Panning Across the Board

From: Mohammed A. Hegazi
Sent: Wednesday, 7 March 2012 11:19 PM
Subject: Across the Board

I usually get “Across the Board” in the Mail. But I had my personal home-addressed postage-paid copy of the last issue of March 2012 given to me by hand on Tuesday by the lady who looks after the Watsonia Club (Marisa Nuccitelli). I assume that it was given to her either by Dianne Gibson, who is a member of the present Committee and is also a member of the Watsonia Club, or it was given to her by Marj Miller as she attended Marj’s beginners group on Wednesday.

I think the gang wanted to make sure that I read the items that ran as follows:

KATIE ROWE – RETIRING AS MEMBERSHIP OFFICER

As you have read in the CASPA activity article in this quarter’s ATB, Katie is returning to full-time study and she has opted to also retire as the Victorian ASPA Membership Officer.

The Victorian committee thanks Katie for the efficient and comprehensive effort she has put into this position for many years and for her valuable contribution to the ASPA (Vic) committee meetings. Thank you Katie.

GWEN LAMPRE – NEW MEMBERSHIP OFFICER

And Katie has recruited Gwen Lampre to take over as our Membership Officer. Thank you to Gwen for taking on the position and any queries re membership

can be directed to Gwen at:

gwenhl@skymesh.com.au

I was curious to find out why a person with one foot in the grave would want to return to full-time study, and what sort of course would this person be pursuing. So, I sifted through the publication to find out that Ms Rowe will be studying a very demanding course in painting. So, I dismissed the thought that she could have been contemplating nuclear physics.

There was another item that attracted my attention:

CASPA AGM and Vacant Positions:

Please see elsewhere in this issue notices regarding nominations for all positions on the Council of Australian Scrabble Players, elections for which will be held at the AGM to be held on Friday 6 April 2012.

You may notice that the current CASPA Coordinator is Carol Johnsen and the Treasurer is Katie Rowe. You may want to nominate for a position, in which case you have to apply to Carol Johnsen by Friday 30 March (joke).

Hegazi vs ASPA(Vic) Part 3

Mr Bumble was not wrong when he said that ‘the law is a ass’. His only mistake was to use the article “a” instead of “an”, but you can blame Dickens for the intended slip. The grass has become greener for the proverbial ass in Victoria. In the past, I used to file a complaint with a magistrates court whenever I faced a grievance, go to court and represent myself. More often than not I used to lose on silly technicalities. This is why I set aside a decent sum for the intended case against ASPA(Vic), in order to pay a solicitor for the margin between the actual cost and the cost awarded against my adversaries, who are set to put the game to disrepute. Some sneaky devil might alert the sport correspondents of several Melbourne tabloids to the day of the hearing.

What I am trying to say is that there is a long delay before I can file the case. Courts will not look at the case before it goes through a “mediation meeting” at the “Dispute Settlement Centre of Victoria”, which is a process by which the taxpayer pays for a team of bureaucrats, who have no legal power whatsoever. Their job is to sit with litigants and ask them to be nice to one another, and settle their disputes without the need to go to court.

CJ has already declared her intention not to amicably settle by repealing the unfounded decisions, passed by her conniving subservient committee of 2008 and the hoodwinked membership of 2011, that I am a person of abominable unbecoming qualities. She is not deterred by the fact that her main actor KR has abandoned the sinking ship. Apparently KR got sick of being hissed at by the rest of the gang, for spilling the beans by telling others that she was asked to formally submit, as complaint, her piece of poorly constructed fiction. CJ must still be encouraged by TH who is adamant that the fable was ‘a case of cheating with only one witness’, even after he apologised for inflating his figure of imaginary cheating incidents.

What I wanted to tell you by the above waffle is that I am ready and waiting to go through that mediation formality, before filing the case. Someone out there is using some desperate delaying tactic.

