15/12/2011

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:00:14. > :00:21.Good evening. This is BBC Newsline. The main news this Thursday

:00:21. > :00:25.evening... The family of this man, shot dead

:00:25. > :00:28.at a checkpoint, take legal action against the police.

:00:28. > :00:30.The changing face of the high street as ministers talk about

:00:30. > :00:39.reducing corporation tax. Could this be the future for our

:00:39. > :00:42.trawler fleets? EU leaders meet over fishing quotas.

:00:42. > :00:50.Find out why there is a row over the Frank Sinatra impersonator due

:00:50. > :01:00.to play Belfast tonight. And not only icy, there is a risk

:01:00. > :01:03.of further sleet and snow in places tonight. Join me for the forecast.

:01:04. > :01:10.The family of a man shot dead by a police officer in Ballynahinch in

:01:10. > :01:12.2006 is to take legal action against the PSNI. A report by the

:01:12. > :01:16.Police Ombudsman describes the officer's actions as critically

:01:16. > :01:20.flawed. 23-year-old Stephen Colwell was trying to evade a police

:01:20. > :01:27.checkpoint in a stolen car. The officer who killed him is still on

:01:27. > :01:32.duty. Farther off one, Stephen Colwell,

:01:32. > :01:37.his life ended after he was shot by a police officer. His body is seen

:01:37. > :01:43.or lying on the ground covered by a white sheet, beside the stolen car

:01:43. > :01:48.he was striding. The 23-year-old was shot twice when he tried to

:01:48. > :01:53.evade a checkpoint near the police station in Ballynahinch in 2006.

:01:53. > :01:57.The police officers said he fired because the car was being drat --

:01:57. > :02:01.was being dragged directly at him and he could not get out of the way.

:02:01. > :02:07.He believed his only option was to open fire if he was to save his

:02:07. > :02:12.life and those of members of the public. A report published today

:02:12. > :02:17.says investigators spoke to more than 30 witnesses. Many statements

:02:17. > :02:22.supported the police action. But it says forensic evidence contradicts

:02:22. > :02:27.his account. Investigators have used a computer-generated model to

:02:27. > :02:33.examine what happened. The car and officer are highlighted in red to

:02:33. > :02:37.indicate their positions when the first shot was fired. And then as

:02:37. > :02:42.yellow to demonstrate their positions when the second shot was

:02:42. > :02:47.fired. Investigators say expert analysis demonstrates the car was

:02:47. > :02:51.turning away from officer when he opened fire. The report says there

:02:51. > :02:56.is no evidence that the lives of pedestrians or other police

:02:56. > :03:01.officers were at risk. It describes Stephen Colwell's actions as

:03:01. > :03:07.reckless, but says the officer for the greater responsibility. The

:03:07. > :03:12.report describes his actions as clip -- as critically flawed.

:03:12. > :03:17.officer drew his firearm earlier, before he was in front of the car.

:03:17. > :03:22.Once the firearm was out, once he chose to place himself in front of

:03:22. > :03:27.the vehicle, chose to stand his ground and even his firearm

:03:27. > :03:30.directly at the driver, these events escalated the situation to

:03:30. > :03:37.where there was little likelihood of an alternative outcome if the

:03:37. > :03:40.car moved forward. At a press conference this morning, Stephen

:03:40. > :03:44.Colwell's family welcomed the report and called on the Public

:03:44. > :03:49.Prosecution Service to review a decision not to prosecute the

:03:49. > :03:53.police officer and revealed they are now taking legal action.

:03:53. > :03:59.family will initiate civil proceedings against the officer,

:03:59. > :04:04.arising from the findings of this report. The family have never

:04:04. > :04:08.sought to limit or justify the actions of Stephen Colwell on that

:04:08. > :04:12.day in question, but we believe that the PSNI did not have the

:04:12. > :04:17.right to use lethal force in the circumstances. The Police

:04:17. > :04:22.Federation, which represents rank- and-file officers, has rejected the

:04:22. > :04:26.report. The almost none has had five years to investigate, this

:04:26. > :04:31.Constable had less than five seconds to make a split second

:04:31. > :04:36.judgment call. The reality is they officer was acting in the best

:04:36. > :04:39.interests of the public and himself and fellow officers. I believe the

:04:40. > :04:44.officer should have been commended for the rescue put his own life in.

