A Time to be Silent |
District Court of South Australia No. 1052 of 1996 Would you like to Read the Injunction ? |
The following paper, A Time to be Silent, was written
following the granting of an injunction by the District Court of
South Australia in an uncontested action—I had no money to waste
on lawyers, unfortunately.
It was written for two reasons: |
28 August 1996 |
Following a request by Andrew Evans and some of his mates,
I have been “restrained” by the District Court of South Australia
from either sending out a particular letter I drafted two weeks
ago or from “publishing…orally in writing or otherwise any and
all of the matters set forth in the proposed letter…”
In other words, I am now prevented—on threat of indefinite imprisonment—from writing or even speaking about any of the “matters” that appeared in my draft letter of 17 August 1996. |
A life ban… |
For How Long? For how long does this restraint apply? Only “until further order” by the court. But given that I have no money to pay a barrister to fight for my rights, the realistic interpretation is that I have received a life ban from speaking or writing about the following matters IN SOUTH AUSTRALIA: I cannot report on Andrew Evans’ intentions regarding myself and bankruptcy. I cannot tell you how much AOG Fellowship money Andrew Evans boasted of setting aside to pay for various legal actions against me. I cannot tell you how much one of Andrew Evans’ lawyers claimed had already been spent back in May of 1996. I cannot inform you of what the financial implications will be for me if Andrew Evans is successful in even a minor legal point in his claim of “defamation”, particularly if he is awarded costs as well. I am banned from telling you whether the legal action against me for “defamation” is a private action or a corporate one by the National Executive. I cannot say whether Andrew Evans is the leading instigator or not of that action against me. I cannot inform you of the phone number of Enquiries/Civil section of the South Australian District Court which appears on page 311 of the 1996 Adelaide White Pages. I cannot tell you the case number of the legal action against me for defamation. I cannot suggest you quote the case number and ask the court about who exactly is suing me. I cannot tell you who Andrew Evans intends will pay the final legal bill in all this legal business. I cannot explain to you where Andrew Evans’ much prized “insurance money” really comes from. I cannot explain the real reason for the desperate legal attempts to prevent people reading the documents contained in my book The Evidence. I cannot tell you how long ago the police report on their investigation into the much publicised accusations against Greg Sowerby was released. I cannot discuss what I believe Andrew Evans should have done when that police report was first released. I cannot tell you what Andrew Evans is doing instead of promulgating the contents of that police report. I cannot tell you what legal technicality I believe will result in my losing the “defamation” case against me. I cannot tell you whether or not I wrote to Andrew Evans in January 1996 and offered to withdraw anything in The Evidence that he considered “defamatory”. I cannot tell you whether or not he rejected such a possible offer. I cannot tell you whether or not I voluntarily censored those parts of the book which were described as “defamatory” in Andrew Evans’ legal action against me. I cannot tell you about my in-laws—not how old they are, nor where they live, nor the impact that Andrew Evans’ legal action against me has had on them and the rest of their family. I cannot mention the name of the church my mother attends. Nor can I point out the potential spiritual implications of Andrew Evans’ actions for her. I cannot mention the impact of this whole saga on the non-Christians in the Insurance and Superannuation industries, or the Police Force of South Australia. I cannot discuss any complaint that may or may not have been made to the Police Complaints Authority which, on close examination, may or may not have been found to be baseless. I cannot discuss Keith Ainge’s Official Communique, especially his claim that the legal action against me is a “last resort” and whether or not “there are simply no alternatives left”.
