Friday, May 23, 2014

(C) Letter to Ms Sam Mostyn, President, ACFID, 7th May 2014

Ms Sam Mostyn
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:

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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