:04:44. > :04:50.The report also says the Ombudsman had grave concerns that the officer

:04:50. > :04:54.was acting in such a role on the day of the shooting, after becoming

:04:54. > :05:00.aware of his medical history and previous conduct. The PSNI agreed

:05:00. > :05:04.to hand over medical and personnel files to investigators. But not as

:05:04. > :05:10.the prevented that happening. Details of those records are not

:05:10. > :05:14.included in this report. But they were referred to in a judgment

:05:14. > :05:17.issued in May 2008. The judge recorded that, some years before

:05:17. > :05:23.Stephen Colwell was called, the officer was arrested and charged

:05:23. > :05:27.with assault. That resulted in suspension from duty and the

:05:27. > :05:32.removal of his personal protection weapon for a short time. It was

:05:32. > :05:36.also noted that, in July 2005, ten months before Stephen Colwell was

:05:36. > :05:41.shot, the officer had allegedly pointed the gun at his partner

:05:41. > :05:45.during a domestic incident at his home. Officer was cleared of the

:05:45. > :05:51.allegations and is still serving in the PSNI. Chief Constable Matt

:05:51. > :05:55.Baggott was asked about the reported during a visit today.

:05:55. > :06:00.job has a particular role in relation to this conduct, so I

:06:00. > :06:08.cannot comment. In a statement, the PSNI said it deeply regretted

:06:08. > :06:12.Stephen Colwell's debt and will study the report's findings. --

:06:12. > :06:16.death. The job of picking the next Police

:06:16. > :06:19.Ombudsman has begun. The post, which pays almost �139,000 per year,

:06:19. > :06:23.was advertised this morning. In October, Al Hutchinson announced he

:06:23. > :06:28.was taking early retirement. It followed a BBC Northern Ireland

:06:28. > :06:33.Spotlight investigation which found serious failings in his office.

:06:33. > :06:37.The Executive is to introduce its controversial large retail levy.

:06:37. > :06:40.Also known as the Tesco Tax, it means large stores here, like B&Q,

:06:40. > :06:44.Sainsbury's and Tesco's, will have to pay an extra 15% on their annual

:06:44. > :06:47.rates. And not 20%, as planned. This money will then be used to

:06:47. > :06:51.give rate relief to 9000 smaller businesses. Kevin Magee has been

:06:51. > :06:56.speaking to the Finance Minister Sammy Wilson.

:06:56. > :07:02.We excepted and need to have a proper shopping mixture in Northern

:07:02. > :07:07.Ireland. There was no refusal to accept that small businesses are

:07:07. > :07:12.hardest hit during the recession. You do not except the large

:07:12. > :07:17.retailers arguing they will invest less? The investment decision one

:07:17. > :07:21.has been well scuppered. Indeed, all of them have said they would

:07:21. > :07:25.seek to find the savings by reducing overheads in other ways.

:07:25. > :07:33.You do not think there is a danger that any large investor could take

:07:33. > :07:37.flight? Ikea will pay �250,000 extra per year. I listened to them

:07:37. > :07:41.and the likes of B&Q and others coming along making arguments

:07:41. > :07:46.because of the nature of their businesses, but that sales per

:07:46. > :07:50.square foot were larger than others, but Ikea will save some money

:07:50. > :08:00.because of the amendments I have made to the scheme. I think that

:08:00. > :08:03.

:08:03. > :08:10.shows I have listened. Why are the banks exempt? There are some that

:08:10. > :08:16.have Gans. We want people located in Northern Ireland. So it is

:08:16. > :08:20.attest -- so is the sea Tesco Tax or Robin Hood tax? It is about

:08:20. > :08:26.balancing businesses in Northern Ireland. We need a vibrant retail

:08:26. > :08:30.sector, meaning small, medium and large. This reflects economic

:08:30. > :08:35.conditions and seeks to make judgments to ensue -- to ensure a

:08:35. > :08:37.level playing field. While the Executive is redirected

:08:37. > :08:41.money towards small traders, the latest figures today suggest big

:08:41. > :08:45.retailers are suffering. The only real growth since last year has

:08:45. > :08:51.been online. The average weekly a on-line spend across the UK in

:08:51. > :08:54.October was nearly �800 million. That is a massive increase of 44%.

