Woman charged with murder in NY subway shove

Last Updated 9:37 p.m. ET

NEW YORK A woman who told police she shoved a man to his death off a subway platform into the path of a train because she has hated Muslims since Sept. 11 and thought he was one was charged Saturday with murder as a hate crime, prosecutors said.

Erika Menendez was charged in the death of Sunando Sen, who was crushed by a 7 train in Queens on Thursday night, the second time this month a commuter has died in such a nightmarish fashion.

Menendez, 31, was awaiting arraignment on the charge Saturday evening, Queens District Attorney Richard A. Brown said. She could face 25 years to life in prison if convicted. She was in custody and couldn't be reached for comment, and it was unclear if she had an attorney.

Menendez, who was arrested after a tip by a passer-by who saw her on a street and thought she looked like the woman in a surveillance video released by police, admitted shoving Sen, who was pushed from behind, authorities said.

In this image provided by the New York City Police Department, a composite sketch showing the woman believed to have pushed a man to his death in front of a subway train on Thursday, Dec. 27, 2012 is shown.

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AP Photo/New York City Police Department

"I pushed a Muslim off the train tracks because I hate Hindus and Muslims ever since 2001 when they put down the twin towers I've been beating them up," Menendez told police, according to the district attorney's office.

Sen was from India, but police said it was unclear if he was Muslim, Hindu or of some other faith. The 46-year-old lived in Queens and ran a printing shop. He was shoved from an elevated platform on the 7 train line, which connects Manhattan and Queens. Witnesses said a muttering woman rose from her seat on a platform bench and pushed him on the tracks as a train entered the station and then ran off.

The two had never met before, authorities said, and witnesses told police they hadn't interacted on the platform.

Police released a sketch and security camera video showing a woman running from the station where Sen was killed.

Menendez was arrested by police earlier Saturday after a passer-by on a Brooklyn street spotted her and called 911. Police responded, confirmed her identity and took her into custody, where she made statements implicating herself in the crime, police spokesman Paul Browne said.

The district attorney said such hateful remarks about Muslims and Hindus could not be tolerated.

"The defendant is accused of committing what is every subway commuter's worst nightmare," he said.

On Dec. 3, another man was pushed to his death in a Times Square subway station. A photo of the man clinging to the edge of the platform a split second before he was struck by a train was published on the front page of the New York Post, causing an uproar about whether the photographer, who was catching a train, or anyone else should have tried to help him.

A homeless man was arrested and charged with murder in that case. He claimed he acted in self-defense and is awaiting trial.

It's unclear whether anyone tried -- or could have tried -- to help Sen on Thursday.

Mayor Michael Bloomberg on Friday urged residents to keep Sen's death in perspective as he touted new historic lows in the city's annual homicide and shooting totals.

"It's a very tragic case, but what we want to focus on today is the overall safety in New York," Bloomberg told reporters following a police academy graduation.

But commuters still expressed concern over subway safety and shock about the arrest of Menendez on a hate crime charge.

"For someone to do something like that ... that's not the way we are made," said David Green, who was waiting for a train in Manhattan. "She needs help."

Green said he caught himself leaning over the subway platform's edge and realized maybe he shouldn't do that.

"It does make you more conscious," he said of the deaths.

Such subway deaths are rare, but other high-profile cases include the 1999 fatal shoving of aspiring screenwriter Kendra Webdale by a former psychiatric patient. That case led to a state law allowing for more supervision of mentally ill people living outside institutions.

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Woman Charged With Murder in NYC Subway Push

A woman who allegedly told New York City police she pushed a man onto the subway tracks because she hated Hindus and Muslims has been charged with murder as a hate crime.

Erica Menendez, 31, allegedly told police that she "pushed a Muslim off the train tracks because I hate Hindus and Muslims ever since 2001 when they put down the twin towers I've been beating them up."

Menendez was taken into custody this morning after a two-day search, and when detectives were interviewing her she allegedly made the statements implicating herself in Thursday night's subway-platform death.

