Thursday, July 5, 2018

The Arrogance and stupidity of Lions Club of Kota Kinabalu host




Why did the LCKKHost members write to the Daily Express and lie through their teeth? I believe when people become arrogant they act stupidly like LCKKHost did.

It was when the LCKKHost wrote in response to the article in Daily Express that I realized that the person who had written to the newspaper had lied to the police and why the police had decided not to investigate my complaint any further.

I decided to write to LCIF in February 2018 and LCI responded to my mails.

luqman michel <luqmanm2002@yahoo.co.uk>
To:Kingsbury, David
8 Feb at 19:50  (This email was written in 2018 February)



Dear Mr.David Kingsbury,
Here is your email and my response.
  
The Legal Division has received the several emails that have been provided to LCIF and numerous divisions throughout LCI. 

As you are no doubt aware, the Legal Division was first notified of allegations against the Kota Kinabalu Host Lions Club for mishandling of funds and unaudited bank accounts by you on or about January 3, 2017. At that time, the Legal Division responded, informing you that a complaint should be filed under the Club Dispute Resolution Procedure (CDRP) as you were alleging violations of the club’s constitution and by-laws, and the CDRP was a mechanism established to address such complaints. It does not appear that a formal complaint was filed under the appropriate procedure at that time. 


 My response: The date you mentioned above is incorrect. My first email to LCI Legal, Finance and Administration was on 13.12.2016 and again on 18.12.2016.

As for the formal complaint I was informed by DG Eve Wong that she will come to Kota Kinabalu on 12.2.2017. Only on that date did I give her the covering letter and a bundle of documents (3 sets) and RM230 being equivalent of USD50 for CDRP procedures.

I paid her the money in the presence of President Chong Tshen Vui (President of Lions Club of Kota Kinabalu City, but she (DG Eve Wong) said she will collect the money only after she meets the president of my club – Thomas Ho Thau Phin. She however did not get back to me after that first meeting though she had promised to meet me on 17.2.2017.

I believe no PDGs in District 308A2 know anything about CDRP procedures. I again stress that I had written to you and DG Eve Wong when I was a member. Are you telling me that because these cunning members expelled me from the club before you or DG took up the CDRP, the culprits will go Scot free?

As early as August 2016 there were already conflicts between PDG John Ho, President Thomas Ho and I. I wrote emails in August and in October to all members about ‘100% perfect attendance pin and on many other matters. No one in my club at that time knew who was eligible and what the meaning of make-up meeting was. I got information on this (make-up meeting) from a PDG in US and passed the information to all members via emails.

In 12th December 2016 I wrote to all members via email and asked them if there were more bank accounts than the 2 presented to the BOD and other members.

       On 16.12.2016 a Notice of Special meeting for 3.1.2017 was
    circulated. This meeting was designed to remove me as a
    member of LCKKHost.

  

I knew that this meeting was to expel me from the club so as to ensure that I will not be able to make any official complaints to the authorities.
Here are the dates of some of the emails I had sent.
I wrote to:
i.                    PDG Bill Keller on 10.12.2016          
ii.                  PDG Lawrence Ting on 12.12.2016
iii.                PDG Dato Betty Wong on 12.12.2016
iv.                DG Eve Wong on 12.12.2016
v.                  Past President Peter Liau on 12 and 13.12. 2016
vi.                PDG Lawrence Ting again on 13.12.2016
vii.              LCI Finance , Legal and Admin on 13.12.2016
viii.            DG Eve Wong wrote to me on 14.12.2016*
ix.                PDG Laurence Ting and copied to Eve Wong, Pelly Lee, YT Tiong on 14.12.2016
x.                  LCI again on 18.12.2016
xi.                VDG Pelly Lee, Eve Wong, YT Tiong on 20.12.2016
xii.              Police on 21.12.2016 – (ie only after the notice of special meeting was circulated. This is very important: I went to the police only because I knew that once expelled I would not be able to make a complaint as I would have no Locus Standi.)