My draft letter was largely a response to Keith Ainge’s “Official Communique” and it examined the Scriptural basis, or otherwise, of his claims. I ignored the fact that his statements were largely misleading and probably defamatory and restricted myself to discussing Scripture and the logical outcome of his claims.As a result of the restraining order, I now cannot quote, orally or in writing, from some 28 verses of Scripture taken from six different books of the Bible. I actually risk imprisonment for reading aloud from the Bible—courtesy of Andrew Evans. [Pretty amazing, considering the number of years during which I taught in Andrew Evans’ own Bible College! ] I cannot tell you about various threats of physical violence made against myself and others over the last year or so, even though these matters are known to both A.S.I.O. and the SA Police. Nor can I discuss my fears in regard to the safety of myself and my wife, even though there have been strange men banging on our front door at odd hours over the last few days and we now receive mysterious phone calls where the caller just hangs up. I cannot tell you how many millions of dollars per annum Andrew Evans has control over at Paradise AOG or how many firms of solicitors he has employed so far in this saga. I cannot venture an opinion as to whether or not the treatment meted out to me [loss of wages; slandered as a liar, thief and heathen; forced into virtual bankruptcy, with the likehood of the real thing to follow; and now “restrained” from ever speaking or writing about any of the themes listed herein—probably for life] will ever be meted out to anyone else who may or may not offend Andrew Evans and his mates in the future. I am banned from quoting Edmund Burke’s most famous statement about ‘the triumph of evil’. Nor can I mention where or when the next AOG National Conference will be held. All in all, I find myself in a truly remarkable position. |
No money for |
How is it possible? Several people have asked, How is it possible for anyone to obtain such a broad-based, open-ended restraint order with regard to the writing of a letter? The short answer is: I don’t know. And I cannot afford to pay a lawyer to explain it to me.
However, it appears that Andrew Evans’ lawyers were able to
convince a judge of two things: And, because I don’t have the money to pay for a barrister to put my side of the story, the judge was left to make a decision based on the few (carefully selected) facts placed before him.
Refusal to meet The truth is that I have met with quite a few of them:
Norm Greaves—who
was, at that time, the AOG National Secretary/Treasurer—by
telephone on 5 November 1993.
Robert Palma—who was, at that time, the officially endorsed AOG National Executive representative, at the boardroom of Minet Australia Ltd on 11 November 1993. Palma absolutely refused to acknowledge my situation or enter into any discussions. Andrew Evans—at a meeting in my home on 9 May 1994. Evans refused to discuss any of the real issues concerning the withholding of my wages, the slanderous depiction of me as a liar, thief and heathen, his unkept promises, and all the other issues. Brian Houston and Steve Penny—on 13 December 1994 at the Adelaide Airport. These two Executive members made a disgraceful game of mocking and deriding me, repeatedly saying, “Who are you?”, “What are you?”, “Where do you fit in?”, “Who are you, again?” and so on. These experiences—combined with the faxes from Robert Palma to Greg Sowerby (three of which appear in the book The Evidence) regarding the infamous “kangaroo court”, which specifically precluded me from attending—have left me with a clear understanding that the present AOG National Executive has no real interest in resolving my issues. Quite the reverse. In another, unrelated, court action by a few members of the AOG National Executive against National Mutual, the multinational financial powerhouse, they are arguing that the wages that were paid to me prior to my sacking were actually stolen and they are demanding that National Mutual refund them! So now we have a situation where Andrew Evans and his mates have consistently refused to discuss (much less resolve) my situation, but have obtained an open-ended restraining order against me on the basis that I am the one who refuses to meet to resolve the problems. Truly astonishing! |
But instead even |
‘What profit is there…?’ What profit is there to the worker from that in which he toils? (Ecclesiastes 3:9). The Bible teaches that there is no real profit to the one who labours “under the sun”—that is, without regard for God. The true profit in life comes to the one who fears God and keeps His commandments. I have faithfully kept the commandment of God to me—Do not participate in the unfruitful deeds of darkness, but instead even expose them (Ephesians 5:11). |
This “time to be silent” lasted from August to December 1996. |
But I have reached the stage where the financial demands of
the process make it impossible for me to continue exposing
these deeds. I have fulfilled my “time to speak” and now enter
a “time to be silent”.
It is the responsibility of the collective AOG pastors to decide if they want the long-standing AOG Insurance Agency scandal resolved. They are the ones who elect the National Executive and they are the ones who have the power at the next AOG National Conference—I cannot say where or when it will be held for fear of being sent to prison—to elect men who will finally do the right thing.
ISBN 1-876126-04-3 |
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Last update: 20 December 1996
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