Collateral Damage Hits WA

(Harry Malcolm)

(Archive Photo)

Subject: Life suspension of Mohammed Hegazi

To: "Glenys Lawrie"

Cc: "Mohammed A. Hegazi"

Received: Tuesday, 15 November, 2011, 6:37 AM

-- On Tue, 15/11/11, Harry Malcolm wrote:

15-11-11

Dear Glenys

I write to you as president of the West Australian Scrabble Committee,I understand that in 2008 or soon after, Mohammed Hegazi who has never played in WA was suspended for life from playing there.

This appears to follow action by the Victorian Committee which are now being exposed as at least denial of natural justice, and where cheating claims have collapsed and been apologised for by Trevor Halsall.

Examination of your Constitution in any case shows no pathway to such a decision by you and no reciprocal arrangements with other states.

I note that Mohammed Hegazi has continued to be a regular player elsewhere since that time. I am of the view that your continuing ban is illegal and a denial of natural justice.

I therefore require of you:

1) The legal basis on which you have decided you can suspend him at all, let alone for life

2) The minutes of discussion and decision when the decision was made.

or failing that

1) advice from you that the ban is rescinded and unreserved apologies are forwarded to Mohammed Hegazi.

It is simply a matter of fact that justice for Mohammed will be keenly pursued, hopefully not requiring a legal stoush.

Thank you for a prompt response

Harry Malcolm

-------------------------------------------------------------------------

From: "Harry Malcolm"

To: "Glenys Lawrie"

Cc: "Mohammed A. Hegazi"

27-11-11

Dear Glenys

Neither of us is aware of any response from you and being ignored and/or delaying by you on this issue is tantamount to bullying.

We reasonably require of you to advise us of your response, even if it is no intention to provide the documentation.

I have no intention of risking my childrens' well being in an organisation where it appears they can be bullied on a whim and hearsay.

The life suspension of a player who has never played in your state looks absurd on the face of it, so we require of you the documents that made such an action seem allowable to you, and the whole and unabridged minutes of the decision forthwith.

If legal action is necessary, we will be seeking costs, so we trust you will act with the best interests of your Association by being open and transparent.

We would forthwith otherwise require of you an unconditional written apology to Mohammed, unconditional repeal of the ban, and the apology and repeal to be published on this ozscrabble list and in the ATB.

thank you

Harry Malcolm

--------------------------------------------------------------------------

From: "Harry Malcolm"

To: "Chris Hall" , "J Walker" , "Maureen"

Cc: "Mohammed A. Hegazi" , "Glenys Lawrie"

Dear respected Committee members ASPA WA,

I have emailed Glenys Lawrie twice in relation to the WA 2008 life ban on Mohammed Hegazi who has never played in WA.

1) I have asked her for written evidence of a then existing reciprocal relationship with Vic, and noted Vic only gave him a one year ban.

2) I have also asked where in the WA constitution is there a pathway to action against him ? (your Constitution below).. I am requesting a copy of the minutes related to his being banned.

I believe the action was illegal and must be repealed forthwith

Glenys has failed to even acknowledge the emails so the matter will unnecessarily widen and/or escalate, and a non response in addition to an unlawful action fought out in the courts will bring scrabble in disrepute and unnecessary costs. If her ignoring is deliberate, it in itself is a form of bullying.

I appeal to you to urge Glenys to address the request directly, which should not be a problem if she is confident of her grounds.

Please let the other members know of this contact, I do not have their email addresses yet.

The point of my action is that Mohammed has already had an apology over the unsubstantiated cheating claims at that time (2008).

I do not want to be introducing my children to an organisation where ridiculous knee jerk reactions can be made on hearsay between buddies.

I understand most people find it hard to swallow their pride after acting impulsively but much more important is that ASPA organisations are seen as model organisations where a person cannot be discriminated against.

Thank you for your cooperation,

Harry Malcolm

0413 802 436

40 Blackwood Ave

Warburton

Vic 3799

CONSTITUTION

The WA State Government is currently reviewing the law covering Incorporated organisations and how they are run. New legislation is expected to be put before parliament before the end of the year. One key part of these changes is the need for a new set of Rules; or Constitution; and the government has offered a model set of rules for incorporated organisations.

The following is the current Constitution and Rules of the Australian Scrabble Player's Association (WA) Inc., dated July 2006.