"The defendant is accused of committing what is every subway commuter's worst nightmare -- being suddenly and senselessly pushed into the path of an oncoming train," Queen District Attorney Richard A. Brown said. "The victim was allegedly shoved from behind and had no chance to defend himself. Beyond that, the hateful remarks allegedly made by the defendant and which precipitated the defendant's actions can never be tolerated by a civilized society."

Menendez was due to be arraigned this evening. She could face 25 years to life in prison if convicted of the second degree murder charge.

On Thursday night, a woman shoved a man from a subway platform at Queens Boulevard, and the man was crushed beneath an oncoming train. Police had searched the area for her after the incident.

New York City Subway Pusher Charged With Murder Watch Video

The victim was Sunando Sen, identified by several media outlets as a graphic designer and Indian immigrant who opened a print shop, Amsterdam Copy, on Manhattan's Upper West Side. Sen was struck by the No. 7 train after the unidentified woman allegedly pushed him from the northbound platform at 40th Street and Queens Boulevard at 8:04 p.m. on Thursday.

Witnesses told police they had seen the woman mubling to herself, pacing along the platform. She gave Sen little time to react, witnesses said.

"Witnesses said she was walking back and forth on the platform, talking to herself, before taking a seat alone on a wooden bench near the north end of the platform. When the train pulled into the station, the suspect rose from the bench and pushed the man, who was standing with his back to her, onto the tracks into the path of the train," NYPD Deputy Commissioner Paul J. Browne said earlier today. "The victim appeared not to notice her, according to witnesses."

READ: What to Do If You Fall on the Subway Tracks

Police released brief surveillance video of the woman fleeing the subway station, and described the suspect as a woman in her 20s, "heavy set, approximately 5'5" with brown or blond hair."

It was New York's second death of this kind in less than a month. On Dec. 3, 58-year-old Ki-Suck Han of Queens was shoved onto the tracks at New York's Times Square subway station. Two days later, police took 30-year-old Naeem Davis into custody.

On Friday, New York City Mayor Michael Bloomberg was asked whether the attack might be related to the increase of mentally ill people on the streets following closures of institutions over the past four decades.

"The courts or the law have changed and said, no, you can't do that unless they're a danger to society. Our laws protect you," Bloomberg said on his weekly radio show.

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Body of India rape victim arrives home in New Delhi

NEW DELHI (Reuters) - The body of a woman whose gang rape provoked protests and rare national debate about violence against women in India arrived back in New Delhi early on Sunday and was quickly cremated at a private ceremony.

The unidentified 23-year-old medical student died from her injuries on Saturday, prompting promises of action from a government that has struggled to respond to public outrage.

She had suffered brain injuries and massive internal injuries in the attack on December 16, and died in hospital in Singapore where she had been taken for treatment.

She and a male friend had been returning home from the cinema, media reports say, when six men on a bus beat them with metal rods and repeatedly raped the woman. The friend survived.

Six suspects were charged with murder after her death.

A Reuters correspondent saw family members who had been with her in Singapore take her body from the airport to their Delhi home in an ambulance with a police escort.

Ruling party leader Sonia Gandhi was seen arriving at the airport when the plane landed and Prime Minister Mannmohan Singh's convoy was also there, the witness said.

The body was then taken to a crematorium and cremated. Media were kept away but a Reuters witness saw the woman's family, New Delhi's chief minister, Sheila Dikshit, and the junior home minister, R P N Singh, coming out of the crematorium.

Security in the capital remained tight after authorities, worried about the reaction to the news of her death, had on Saturday deployed thousands of policemen and closed some roads and metro stations.

Protesters still gathered, in New Delhi and other cities, to keep the pressure on Singh's government to get tougher on crime against women. Last weekend, protesters fought pitched battles with police.

On Sunday, lines of policemen in riot gear and armed with heavy wooden sticks stood in front of metal barricades closing off roads in New Delhi. Morning traffic was light.

DOUBTS

The outcry over the attack caught the government off-guard. It took a week for Singh to make a statement, infuriating many protesters.

