Well have the latest on the first of three days of hearings at the Supreme Court. Also on the programme. At the lib dems conference, the new party leaderjo swinson pledges to stop brexit immediately if she was in government. Today, i am standing here as your candidate for Prime Minister. 30 years after a tragedy in ben stokes family, he accuses the Sun Newspaper of being immoral in its latest coverage. We have the latest on the israeli general election, the second in five months, as Benjamin Netanyahu seeks to form a new government. And after 5a hours, sarah thomas becomes the first person to swim non stop across the English Channel four times. And coming up on sportsday on bbc news wales assistant coach rob howley is sent home nine days before their opening world cup match, for a breach of betting rules. Good evening. We start with the landmark case being heard at the Supreme Court, as the constitutional conflict provoked by the brexit crisis reaches the highest court in the uk. 11 Supreme Courtjudges have started hearing two appeals to determine whether the Prime Minister acted lawfully when he suspended parliament for five weeks. That decision was described by one barrister today as an abuse of power. But those arguing for the Prime Minister, said he was acting in a political capacity, which has nothing to do with the law, as our home editor mark easton reports. But the country voted, didnt they, to leave . Where does power lie in this troubled land . How can you be so stupid . You tell us lie, after lie, after lie with the brexit rift in noisy evidence outside the Uks Supreme Court today. Court will rise. Inside, the 11 most seniorjudges in the land sat in courtroom number one to consider that question, and make it clear they were not there to judge the merits of brexit. The determination of this legal issue will not determine when and how the United Kingdom leaves the european union. A month after becoming pm, was borisjohnsons request to the queen that parliament be suspended for five weeks a ruse to silence mps opposed to a no deal brexit . Scottish judges did think it stymied the house of commons, ruling it unlawful. The high court of england and wales disagreed, arguing it was a matter for politicians, not judges. Representing the remain campaigner gina miller against the government, lord pannick told the justices borisjohnson had acted unlawfully. No Prime Minister has abused his powers, in the manner in which we allege, in at least the last 50 years. Without a written constitution, the relationship between the three pillars of uk governance is always evolving. Youve got parliamentary power, of course, based over there. Then youve got the governments power, focused on 10 downing street, behind the walls of whitehall. And then you have the power of the courts, ultimately resting here, at the Supreme Court. And what were seeing this week is that balance of power being tested. The geography of westminster reveals the triangle of power at the heart of the state. Today, lord pannick focused on the relationship between mps in parliament and the government, headed by the pm in downing street, describing ministers as the junior partner. He also argued the courts were entitled to rule on the legality of number 10s suspending, or proroguing, parliament. The Prime Ministers motive was to silence parliament for that period, because he sees parliament as an obstacle. Lord pannick quoted from this bbc interview, to suggest borisjohnsons real purpose was not a queens speech but achieving brexit by halloween. The best way to do that is if our friends and partners over the channel dont think that brexit can be somehow blocked by parliament. This afternoon, mrjohnsons lawyer in court had his turn to make the arguments. The Prime Minister will take all necessary steps to comply with any declaration made by the court. Hed come with an undertaking from borisjohnson but he also referred to westminsters balance of power, suggesting the Supreme Court would be meddling in what were political matters if it ruled against the government. One judge wanted to know, if they did, might the Prime Minister seek to suspend parliament a second time . We take it, then, he wouldnt apply to have Parliament Prorogued again . Im not in a position to comment on that proposition at all, my lord. It would be helpful to have the undertaking given in writing. Lam i am content for that to be done, my lord. Judges like to have things written down, especially when feelings are running high and theyre attempting to unpick the complex relationship between legitimate power and political ambition. Mark easton, bbc news, the Supreme Court. The liberal democrats new leader jo swinson has told her Party Conference in bournemouth that there is no limit to her ambition for the party. She told activists that if they won an outright majority at the next general election, she would, as Prime Minister, take steps to stop brexit on day one. Our chief Political Correspondent vicki young reports from bournemouth. On the march the liberal democrats have a new young leader, what they hope is a distinctive anti brexit message and a clutch of mps whove joined up from other parties. Jo swinsons taking a relaxed approach to her first conference as leader, but will she take the party in the right direction . Cheering and