

developed. They found patients

with type 2 diabetes were at an increased risk of all cancer

bus in particular men had

double the risk of getting bowel tumours. There were particular concerns, one of them was that colorectal

cancer, bowel cancer cancer, bowel cancer was approaching approaching twice elevated in

the diabetic patients that we followed compared to people in

the general population. Doctors

admit they're not sure why men with type 2 diabetes are

getting more bowel tumours but it could be some of the risk

factors for both conditions

such as obesity are the

same. One of the theories is

that the chronic exposure of

cells to high blood glucose

levels or high glucose levels

creates abnormalities that over

time cause cells to abnormally. Doctors are calling

for men with di-Beatties to be

regularly checked for bowel

cancer, a condition that's

largely treatable if picked up early enough. A new online

blood data base is set to

improve patient care in the

ACT. The digital auditing

system is expected to be installed in all of the

nation's hospitals by June next

year. But better monitoring

can't solve the problem of blood shortages

blood shortages which are

becoming worse here in the ACT

and NSW. It is vital for life and often in short supply.

Australian hospitals place

150,000 blood orders each day.

And close to half are being

delivered and tracked with this

new system. Blood and blood

products are a really precious

resource and we want to drive the maximum efficiency in that level

level of product that hospitals

hold. The ACT is joining

Queensland, South Australia,

Tasmania and the Northern

Territory in adopting this

web-based system. replaces phone and fax ordering

and the counting of thousands

of blood bags. If you're

relying on scribbling down an order to get a particular pheno

type in your product and

through to the blood service

and they have to take it over

the phone or read a fax human error is a challenge. It

happies the peak authority to

prepare and respond more

quickly to ongoing shortages and emergencies. Really

important that it will drive greater efficiencies in greater efficiencies in the management of the inventry. The Red Red Cross collecting 800,000

blood donations each year. A

sudden increase in demand has

left the ACT and NSW with just

2 days' supply of some blood groups. Our colds and flus

there has been a spike in

demand in the hospitals. The

service is seeking an

additional 2,000 blood donors

over the next fortnight

particularly at the O negative

blood type. ACT, NSW there are

a number of extra sessions

going on to help boost the

stock. With the demand for

the next decade the demand for

donors has never been greater.

More than 19 million hectares

of the Kimberley region of WA

have been placed on the

national heritage list. The

Environment Minister Tony

Bourke made the announcement at a remote Aboriginal community

in the north of WA. He says the

listing will protect the West

Kimberley's unique wildlife,

stunning coastlines and ancient

Aboriginal traditions. Mr

Bourke says the decision does

not mean development is banned in the heritage listing is not a lock

up zone of an area, it's an

identification of particular

values and it says that these are values that when someone

wants to change to wants to change to introduce

something new they've got to at

least be taken into account. They

account. They have to be considered. The heritage

listing does not include the

site just north of Broome

earmarked for a controversial

$30 billion gas hub. In South

Africa there have been violent clashes between police and

supporters of the controversial leader of youth wing. Julius Malema has

defied ANC bosses by calling

for the nationalisation of

mines and the redistribution of white-owned land. He's facing a

disciplinary hearing for inciting disunity and for bringing the party into

disrepute. Julius Malema knew

his supporters would come. In

a country with massive

unemployment his

economic empowerment combined

with his own youth and

militancy has a ready

audience. But now South

Africa's popular youth leader is facing expulsion from the

ruling party. I don't even

understand what is the

disciplinary charges are for

because Malema is a straight

talk, Malema put his word on

table, he doesn't beat around

the corner. On the eve of the

party's disciplinary hearing

Julius Malema acknowledged the

odds in this now public battle

were against were against him. This is just

a delay on economic struggle.

Once we get our house back into

order we are soldiering on. On the streets the streets police were struggling to regain control

with running battles raging

throughout the CBD. The

rivalry between the Youth

League leader and Jacob Zuma,

the country's President, is not

lost on Malema's

supporters. This is not the

first has been taken against the

Youth League President but this

time the charges his supporters

know are very serious. For now

Julius Julius Malema is in the

spotlight but it is President

Jacob Zuma's authority which is

on the line. It is a battle of wills between what in this

country we call the young lion,

Julius Malema, and the old fox,

Jacob Zuma. The final verdict

may not be immediate but the first first stone has thrown. A week-long ordeal has

ended for a group of miners

trapped underground in China's north-east. The men emerged in

mining carts clearly the worst

for wear with blindfolds to

protect their eyes against the

daylight. The drama began 8

days ago when a pit was flooded

cutting off the escape route.

