Ms
Sam Mostyn
President
Australian Council for
International Development
12 Napier Close, Deakin ACT 2600
7th May 2014
Dear Ms Mostyn
Following on from my letter of
yesterday.
Clearly, the ACFID Code of
Conduct committee has no interest in any evidence that might support the
proposition that in 2008 Citipointe church illegally removed Rosa and Chita
from their family.
Nonetheless, I will place the
attached documents on file. They are:
(1) A copy of the Complaint, in
Khmer, made by Chanti on 3rd Dec 2013 to the Phnom Penh Municipal
Court.
(2) A copy of a translation of
the 3rd Dec 2013 complaint. Chanti’s name has been translated as
‘Chab Thy’. (The spelling of the names of all members of this family tends to
vary from document to document.)
The most relevant section of this
3rd Dec 2013 Complaint relates to Article 253:
ILLEGAL ARREST, DETENTION AND CONFINEMENT
Article
253: Illegal Arrest, Detention or Confinement
Any
person who arrests, detains or confines other persons without order from the
legitimate authorities or except for the cases provided by the law is punished
to:
- imprisonment of between 1 (one) and 3 (three)
years if the arrest, detention or confinement is less than 48 (forty eight)
hours;
- imprisonment of between 3(three) and 5(five) years
if the arrest, detention or confinement is from 48 (forty eight) hours to less
than 1 (one) month;
- imprisonment of between 5 (five) and 10 (ten)
years if the arrest, detention or confinement is equal to or more than 1 (one)
month;
I have asked both Judge Keo Mony
and Judge Phou Pov Sun why no action has been taken to investigate this Complaint
by Chanti. Neither Judge considers it relevant to the matters under
investigation! Likewise, neither Judge considers the legality (or otherwise) of
the removal of Rosa and Chita in 2008 to be relevant.
So, it would seem that Chanti’s
Complaint will never be investigated. Two Complaints made by Citipointe church
are being investigated, however – one leading to my being given a two year
suspended jail sentence and a $1,500 fine. Why do you think the Phnom Penh
Municipal court is so determined to punish me but has no interest at all in
investigating the “arrest, detention or confinement” of Rosa and Chita?
I have asked yourself, Marc
Purcell, Sue-Anne Wallace and members of the ACFID Code of Conduct Committee to
request of Citipointe and the Global Development Group proof of the legality of
the church’s “Arrest, Detention or Confinement” of Rosa and Chita. ACFID
resolutely refuses to ask for such evidence – leaving the Australian Council
for International Development, at the very least, morally complicit in
Citipointe’s illegal detention of Rosa and Chita.
best wishes
James Ricketson
cc The Hon Julie Bishop, Minister for
Foreign Affairs
Dr Sue-Anne Wallace and the ACFID
Code of Conduct committee
Pastors Leigh Ramsey and Brian Mulheran
Geoff Armstrong and the Global
Development Group board
Various media outlets.
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