applause. Theres certainly plenty of ambition. Today, i am standing here as your candidate for Prime Minister. Applause. This is a party passionate about staying in the eu. Its campaigned for a second referendum for years but today, there was no mention of that. We must stop brexit. Applause. And we are Crystal Clear a liberal democrat majority government will revoke article 50 on day one. There was obvious emotion as she spoke about her father, who died last year. He encouraged me to believe that we can change things for the better. He encouraged me to challenge the way things are. On policy, she promised a well being budget, where all government policy is measured by its impact on quality of life, an Investment Bank for green projects and protected spending on mental health. As for her political opponents, she didnt think much of borisjohnsons use of language. Big girls blouse. Girly swot. If he thinks being a woman is somehow in weakness, hes about to find out it is not cheering and applause. As for the others. Nigel farage might be brexit by name, but it is very clear thatjeremy corbyn is brexit by nature. Applause. And shes hoping other remain voters will agree with that. Jo swinson wants voters to see the liberal democrats as the strongest anti brexit party. She thinks politics is so volatile, theres no reason why she cant be Prime Minister. Here, they love the ambitious talk but to many, itll sound like an unrealistic message. So, in the places the lib dems want to win back at an election, is their strategy hitting the right note . Its a little bit funny, this feeling inside. Mid dorset is conservative and voted leave. Among these choir members in wimborne, brexits as divisive as everywhere else. Remain voter, leah, needs to be persuaded. Im in two minds about the lib dems and what they actually want. I mean, i know they tend to say things just for the votes, and, actually, not necessarily follow through on it. Husband steve backed brexit. I feel that, you know, we should leave because thats what we decided in the referendum, and we shouldnt revoke article 50. Across the road, businesswoman linda is likely to abandon the conservatives because of brexit. I feel the only party that really does have a very clear picture is the liberal democrats and i believe that, as things stand today, thats what i would be doing voting liberal democrat. If an election comes soon, brexit will dominate and success for the lib dems will depend on Traditional Party allegiances shifting. Vicki young, bbc news, dorset. The england cricketer ben stokes has described a front page article in the Sun Newspaper about a family tragedy which happened 31 years ago as immoral and the lowest form ofjournalism. In a statement, he said the papers decision to publish the story would have grave and lifelong consequences for his mother in particular. The sun has told the bbc that the events it describes were a matter of Public Record. Our Sports Editor dan roan has more details. From world cup winner to ashes hero, this has been a season to savour for ben stokes, but just two days after the final test of the summer, english crickets biggest starfinds himself embroiled in a bitter row with the Sun Newspaper, over what he condemned as an immoral and heartless article about a family tragedy more than 30 years ago the details of which the bbc has chosen not to repeat. In a statement today, stokes said, its hard to find words adequately describe such low and despicable behaviour, disguised as journalism. To use my name as an excuse to shatter the privacy and private lives of in particular my parents is utterly disgusting. The decision to publish these details has grave and lifelong consequences for my mum in particular. This is the lowest form ofjournalism. Ben stokes heroics here at headingley this summer, where he produced one of the greatest innings ever seen to win the third ashes test, elevated him to the status of national hero. With that, of course, comes interest into every aspect of his life, but he clearly feels that this story has gone way beyond whats acceptable. In a statement, the sun said, it had the utmost sympathy for ben stokes and his mother, but the story was told with the cooperation of a family member. It added, the tragedy is also a matter of Public Record and was the subject of extensive front page publicity in new zealand at the time. Often what happens is that an individual, they become high profile or become a celebrity. It becomes almost Carte Blanche that everything about them, their private life, their family, their old friends, anything from their history, almost becomes fair game and many would argue thats not fair and that the family and friends of that individual have a reasonable expectation to keep that information private. Today, stokes received support from the ecb, his employers adding they were disgusted, appalled and saddened by the story. Thanks to his performances with both bat and ball, the all rounders become one of the most famous faces in british sport. Now hes taken a stand off the field too. Dan roan, bbc news, headingley. The result of israels second general election in five months is too close to call, according to exit polls published tonight, with neither of the two main parties able to form a majority government. The Prime Minister Benjamin