:08:54. > :08:59.Jim Fitzpatrick has been taking a look at the changing face of high

:08:59. > :09:04.streets. And what retailers are doing to stay in business.

:09:04. > :09:10.On the first Saturday of this month, Victoria Square in Belfast did

:09:10. > :09:12.record business. It is bucking a trend. High-street sales are under

:09:12. > :09:17.pressure with the consumers are increasingly moving online and

:09:17. > :09:24.retailers responding differently. The retail mixture is changing.

:09:24. > :09:29.Just a few steps away from the most exclusive shops, you will find the

:09:29. > :09:35.bargain basement and business for them is booming. The name says it

:09:35. > :09:42.all. Everything sells for �1. In tough economic times, business is

:09:42. > :09:48.up. Business grew 25% last year. 64 stores were opened in the UK with

:09:48. > :09:52.more than 50 this year. Its boss says it is doing well because,

:09:52. > :09:58.thanks to the squeeze on incomes, it is attracting a broader range of

:09:58. > :10:02.customers. We want to take this to more and more people and serving

:10:02. > :10:06.more than 4 million people a week. At us from all the different

:10:06. > :10:10.demographic groups. But retail in Northern Ireland is under

:10:10. > :10:15.particular pressure. The property boom encouraged higher rents and

:10:15. > :10:19.now traders cannot afford doors and go out of business. On the Lisburn

:10:19. > :10:23.Road in Belfast, Independent readers are fighting back with a

:10:23. > :10:27.renewed focus on service and collective action. We know

:10:27. > :10:32.customers well, have good brands and it is getting behind doors and

:10:32. > :10:36.working closely with customers, offering a unique proposition for

:10:36. > :10:41.them as opposed to the high street or in larger out-of-town operations.

:10:41. > :10:45.Next year, we will integrate businesses for a network of

:10:45. > :10:53.contacts to, to call people onto the road for those products and

:10:53. > :10:58.services. In town, out of town, big, small, in-store bought online, it

:10:58. > :11:03.has never been more competitive. -- in store or online.

:11:03. > :11:06.Still to come on the programme... The search to find out who owns

:11:06. > :11:09.this dangerous crumbling wall in Londonderry.

:11:09. > :11:17.And find out why there is an almighty row over a famous

:11:17. > :11:21.impersonator, who is due in Belfast tonight.

:11:21. > :11:29.A former British agent, who says he was under cover in the IRA, has

:11:29. > :11:32.denied being a pathological liar. Newry man, Kevin Fulton, was giving

:11:32. > :11:36.his second day of evidence to the Smethwick tribunal in Dublin. It

:11:36. > :11:38.was his claims of Garda collusion in the IRA murders of senior RUC

:11:38. > :11:41.officers Harry Breen and Bob Buchanan that led to the tribunal.

:11:41. > :11:46.Dublin reported Jennifer O'Leary joins me now live. Let us deal with

:11:46. > :11:52.this allegation of Garda collusion. Kevin Fulton came under pressure to

:11:52. > :11:57.back up his allegations. He has made to the claims against a former

:11:57. > :12:04.Garda detective. I will focus on one of those. In a statement to an

:12:04. > :12:10.earlier inquiry, Kevin Fulton alleged that a man saw the RUC

:12:10. > :12:17.officers, then telephone IRA. But in a statement to the tribunal, he

:12:17. > :12:23.left that out. -- then telephoned the IRA. Today, he spoke about his

:12:23. > :12:28.presumption that the friend was a detective involved. The Council for

:12:28. > :12:34.the detectives said a lot was speculation. He said, I never said

:12:34. > :12:42.it was anything else. He also made claims about two RUC officers

:12:42. > :12:46.setting hit -- setting colleagues up in assisting the IRA. That is

:12:46. > :12:54.right. He said, I caught, there are cops in the North helping others.