THE CONSTITUTION AND RULES OF THE

AUSTRALIAN SCRABBLE PLAYERS' ASSOCIATION (WA) INC

(1) NAME OF THE ASSOCIATION

1.1 The name of the Association is the Australian Scrabble Players Association (WA). It is a democratic non-profit organisation of Scrabble players who meet regularly for the purpose of playing social and competitive word games.

(2) PURPOSES OF THE ASSOCIATION

2.1 To provide members with an opportunity to meet at suitable venues.

2.2 To publish a regular newsletter and supply information to all players wishing to know more about word games.

2.3 To encourage regular social and competitive activities for members, to assist clubs in the organisation of tournaments and to hold an annual State Championship.

2.4 To encourage interest and involvement of members in activities throughout Australia and overseas.

2.5 To develop standards and ethics of play.

2.6 To encourage and assist local clubs.

2.7 To disburse the property and the income of the Association solely towards the promotion of the purposes of the Association.

(3) QUALIFICATION FOR MEMBERSHIP OF THE ASSOCIATION

3.1 A person may, subject to the approval of a general meeting and agreement to abide by the rules of Scrabble as set by the Australian Scrabble Players Association (WA), become a member of the Association upon payment of an annual subscription, the amount of which will be determined at the Annual General Meeting and will become due on July 1 each year.

(4) EXPULSION OF MEMBERS OF THE ASSOCIATION

4.1 The Committee may expel a member when his or her conduct is deemed to be unbecoming or detrimental to the interests of the Association, or to bring the Association into disrepute.

4.2 The Committee shall communicate, either orally or in writing, to the member notice of the expulsion and the date of the general meeting at which the expulsion was decided.

4.3 The person expelled shall be given 30 days to appeal in writing against expulsion.

4.4 A general meeting may confirm or set aside the decision of the general meeting to expel the member.

(5) REGISTER OF MEMBERS OF THE ASSOCIATION.

5.1 A Register of current financial members will be maintained.

(6) ANNUAL SUBSCRIPTION.

6.1 An annual subscription is to be paid by each member, the amount of which will be determined at the general meeting held prior to the Annual General Meeting, and which will become due on 1 July of each year.

(7) ANNUAL GENERAL MEETING OF THE ASSOCIATION.

7.1 An AGM is to be held once each year.

7.2 A quorum will be at least one representative from at least half the metropolitan clubs.

7.3 Written submissions will be requested from country clubs to ensure their representation.

(8) COMMITTEE HAVING MANAGEMENT OF THE ASSOCIATION

8.1 The Committee shall consist of the delegates/representatives attending from each club.

8.2 The positions of office will be a State Co-ordinator, President, Treasurer, Secretary, Ratings Officer and a Publicity Officer. The State Co-ordinator will liaise with the association in other States of Australia.

8.3 The election of persons to positions of office will occur at the Annual General Meeting. Such persons will hold office for one year. In the event of a vacancy, the committee may appoint a member to fill the office.

8.4 A quorum will be at least one representative from at least half the metropolitan clubs.

(9) PROCEDURES OF GENERAL MEETINGS OF THE ASSOCIATION.

9.1 A minimum of four (4) general meetings will be held each year.

9.2 Members will be advised by circular of impending general meetings.

9.3 Minutes of meetings will be circulated to all committee members and club representatives.

(10) DISSOLUTION OF THE ASSOCIATION

10.1 In the event of the dissolution of the Association the surplus funds and property will be distributed to the Association for the Blind of Western Australia (Incorporated).

(11) PROPERTY AND INCOME OF THE ASSOCIATION.

11.1 The property and income of the Association shall be applied solely towards the promotion of the objects or purposes of the Association and no part of that property or income may be paid or otherwise distributed, directly or indirectly, to members of the Association, except in good faith in the promotion of those objects or purposes.

(12) FUNDS OF THE INCORPORATED ASSOCIATION.

12.1 The funds of the Incorporated Association are deposited with the StateWest Credit Society Limited (previously known as API Auscom Credit Society).