Netanyahu is fighting to hold on to power, and throughout the campaign, hes made ever more strident appeals to right wing nationalists. Last week, he pledged to annex part of the occupied west bank, a move the United Nations has said would destroy the chance of new peace talks between israelis and palestinians. From tel aviv, our middle east editor, jeremy bowen, reports. Israeli tv exit polls showed no decisive victory for any side. The votes will be counted through the night, but it could take weeks of coalition horsetrading before the next government and Prime Minister emerge. The election has been a referendum on Benjamin Netanyahus last ten years in office. He is israels longest serving Prime Minister. His main rival is retired general benny gantz, from the blue and white party. Some of his supporters fear he was politically naive not to press harder on corruption charges faced by mr netanyahu, which the Prime Minister denies. In Opposition Strongholds in tel aviv, queues of voters were waiting and hoping to end mr neta nyahus political career. Whats wrong with netanyahu . Everything . Whats not wrong with him . Hes corrupted, he hates everyone, he rules in fear, hes too much right wing. But mr netanyahu has a reliable support from ultra religious israelis, who have their own political parties. Just before the vote, they rallied in jerusalem. In exchange for privileges for their community, theyve supported mr neta nyahus premierships. Why am i going to vote . Because that is what my rabbi tells me to do. Who would you like as the next Prime Minister . I guess netanyahu, thats what the rabbis say. The power of the ultra religious has become one of israels most divisive issues. Mr netanyahu was, as usual, a formidable campaigner, even starring in his own commercials. In this one, he puts hikers back on the right track, while losers follow untrustworthy guides named after his opponents. Israelis have been offered more personal insults than policy debates. Mr netanyahus message was that hes the only one, with his powerful friends, to protect israelis from iran and the palestinians. In a close race, he upped the ante by promising to annex the occupied jordan valley, around a third of the land palestinians want for a state. It was an extravagant gambit to keep the votes of the israeli right. In the valley, its harvest time for date farmers palestinians and israelis who have settled here since it was captured in the 1967 war. This palestinian farmer says he wasnt scared by the Prime Ministers promise of annexation. Translation where is the piece that hes talking about . Netanyahu, he wa nts to ta ke hes talking about . Netanyahu, he wants to take our land, and we live from it. Annexation will be off the agenda if mr netanyahu cant form a government after all the votes are counted. On walkabout in tel aviv, this could be the politician the pro minister feels most once the Coalition Negotiations start. Polls suggest his party has made significant gains. This man, lieberman, may become the kingmaker after the election. His party might control the balance of power when it comes to forming the next governing coalition. One important factor, though, he used to be a major ally of the Prime Minister, Benjamin Netanyahu, and of the Prime Minister, Benjamin Neta nyahu, and now of the Prime Minister, Benjamin Netanyahu, and now they are opponents, even enemies. After the exit polls, mr liebermans supporters were the only ones who we re supporters were the only ones who were celebrating. If the results back that up, and polls are not a lwa ys back that up, and polls are not always accurate hernando the netanyahu always accurate hernando the neta nyahu era always accurate hernando the netanyahu era in israeli politics is ending. Well, i am at the headquarters of the likud party, mr netanyahus headquarters of the likud party, mr neta nyahus party, and headquarters of the likud party, mr netanyahus party, and it is all geared up for a celebration, but its not happening. He is not here and now there are many of his supporters, a sign i think of the mood in israel tonight, that things could, if the polls are correct, be changing. And there is another thing i think as well which will be giving mr netanyahu a long and difficult night, and that is that he is in court for those corruption charges at the beginning of october, and that could come at a very difficult time for the formation of the next government. So, iwonder time for the formation of the next government. So, i wonder how much sleep he is getting at the moment. Jeremy bowen there for us with the latest in tel aviv, our middle east editor. Lets take a look at some of todays other news. The trial of four people accused of murdering the teenager Jodie Chesney has begun. The 17 year old was fatally stabbed in an east london park in march, while listening to music with friends. Two men aged 20 and 19 and two youths aged 16 and 17 all deny the charge against them. Police investigating the murder of pc Andrew Harper last month have made a new arrest, and re arrested three teenagers. He had married his wife lissiejust four weeks before he was killed in berkshire while responding to reports of a burglary. A fifth man has already been charged. The assistant coach of the welsh rugby team, rob howley, seen here on the right, has