Justice can only be served if the Bangkok Agreement is followed and respected, Mr. Baumann!2/24/2009 February 24, 2009
Mr. Patrick Baumann Secretary General FIBA Dear Mr. Baumann, Following the letter you sent dated February 20, 2009 vis-à-vis the ceasefire and apologetic gesture reached in Kuala Lumpur on January 19, 2009, including the offer of my reinstatement to the FIBA Youth Commission by Dr. Borislav Stankovic through FIBA Asia Secretary General Dato’ Yeoh Choo Hock, I now want you to focus your attention on the ongoing struggle in the BAP-SBP leadership. I am happy to discuss with you the issues pertaining to the BAP-SBP court case. They are as follows: 1. Are we now being led to believe that any result of the judicial court case shall be recognized by the FIBA even if the Bangkok Agreement is violated? Allow me to refresh you on one instance that happened in year 2001 regarding the leadership crisis that pitted the Basketball Association of the Philippines (BAP) against the Philippine Olympic Committee (POC). For the record, the FIBA never recognized the court decision that favored the BAP, so much so it resulted in seven (7) elections during the period. Again recall another instance in year 2005 when you suspended the BAP. Our legal courts ruled in favor of the BAP at the time but the FIBA again did not recognize the decision. Now in your letter to me today, you are trying to say that you will respect any decision by our legal court system. You are saying that only now when the BAP has been an original FIBA member since 1936. Are you now saying that the court case will be the FIBA’s guide to any decision on the legitimacy of the BAP-SBP leadership, and not the Bangkok Agreement, of which the FIBA and FIBA Asia were signatories? Again, if this is so, why then did the FIBA not give recognition to the Villafuerte-Pichay faction of the BAP-SBP when in October 2008 it won a court decision in a regional court in the Philippines regarding the illegitimacy of the Pangilinan group? Why not then, and only now? That leads me to wonder why you are changing tunes? 2. To give you a clear picture of the situation, the issues regarding the merger between the BAP and SBP have been distorted so often to make the FIBA secretariat and the general public (through its paid hacks in the corrupt sports media here) believe that they are in control, and nobody else, when the exact name of the new organization as approved in the Bangkok Agreement is “BAP-SBP.” I am seeking clarification from you on this matter. The Pangilinan faction has been issuing statements, most of them unfounded, with the use of only the “SBP” – and not the BAP-SBP – as the name of the national basketball federation in the Philippines. However, the FIBA has not acted to correct this misrepresentation and has allowed the Pangilinan group to get away with this misrepresentation. Where is the name of the BAP? Again, it’s clearly stated in the Bangkok Agreement that the new organization shall be called “BAP-SBP.” Or are you now trying to say that the Bangkok Agreement, of which you were a signatory, will no longer be respected? 3. Remember that FIBA-Asia’s Dato’ Yoeh Choo Hock, Mr. Hagop Khajirian and legal counsel Mr. Gayrika Perusinghe have already informed me privately in Kuala Lumpur that the Bangkok Agreement was not followed and respected. May I ask what is your comment on this matter? For your information, FIBA Asia was also a signatory to the Bangkok Agreement and is bound to respect the document. Likewise, during the drafting of the Bangkok Agreement, you said that the POC has nothing to do with the signing of the agreement and rest assured that the FIBA and FIBA Asia are solely responsible for the agreement and no interference from the POC would be entertained. Yet the truth is, the BAP, an original FIBA member, is not getting any support from the FIBA. 4. Since as you say, you “understand and appreciate that this motion is now in front of our highest judicial appeal authority for resolution,” are you saying that the Bangkok Agreement will be set aside for the moment until our courts shall have decided one way or another who are the legitimate leaders of the BAP-SBP? This is totally unacceptable. The case is expected to reach our Supreme Court and the matter may be up for its final resolution in a year or two. Do you mean to say, the FIBA will allow the Pangilinan to rule in the next months or so in total disregard of the BAP and the Bangkok Agreement? What happens to the Bangkok Agreement, of which you were a signatory? If you were to say now that our problems are an internal matter, why then did you interfere in our affairs before and put the BAP in a bad light? Principles are molded because of its consistent application. I now ask, where is your consistency regarding matters of principle, Mr. Baumann! 