12.2 Books of account will be maintained by the Treasurer.

12.3 An Annual Financial Report will be presented to the Annual General Meeting each year.

(13) CUSTODY OF RECORDS AND RESOURCES OF THE ASSOCIATION.

13.1 An office bearer of the incorporated association will be the custodian of the records, resources and equipment which is the property of the incorporated association.

(14) INSPECTION BY MEMBERS OF RECORDS AND DOCUMENTS.

14.1 Records and documents are presented at each general meeting and annual general meeting for inspection by members.

(15) AMENDMENTS TO THE CONSTITUTION AND RULES

15.1 The Constitution and Rules of the Association may be amended, added to or deleted from at a general meeting by special resolution and must be registered in accordance with the Associations Incorporation Act 1987.

15.2 To proceed the amendment must be voted for by 75% of the members voting at the meeting.

Issued: 1 July 1996

--------------------------------------------------------------------------

So far, I am not aware of any response to Harry's three emails. I think that South African jewish migration stopped in WA and never had much contact with civilisation on the East Coast.

Hegazi vs ASPA (Vic) Part 2

Dear ASPA member

Since I do not operate in the dark, it becomes incumbent on me to continue to inform you about the developments of this serious case. Any ASPA member could face intimidation by a regional committee of ASPA. In theory, being on a committee of any non-profit association is more of a burden, to be carried by dedicated people who are willing to spend time and effort for the sake of the welfare of other members. In reality, some associations become plagued with committee members, especially presidents, who are autocratic power-hungry freaks. Such persons believe that they can control others and in the process, they tend to contravene common law.

If you are not familiar with this case, here is a summary of it:

In 2008, the committee of ASPA (VIC) invited, sought and collated a dossier of trivia, in the form of 12 so-called submissions against me, detailing laughable flimsy accusations, inclusive of a couple of absurd-makeshift-dated-hearsay accusations of cheating. The obvious aim was to sully my reputation as a fair scrabble player. An enquiry by that committee, where many of its members doubled as adversaries, unanimously decided to ban me from playing in Victorian tournaments for one year. ASPA (WA) offered support for ASPA (VIC) by banning me from playing in WA for the remainder of my natural life. (Forget about the fact that I never played nor intended to play in WA).

On 5 October 2011, I requested ASPA (VIC) to either forward to me within 28 days a written apology or to face legal action, since they committed serious errors in law. Since that date, the following cut-and-paste correspondence took place:

======================================

On 31 October 2011 17:59, carol johnsen <caroljscrabble@gmail.com> wrote:

Dear Mohammed,

Further to your email of 5 October 2011 I am writing on behalf of the ASPA (Vic) Inc Committee.

In your email you detail your concerns regarding the process adopted by the Committee in 2008 in respect of various complaints relating to your conduct. This process ultimately led, on 18 September 2008, to a decision by the Committee that you were guilty of conduct unbecoming a member and you were suspended from attending or participating in all ASPA (Vic) Inc tournaments for 1 year commencing on 1 November 2008.

In your email you also note that unless the Committee responds with an unconditional and unequivocal written apology within 28 days of your email, you intend to initiate legal action under the Associations Incorporation Act 1981 (the Act), specifically in relation to alleged contraventions (by the Committee) of sections 14B and 14C of that Act.

As you can appreciate the Committee takes such threats very seriously.

In the interests of preserving the limited funds of our Association we have not sought legal advice in relation to your email. However, the Committee has had the opportunity to consider the grounds on which you have stated that you wish to take legal action as well as the relevance of the provisions to ASPA (Vic), our constitution, and the particular circumstances of your case.

We have noted below our common understanding of the requirements of section 14B and 14C of the Act and our collective belief that the Committee has not acted in contravention of either of these provisions. As noted above, these conclusions are not based on legal advice but are a genuine attempt by the Committee to consider, and ensure that we have operated in accordance with, the relevant Associations legislation.

SECTION 14B

In essence section 14B of the Act requires that:

· the rules of an incorporated association must set out a grievance procedure for dealing with any dispute under the rules between a member and another member or a member and the incorporated association.