been sent home from the Rugby World Cup injapan for an alleged breach of betting and Anti Corruption rules. The Welsh Rugby Union says hes returned to wales to assist with an investigation and has been replaced by the former fly half stephen jones. Wales opening game is against georgia in six days time. Two suicide bomb attacks in afghanistan have claimed the lives of some 50 people. The taliban said they were responsible for both attacks. The group has continued an intensive Bombing Campaign while at the same time taking part in talks with the united states. The us President Donald Trump described the negotiations with the taliban as dead earlier this month, but the taliban have told the bbc that they are still willing to talk. Our chief International Correspondent lyse doucet is in kabul. And there has been lots of talk about these negotiations, but are you sensing that the violence is simply getting worse . It definitely is, there are attacks everyday now, and both the taliban and the Afghan Government, backed by us led forces, say they are fighting harder than ever. And that is a consequence of president trumps decision, in his mercurial fashion, president trumps decision, in his mercurialfashion, to president trumps decision, in his mercurial fashion, to abruptly cancel the talks. But the taliban say they still want to talk. Their chief negotiator told me, our door is open. And in a rare interview, he said that the american president should ignore people who called lobbyists who were against peace. In other words, the sceptics who doubt that the taliban really do want to end this war. And i have to say, you hear the same thing from afghans, who wonder why they should trust promises of peace when they are not sure they are even going to live to the end of the day because of the indiscriminate violence, and it is not just indiscriminate violence, and it is notjust taliban. Indiscriminate violence, and it is not just taliban. They are also fearing the indiscriminate fire of afg ha n fearing the indiscriminate fire of Afghan Government forces, raids gone wrong, it is a sad truism that civilians always pay the price in any war, but it is particularly terrible if your war is now regarded as the worlds deadliest conflict. Many thanks again, lyse doucet, our chief International Correspondent. Sarah thomas, a cancer survivor from colorado, has become the first person to swim across the English Channel four times non stop. She began the challenge in the early hours of sunday morning and finished after more than 5a hours. The swim was due to be about 80 miles, but because of strong tides, sarah ended up swimming closer to 130 miles, as our correspondent robert hall reports. Exhausted but triumphant. As the first rays of the sun lit the shoreline ahead, sarah thomas reached out towards the end of herjourney. Here she comes. The friends whod willed her to succeed during moments when her spirits ebbed, were there on the pebbles to greet her. Well done, sarah what youve done is incredible. I was throwing up, i was sick. You said, you got this. My husband said, keep going this story of determination and stamina began in the early hours of sunday morning. Sarah thomas says she used swimming to cope with her cancer treatment. She dedicated this challenge to those whove survived the disease. 5a hours and ten minutes, crossing the worlds busiest shipping lanes. Ive been through chemo and radiation and a mastectomy and i didnt know if i was going to make it to this point. The swim was already kind of scheduled on my calendar and i told my doctors and myself that i was going to do this, no matter what. Ijust go to a really quiet place in my head. When i was struggling through the second night, ijust kept repeating just over and overfor hours, i can swim through this night, i can swim through this night, i can swim through this night. I almost didnt, but ijust did, any time i wanted to quit just that affirmation, i can swim through this night. The four legs of the journey should have totalled 84 miles, but the channel currents forced sarah to swim in a series of loops, so the actual distance was closer to 130 miles. Kevin murphy, a cross channel swimmer himself, was one of the official observers aboard sarahs support boat. He says this new record is an extraordinary achievement. You can train as much as you like, but if you havent got the power to withstand the demons, the demons in your head which say you cant do this, if you cant fight those you never will do it. Sarah thomas has been known to sleep for 2h hours after her swims. The physical and mental effects of this one will determine whether she can set her sights even higher. Robert hall, bbc news, at sandgate in kent. Football news, and in the Champions League tonight, disappointment for Champions League winners liverpool and also europa League Winners chelsea, in their matches tonight. Natalie pirks reports. Liverpool were crowned champions in europe for months ago, but as Steven Gerrard once said, we go again. Natalie got the better of liverpool at this stage last year, and although the reds had their chances, everything changed with a seemingly innocuous challenge. Adrian couldnt keep the penalty out. Later on, a collectors item, a rare, isnt he . Van dijk mistake, capitalised on by former spurs striker fernando llore