April 18, 2010
To: The Secretary General, Court of Arbitration for Sport (CAS)
Dear Mr. Mattheiu Reeb,
Good day! I write you in behalf of the Basketball Association of the Philippines (BAP) regarding our case filed with the CAS Panel against the International Basketball Federation (FIBA) and his associate, Samahang basketbol ng Pilipinas (SBP), that a decision was released but not to the BAP but to our opponent SBP who has said that since last week, they had already the decision in hand while we in the BAP strugglers to look for an answer on how and what happen to our case with the CAS?
Last March 30, 2010 we paid our dues to CAS final fee of 2,500 Swiss Franc for the release of the result to us, but it saddened us until today we got no information at all and we were surprised to see in our national dailies newspaper that we lost in our fight against the manipulating FIBA Secretariat in connivance with SBP, their future beneficiary.
In the name of God and justice, this has proven a wide spread of wrong approach, I would like to ask why until today the BAP was not provided copy of the decision? We have put our faith and trust to CAS to seek justice.
We want to know how the CAS panel did the decision not to recognize the BAP. For sure I will make my personal comment upon reading the decision. In my personal view, primarily, I had memorized the chronological event and easily to understand if our case with the CAS has been manipulated and influenced by FIBA in conniving with the SBP as the benefactor of providing the funds. Based on credential, I have great respect to German Prof. Vedder Christoph who was a professor of Sports Law from the University of Augsburg, but the other two panels which I don’t know much about them. I don’t think Prof. Christoph would make such inconsistence decision and destroy his integrity.
Secondly, the outcome of the decision is easy to understand if there was a runaway panel. Even it was a clear evident that SBP has provided the CAS panel two “Minute of Meetings” of the first Unity Congress between the BAP and the SBP where Patrick Baumann was present, one of the items stated that an election was held at 12 pm. which was the original version given to us being circulated dated February 5, 2007. Suddenly it came out when SBP filed response to the CAS late last year only (more than two years) that additional “Minute of Meetings” on same date that an election was also held at 11 a.m., this was a clear intention to manipulation the CAS investigation through fraud.
Thirdly, The Bangkok Agreement signed February 4, 2007 presided by FIBA Secretariat through the insensitive Patrick Baumann and witnessed by FIBA-Asia President and Secretary Generalwho stated that the Bangkok Agreement was not followed and respected. Shockingly, that agreement was dishonoured by no less than Borislav Stankovic in July 2009 during the FIBA Special Commission affirming the SBP as the national federation in the Philippines. In fact, the Agreement called for mergers between the BAP and SBP and will have a transitory period of one year where a total number of 87 members will vote for the new set of officers after a year expired. What happened then, SBP manipulated everything with the FIBA consent. Indeed, we the BAP followed and respected the Bangkok Agreement, instead the BAP was the one being punished and kicked out from the FIBA. It’s a horror and another fraud.
Imagine, the BAP has been a FIBA member since 1936, and the SBP has never applied for membership with FIBA and what FIBA did was conspired with SBP for the merger. Another FIBA mistake, because under the FIBA General Statute, there will be one national federation per country, and how in the hell did Patrick Baumann insist us to compromise for the merger so that the illegal suspension done by Baumann himself in July 2005 will be lifted, it was blackmail. That was another fraud.
Further, we were expecting that there should be a hearing so that clarification of issued in front of the CAS Panel will be more approachable and précised in defending our case, but in the end, the hearing was cancelled instead that CAS Panel will make a decision based on what they perceive to be correct.
Patrick Baumann told us in August 2005 to filed a case against the Philippine Olympic Committee (POC) leadership at the CAS, while we are preparing for the case to be filed in coordination with FIBA lead lawyer led by Martens who then recommended a law firm to handled it. Suddenly Baumann signed an agreement with POC when the POC visited him in Geneva. How can Baumann signed a memorandum of understanding indeed the POC was not part of FIBA structure. Worse, the insensitive Baumann himself had earlier investigated in August 2005 that the POC was manoeuvring using political means and the expulsion of BAP as POC member was inappropriate and out of proportion and yet Baumann managed to sign an MOU without the knowledge of BAP. The reason was personal evil scheme of Baumann who wanted badly a vote for his candidacy to IOC as member. This was another personal committed fraud.
Lastly, while waiting for the official document from CAS, and after I read the decision then I will make my final resolution on how the decision was done whether in a harsh way, a conspiracy or righteousness. My freedom of expression, right or wrong, I wanted the world to know about the truth.
We may file a motion for reconsideration if need be.
If we can’t find justice in the CAS, personally, I have put my faith and trust in God’s divine intervention. The truth shall set us free.
Graham C. Lim
Basketball Association of the Philippines (BAP)
Book Archive: Sport Conspiracy in Many Ways!
Cc: FIBA Asia, Europe, Oceania, Africa, Americas/FIBA Secretariat/BAP/COB
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