· the grievance procedure must allow for natural justice to be applied.

We consider that each of these requirements has been met by ASPA (Vic).

Specifically:

· ASPA (Vic) has a grievance procedure (refer section 11 of the Constitution and Statement of Purposes for the Australian Scrabble Players Association (Vic) Inc (the Constitution))

· this grievance procedure is consistent with the grievance procedures detailed in the model rules for incorporated associations published by Consumer Affairs Victoria

· the grievance procedure was followed in relation to your case.

Specifically:

– the committee notified you of the complaints regarding your conduct on 1 September 2008, and provided you with an opportunity to address the substance of the complaints;

– the Committee held a Special Committee meeting on 18 September 2008 which you attended along with a support person (your son);

– during this meeting you were provided the opportunity to address the Committee’s concerns, which you did;

– following due consideration of all relevant matters, the Committee passed a resolution that: “In accordance with Rule 10.1 of the ASPA (Vic) Inc Constitution, we find that Mohammed Hegazi has neglected to comply with these rules and is guilty of conduct unbecoming a member and prejudicial to the interests of the Association, and that he be suspended from attending or participating in all ASPA (Vic) Inc. tournaments for 1 year commencing Saturday November 1st, 2008.”;

– In accordance with our Constitution, a further Special Committee Meeting (to which you were invited (by letter on 22 September 2008), but did not attend, nor make any submission) was held on October 16, 2008 to ratify the above resolution. It was passed unanimously; and

– on 18 October 2008 the Committee formally notified you in writing of the Committee’s findings and also detailed your right of appeal (as provided for in our Constitution).We also note that the grievance procedure provides the opportunity for you to seek appeal of any decision by the committee, and that you chose not to exercise this right. We note that it is now almost 3 years since the decision of the Committee was made in relation to your case.

SECTION 14C

Further, we are uncertain of the particular cause of action you would have in respect of section 14C.

Oppressive conduct is defined in the section and includes conduct that is unfairly prejudicial to, or unfairly discriminatory against, a member of the incorporated association or contrary to the interests of the members of the incorporated association as a whole.

We note that this section was introduced into the Act after the decision of the Committee regarding your conduct.

While we do not therefore consider that there is a cause of action under this section in relation to conduct in 2008, we equally do not consider that the Committee has engaged in any conduct which was unfairly prejudicial or discriminatory in relation to you or any other member. As noted previously our intention has simply been to respond, in accordance with the rules of our Association, to a number of complaints that were made to ASPA (Vic) regarding your conduct

Of course if you wish to take legal action this is entirely a matter for you. ASPA (Vic) will then seek legal advice to enable the Association to respond properly on behalf of all of our members.

We invite you to discuss your issues in a meeting with 2 members of the Committee at the Box Hill Senior Citizens Centre or, if you wish, the matter can be progressed to mediation at the Department of Justice.

In the meantime we urge you to reconsider your position and look forward to rebuilding a positive relationship between you and the Association. We also note that you may have some suggestions for ways in which the ASPA (Vic) rules may be enhanced, and we would be pleased for you to raise these through the usual channels.

As you can appreciate, with your legal action potentially pending, the Committee must ensure, on behalf of all Victorian Scrabble players, that it does not inadvertently prejudice the legal position of the Association. I have therefore requested that Committee members refrain from emailing or communicating with you informally (and in their individual capacity) on this particular matter.

Yours faithfully,

CAROL JOHNSEN

President

ASPA (Vic) Inc

----------------------------------------------------------------------

On Wed, Nov 2, 2011 at 12:14 PM, Mohammed A. Hegazi <mohammedhegazi@gmail.com> wrote:

Dear Carol,

Your own interpretation of sections 14B and 14C is a flawed attempt at self justification. A basic principle of common law is that you cannot act as judge in a dispute of which you are a party. This applied to yourself, Marj Miller, Barry Harridge, and Dorothy Barraclough. In a court of law, the findings of the 2008 Committee, as to my alleged poor conduct, would be deemed null and void. Let alone the fact that the embellished trivia in the twelve so-called submissions, and the subsequent ruling that I was found "guilty of a conduct unbecoming a member", would invoke the wrath of any magistrate.