Issues such as rape, dowry-related deaths and female infanticide rarely enter mainstream political discourse in India.

Analysts say the death of the woman dubbed "Amanat", an Urdu word meaning "treasure", by some Indian media could change that, although it is too early to say whether the protesters calling for government action to better safeguard women can sustain their momentum through to national elections due in 2014.

Newspapers raised doubts about the commitment of both male politicians and the police to protecting women.

"Would the Indian political system and class have been so indifferent to the problem of sexual violence if half or even one-third of all legislators were women?" the Hindu newspaper asked.

The Indian Express acknowledged the police force was understaffed and poorly paid, but there was more to it than that.

"It is geared towards dominating citizens rather than working for them, not to mention being open to influential interests," the newspaper said. "It reflects the misogyny around us, rather than actively fighting for the rights of citizens who happen to be female."

Most sex crimes in India go unreported, many offenders go unpunished, and the wheels of justice turn slowly, according to social activists, who say that successive governments have done little to ensure the safety of women.

Commentators and sociologists say the rape has tapped into a deep well of frustration many Indians feel over what they see as weak governance and poor leadership on social issues.

New Delhi has the highest number of sex crimes among India's major cities, with a rape reported on average every 18 hours, according to police figures. Government data show the number of reported rape cases in India rose by nearly 17 percent between 2007 and 2011.

For a link to the poll, click http://www.trust.org/trustlaw/news/special-coverage/g20women/

(Additional reporting by Ross Colvin and Diksha Madhok; Writing by Louise Ireland; Editing by Kevin Liffey and Robert Birsel)

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Philippines seeks unity after birth control law signed

MANILA: President Benigno Aquino's government called for reconciliation on Saturday after a "divisive" birth control act was signed into law despite bitter opposition from the influential Catholic church.

Making sex education and contraceptives more widely available to the poor, the landmark legislation takes effect in mid-January, Aquino's spokeswoman Abigail Valte said.

"The passage into law of the Responsible Parenthood Act closes a highly divisive chapter of our history -- a chapter borne of the convictions of those who argued for, or against this Act," Valte said in a statement.

"At the same time, it opens the possibility of cooperation and reconciliation... engagement and dialogue characterised not by animosity, but by our collective desire to better the welfare of the Filipino people."

Both chambers of parliament passed the final version of the act on December 19 after an acrimonious debate pitting non-government organisations and women's groups against the country's dominant church and its lay organisations.

Aquino, who was once threatened with excommunication by church leaders for pushing the bill, signed the act two days later and said it gives couples the tools and information needed to plan the size of their families.

Proponents say it will help moderate the nation's rapid population growth, reduce poverty and bring down its high maternal mortality rate.

Church leaders in the Catholic-majority nation have vowed that the fight is not over.

Groups allied with the church are expected to challenge the law in the Supreme Court, while the church itself plans to ask its flock to oust the supporters of the birth control law in next year's general election.

The Philippines has one of Asia's highest birth rates, with the United Nations estimating that half of the country's 3.4 million pregnancies each year are unplanned.

The government's Commission on Women said that maternal mortality also remains high, with 162 deaths for every 100,000 live births, while 10 women die every day from pregnancy or childbirth-related complications.

- AFP/ck

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New iOS app shows NY subway arrival times

Now arriving...

(Credit:
New York MTA)

New York City's Metropolitan Transportation Authority finally joined the smartphone era today by releasing an iOS app showing train arrival times for seven subway lines.

Available for the iPhone, the
iPod Touch, and the
iPad, MTA Subway Time will display train arrival times for 156 stations on the 1, 2, 3, 4, 5, 6 lines and the S shuttle line. Though officially in a test version for the time being, the app will use the same arrival times shown on station countdown clocks and on the MTA's Web site.

"The ability to get subway arrival time at street level is here," said MTA Chairman and CEO Joseph J. Lhota in a statement. "The days of rushing to a subway station only to find yourself waiting motionless in a state of uncertainty are coming to an end."