5. Lastly, it has come to our conclusion that the Bangkok Agreement is beyond FIBA initiative and beyond FIBA control, I think you only have to revisit the Bangkok Agreement. You are a lawyer and you are telling us you don’t even know that the Bangkok Agreement was being violated? You even requested that I relinquish my position as BAP Secretary General for the merger to push through, and then return after the one-year transitory expires because we have the majority members recognized by FIBA and FIBA Asia. Please clear this matter. For this apparently has not been the case after the transitory period had expired! Until now, the BAP has been left in the cold holding an empty bag. Now, I will await the answers to my questions. Maybe you will seek legal assistance from the lawyer of the Pangilinan group so they might be able to answer them for you. That’s unless you have decided to mend your ways and come up with decisions that are based on what is right, just and fair. It's really up to you. It’s obvious that the Pangilinan group has been acting with high-handedness because you have been tolerating it for reasons that you know. It’s crystal-clear that the Pangilinan group has violated – and continues to violate – the Bangkok Agreement and worse, even our constitutional rights have been trampled upon. And what has the merger brought us when one side does not even respect a legal document such as the Bangkok Agreement and signatories to the agreement like the FIBA do not even admonish or punish those violators. The BAP was the faction that opened the lines for a compromised deal, but in the end, it was pushed out of the FIBA. And now you say, the FIBA will respect the decision of the Philippine courts. I ask, why only now? Why not state and do so when the BAP group led by Mr. Prospero Pichay and Mr. Luis Villafuerte went to court and our Regional Trial Court confirmed their rightful legal election held on June 4, 2008 after we had submitted all the pertinent documents to the FIBA? What is good for the goose must also be good for the gander. That’s unless the FIBA is taking sides, and prefers to align, rightly or wrongly, with the moneyed side for obvious reasons. Decency dictates that you communicate with us. But you chose to ignore us completely. And now you say, our courts must be respected, but that is only if it favors Pangilinan’s group? Pangilinan’s henchman Noli Eala, who was dismissed by our Supreme Court as a lawyer for an immoral act, has been openly running in our federation affairs. Eala and Pangilinan have been advising you that their faction will win the court case because of their strong connections with some court officials, a declaration that shamelessly boasts in public. On the subject of Eala, it was agreed upon during drafting of the Bangkok Agreement that he must have no position in the BAP-SBP merger. What made you to change your mind on Eala’s case, Mr. Baumann? Please be cautious of the lies the two have been peddling to make you believe them as gospel truth. We know they have the right connection, but we continue to ask you to make a clear stand on moral grounds. Let us be honest, Mr. Baumann. I want to work with you in an honest and honorable way. Let us be frank with each other, and as you said “As a consequence we will refrain from starting legal action.” Surprisingly, you denied such a move was planned during our one-on-one meeting in Kuala Lumpur even if I got this information from a reliable source that you had consulted Eala and Pangilinan about the matter. Please stop playing games. That is if you want to work harmoniously with other people based on honesty and credibility. It saddens many that you have been working with people of questionable integrity, such as Eala. In Eala’s case, it is not merely a personal assessment of his immoral character, for even our courts say so. Eala was disbarred as a lawyer yet who are still working with him on a marketing plan. Wake up, Mr. Baumann! Act now and save the FIBA. Respect the Bangkok Agreement. Even a blind lawyer knows the Bangkok Agreement has been violated and disrespected. For the record, FIBA Asia has also reached its conclusion that the Bangkok Agreement truly has been violated. I may feel that you are just giving us the run-around. However, I am a Christian, and I am still giving you another opportunity to rectify the mistakes you have committed not only to the BAP but also to the FIBA. Remember FIBA Asia has already stated its conclusion that the Pangilinan group has violated the contents of the Bangkok Agreement. “Justice can only be served if the Bangkok Agreement is followed and respected.” Hope to hear from you soon. Yours truly, Graham C. Lim Secretary General Basketball Association of the Philippines (BAP) cc. FIBA Asia/ FIBA Central Board Members/ Dr. Carl Menky Ching Dr. Borislav Stankovic/ Dato’ Yeoh Choo Hock.
