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Description: Matters resultant from the failed Towards Healing process and the 'Melbourne process'
Body text: For immediate global redistribution
Date: 20 June 2010
Location: Melbourne Australia
Topic: Matters resultant from the failed Towards Healing process and the 'Melbourne process'
Issue: The safety and the well being of survivors of sexual and other abuses carried out by Catholic clergy and and subsequent obstruction of justice and reckless endangerment of vulnerable people in a purported environment of care.
Re: Letter in regards attempts to raise safety and well being issue Melbourne Victims Collective
re the attached - please see below
Our Ref: RCB:MA:17697
31 May 2010
Private & Confidential
Please refer to previous correspondence (several) in this regard where privacy and confidentiality has been waived and rejected.
Mr John Brown
12 Carlton Street
TOOWOOMBA QLD 4350
Melbourne Victims Collective
We are the Lawyers to the Melbourne Victims Collective. We have seen the emails
which you have recently sent to the Collective email list dating back to 15 May 2010.
We are concerned at some of the content contained in these emails, and that this
information has been spread far and wide without consent.
Paul, these are both obvious statements of fact. You received copies as your office was included on the email list. This should be obvious to all and really should not be necessary to be stated here. Re information being spread far and wide - that too should be obvious if 'far and wide' can be taken to encompass the English speaking world along with some Spanish, French and Italian speaking regions of the world. As to requiring consent none was sought as none was required.
You are entitled to your opinion and the writer is happy for you to continue to send
your emails to him.
Thanks for that, it is truly appreciated to see that I can contribute towards your happiness through a simple email although the circumstances of placing survivors at such a high risk does make this a more serious issue than just your happiness.
However, you have not obtained the permission of Collective members to send these
emails and risk them being illegal as Spam under Federal Law. You therefore should
desist from sending any further emails to any Collective related email address
without the express permission of each recipient.
Re the 'risk' mentioned here. Please refer to previous correspondence where you will find that these emails are specifically exempted from the SPAM Act under Federal law therefore I see no purpose in your statement after that erroneous point save perhaps for some attempt at legalistic wording and the erroneous assumption that express permission is required to alert individuals of an imminent risk to their personal safety. It was appreciated that you did not make any attempt to imply that these email addresses had been stolen or illegally obtained as we both understand that the legal obligation in that regard sits squarely with IGFA. No doubt the transgressor will be publicly humiliated and admonished in the usual practiced manner of the church and its adherents which really will do nothing towards the legal obligation in regards that. Naturally one would expect the usual that no responsibility will be taken there and that further disinformation in that regard will follow as has been the previous religious practice in similar circumstances where much ado and flapping can made in regards this which usually only goes to further waste the resources of our police services and others with important duties to perform due to the provision of further false and misleading information to the uninformed as another means of digressing further from the important aspects of duty of care, moral, ethical and legal responsibility towards the safety and well being of survivors of clergy abuse and other religiously motivated or engendered crimes.
We note that some people have expressly asked you to cease emailing them. This
worsens your situation in terms of Spam.
Noted, see above.
We have also been informed that you taped a conversation with a person from
Geoffrey Robertson Q.C's office. While our understanding is that it is not illegal to
tape a telephone conversation between two people without permission, there are
extremely strict rules surrounding publication of such information to a third party
contained in the Surveillance Devices Act (Cth). We caution you to be careful to
comply with the provisions of this Act.
Your caution is unnecessary in this instance as a reading of the relevant acts will provide you with suitable references.
We also ask you to respect the rights of In Good Faith and Associates, who report
that their website has been disrupted, and that your emails and the information in
them make disparaging comments about them.
re: The IGFA web site. As you no doubt are aware this service was provided as a service to IGFA in good faith by myself under an arrangement which required their veracity, honesty and the protection of the well being and the welfare of survivors at both a professional and medically sound level. Since the breach of that good faith due to disinformation and other dubious and questionable activities by IGFA and due to the cavalier actions which placed survivors of clergy sexual abuse at a known and recognized risk through the actions of IGFA and after a number of attempts to address this issue failed to illicit a mature and considered response the services were terminated according to my original agreement with IGFA. One can imagine the hubris and indignation at coming attempts to publicly distort these facts and the moral indignation and attempts to minimize or digress from the safety issues at the core of this matter. I wholeheartedly agree that no respect was shown in regards these despicable actions which have a known history of triggering a great deal of distress and more among survivors of trauma. No respect was implied or attempted after repeated attempts to raise this safety issue with IGFA were repeatedly and unprofessionally cast aside with seemingly no regard for the welfare and the well being of survivors.