:12:54. > :12:58.There are as he referred to being IRA. He was asked if he suggested

:12:58. > :13:07.that colleagues in the RUC were helping the IRA. We could not see

:13:07. > :13:10.him, but the tone of his voice changed and he said, of course. He

:13:10. > :13:15.said the police knew about associations with a known

:13:15. > :13:25.republican. The tribunal continues tomorrow. Jennifer O'Leary in

:13:25. > :13:27.Big decisions will be taken in Brussels over the next few days

:13:27. > :13:30.which will once again affect the livelihoods of our fishermen. The

:13:30. > :13:33.European Commission wants to reduce the numbers of white fish like cod

:13:33. > :13:36.and haddock being caught. Our district journalist Frances Gorman

:13:36. > :13:43.has been talking to one Kilkeel fisherman who's been catching cod

:13:43. > :13:50.in local waters for 30 years. In weather like this, fishermen stay

:13:50. > :13:54.at home. A quarter as are reduced, they might end up staying at home.

:13:54. > :14:01.This man says there are plenty of cod in the Irish Sea but Brussels

:14:01. > :14:06.says there are not. This man says the way the bureaucrats count the

:14:06. > :14:11.fish is wrong. If you are talking about snapshots taken by the

:14:11. > :14:15.fisheries vessel that is unable to catch the fish or does not have the

:14:15. > :14:20.experience to know where the fisheries are at certain times of

:14:20. > :14:30.year, how can you rely on that? Why not take the advice of people who

:14:30. > :14:36.years? You would not ask a heart surgeon how to plough a field.

:14:36. > :14:45.says the influence that Brussels has over the E U countries has been

:14:45. > :14:51.dominating headlines. He believes our politicians should be further.

:14:51. > :14:57.Someone has to say no to Brussels. Our politicians should stand up to

:14:57. > :15:03.them. They should tell them we have other plans and we can provide

:15:03. > :15:09.ourselves with a sustainable industry in a different way from

:15:09. > :15:13.how they are trying to. There we is not working. We should know by the

:15:13. > :15:16.weekend what the fish quota will be for the next year. Families in the

:15:16. > :15:18.Rosemount area of Londonderry say a high protection wall which

:15:18. > :15:21.partially collapsed during yesterday's bad weather is now

:15:21. > :15:24.posing a serious threat. It caused a landslide at the back of terraced

:15:24. > :15:34.housing and now it seems no one knows who's responsible for the

:15:34. > :15:38.wall. Kevin Sharkey has more. No matter how many times or how many

:15:38. > :15:45.ways these residents look, the damage is extensive. Protections

:15:45. > :15:49.are now in place but there is no sign yet of clear up. After the

:15:49. > :15:56.damage, new questions. Who is going to clear up and how safe is the

:15:56. > :16:03.rest of this wall? That is the real concern. Much of this long wall, a

:16:03. > :16:08.hidden behind Shrubbery, it holds back a huge amount of Earth. It has

:16:08. > :16:14.given way already leaving residents fearing that it could happen again.

:16:14. > :16:19.The landslide happened about 30 metres behind me. The cordon runs

:16:19. > :16:25.down here and even further beyond. That suggests there are concerns

:16:25. > :16:31.about the remainder of the wall which so far remains intact. There

:16:31. > :16:36.is a big problem. No one or no organisation has so far come

:16:36. > :16:43.forward to claim responsibility for this wall. Who will carry out a

:16:43. > :16:48.risk assessment and any essential works which are necessary? While

:16:48. > :16:56.uncertainty continues, concerns are growing of further risk to property

:16:56. > :17:00.and people. It will fall. It starts down at the end of the lane. If it

:17:00. > :17:06.falls any further, you can see yourself what it is going to do.

:17:06. > :17:14.Somebody is going to get hurt. The need to act very very quickly to

:17:14. > :17:21.get it sorted. It is dangerous and unsafe. An oil spill from the

:17:21. > :17:23.landslide has created new problems today. Ministers at Stormont and

:17:23. > :17:25.Westminster say they've had constructive discussions

:17:25. > :17:29.surrounding plans to cut corporation tax year. A working

:17:29. > :17:32.group will examine the benefits and costs of a tax cut. The Treasury

:17:32. > :17:37.Minister, David Gauke, who chaired the meeting in Belfast, also said a

:17:37. > :17:47.government consultation document will be published before Christmas.

:17:47. > :17:47.

:17:47. > :17:52.The First and Deputy First Minister welcomed the talks. We have had a

:17:52. > :17:56.good first meeting. We have set the course and direction for further

:17:56. > :18:03.meetings. We are going to contend that things are moving in the

:18:03. > :18:07.direction we would wish. It is the more on. Hopefully we can all move

:18:07. > :18:13.forward to what would be a successful conclusion for us. We

:18:13. > :18:18.have made the point that we believe we have a special case. It is clear

:18:18. > :18:24.we believe that case is being listened to very seriously.

