Saturday, March 1, 2014

# 21 Ninth letter to Global Development Group Board, dated 1st. March 2014


Directors of the Global Development Group Board
Unit 6, 734 Underwood Road
Rochedale, QLD 4123                                                                                   

1st March 2014

Dear    David James Pearson, Geoffrey Winston Armstrong
Ofelia (fe) Luscombe, Alan Benson, David Robertson

The GDG Board has decided to engage a Cambodian-based lawyer “to review documentation that has been reviewed by the organization.”

The GDG Board has decided not to instruct one of its three Cambodian based employees to meet with Chanti and Chhork – the parents who allege that Citipointe church removed their daughters illegally in 2008.

The GDG Board has decided not to request of me the names of the two GDG-funded NGOs I have mentioned in my correspondence that are, on the basis of the information I have, in breach of the ACFID Code of Conduct and the human rights of the parents of children in their care.

Why has the Global Development Group Board decided that the best course of action is to engage legal counsel?  Given that neither GDG nor Billie Jean Slott will answer this question, I will suggest two possible reasons:

To go through the correspondence with a fine tooth comb and see if I have made any statements at all that are defamatory and enable Billie send me a long legal letter telling me that the GDG intends to sue me for defamation etc.

Billie’s job is to determine whether or not there is any substance to the allegation that Citipointe church removed Rosa and Chita illegally in 2008. Despite all the words that have been written this past five years, this is actually quite a simple question to resolve from a legal point of view. There are documents and GDG is in possession of these. As Geoff Armstong stated on  25th Feb:

“Global Development Group has copies of all the required documentation and has no problems with ‘SHE Rescue Home’.”

The only question for Billie to determine, from a legal point of view, is whether the ‘required documentation’ gave Citipointe the legal right to remove Rosa and Chita in 2008.

The evidence:

The 31st July 2008 ‘contract’ that Citipointe induced Chanti and her mother, Vanna, to sign. Is it a legal document? Did it give Citipointe church the legal right to remove Rosa and Chita from their family. I am sure that the answer Billie will arrive at, as has every lawyer and policeman who has viewed the document,  is ‘no’.

However, earlier in July 2008 there existed, between Citipointe and Chanti, a handshake agreement that Citipointe would take care of Rosa and Chita during the family’s current financial crisis. I was a witness to that agreement. The reason why Chhork did not place his thumb print on the 31st July 2008 ‘contract’ was because he had no reason to believe that Rosa and Chita staying with Citipointe was anything other than a temporary arrangement. The 31st July 2008 ‘contract’ (despite the lie it contained about Chanti’s family being homeless) is, in and of itself, innocuous.

On 11th 2008 August Rebecca Brewer announced to both myself (in an email) and to Chanti in person, that Rosa and Chita would stay with Citipointe’s ‘SHE Rescue Home’ until they were 18. She cited the 31st July 2008 ‘contract’ as Chanti’s agreement to this proposition. Chanti protested (her daughters were 3 and 6 at the time) and ‘kidnapped’ Rosa. The police were called, Rosa was retrieved and Chanti’s visitation rights were limited to 2 hours per month. She was effectively punished by Citipointe, with the help of the police, for wanting to bring up her own child. (I mention ‘the police’ here because there have been several times this past five years when ‘the police’ were prepared to help Chanti and Chhork get their daughters back if I were to go to the police station to talk with them!)

The question for Billie is:

“Did Citipointe church have the legal authority, on 11th August, to detain Rosa and Chita against their parents’ wishes?”

If the church  did not, and in the absence of any other legally binding contract with either (a) a Cambodian government department or (b) Chanti and Chhork, Citipointe was, on 11th August 2008, in breach of Article 8 of Cambodia’s 2008 Law on Suppression of Human Trafficking and Sexual Exploitation:

Definition of Unlawful Removal

The act of unlawful removal in this law shall mean to:
1) remove a person from his/her current place of residence to a place
under the actor’s or a third person’s control by means of force,
threat, deception, abuse of power, or enticement, or
2) without legal authority or any other legal justification to do so, take a minor or a person under general custody or curatorship or legal custody away from the legal custody of the parents, care taker or guardian.

 The second most pertinent  question for Billie is:

“Had Citipointe church, between 31st July and 11th August, entered into a legal contract that give the church the right to hold Rosa and Chita against their parents wishes?”

If such a contract exists it would have to be between Citipointe church and the Cambodian Ministry of Social Affairs because Citipointe entered into no other agreement with Chanti and Chhork between 31st July 2008 and 11th August 2008.

If such a contracts exists, between Citipointe and MoSAVY, Chanti and Chhork have never been provided with a copy of it. After five years of asking, acting as Chanti and Chhork’s legally appointed advocate, I have not been able to confirm the existence of such a contract and nor has a copy of it been proved to me. Both the Ministry of Social Affairs and Citipointe church refuse to conform or deny the existence of such a contract, though Citipointe has often made vague suggestions that it has documents relating to the legality of the church’s actions. Geoff Armstrong also claims to have seen these documents. As Geoff wrote on 25th Feb:

“Global Development Group has copies of all the required documentation and has no problems with ‘SHE Rescue Home’.”

Excuse me for being pedantic here but I take this to mean that GDG has in its possession a legal document that gave Citipointe the right, on 11th August 2008, to tell Chanti and myself that the church would keep Rosa and Chita until they were 18? Geoff will not answer this questionand it is to be hoped that Billie will?

Is it possible that Geoff was mistaken in what he wrote on 25th Feb?  Is it possible that Citipointe may have pulled the wool over GDG’s eyes and made declarations that led GDG to believe that Citipointe had acted legally.

I trust that it is questions such as these that Billie has been entrusted with the job of getting to the bottom on. If Geoff was mistaken in what he wrote on 25th Feb. now is the time to admit it.

In the event that Billie finds there is a legal document giving Citipointe the right, on 11th August 2008, to hold Rosa and Chita against their parents wishes, natural justice demands that Chanti and Chhork be provided with a copy of this document. Or do you, members of the Global Development Board, believe that parents like Chanti and Chhork have no right to (a) be appraised of the reason why their daughters have been removed, (b) have no right to appeal the decision to remove their children and (c) to be provided with the conditions under which re-integration of the children back into the family can occur.

Given that GDG has all the relevant documents in its possession (at least all the documents that Citipointe has provided) determining the legality or otherwise of the church’s actions on 11th August 2008 should take no more than an hour to determine.

It Billie discovers that Citipointe either (a) Did not have a legal right to hold Rosa and Chita on 11th August 2008 or (b) that Citipointe has lied to the Global Development Group, I trust that GDG will publically disassociate itself with Citipointe and cease funding the ‘SHE Rescue Home.’

As Chanti and Chhork are waiting in Phnom Penh to either speak with a representative of the Global Development Group or to hear the outcome of Billie’s review of the correspondence, it would be appreciated if this matter could be resolved quickly.

best wishes

James Ricketson


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