According to the statement, the app can handle up to 5,000 incoming requests per second. The information comes from a feed that can be accessed by developers for other mobile operating systems.

Though the MTA has existing apps for bus arrivals and the drive times on its bridges and tunnels, this is the first time that the country's busiest transit agency has developed an app for subway service.

Via AllThings D

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Police ID man pushed to death at NY subway station

Updated 10:27 PM ET

NEW YORK New York City police have identified a man they say was shoved to his death in front of a subway train by a woman.

Police said Friday that Sunando Sen was pushed from the platform the night before. The 46-year-old Sen was from India and lived alone in Queens.

Investigators identified him through a smartphone and a prescription pill bottle he was carrying when he was struck by a 7 train. His family in India has been notified.

Police are searching homeless shelters and psychiatric units for the woman believed to have pushed him. Witnesses say she was mumbling before she shoved him without warning.

As police sought on Friday to locate the unidentified woman, Mayor Michael Bloomberg urged residents to keep the second fatal subway shove in the city this month in perspective. The news of the horrific death of Sen came as the mayor touted drops in the city's annual homicide and shooting totals.

"It's a very tragic case, but what we want to focus on today is the overall safety in New York," Bloomberg told reporters following a police academy graduation.

The incident happened around 8 p.m. Thursday on the elevated tracks at the 40th Street Station on Queens Boulevard in Sunnyside, CBS Station WCBS reports.

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Search on for suspect in 2nd subway push death

Police said witnesses saw the woman pacing and mumbling on the platform before taking a seat alone on a wooden bench. Then, as the train approached the station, witnesses said she suddenly shot forward, shoving the unsuspecting man onto the tracks, directly into the path of an oncoming Number 7 train.

The New York Police Department released surveillance video of the suspect running away from the scene. Police said the woman raced down two flights of stairs after the attack and then disappeared onto the crowded street.

Detectives described her as a heavyset Hispanic woman in her 20s, approximately 5-foot-5, with blonde or brown hair. She was last seen wearing a blue, white and grey ski jacket and grey and red Nike sneakers.

The medical examiner said Friday that an autopsy found that Sen died from head trauma.

Commuters on Friday expressed concern over subway safety.

"It's just a really sad commentary on the world and on human beings, period," said Howard Roth, who takes the subway daily.

He said the deadly push reminded him, "the best thing is what they tell you — don't stand near the edge, and keep your eyes open."

The incident marked the second deadly subway push this month. On December 3, police said 58-year-old Ki Suck Han was pushed to his death by 30-year-old Naeem Davis. The two were seen on cell phone video arguing just moments before Han was pushed to his death.

In the most recent incident, witnesses said the victim never encountered his attacker and never saw what was coming.

Anyone with information is asked to call the NYPD's Crime Stoppers Hotline at (800) 577-TIPS. The public can also submit their tips by logging onto Crime Stoppers or texting tips to 274637(CRIMES) then enter TIP577.

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Epic Journey: Did Moses' Exodus Really Happen?

In the Bible, he is called Moses. In the Koran, he is the prophet Musa.

Religious scholars have long questioned whether of the story of a prophet leading God's chosen people in a great exodus out of Egypt and the freedom it brought them afterwards was real, but the similarities between a pharaoh's ancient hymn and a psalm of David might hold the link to his existence.

Tune in to Part 2 of Christiane Amanpour's ABC News special, "Back to the Beginning," which explores the history of the Bible from Genesis to Jesus, on Friday, Dec. 28 at 9 p.m. ET on ABC.

Christian scripture says Moses was content to grow old with his family in the vast deserted wilderness of Midian, and 40 years passed until the Bible says God spoke to him through the Burning Bush and told him to lead his people, the Israelites, out of Egypt. According to tradition, that miraculous bush can still be seen today enclosed within the ancient walls of St. Catherine's Monastery, located not far from Moses' hometown.

But there was another figure in the ancient world who gave up everything to answer the call from what he believed was the one and only true God.