* Note: DG Eve Wong wrote and said that Lions Club is autonomous. And that any further queries were to be directed to LCI Legal.

As at that date I had not as yet made a police report as I still felt it should be resolved in-house.
I will forward any or all emails mentioned above to you at your request.

You notified the Legal division on or about February 13, 2017 that you posted certain information on Facebook, again alleging mishandling of funds and further alleging improper removal of you as a club member. You were again informed that disputes arising between members of a club or former members of a club and the club itself must be resolved under the Club Dispute Resolution Procedure, and were reminded that Lions clubs are independent legal entities and are responsible for complying with local laws and handling of its own finances. Again, you declined to file a formal complaint under the appropriate procedure and insisted that LCI investigate the matter.


My response: I had maintained on the onset that this was neither a local club issue nor one to be resolved by CDRP. Your email had also said that if matters were not resolved at District level LCI would appoint a Conciliator. I had requested for same.

Your email to me asking me to file a formal complaint under CDRP was copied to DG Eve Wong. When I wrote to her she said she would meet me when she was to arrive in Kota Kinabalu which was when I handed her the documents and covering letter.

I had mentioned that the minutes had been manipulated and that I have proof of same. Excuses given by the club for my removal included misrepresenting an International figure who is an expert in Robert’s Rule, a Mr.Kim Goldsworthy (I have a letter from him confirming that he has been misrepresented). This was detailed in the 10 page report discussed at the 8th BOD meeting. The 10 page report was mentioned in just one line in the minutes and a copy of same was not passed on to members. You are at liberty to write to Past President Lie Chin Man who is the author of the 10 page report to authenticate this information.

Another report, a one-page report, written by Lion Horace Ho Toh Chee, (an auditor of the club a few years ago), was presented at the same BOD meeting. This, too, was not circulated to members and was reduced to a one sentence in the minutes.

I believe that not complying with the Lions Constitution should be handled by LCI Legal and LCI Legal should not try and pass the buck to local authorities.

The local police have been duped into believing that excess of project funds may be used for renovation and purchase of air conditioners for the club. The Local authorities are not aware of the fact that the Lions Constitution and the Officers manual strictly prohibit this.
It was not until March 19, 2017 that the Legal Division was informed that you attempted to file a formal complaint. However, despite this, no conciliator was named by the district governor. When you inquired about the obligation of the district governor to name a conciliator on April 4, 2017, the Legal Division sought clarification from the District Governor at that time. The District Governor responded and informed the Legal Division that a police report had been filed by you in this matter. 


My response: In this country one cannot complain about a society if one is not a member. When I got wind of the fact that action will be taken against me by my club I decided to make a report to ROS (Registrar of Societies) and to the Police while I was still a member. This was just an initial report which could have been retracted anytime before investigation was carried out.
I only made further reports both to the Police and the ROS when there were no response from DG Eve Wong and your division.
Let me assure you that this is just an excuse by DG Eve Wong as she was not aware of any police report when I met her. If she did, the question to ask would be as to why she did not write to me or you at a much earlier date.
Again it is odd that you did not contact me when you received this information from the DG. Let us not forget that I had approached you while I was still a member. The club wanted to get me out so that I may not be able to make any report to anyone including DG, you and ROS.
Note: I had signed a letter from the Police on 16.8.2017 accepting the contention that the case cannot proceed as there is insufficient evidence.

As a police report was filed by a non-member for the same issues as a pending complaint, it would not have been appropriate for the CDRP process to continue, as you had been removed as a member for more than 2 months and had filed a formal complaint with the local authorities. As a result, the dispute was dismissed. Further, the Legal Division anticipated receiving a result of any investigation. As no results were provided, it was assumed that no criminal behavior was found. However, if this is an incorrect assumption and criminal charges have been filed, please provide clarification.