I will accept your offer with regard to a meeting with two committee members, on condition that such members are impartial with no vested interest in the outcome of the meeting. This can be achieved if the two members were not on the 2008 committee, or members who made false allegations against me. The following four committee members, in alphabetical order, would satisfy this condition:

Jenny Brysha

Dianne Gibson

Cheryle Jerram

Sandra Masel

Otherwise, we may progress directly to mediation at the Department of Justice. There, a legal practitioner would highlight to the committee all the errors committed in 2008 and 2011. You may then weigh the risks of a court case and opt for my requested unconditional and unequivocal written apology, at no cost to the Association.

I would still urge you to seek proper legal advice. An initial legal consultation would be much cheaper than hiring a hall for the proposed meeting. Please rest assured that the welfare of the Association is uppermost on my mind. Any future financial loss incurred would be due to mismanagement.

Yours truly,

Mohammed Hegazi

----------------------------------------------------------------------

On 2 November 2011 21:13, carol johnsen <caroljscrabble@gmail.com> wrote:

Dear Mohammed,

The members of the committee have considered that the conditions under which you would want a grievance meeting, i.e., involved committee members, is not agreeable to us.

In the circumstances, we suggest that, if you so wish, you may progress your grievance to a mediation with the Department of Justice.

Yours faithfully,

CAROL JOHNSEN

President, ASPA (Vic)

----------------------------------------------------------------------

On Fri, Nov 4, 2011 at 1:02 AM, Mohammed A. Hegazi <mohammedhegazi@gmail.com> wrote:

Dear Carol,

I am of the opinion that mediation is more suited to efforts exerted by our colleague Mr Harry Malcolm, for the purpose of reforming the constitution, in order to bring ASPA (Vic) in line with modern non-profit associations, and to curtail the harmful autocratic manner of running it. However, I will join the effort of Mr Malcolm, rather than initiate a duplicate mediation track.

As to my specific grievance, I regret to advise that you have blocked every possible avenue for reconciliation I have tried to open. You also refused to take my advice and seek proper initial legal consultation. Although I believe that only a court ruling would convince you that you have erred, I will await the outcome of mediation before taking legal action. Please confirm that the postal address of the Association for the purpose of process service remains:

The Secretary

Australian Scrabble Players Association

25 Alfred St

Templestowe Lower 3107

Yours truly,

Mohammed Hegazi

----------------------------------------------------------------------

From: carol johnsen <caroljscrabble@gmail.com>

To: Mohammed A. Hegazi <mohammedhegazi@gmail.com>

Cc: andrew fisher <aphis99@yahoo.com>; carol johnsen <caroljscrabble@gmail.com>; Cheryle Jerram <cheryle.jerram@bigpond.com>; dianne gibson <diannebgibson@gmail.com>; Jenny Brysha <jennybrysha@gmail.com>; katie rowe <iratekow@bigpond.com>; marjorie miller <mjwm@connexus.net.au>; Norma Fisher <Noray2@optusnet.com.au>; sandra masel <masel@netspace.net.au>; Trevor Halsall <trevor_halsall@hotmail.com>; Trevor Halsall <trevor_halsall@medibank.com.au>; harry malcolm <hmalc@yahoo.com>

Sent: Saturday, 5 November 2011 10:34 AM

Subject: Re: Reply to your email of 5.10.11.

Dear Mohammed,

The contact address, as advertised on the national website, is The Secretary, ASPA (Vic) Inc, c/- 25 Alfred Street, Templestowe Lower, 3107. (Marj Miller is not the Secretary. Marj maintains the enquiry centre and is the Ratings Officer on the committee).