Archaeologists discovered the remains of the ancient city of Amarna in the 1800s. Egyptologist Rawya Ismail, who has been studying the ruins for years, believes, as other archaeologists do, that Pharaoh Akhenaten built the city as a tribute to Aten, the sun.

G.Sioen/De Agostini/Getty Images

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She said it was a bold and unusual step for the pharaoh to leave the luxurious trappings of palace life in Luxor for the inhospitable landscape of Amarna, but it might have been his only choice as the priests from the existing religious establishment gained power.

"The very powerful Amun-Ra priests that he couldn't stand against gained control of the whole country," Ismail said. "The idea was to find a place that had never been used by any other gods -- to be virgin is what he called it -- so he chose this place."

All over the walls inside the city's beautiful tombs are examples of Akhanaten's radical message of monotheism. There is the Hymn to the Aten, which translates, in part, to: "The earth comes into being by your hand, as you made it. When you dawn, they live. When you set, they die. You yourself are lifetime, one lives by you."

PHOTOS: Christiane Amanpour's Journey 'Back to the Beginning'

Some attribute the writing of the hymn to Akhanaten himself, but it bears a striking resemblance to a passage that can be found in the Hebrew Bible: Psalm 104.

"If you compare the hymns from A to Z, you'll find mirror images to it in many of the holy books," Ismail said. "And if you compare certain parts of it, you'll find it almost exactly -- a typical translation for some of the [psalms] of David."

Psalm 104, written a few hundred years later, references a Lord that ruled over Israel and a passage compares him to the sun.

"You hide your face, they are troubled," part of it reads. "You take away your breath, they die, And return to dust. You send forth your breath, they are created, And you renew the face of the earth."

Like the psalm, the Hymn to Aten extols the virtues of the one true God.

"A lot of people think that [the Hymn to Aten] was the source of the [psalms] of David," Ismail said. "Putting Egypt on the trade route, a lot of people traveled from Egypt and came back to Egypt, it wasn't like a country living in isolation."

Ismail believes it is possible that the message from the heretic pharaoh has some connection to the story of Moses and the Exodus, as outlined in the Hebrew Bible.

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Indian gang rape victim dies; New Delhi braces for protests

NEW DELHI/SINGAPORE (Reuters) - An Indian woman whose gang rape in New Delhi triggered violent protests died of her injuries on Saturday in a Singapore hospital, bringing a security lockdown in Delhi and recognition from India's prime minister that social change is needed.

Bracing for a new wave of protests, Indian authorities closed 10 metro stations and banned vehicles from some main roads in the heart of New Delhi, where demonstrators have converged since the attack to demand improved women's rights. About 100 people staged a peaceful protest on Saturday morning.

The 23-year-old medical student, severely beaten, raped and thrown out of a moving bus in New Delhi two weeks ago, had been flown to Singapore in a critical condition by the Indian government on Thursday for specialist treatment.

The attack has sparked an intense national debate for the first time about the treatment of women and attitudes towards sex crimes in a country where most rapes go unreported, many offenders go unpunished, and the wheels of justice turn slowly, according to social activists.

"We are very sad to report that the patient passed away peacefully at 4:45 a.m. on Dec 29, 2012 (2045 GMT Friday). Her family and officials from the High Commission (embassy) of India were by her side," Mount Elizabeth Hospital Chief Executive Officer Kelvin Loh said in a statement.

Indian Prime Minister Manmohan Singh said he was deeply saddened by the death and described the emotions associated with her case as "perfectly understandable reactions from a young India and an India that genuinely desires change.

"It would be a true homage to her memory if we are able to channelize these emotions and energies into a constructive course of action," Singh said in a statement.

Delhi's chief minister, Sheila Dikshit, said the woman's death was a "shameful moment for me not just as a chief minister but also as a citizen of this country".

The woman, who has not been identified, and a male friend were returning home from the cinema by bus on the evening of December 16 when, media reports say, six men on the bus beat them with metal rods and repeatedly raped the woman. media said a rod was used in the rape, causing internal injuries. Both were thrown from the bus. The male friend survived the attack.

