Thursday, November 28, 2013

Commencing legal proceedings against Citipointe church for the illegal removal of Rosa and Chita from their parents more than five years ago


Leigh Ramsay
322 Wecker Road
Carindale
QLD 4152                                                                                            

Dear Leigh

Chanti, Chhork and I had a most interesting meeting with LICADHO this morning. It emerged that  Citipointe has provided LICADHO with two reasons why Rosa and Chita cannot be returned to their family: (1) Citipointe now considers Rosa and Chita to be members of the church’s family and would be heart-broken to lose them and (2) The police have not yet completed their investigation.

By ‘the police’ Citipointe means the ‘Anti Human Trafficking and Juvenile Protection Department’ headed up by Mr Lao Lin. When asked when the investigation will be completed, LICADHO was told bluntly that Rosa and Chita will not be returned to their family. When asked to provide a reason, the ‘Anti Human Trafficking and Juvenile Protection Department’ refused to provide one.

One does not need to be a rocket scientist to figure out what is going on here – especially in light of the fact that the ‘Anti Human Trafficking and Juvenile Protection Department’ did not, seven months ago, ask me one question pertinent to its supposed ‘investigation’ into the removal of Rosa and Chita and actively prevented me from providing evidence in support of the proposition that Citipointe had removed Rosa and Chita from their family illegally.

Another interesting fact to emerge in this meeting with LICADHO this morning is that Chanti did sign, with a thumb print, a second contract with Citipointe more than five years ago. Chanti does not have a copy of it and has no idea what the terms and conditions of it are. Rebecca made it clear in writing in 2008 that Citipointe intended to keep Rosa and Chita until they were 18. Presumably, given that the 31st July 2008 ‘contract’ carries no legal weight, it is this second contract that Citipointe believes gives the church the right to retain custody of Rosa and Chita contrary to their parents express wishes, articulated for five years now, that the girls be returned to the family’s care.

I am now in a financial position to commence legal proceedings against Citipointe in Cambodia. Two different sets of proceedings, actually. The first will be to file a formal complaint against the church and the ‘Anti Human Trafficking and Juvenile Protection Department’. Regardless of any bribes the church may pay, Citipointe will be obliged, in accordance with Cambodian law, to provide my lawyer with copies of certain documents – some of which I have been asking for, as Chanti and Chhork’s legally appointed advocate, for the past five years. Likewise, the ‘Anti Human Trafficking and Juvenile Protection Department’ will be obliged, in accordance with Cambodian law, to provide its reasons for refusing to allow the return of Rosa and Chita to their family.  These documents, once in the public arena, will make it abundantly clear that Citipointe had no legal right to remove Rosa and Chita in 2009 or to keep them this past five and a half years contrary to their parents’ wishes – at which point the 2nd set of legal proceedings will commence.

best wishes

James Ricketson
cc Mr Lao Lin, ‘Anti Human Trafficking and Juvenile Protection Department’

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