The email below was sent to all ASPA(Vic) members in reply to the
exchange between Harry Malcolm and Carol Johnsen. I am posting it here for the
benefit of others.
Harry is a simple down-to-earth person of superb human qualities. He
writes and speaks as he feels. The problem with Harry is that he projects a
very different image. You need to know him very closely in order to appreciate
his qualities. Without him, I could have been overrun by a coven of broomstick
commuters.
From: Mohammed A. Hegazi
To: ASPA (Vic) members
Subject: Right of Reply 24 Oct 2014
Obfuscation and half truths are no substitute for facts. I will
try to confine myself to facts related to my court case against ASPA(Vic) Inc.
Fact 1:
In 2008 Marjorie Miller and 3 other members of her committee made
allegations against me and issued a decision that I was “guilty of conduct
unbecoming a member of the Association and prejudicial to the interests of the
Association.” The procedure, by which such action was taken, might sound proper
to a simple-minded group of lay people; but under common law, which overrides
the Association’s constitution, it would be deemed illegal.
Fact 2:
In August 2011 Tess Robinson, seconded by Geoff Wright, moved a
request for an apology to me in relation to an unfounded-dated-hearsay
allegation of cheating. A competent committee would not have tabled such
unsubstantiated allegation for discussion. ASPA(Vic) members at the time were
not aware of all the facts surrounding the vindictive acts of ASPA(Vic)
committee between 2008 and 2011. Therefore, they did not support the motion.
Fact 3:
In November 2011 a meeting between 2 committee
members and myself, assisted by Harry Malcolm, was suggested. I requested that
the committee be represented by uninvolved members. I gave Carol Johnsen the
option of selecting representatives from a list of the following uninvolved
members:
Jenny Brysha
Dianne Gibson
Cheryle Jerram
Sandra Masel
Ms Johnsen refused, point-blank, claiming that my suggestion was
“unagreable”. Mediation failed because she was involved as both adversary and
mediator.
Fact 4:
In 2012 Mediation at the Dispute Settlement
Centre of Victoria
was unsuccessful because the committee was represented by members who made
allegations against me. Namely, Carol Johnsen, Marjorie Miller and Trevor
Halsall.
Fact 5:
Legal action was the only option left for me.
Neither the committee nor the membership of ASPA(Vic) can claim that I have not
exhausted all possible avenues.
ASPA(Vic) had the chance, in the last
pre-hearing, to settle the matter under the following conditions, in totality:
(a) Repealing the flawed decision of 2008.
(b) Admitting that I never cheated.
(c) The agreement to be published in the
national December edition of “Across the Board”.
ASPA(Vic), represented by Marjorie Miller and
Carol Johnsen refused. The case progressed to a hearing on 05/01/2015.
Fact 6:
An agreement between solicitors in the coming
few weeks would save the two sides the cost of briefing and hiring barristers
for the hearing. This cannot happen under a lame committee of 6 members, which
includes 4 adversaries who do not want to be exposed as biased or incompetent.
Fact 7:
I am not contesting any positions on a new
committee, at least until my personal dispute with ASPA(Vic) is resolved. I am
only interested in playing clean scrabble, where all players abide by ALL rules.
Mohammed Hegazi
Member of ASPA (Vic) Inc.
P. S.:
All of the above can be substantiated by exchanged emails.
All of the above can be substantiated by exchanged emails.
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