:18:24. > :18:28.Hopefully there will be a successful outcome for all of us.

:18:28. > :18:31.While this is supposed to be a time of good cheer it's time for us to

:18:31. > :18:34.start spreading some bad news tonight about old blue eyes, that

:18:34. > :18:37.of course is Frank Sinatra. There's a rocking of the boat in Belfast

:18:37. > :18:40.where a row has broken out over a Frank Sinatra impersonator. 1200

:18:40. > :18:43.people have tickets for the Waterfront Hall to see the Rat Pack,

:18:43. > :18:53.Frank, Dean and Sammy's Christmas Special. But the Frank they were

:18:53. > :18:58.

:18:58. > :19:05.expecting is on stage in the States. Julian O'Neill investigates. This

:19:05. > :19:12.is the UK's best known francs and add to impersonator. He sang at

:19:12. > :19:22.Simon Cowell's birthday. He was supposed to play at the Waterfront

:19:22. > :19:23.

:19:23. > :19:29.Hall. Ticket prices were up to �27. Instead of appearing in Belfast he

:19:30. > :19:33.will be preparing to go on stage in the US. He said the first he knew

:19:33. > :19:42.about it was Tuesday but another Frank Sinatra impersonator says he

:19:42. > :19:47.was approached to provide an Alternate show back in October.

:19:47. > :19:57.They were advertising for this man to be on stage in the full

:19:57. > :19:57.

:19:57. > :20:04.knowledge that he would not be. He was contracted to America. He did

:20:04. > :20:12.not pull out at the last minute. The PSNI have been made aware of

:20:12. > :20:17.what happened. We were told he would not be appealing because of

:20:17. > :20:24.contractual difficulties. We asked when he made the -- promoter aware

:20:24. > :20:34.of the double booking but he did not respond. Concert-goers will be

:20:34. > :20:39.made of the change before the curtain goes up. Anyone who wants a

:20:39. > :20:49.fool refined needs to leave before the show starts, not the final

:20:49. > :20:54.

:20:54. > :20:57.curtain. -- have bull the fund. -- a full refund. To this week's

:20:57. > :21:00.Family Focus and the annual Family Appeal has drawn to a close and now

:21:00. > :21:03.the charity staff and volunteers are working around the clock to

:21:03. > :21:06.make sure families receive their presence in time for Christmas.

:21:06. > :21:09.This here it looks like, as predicted, the demand is up again.

:21:09. > :21:14.This is the headquarters for the family Appeal in Belfast. Gifts are

:21:14. > :21:19.still coming in. There was a delivery this morning of a number

:21:19. > :21:25.of bikes from a local company. They have struggled this year to meet

:21:25. > :21:30.the growing demand. Last year saw presents distributed to over 11,000

:21:30. > :21:37.children, the highest number ever. In Belfast this year there has been

:21:37. > :21:42.a rise in the number of families applying. The number of requests

:21:42. > :21:47.has increased significantly this year. The number of families coming

:21:47. > :21:57.to this appeal have increased as well which we would have expected

:21:57. > :22:00.

:22:00. > :22:05.but we have been able to help 1436 families to date. It is co-

:22:05. > :22:10.ordinated by St Vincent de Paul and the Salvation Army. They say the

:22:10. > :22:15.public have pulled out all the stops in helping others. They have

:22:15. > :22:22.been wonderful. The continue year on year to give an this year has

:22:22. > :22:29.been exceptional. The quantity has not been as great as previous years

:22:29. > :22:34.but the quality is excellent. and volunteers work behind the

:22:34. > :22:39.scenes, this woman is from Downpatrick. A group of us have

:22:39. > :22:46.been coming down here for the past seven years. We really enjoy

:22:46. > :22:51.working at the appeal. We feel we are making a bit of a difference.

:22:51. > :22:56.It will be January before it is known just how many families your

:22:56. > :23:00.gifts have helped. However small the present, you can be sure you

:23:00. > :23:04.have meet someone's Christmas a little bit brighter. Thank you to

:23:04. > :23:06.everyone who has donated. Football managers are in the news this

:23:07. > :23:10.evening. Here's Austin O'Callaghan. After the recent spate of sacked

:23:10. > :23:13.managers in the Carling Premiership, today we had a new appointment.