Regards, Carol

----------------------------------------------------------------------

From: harry malcolm <hmalc@yahoo.com>

To: carol johnsen <caroljscrabble@gmail.com>, Mohammed A. Hegazi <mohammedhegazi@gmail.com>, andrew fisher <aphis99@yahoo.com>, Cheryle Jerram <cheryle.jerram@bigpond.com>; dianne gibson <diannebgibson@gmail.com>; Jenny Brysha <jennybrysha@gmail.com>; katie rowe <iratekow@bigpond.com>; marjorie miller <mjwm@connexus.net.au>; Norma Fisher <Noray2@optusnet.com.au>; sandra masel <masel@netspace.net.au>; Trevor Halsall <trevor_halsall@hotmail.com>

5 Nov 2011

Hello Carol and Committee

The correspondence you forwarded from Mohammed makes it all the more imperative that all 10 members of the committee have a full understanding of the issues, their foundations and their implications.

I will need 10-20 minutes to specifically go through (1) the cheating allegation in particular, (2) the 12 allegations together and finally (3) why events since exercising my right to raise a grievance in fact evidence my grievance.

I do not have confidence that the matters will be enlightened upon by second hand relay from the defendants.

I have also therefore have decided to ask Mohammed to accompany me at the committee meeting.

At some stage the committee has to be a group exercising decisions, not just one or two refusing to take legal advice and causing the matter to blow out of proportion.

Neither Mohammed or I want to take legal action but in the face of refusal to discuss as a committee and refusal to take your own legal advice, you will leave us no option.

If the committee is delegating you to act for them, so be it, but I believe they would reasonably rather be informed and articulate on the matter, than possibly face at some stage explaining why they chose not to be, or why persons not involved in the matter were not drawn from the committee to handle the matter.

As I say, the issue is on the table only, it is not personal, I have been passive and procedural and that is how we should all act.

thank you

Harry Malcolm

----------------------------------------------------------------------

Re Committee meeting Nov 10 2011

Monday, 7 November, 2011 7:13 AM

From: "Harry Malcolm" <hmalc@yahoo.com>

To: "carol johnsen" <caroljscrabble@gmail.com>, "Mohammed A. Hegazi" <mohammedhegazi@gmail.com>

Cc: "andrew fisher" <aphis99@yahoo.com>, "Cheryle Jerram" <cheryle.jerram@bigpond.com>, "dianne gibson" <diannebgibson@gmail.com>, "Jenny Brysha" <jennybrysha@gmail.com>, "katie rowe" <iratekow@bigpond.com>, "marjorie miller" <mjwm@connexus.net.au>, "Norma Fisher" <Noray2@optusnet.com.au>, "sandra masel" <masel@netspace.net.au>, "Trevor Halsall" <trevor_halsall@hotmail.com>...

The issues pre Nov10 2011

Mohammed joined scrabble competitions and had an immediate genuine and worthy concern about cheating in the way tile bag rule was not being observed.

Mohammed was NOT given reasonable support by direction to TDs to remind players as they were lapsing on this rule, and was left to enforce proper use by fair complaint.

Mohammed kept a public blog on how rule breaking was happening.

He was reluctant to name names and only did so under pressure.

When he named President Marj Miller, his concern was not taken seriously and he was subject to an improper campaign of privacy breach and vilification.

The full blown elements of bullying took over with Mohammed reduced to singleton status, not taken seriously, the butt of sneer, and as a person with no redeeming features.

Mohammed was suspended on the basis of numbers of allegations, NOT on substantiated claims which natural justice (procedural fairness) behoves the Committee to make.

Some of the allegations start with "my account" suggesting they have been asked for.

Most of the allegations don't have an allegation of an action by Mohammed in them.

Any allegations made were biased, short of relevant information, poorly handled and came down to trivia dealt with routinely with other players in the past.

It is not acceptable for Carol to make emotional , summative, opinionated and embellished remarks on a factual matter, to then justify that she is going to run an investigation, and then lead judgement on her own action.

The actions of the committee were naive, uninformed, oppressive and judgements made by first hand associates of the complainants.

The process available for Mohammed to appeal was unreasonable and unworkable.

The bullying has run onto Harry who has lodged a grievance that such a process, in defiance of natural justice, has happened in an organisation his children could be playing in within a few years.

This flow on evidences the very concern of Harry's grievance.