My response: Correction please – I made the police report while I was a member as I had no choice as there was no response from your end and I will not be able to proceed with a complaint to anyone once I was removed as a member.
Again, I made a simple complaint and only added to the complaints both to the police and to ROS when there was inaction by you and by the DG.
You said “Further, the Legal Division anticipated receiving a result of any investigation.”
From whom did the Legal division anticipate a result of any investigation?
On what basis did you assume that no criminal behavior was found?
Yes, I have now filed a Police Report to the Criminal Breach of Trust Division in Kuala Lumpur on 6.2.2018. I believe I can retract this provided you will do an investigation. I am ready to answer any question you or your conciliator may have together with documentary evidence. (I can email the whole police report that I made on 6.2.2018 to you if you need it.)
Now, tell me, please, if there should be criminal charges or not. You have been told that only 2 bank accounts have at all times been shown at BOD meetings. Only a few Past Presidents are privy to the remaining 3 bank accounts. The bank balances in the 3 accounts and a fixed deposit account have never been filed with ROS. I have written to you about this matter. According to my lawyers this is Criminal Breach of Trust with serious consequences.
I have on at least two instances asked you if you have any objection to me taking a legal suit against the club and some of the members and you have yet to respond. The way I see it, I believe I will be spared taking legal action but it would be good to have your consent.
Another thing that just came to mind and begs a response from you is, if I were not a Lion member at all and say I was informed by a Lion member that there was misappropriation of funds and I had documentary evidence of same will you not conduct an investigation?
Please be advised that in the event criminal wrongdoing was found by a formal investigation by police or other government authority against an individual Lions member or Lions club, any evidence of such findings, including formal charges or criminal indictment, should be provided to the Legal Division and additional action may be taken. However, if no formal charges have been filed and no finding of criminal behavior exists as a result of the investigation, no action may be taken and this matter shall be deemed closed.

My response: The ROS is still investigating. This case has not been finalised. The police in Kota Kinabalu have closed the file stating that I have not provided sufficient evidence as they were hoodwinked into believing that grants and donations received if used for club expenses is approved by LCI. This was reported by the club in the local papers this January.
The police were deceived into believing that the statement showing the money paid for Air conditioners and club office renovation were approved by the directors when in actual fact it was not.
Knowing the influence some of the ‘influential’ club members can have on authorities here in Kota Kinabalu I have filed another report with additional evidence derived from the news paper report by the club to the Police Head Quarters in Kuala Lumpur on 6.2.2018.
I still believe a few conciliators should be appointed by LCI and investigations carried out independent of local authorities.
As I have mentioned before this is not a club problem as I have been told by PDG’s that this is practiced by many clubs in Sabah and Sarawak.
The show cause letter by ROS to the club was issued after a whole year of investigation. ROS does not have the habit of issuing such letters and from what I know a club issued with such letters is almost certain of being suspended/ deregistered. Members involved will definitely be fined and yes, I will provide evidence of this in time to come and hope you will strip some of the members of their titles as an example to other offenders.
Meanwhile,

The LCIF website says: Rigorous grant approval and monitoring

‘The 13,216 grants that LCIF has awarded since our founding have been thoroughly reviewed before approval by the LCIF Board of Trustees. Technical advisors, external evaluators and LCIF staff conduct careful monitoring and evaluation before, during and after the project.’
How does LCIF conduct careful monitoring when you don’t act on a complaint with documentary evidence provided to you?
My David Kingsbury I would appreciate a response in detail to my email. Justice must prevail.

I will forward in a separate email my email to the Police Headquarters.
Thank you and kind regards,
Luqman Michel

1 comment:

Luqman Michel said...

DG Eve Wong wrote to me on 14.12.2016 and had said that the Lions Clubs are autonomous. This appears to be a blanket response form Lion Dignitaries. 14.12.2016 is more than one month before I was wrongly expelled from my former club.
None of the PDG's seem to know anything about CDRP and whose fault is that.