We urge you to have regard to the laws that apply to publication of information about
people so that your important message is not disregarded by people who become
offended at your publications.
Thank you for your acknowledgment that the personal safety and well being of survivors and their treatment in line with sound medical practice is an important message; a message which is at the core of and on point in this matter. This should assist IGFA to acknowledge that aspect else they may be tempted to fall back into old habits of deeming insanity, claiming medically unsound etc as has occurred in the past else they may been seen to be conducting themselves in the same cavalier and inhumane manner as the catholic church in this regard. Unfortunately all too often today we understand that anyone with any level of education can hang a shingle to promote themselves as an advocate, however as you would be well aware this does not exonerate them from the responsibilities of a duty of care towards those they may conduct business with.
Finally, we suspect that you had a role in forwarding on the Notice of the Collective
meeting and perhaps adding some material by way of attachment referring to the
To assist in regards confirming or alleviating your suspicions it would be helpful if a copy of the material referred to was provided else we are both left with mere speculations which may lead to theories of conspiracy or even idle gossip. I am sure this will at some point in the future take up some considerable time and most likely will be just one of the many points raised to engender mock outrage, diversion and digression as a means of evading the issues once again in regards the tardy and dangerous activity of placing survivors in a known dangerous and high risk situation. This usually works for the deceived and assist in keeping them compliant for a while as it seemingly helps to deceptively place the perpetrator of these high risk breaches as the victim of some obscure conspiracy or personal conflict when the issue is and remains the matter of the responsibility and obligation to ensure the personal safety and the personal protection of the well being of survivors of sexual and other abuses by clergy through the application of sound practices in such circumstances.
Please be aware that such actions caused the Commissioner to engage Lawyers to
write a letter to some Collective Representatives and ourselves demanding retraction
of defamatory statements published. You might have intended such a response, but
we request that you withdraw any such publication you might have made and desist
from linking the Collective or our office with such actions in the future as we have
had to bear the cost of responding to the Lawyers' demands.
Is this reference to 'the commissioner' here a reference to Peter O'Callaghan who fraudulently represents himself as an independent commissioner and his publicly questioned activity of advising known sexually abusive priests of police investigations? A reference or citation here may help to identify what you are referring to here and may also bring some clarity in regards your statement re intent. re linking 'the Collective' to your office: this is information that is freely available in the public domain therefore I see no reason why it should be necessary in some manner to deny what is after all public knowledge.
We understand that you are in no position to donate money to pay for the legal work
needed for the Collective in this situation.
Paul, I made no request for you to conduct legal work in regards this matter and I can confirm that I would under no circumstance consider a donation towards any work for the Collective whilst survivors are placed at such a high risk of re-traumatizing as this is not only a morally and ethically unsound practice it is also a legally unsound practice as many previous legal actions and findings show.
If you wish to discuss any of these matters, please contact Paul Holdway.
LEWIS HOLDWAY LAWYERS
per Paul Holdway
Released in interest of the safety, care and protection of children and in the interests of the human community and of all peoples of the globe apposed to the denial of justice to those sexually abused and in the interests of survivors of crime carried out against those of belief and non belief in the religious systems which have and continue to abuse and to deny justice to the millions of its victims.
The safety and the well being of all must be of the first priority. There can be no safe path towards healing whilst human safety is cast aside. Healing cannot begin in an unsafe and unsound toxic environment where survivor safety and well being is secondary or non existent.
Released by John Brown Toowoomba Australia.
Telephone: +61 075 64 123 11
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