The committee provides no reasonable manner by which a Victorian player is allowed share their concerns with other Victorian members.

The outcome expected is that ASPA Vic will repeal the matters raised above, and will get their rules and information up to date within the expectation of model organisations and corporations.

NB Correspondence with Michael Tang, who suspended a player based on collective notifications and then his own direct observance of the alleged cheating, showed the issue of how the bag is used is paramount to disabling cheats.

1) The Katie Rowe allegation.

Katie was asked to make a written complaint 5 months afterwards where she had not wanted to.

She had no admissible evidence that Mohammed cheated or had reason to cheat or details.

The opportunities to collect admissible evidence were not taken at the time.

No player would reasonably expect a dated hearsay allegation to be upheld.

There were numerous ways a mistake could have been made in thinking a tile had been moved.

2) The time clock matter

Mohammed was an inexperienced player

There are several models of time clocks.

Time clocks rarely run into over time.

The clocks going over time are not immediately obvious in their display.

There is no evidence that Mohammed did anything but misunderstand the clock.

Once he understood he was compliant.

3) The calling of a wrong score

Previous occurrence of this have been handled as silly, which it is.

Calling out a wrong score is not listed as cheating in any ASPA organisation.

Suggestions by Carol that suspensions were linked to this occurring before are denied by the person named who says he was never suspended from playing. Therefore documents need to be produced for the Committee. (Carol also asserted Marj did not speak against Mohammed's motion)

The committee has not concerned itself with consistency of penalties.

An Australian WSC player who cheated at the highest level by dropping a tile into a coffee cup in an close Australian Championship game was only penalised "put the tile back on the rack and lose a turn"

An appropriate penalty for a silly deliberate blatant wrong score call, which might achieve a few seconds of clock time, would at worst be to add two minutes to the offenders clock.

In summary there is no evidence that Mohammed has ever cheated, and the allegations collapse under audit to substantiating nothing other than hostility towards him existed.

Accounts of TD adjudication appear that on reflection matters could have been handled better and reported better.

I am ashamed of the reckless actions against fellow member Mohammed, whom I point out I have no other prior affiliation with. It’s shameful that while we play near his home at Box Hill he has to go interstate to find a welcoming group of players.

The Committee has shown no concept of the mental anguish and grief false allegations "substantiated on hearsay" cause on a person. Reasonable support measures were not put in place including a support person once he faced allegations.

Trevor Halsall has let the defaming impression that Mohammed is a cheat circle the world without withdrawal or apology, and attacked me by email. He must stand down from the Committee.

50% of players outside of the committee were not prepared to vote to uphold the committee's decision, even where players were barrelled on the day with spite about Mohammed with no bearing on the matter of the motion. This also violated his privacy but has now fortunately led to the whole baseless decision being exposed.

I would say to committee members that I was looking for preparedness to put the issue on the table and neutrally review it. I do not think Carol's absence should delay any mediation under the Dept of Justice so I would therefore advise the Committee members to be ready and each apprise themselves of the facts.

I believe the Committee should be represented by its members who are NOT involved with making allegations, and will be putting this to the Dept of Justice if we go to that step. I think the failure of the Committee to take one session of legal advice will be poorly regarded.

I see it is relatively simple to concede that despite best intentions the matter was not handled within natural justice requirements, and that the decision is repealed and other states will be notified. Further, clear rules and requirements related to cheating and other allegations will be put in place asap.

I would then think an apology in ATB would be appropriate and welcoming his return to play, though I think many many players would like more information.

Then suddenly, the matter will be over and one step back two steps forwards towards being a model organisation.

Harry Malcolm

I have produced this note since I am not getting clear information on the Nov 10 committee process, where Mohammed and I expect to be in attendance the full meeting, and that if 8 members are choosing(?) to not know the details, this might change that view.

======================================

This should be my last missive to ASPA members. If you want to follow further developments, you may find them later on my personal scrabble blog:

http://scrabbledetective.blogspot.com/

====================================================

If you received this message in error, or if you do not wish to receive messages from this email address please reply with the word UNSUBSCRIBE in the subject field.