Hopes for their survival

strengthened on the weekend

when noises were heard in a

pipe drilled to deliver fresh air. One miner died, 3 others

are still missing. The mine was

shut down 4 years ago but reopened illegally earlier this month. month. In finance the Australian share market

continued to climb for a third

day. It's been a long time

between drinks, the market

hasn't gone up for 3 hasn't gone up for 3 straight

sessions in more than a month.

Here's finance correspondent

Philip Laskar. First a few

words about something more

important than life itself -

house prices. The national measure

In fact prices have fallen for

7 months. As you can see from

this graph showing this annual

growth rate, angruel falls are

not that common with the not that common with the line

dipping below zero for only

short periods in the past 6 or

7 years. Among the weaker

monthly capital city results

Melbourne went backwards at the fastest

fastest rate, Canberra's

proving the most resilient

capital but a common theme in

all cities is that the top end

of the market is experiencing the sharpest falls in prices.

And it all ties in with the

latest borrowing numbers.

People aren't borrowing. All

the lines, housing in red,

business in blue and personal

in yellow, are below average

levels for the past decade with

virtually no growth in business

or personal lending so it's

really only housing and the

annual growth rate of 5.9% is the lowest on record. Apart

from people being spooked by

the debt issues in Europe and

the US, consumer that most people still expect

interest rates to go up. Is it

any wonder they're afraid to

borrow. Still the banks played

a part in today's market

performance which chipped away

at this at this month's fall but it's

been a pretty horrible month

for equities across the board.

Most of the banks and insurers

were stronger today though and

Telstra clawed back some of

yesterday's losses. There were

signs of buying in most sectors

despite weaker copper prices.

Both gold and oil were slightly firmer as dollar which is trading well

above 106 US cents and that's

finance. Australia has made an

unconvincing start to the first Test against Sri Lanka in Gall. Heading towards tea Australia

has lost 4 wickets with Ricky

Ponting making 44. Rain delayed

the start of play by an hour

before Australia handed new caps to NSW paceman Trent

Copeland and South Australian

spinner Nathan Lyon. Michael

Clarke won the toss and chose

to bat taking over from Ricky Ponting.

Shane Watson made 22 before

falling to the first ball falling to the first ball of

spin. Oh, straight away it's

got him. Has he got him first ball? There's a nod and up goes

the finger. Clarke and Ponting

combined for 55 runs before the

new captain departed for 23

after a successful review from

Sri Lanka. Australia's Jelena Dokic and Jarmila Gajdosova

have moved into the second

round of the US Open but it

wasn't all good news for the Australians on day 2. Casey Dellacqua was beaten while

Marinko Matosevic had to

withdraw after rolling his ankle.

ankle. It took just 4 games ankle. It took just 4 games for Marinko Matosevic's tournament

to take a turn for the

worse. That does not look good,

does it ? The Croatian-born

Australian called for treatment

for the golf ball size lump on

his ankle but the 26-year-old

couldn't continue. A relieved

Jarmila Gajdosova broke a place in the second

round. Didn't play well but I

somehow survived and I won and

I have to say it's been a while

so I'm glad to have the first

win under my belt again. Jelena

Dokic showed no ill-effects

from a troublesome shoulder.

She will play Jelena Jankovic. I was wanting to play

a good match and I wanted my

shoulder to hold up. To get a win is fantastic. Serena

Williams didn't waste time in her first US Open appearance in

2 years. She crushed Bojana

Jovanovski 6-1, 6-1 in under an

hour. A new superstar has

emerged in world emerged in world athletics. 18-year-old Kirani James from

Grenada upstaged favourite le

Shaun Merritt in the 800 metres at the at the world championships. There were no surprises in

the 800. Kenyan David ra douche

a collected gold. He's still a

star on the world stage Cahill hasn't ruled out joining

Brett Emerton and Harry Kewell

in the A-League one day. In the

near future, no, later on in life, who knows. Cahill will line up for the Socceroos in

Friday night's opening World Cup qualify against Thailand. Today's the last Thailand. Today's the last day

of winter and it's one many of

us will be glad to see the back

of. There were plenty of

freezing cold night, the

coldest in a decade but perhaps

surprisingly 2011 will go down

in the record books for something

seen the warmest day-time

temperatures the weather bureau

has ever recorded in Canberra.

