Claudia Karvan, Al Clarke, members of the Screen Australia Board, you say I pose a risk to SA staff. Owing to your duty of care, you say, you cannot allow SA staff to meet with or communicate with me. You refuse to provide me with any evidence that I pose a risk; that I have engaged in ‘highly offensive conduct’. The reason is simple. There is none. And you know it. Your ban is a fatwa; punishment for a critic; a warning to other filmmakers.
Monday, May 26, 2014
(I) legal letter to Citipointe church re the church's illegal removal of Rosa and Chita in 2008
Private & Confidential
Senior Pastor Leigh Ramsey
Pastor Brian Mulheran Citipointe Church
PO Box 2111
2nd May, 2014.
Dear Pastors Ramsey and
IN THE MATTER OF CHANTHY ROZA & CHANTHY CHEATA
– CAMBODIAN CHILDREN
I am formally and legally authorised, engaged and
instructed to write to you by my clients - the parents of Chanthy Roza and
Chanthy Cheata (“two children”).
My clients have requested that their two children
be immediately released into their legal custody, guardianship and care and by
no later than Friday, 23rd May, 2014.
I am instructed by clients that their two children
are currently unlawfully detained by Citipointe Church (“Citipointe”) control
in Cambodia against the express wishes of my clients sas the two children’s
legal parents. I am advised that the two children have now been unlawfully
detained for some five (5) years. I am instructed that the two children were
removed from my clients’ legal custody, care and guardianship by Citipointe pursuant
to an alleged Memorandum of Understanding (MOU) executed between Citipointe and
the Government of Cambodia in 2008 and subsequently in 2009.
As I understand it
from my clients both MOUs were held out or represented to my clients (as the
children’s parents) as the foundation for Citipointe’s legal rights, conferred
on it by the Cambodian government, to remove and or detain the two children
againast the express wishes of my clients.
I am instructed that since 2008, requests have
been repeatedly made by my clients and their advocates for the physical
production of one or both such documents evidencing Citipointe’s legal rights
to remove and or detain the two children. I am instructed that no MOU executed
by Citipointe and Government of Cambodia has been produced by Citypointe to
substantiate its legal rights of access and or detention of the two children.
Therefore, in the absence of Citipointe being able to produce forthwith any
official government conferred MOU legally executed, I am instructed by my clients
to request Citipointe release the said two children to the legal custody, care and
guardianship of their parents forthwith.
For clarity and to avoid
misinterpretation, Friday 23rd May is an indication of the very
latest date for the return of the children to my client’s custody, guardianship
Given the deep sensitivity of this matter and the
length of time involved, this letter has also been copied to the following:
Under-Secretary of State of the Cambodian Ministry of Foreign Affairs, Government
Minister of Foreign Affairs; and
the Australian Ambassador to Cambodia,
representing the Government of Australia.
As Citipointe is an Australian registered charity
within the meaning of relevant Commonwealth legislation, Citipointe will
clearly appreciate the considerable reputational issues at stake in this
matter. These potentially include the substantial bilateral ties between
Australia and Cambodia.
There is also domestic Australian political,
community and ethical sensitivities at play. In particular, for Citipointe,
there may be significant Australian or international legal considerations in
play should Citipointe continue to decline the said two children to their
parents against their clear, express and unequivocal demand. I understand the
Australian media is also closely following the progress of this matter.
On behalf of my clients, I look forward,
initially, to confirmation of Citipointe’s intention to release the two
children, and secondly, specific details regarding the completion the
children’s release at the earliest opportunity. For confirmation purposes I may
be contacted by direct email.
MR MICHAEL A. JOHNSON BA., LLB (UQ)., M.PHIL(Cambridge); Ex.Ed (Harvard)
Barrister-At-Law of the Supreme
Court of Queensland.