The public outcry over the attack has caught the government off-guard. It took a week for Singh to make a public statement on the attack, infuriating many protesters who saw it as a sign of a government insensitive to the plight of women.

The prime minister, a stiff 80-year-old technocrat who speaks in a low monotone, has struggled to channel the popular outrage in his public statements and convince critics that his eight-year-old government would now take concrete steps to improve the safety of women.

Protesters, mostly young middle class students, fought pitched battles with police around the capital last weekend. Police used batons, water cannon and teargas to quell the protests, and sealed off the main protest sites.

BODY TO BE RETURNED HOME

T.C.A. Raghavan, the Indian high commissioner to Singapore, told reporters hours after the woman's death that a chartered aircraft would fly her body back to India on Saturday, along with members of her family. The woman's body had earlier been put into a van at the hospital and driven away.

Indian media had also accused the government of sending her to Singapore to minimize any backlash in the event of her death but Raghavan said it had been a medical decision intended to ensure she got the best treatment.

"She was unconscious throughout," Raghavan said of her time in Singapore. "She died because of the severe nature of the injuries."

Some Indian medical experts had questioned the decision to fly the woman to Singapore, calling it a risky maneuver given the severity of her injuries. They had said she was already receiving the best possible care in India.

On Friday, the Singapore hospital had said the woman's condition had taken a turn for the worse and she had suffered "significant brain injury". She had already undergone three abdominal operations before arriving in Singapore.

The suspects in the rape - five men aged between 20 and 40, and a juvenile - were arrested within hours of the attack and are in custody. Media reports say they are likely to be formally charged with murder next week.

Many Indians have called for the death penalty for those responsible.

Home Minister Sushilkumar Shinde told Times Now television on Saturday the government was committed to ensuring "the severest possible punishment to all the accused at the earliest".

"It will not go in vain. We will give maximum punishment to the culprits. Not only to this, but in future also. This one incident has given a greater lesson" Shinde said.

He said earlier the government was considering the death penalty for rape in very rare cases. Murder carries the death penalty.

The case has received blanket coverage on cable television news channels. Some Indian media have called the woman "Amanat", an Urdu word meaning "treasure".

Commentators and sociologists say the rape tapped into a deep well of frustration many Indians feel over what they see as weak governance and poor leadership.

Many protesters have complained that Singh's government has done little to curb the abuse of women in the country of 1.2 billion. A global poll by the Thomson Reuters Foundation in June found that India was the worst place to be a woman because of high rates of infanticide, child marriage and slavery.

New Delhi has the highest number of sex crimes among India's major cities, with a rape reported on average every 18 hours, according to police figures. Government data show the number of reported rape cases in the country rose by nearly 17 percent between 2007 and 2011.

(Additional reporting by Ross Colvin and Diksha Madhok in New Delhi; Kevin Lim, Saeed Azhar, Edgar Su and Sanjeev Miglani in Singapore; Editing by Ron Popeski, Mark Bendeich and Robert Birsel)

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Yachting: Wild Oats XI wins Sydney to Hobart race in record time

HOBART, Australia: Supermaxi Wild Oats XI smashed its own record time by nearly 17 minutes in Australia's Sydney to Hobart ocean yacht race, taking line honours on Friday ahead of Ragamuffin-Loyal.

Thousands of onlookers cheered at Hobart's Constitution Dock as the favourite came home in one day, 18 hours, 23 minutes and 12 seconds for its sixth victory over the prestigious 628 nautical mile bluewater classic.

Wild Oats XI also won every year from 2005 to 2008 and in 2010.

"It was close, we only just made it but it's a great result for the whole team," skipper Mark Richards said after crossing the finish line.

"This boat is a great machine and we're very proud of it. Getting the record is a big thing and it's very satisfying."

Ragamuffin-Loyal, which beat Wild Oats by just three minutes last year and is skippered by 85-year-old Syd Fischer, finished four-and-a-half hours later with gear damage hampering a bid for back-to-back wins.