Anyone who experienced one of

this winter's freezing nights

could be forgiven for thinking

it was the coldest winter on record. A minus 8 degree night

time temperature is cold and

it's the coldest it's been for

a long time here in Canberra.

It's probably indicative of the

clear skies at night time which

has meant rainfall has been

below average as well during

this winter. Canberra had the

coldest average

despite the chilly starts the

ACT also had the warmest

average day-time temperatures

ever recorded wi the bureau. Maximum temperatures have been close to 14 degrees

when we would normally expect

them to be closer to 12

degrees. Pretty warm during the

day. Those freezing nights and

frosty mornings have been

keenly felt by the gardener s

preparing for the Floriade

festival. The cold mornings

have affected some of the

plants which we're doing replants with now but the bulb

s, they love the cold and it's mainly

warm weather for. Those annuals

are getting what they want with longer and increasingly sunny

days. This flar flor yard

gardener s are enjoying being outside. It's not always as

good as today is but it's an

experience that we're never

going to get anywhere

else. 10,000 plants are being

nor chured for what is the

Southern Hemisphere's biggest

floral festival. Almost 500,000

people visited the event in

Commonwealth park last year and figure will be bettered this

year. So bulbs love the

Mark, you must be a bulb. I

must be a bulb but I am sick of

the winter and I'm looking

forward to spring but thanks,

Virginia and good evening.

There was a fairly decent fog

in Belconnen this morning but

it didn't hang around for long.

It was fine and sunny right across Canberra for the last

day of August. The winds were light nor-Norwesterlies and the

top temperature reached 17. The

winds are light, the barometer

is steady on is steady on 1,021 and the temperature is 11 degrees.

Yass is only 60 kilometres

from Canberra but today it

could have been a lot further

as the temperature dropped to

minus 3 and it has some good

gardeners who can dry unusual

plants like this orcard. It's

showy, got a very strong purr

fume but it

well done, Yass. There was

frost also on the south slopes

down around Cooma and in the

mountains. Like here when the frost lifted it was fine and sunny.

There's light cloud forming

over parts of the south-east

but it's patchy. Most of

Australia is clear of cloud that's why it was such a fine,

sunny day. A slow-moving high has extended a ridge over most

of NSW so these conditions will

to the west, there's a frnt and continue for a while. But look

a low moving east wards which

could bring showers here on

Sunday. Around the State

capitals tomorrow:

expect a We here in Canberra can

after patches of light frost

and fog. The winds will be light south-easterlies, so there could

there could be some cloud

about. Sun rise will be at 6:22

and the UV alert period will be

between 10:10 to 2pm.

We can say goodbye to a warm,

dry winter

to a wetter, warmer spring.

Indeed, you've obviously

packed away your long trousers

for winter already. P Thanks,

Mark. Before we go a brief recap of our top stories

tonight. The Government's

people swap deal is in disarray

after the High Court ruled the

plan unlawful. The court's ordered the Immigration

Minister shelve plans to send

asylum seekers to Malaysia. The

Government says it's considering the judgment. And

Libya's rebels have issued an

ument mate yum to pro-Gaddafi

or face a full military assault. The reports the

country's former leader is on

the run in the south of the

country. And that's the news

for now but stay with us for now but stay with us for

'7:30' with Chris Uhlmann. From me for now goodnight. Closed

Captions by CSI

This Program is Captioned

Live Welcome to 7.30, I'm Chris

Uhlmann. Tonight - the funding

row that could lead to the end

of an alarm system for domestic violence victims. The concept

for BSafe in a practical sense

has just been so simple. It

is cost winning, and we still can't

find funding. And a slice of

Cleese, the great English

comedian on the state of his

nation. We have of course the

worst press in the world. You know, instigated by a countryman of yours. countryman of yours. Cleerds cleerds Those stories short sli

first. The High

Government's much heralded Malaysia Solution. By a

majority of six to one, court

found the Immigration Minister