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February 19, 2009
Dear Dato' Yeoh, Good day! Today is the one month old of our arrangement with Patrick Baumann, until this moment I got nothing even a piece of letter from them. I am tire of their maneuvering and disregard of the Bangkok Agreement, you mention that Patrick is going to call me while I wait for that to ask him the final word from him what would he say about the BAP-SBP, if negative and doesn't want to touch anything then I am deeply sorry I will personally raise against him on all his racist, conspiracy, fraud, illegal marketing and unexplained privileges. This will surely embarrass all the FIBA members but what the price I have to pay, I will just be out from FIBA and FIBA Asia, I will not commit any friendship and any relation within the FIBA and FIBA Asia, I am just honest to you Dato, I don't have anything to hide, I know within FIBA family there will be a lot of hurt feeling, but as I said, outside FIBA, I gain much of a respect because I am exposing their greed and illegal maneuvering. Dato, you know we are not going to be fool around and I will never accept this humiliation and conspiracy. Bigger plan await my attack against them, some might be affected or maybe all will be affected because this battle will surely escalated to war and damages I hope might destroy the credibility of FIBA itself. As I said, last week I visited Hong Kong and talk to Carl, Mabel, Mr. Yu to explain to them the Bangkok Agreement and they will fight for us in the FIBA Central Board but I can't wait until May 2009, maybe things will be escalated already on my fighting FIBA. Mabel told me to inform you to make a report to FIBA regarding the Bangkok Agreement which was not followed and respected, this is a heinous crime and can't be forgiven. These violation are the facts in the Bangkok Agreement that Pangilinan's group is distorting in collusion with Baumann: a. The right of the BAP to nominate of the Chairman in the BAP- SBP Unity Congress was repeatedly ignored by Pangilinan's group since Day One and the BAP nominee, Congressman Luis Villafuerte, was never invited to attend any Board meeting even if we had advised them of Villafuerte's designation. Baumann never made a move to correct this mistake simply because he was promised by Pangilinan of potential marketing revenues b. The June 4, 2008 election of the set of officers was valid and legitimate. This is the election that the FIBA secretariat should recognize. In this election, the following were voted: Congressman Luis Villafuerte, Honorable Prospero Pichay, Mr. Christian Tan as BAP-SBP Chairman, President and Executive Director, respectively. But Baumann chose to keep a blind eye to this development and instead recognized the bogus June 12, 2008 election of Manuel Pangilinan, who lacked the quorum to elect a 25-man Board and no support from the original 87-member electorate approved by the Bangkok Agreement and FIBA secretariat. The voting list of Pangilinan's group was trimmed to just 19 members. Out of the 19, five were newly created, two failed to attend, two withdrew and another pair disagreed with the bogus election. c. Baumann's letter dated May 13, 2008 was crystal-clear. A lawyer that he claims he is, Baumann cannot deny what he himself wrote. But Baumann is a different animal who does not care about his own integrity, let alone FIBA's. His actions further eroded the credibility and reputation of the FIBA secretariat. d. FIBA Asia has already investigated the matter and concluded that the election of Pangilinan was invalid due to a lack of quorum. Should we once again disregard FIBA Asia like what happened in the FIBA Asia Congress held in Kuwait in June 2006 when a resolution approved by the FIBA Asia Congress in support for the lifting of suspension of the BAP was ignored, disregarded? Is FIBA Asia without any rights at all? This is totally absurd and an injustice done to Asian member countries. e. Baumann dishonestly reported to the FIBA Central