"A lot of things just went wrong," said Fischer. "But it's a good boat, well built, strong and it goes fast. We'll make modifications for next year."

Lahana was running third in a tight battle with Black Jack, ahead of Loki in fifth. Jazz leads the handicap standings, which takes into account the dimensions of each boat in the fleet, ahead of Calm and Secret Men's Business.

The previous record was one day, 18 hours, 40 minutes and 10 seconds, set in 2005, and Richards had his 100-foot yacht well ahead of that pace late Thursday as they powered down Tasmania's east coast.

But a northeasterly tailwind gave way to a weaker westerly that dramatically slowed progress.

Wild Oats' crew had all but given up on breaking the record after rounding Tasman Island in the middle of the night and it was touch and go as they sailed up Hobart's Derwent River.

But the unfurling of a bigger headsail ultimately made the difference to tack home surrounded by a flotilla of smaller vessels.

"It was a very tricky night, the breeze died on us. It was very testing and we had to make a lot of sail changes, but it's all part of the Sydney-Hobart," said Richards.

"The crew have been together a long time and when the going gets tough they just get tougher."

Wild Oats XI led the 76-vessel fleet from the starting gun in Sydney Harbour on Wednesday in a famously unforgiving race that takes crews across the notorious Bass Strait.

As well as dealing with the tough conditions, the boat hit an unknown object that damaged a daggerboard beneath the hull.

Catastrophic conditions claimed six lives and sank five yachts in 1998, and vessels are routinely unable to complete the race.

However, there have so far only been two retirements this year - Living Doll and Primitive Cool.

The 2013 event was marred by the controversial expulsion of supermaxi Wild Thing, the 2003 line honours winner, which was among the top three favourites.

Officials banned it just hours before the start, citing incomplete documentation of major modifications that extended the vessel to 100 feet. Skipper Grant Wharington continued to protest Friday.

He claimed the man who banned his yacht, race director Tim Cox, did not know enough about boat-building and had "egg on his face".

Cox rejected the criticism and told Wharington to "lay off the personal insults", according to Sydney's Daily Telegraph.

- AFP/de

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Autonomy founder fires back at HP after news of DOJ inquiry

Autonomy founder Mike Lynch

(Credit:
HP)

Autonomy founder and former CEO Mike Lynch is firing back at Hewlett-Packard after the release of HP's annual report with the U.S. Securities and Exchange Commission today. The report states that the federal government opened an inquiry into HP's acquisition of Autonomy in November and hints that Autonomy's accounting is partially to blame.

"It is extremely disappointing that HP has again failed to provide a detailed calculation of its $5 billion write-down of Autonomy, or publish any explanation of the serious allegations it has made against the former management team, in its annual report filing today," Lynch said in an e-mailed statement. "Furthermore, it is now less clear how much of the $5 billion write-down is in fact being attributed to the alleged accounting issues, and how much to other changes in business performance and earnings projections."

HP acquired the enterprise software company in August 2011 for $11.1 billion, or 11 times its annual earnings. Since the purchase, controversy, lawsuits, and an $8.8 billion charge against HP's earnings have ensued.

HP and Lynch have traded arguments in the press over who deserves the blame for Autonomy's subpar performance. In its fourth-quarter earnings release last month, HP said it had discovered "extensive evidence" of fraudulent accounting and failed disclosures on Autonomy's part leading up to the sale. Consequently, Lynch set up a Web site that denies HP's charges and says HP mishandled the company after acquiring it.

"We also do not understand why HP is raising these issues now given that Autonomy reported into the HP Finance team from the day the acquisition completed in October 2011, there was an extensive due diligence process and Autonomy was audited as a public company for many years," Lynch said today. "We also note the statement in HP's annual report that it received confirmation from the U.S. Department of Justice on 21 November 2012 (the day after HP's first public statement), that the Department had opened an investigation. We can confirm that we have as yet had no contact from any regulatory authority. We will co-operate with any investigation and look forward to the opportunity to explain our position."

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