:23:13. > :23:23.Gary Hamilton is now the boss at Glenavon, after signing at two-and-

:23:23. > :23:26.

:23:26. > :23:33.a-half year deal as player-manager. He has been a winner on the pitch

:23:33. > :23:38.for them but now he is calling the shots on deep cut line. He is

:23:38. > :23:43.determined to rise to the challenge. All I want to do is play football

:23:43. > :23:48.and score goals. Now I am manager as well I want to make decisions

:23:48. > :23:52.and make this club better, bring it to where it should be. When I am

:23:52. > :23:56.playing on the pitch hopefully I can do the business there and also

:23:56. > :24:00.do things off the pitch. They currently lie 10th in the

:24:00. > :24:07.Premiership and are now aiming for the top half of the table but that

:24:07. > :24:13.will not happen overnight. You are not too big a club if you do not

:24:13. > :24:17.get the results on the pitch. With the fan base and the good people

:24:18. > :24:24.around the club the do not deserve to be the year. If I have my way it

:24:24. > :24:34.will never happen and I will do my part to stop it. He says he will

:24:34. > :24:35.

:24:35. > :24:37.keep faith with the team who won on Saturday. The man tipped as

:24:37. > :24:41.favourite to land the vacant Northern Ireland manager's job is

:24:41. > :24:43.in charge of Shamrock Rovers for the last time tonight. Michael

:24:43. > :24:53.O'Neill's side are playing Tottenham in their final Europa

:24:53. > :24:55.

:24:55. > :25:05.League game. At half-time in Dublin Shamrock Rovers are trailing Spurs

:25:05. > :25:07.

:25:07. > :25:15.3-0. Jermaine Defoe all scored the third just before the break. Not a

:25:15. > :25:20.happy ending for Michael O'Neill. am sure it is very cold for those

:25:20. > :25:24.footballers out there at the moment and for everybody. Let us get the

:25:24. > :25:29.weather. I think it is going to be called whatever you are up to over

:25:29. > :25:34.the next few days. There are icy conditions tonight and over the

:25:34. > :25:40.next few days. The Met Office have issued a warning. There will be

:25:40. > :25:45.sleet and snow at times as well. The sleet and snow tonight into

:25:45. > :25:49.tomorrow morning will particularly affect parts of the east and north.

:25:49. > :25:55.There is a potential for some moderate falls of snow, this is

:25:55. > :26:02.particularly over the hills. There is a risk of disruption as we head

:26:02. > :26:07.into tomorrow morning. The showers that have been mostly in the West

:26:07. > :26:13.today are now attracting northwards. This evening the cold air digs in

:26:13. > :26:17.and starts to turn wintry. We can see sleet and snow moving down to

:26:17. > :26:23.low levels later in the night. Further south it is mostly dry with

:26:23. > :26:28.clear skies but coldest here too. Very frosty indeed with slippery

:26:28. > :26:35.conditions. If we are looking at a worst case scenario for tomorrow

:26:35. > :26:41.morning we will be seeing a few centimetres of snow over health. It

:26:41. > :26:45.will be pretty slippery and could be slushy in places as well. If we

:26:45. > :26:48.do get there was sleet and snow showers they will start to turn

:26:48. > :26:53.back to rain during tomorrow morning. That rain will start to

:26:53. > :26:58.slide away to the south-east to. Tomorrow afternoon it should be

:26:58. > :27:03.turning brighter and drier towards the north coast. It could take

:27:03. > :27:08.until late in the afternoon before the clouds finally move away from

:27:08. > :27:14.the south-east. Even if you have wintry sunshine it will be another

:27:14. > :27:19.called the. Tomorrow night we do it all again. Icy patches, may be some

:27:19. > :27:23.mist and fog and wintry showers moving in. It will be quite

:27:24. > :27:30.blustery with bright spells and wintry showers on Saturday, more of

:27:30. > :27:37.the same expected on Sunday. The headlines: The family of a man shot

:27:37. > :27:41.dead by a police officer in 2006 is to take legal action against the P

:27:41. > :27:47.S NI. More than 13,000 troops will be drafted in to provide extra

:27:47. > :27:52.security during the Olympics in London next year. America has ended