Monday, April 8, 2013

Citipointe church and divisions 270 and 271 of the Australian Criminal Code Act of 1995



Leigh Ramsay
322 Wecker Road
Carindale
QLD 4152

9th April 2013

Dear Leigh

For  more than four years now (closer to five years) Citipointe has refused to provide Chanti and Chhork with copies of agreements and/or contracts that your church has entered into with the Cambodian Ministries of Foreign and Social Affairs regarding the removal of Rosa and Chita from their family in mid 2008.

The Ministry of Social Affairs has likewise refused to provide Chanti and Chhork with copies of documents pertaining to the legality of  Citipointe’s actions.

The July 31st 2008 document that Citipointe induced Chanti and her mother to sign with their thumb prints is not a legal contract. It did not give your church the right, in August 2008, to tell Chanti that she had signed away custody of her daughters to Citipointe until they were 18 by ‘signing’ a document that she could not read.

In the absence of a legally binding contract/agreement between Citipointe and the Ministry of Foreign Affairs in August 2008 it is my belief that your church was, at the time, in breach of divisions 270 and 271 of the Australian Criminal Code Act of 1995. The italics are mine:

“Section 270.1 of the Criminal Code defines the term ‘slavery’ as “the condition of a person over whom any or all of the powers attaching to the right of ownership are exercised, including where such a condition results from a debt or contract made by the person”.

Amongst the breaches I allege Citipointe to be guilty of is paying Chanti 25 cents for a product that the church sells for $3 at times when hers and Chhork’s other children were suffering from malnutrition as a result of their poverty.

“It is an offence under section 270.3(1) to: possess a slave, or exercise over a slave any of the other powers attaching to the right of ownership; engage in slave trading; enter into any commercial transaction involving a slave; or exercise control or direction over, or provide finance for, any act of slave trading or any commercial transaction involving a slave.”
The penalties that apply to those found guilty of a breach of Division 270 speak for themselves of the seriousness of the offence of enslavement:

“These offences are now found within Division 270 of the Criminal Code and apply to all persons, regardless of whether the conduct occurs within or outside of Australia. They each carry a maximum penalty of 25 years imprisonment.”

If Chanti is not provided with copies of any and all contracts or agreements that Citipointe has entered into with the Ministries of Foreign and Social Affairs since July 31st 2008 regarding Rosa and Chita’s removal from her parents care within the next 24 hours (and provided to me also as her legal advocate) I will refer this matter to the Australian Federal Police for investigation.

best wishes

James Ricketsonå

No comments:

Post a Comment