nte. Former spurs striker fernando llorente. This is one record liverpool didnt want, the first reigning champions in 25 years to lose their opening Champions League match. Chelsea won the Europa League last season but are now back with the big boys. They were holding their own against valencia, but this freekick was straight off the training ground. Frank lampards side were thrown a via our lifeline, a penalty for handball. Ross barkley was adamant he wanted it. Fans at sta mford was adamant he wanted it. Fans at Stamford Bridge were less than impressed, on what was a bad night for the english teams in europe. Natalie pirks, bbc news. World leaders are meeting at the un Climate Action summit in new york next week to discuss how to cut global emissions, and the economic consequences of tackling Climate Change. For the first in a series of bbc briefings, in depth investigations into the biggest issues facing the uk today, Business Editor simonjack examines the challenges and opportunities of the push for a zero carbon economy. The uks journey to a zero carbon future arguably started here, delabole in cornwall. They thought we were mad. Where local farmer Martin Edwards built the uks first commercial wind farm in 1991. Nearly 30 years on, he says there is a genuine wind of change in the air. I think the Political Climate regarding renewable energy, or Energy Supply as a whole, has changed dramatically. People have really woken up to the idea that Climate Change is really real and really urgent. 10,000 turbines later, the Energy System is transformed. In 1990, coal and oil were dominant. In 2018, Renewables Made up a third, while coal has all but disappeared. You say low carbon, everyone cheers. You say nuclear, like this plant on the construction plant under construction at Hinkley Point in somerset, some feel less comfortable. Critics add its big, its slow, and at £20 billion, its expensive. Builders edf argue its the perfect back up when the wind doesnt blow. People who are furious about Climate Change really need to rethink nuclear. Its low carbon, its safe and it can be made affordable, and if we are really, really serious about taking carbon out of the way we make electricity, then we need nuclear. And were going to need a lot of electricity if were going to replace petrol and diesel engines. It seems very odd looking under the bonnet and seeing nothing, really. You get used to it nearby dealer in second hand electric vehicles andy farmer says business is brisk. The change has been huge. Its gone from being more of a niche thing to now anyones buying an electric car. For the school run, if two or three people get an ev, everyone starts to go, wait, i could do that, i could live with an ev. Despite a fivefold increase in sales over the last year, evs make up less than 1 of vehicles on the road and theres an even tougher, more expensive and less exciting challenge. So, here it is, good Old Fashioned gas boiler. We all recognise that, there are 2a million of them around the uk and that is a big problem because they are one of the biggest sources of emissions. In fact, they churn out five times as much carbon as all uk aviation. We will need new Heating Systems, like hybrid electric pump. This looks suspiciously like an air conditioning unit. Thats exactly what it is, but in reverse. Russell williams, in bridgend, is part of a pilot scheme. Now, im definitely not an eco warrior but i think if we can make a positive change, which doesnt affect our everyday living, thats always got to be a good thing. The bill for refitting Heating Systems . £500 billion, out of a total of one trillion over the next 30 years to get to zero carbon. The vision is for zero carbon electricity to both power vehicles which double as batteries, while producing hydrogen to supplement Heating Systems for well insulated homes lived in by people who dont eat much meat and rarely get on an aeroplane. It is a gigantic economic and societal challenge for a country that, remember, produces just 1 of global emissions. However green and pleasant this land becomes, the net zero target doesnt include the carbon cost of things consumed here but made abroad. We have to set an example, its just that we have to be brutally honest. Our example is about our spending, our consumption and our u nsusta i na ble lifestyle. Its not some technical fix or some Nasty Company we can just tell to behave itself. As the nation that ushered in the industrial revolution, maybe we have a responsibility to lead a green revolution. In the end, it may amount to a moral as much as an economic challenge. Do we want to be part of the problem, or part of the solution . Simon jack, bbc news. And for more facts and analysis about climate and energy, and to download our new in depth energy briefing, you can go to bbc. Co. Uk energy. Thats it. Now on bbc one, time for the news where you are. Hello, and welcome to sportsday. Imjohn watson. Its back, week one of the Champions League group phase. Theres a familiar feeling of deja vu for the holders liverpool in italy. Barkley leaves lampard feeling blue on his european return. Stokes takes aim at the Sun Newspaper and receives the backing of the ecb. And wales send home their right hand man, leaving gatland with plenty to ponder
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