Board that the BAP-SBP held an election and it was Pangilinan's group that won the election because it was recognized by Philippine Olympic Committee (POC). Again, I remind Patrick already that the POC has nothing to do with an independent national federation and maliciously delivered to you a message that everything was settled. This is a scandalous crime that we will never forget and forgive. Baumann conveniently connived with the Pangilinan's group to come up with a conclusion without any investigation or justification. I know you care about us especially me, but if I don't have great important to FIBA Asia then that is my destined to be me. I always tell Sai Baba to help us fight those manipulators and guide you to greatness and also to give you more strength to do what is righteous to human civilization. As you advised I await Baumann calls after then, things might look in different ways, good or worse. My patience for injustice committed by Patrick Baumann and the rest is on call now, I am so sorry this matter has to end in my continue fighting, this time in different prospective against them! Take care Dato', I wish things will look positive but honestly, I don't trust Baumann anymore and don't have any fear on him, especially I don't see any clear light coming, I am sorry for that, anyone might get hurt on my issue but that is reality, "when you enter the battle zone, expect for the worse". Graham February 10, 2009
Mr. Patrick Baumann, FIBA Secretary General Attention: Dato' Yeoh Choo Hock, FIBA Asia Secretary General and FIBA Asia Executive Committee Members; Dear Mr. Baumann, On January 29, 2009, I sent you a letter after the FIBA Asia Executive Committee Meeting in Kuala Lumpur, Malaysia that you and I attended. One of my queries was what happened to my reinstatement as a member of the FIBA Youth Commission. I am still waiting to receive an official confirmation of my reinstatement, which was offered through Dato’ Yeoh Choo Hock, the Secretary General of FIBA Asia, just for me to be in the good graces of FIBA again. As I mentioned in my previous correspondence before I attended the FIBA Asia Executive Committee Meeting on January 19, 2009, Dr. Carl Ching and I exchanged communications regarding the various issues I have not in favor of you. Dr. Ching advised me to personally settle the matter with you so that the problem in the leadership of our national basketball federation in the Philippines, BAP-SBP, would be settled amicably. Because of Dr. Ching’s persuasion and my utmost respect of Dr. Ching not only as a person but also as a leader, I agreed to meet and talk to you in Kuala Lumpur if ever their will be given a chance. In return, I expect you to respect the Bangkok Agreement, of which you and FIBA Asia representatives were among the signatories. My deepest gratitude to Dr. Ching for advising me to do what is for the greater good of the FIBA and help in protecting the integrity of the FIBA family, and also, my heartfelt thanks to Dr. Borislav Stankovic. As I said, I am deeply thankful to all the members in the FIBA Asia Executive Committee. These are Dato’ Yeoh Choo Hock of Malaysia, Sheikh Saud Bin Ali Al-Thani of Qatar, Sheikh Talal F.A.J. Al-Sabah of Kuwait, Mr. Hagop Khajirian of Lebanon, Mr. Quek Hiang Chiang of Singapore, Miss Mabel Ching of Hong Kong-China, Mr. Takeshi Ishikawa of Japan, Mr. Yutaka Misutani of Japan, Miss Zhu Lan of China, Mr. Gayrika Perusinghe of Sri Lanka, Mr. Harish Sharma of India and Mr. Jaemin Lee of Korea. I also thank Mr. Li Yuanwei of China, Mr. Abdulla Al-Ansari of United Arab Emirate, Mr. Mahmoud Mashhoun of Iran and Mr. Lee Jong-kul of Korea. Very truly yours, Graham C. Lim cc. Dr. Carl Menky Ching, FIBA Life Honorary President Dr. Borislav Stankovic, FIBA Secretary General Emeritus Dr. Yu Zaiqing, FIBA Central Board Member Mr. Bob Elphinston, FIBA President Sheikh Saud Bin Ali Al-Thani, FIBA Asia President Dato’ Yeoh Choo Hock, FIBA Asia Secretary General |
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