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THE JUDGE'S DECISION, THE START OF THE CISS PANDORA BOX:
JULY 29, 2001 PETITION, DAVID PETERS, THE IMAFD
Two days ago, February 9, 2002, I finally received a long-awaited letter
from the USA District Court, District Court of Maryland Judge, Mr. William
M. Nickerson.
A decision Order by this USA District Judge was reached to dismiss
my long, 39-page, 10 Exhibit-presented Verified Complaint against the
three defendans - Jerald Jordan, Donalda Ammons and John Lovett.
Wait for a pause.
The Judge's decision is not the end of the world!
The Judge, however, left for a plaintiff the room to file an Amended
Verified Complaint against the same three defendants no later than 20
days after the date of this Order, i.e., until February 25,2002.
This means that until February 25, 2002, I have the opportunity to
file my new Amended Verified Complaint ( a shortened version ) against
defendants Jordan, Ammons and Lovett at that same Court.
I have not yet decided whether to proceed with my Amended Verified
Complaint because lately I have been in touch with the defendants' attorney,
Mr. Kelby Brick, who is trying to amicably settle the matter between
his clients and me without the Court.
The two opposing parties are still negotiating the possible out-of-the-court
settlement. This is my first option as a plaintiff.
My second option will be that in case our settlement talks collapse,
I will explore in transferring this lawsuit matter to the Court of
Arbitration for Sport (in English abbreviation, the CAS, or in French
- TAS ( Tribunal Arbitral du Sport ). For more details about the background
of that Court, please see the website
WWW.TAS-CAS.ORG
In order to proceed the lawsuit with this specialized sports law disputes-Court,
both opposing parties must agree to sign a document, in which the two
opposing parties agree to the full jurisdiction of this Court.
In case the settlement talks collapse, I plan to clarify with the defendants'
attorney, Mr. Brick to see whether his clients - Jordan, Ammons and
Lovett - will agree to accept the jurisdiction of the CAS in order to
litigate my Verified Complaint or Statement of Claim.
The CAS is recognized and partially funded by the IOC and many other
International Sports Federations.
I am now in advance announcing that I am accepting the CAS' jurisdiction
fully and unequivocally.
I do sincerely hope that in the interests of justice and fairness, the
famous CISS motto EQUAL THROUGH SPORT, the three defendants will
accept the CAS' jurisdiction.
It will also be interesting to see as to how the IOC and other International
Sports Federations, including the CISS community, will view and react
the act by Jordan, Ammons and Lovett in case they all three will
refuse to submit in litigating my Statement of Claim under the full
CAS' jurisdiction.
You know that Jordan is the only deaf holder of the Olympic Order since
1995, while both Ammons and Lovett are maintaining good working relationships
with the IOC and many different International Sports Federations ( all
these organizations recognize the jurisdiction of the CAS when the
legal disputes arise with their respective sports-related matters ).
My third option will be, in case either of the two above options does
not materialize, that I will file my new Amended Verified Complaint
against the same three defendants at the same USA District Court for
the District Court of Maryland in Baltimore, Maryland, USA.
For your information, Mr. Brick has coincidentially his Deaflympic
Games connection, albeit an indirect one. His father, Lawrence Brick,
has collected a complete set of the Deaflympic Games medals - gold,
silver and bronze, which he earned by competing at the the Deaflympic
Summer Games in 1961 and 1969 as a member of the USA tennis team.
Ironically, Mr. Brick was my first and top choice as an attorney to
represent me in this ongoing lawsuit case, but, for some reason, he
chose to represent the defendants, instead!
Because there were no other available deaf attorneys of Mr. Brick's
stature, I had no other choice and I, with my incomplete law school
education, have, as a result, been assuming the representation
as my own pro se attorney in this ongoing lawsuit case. The dual job
of a plaintiff and pro se is a very tough one. However, I will try
my best to prevail in my long-sought pursuit for JUSTICE against these
three defendants - the still Pinkhasov Pinchas paranoid and CISS provocateur-in-chief,
Jordan, and the inept and "elected" and "re-elected"
CISS officials Ammons and Lovett.
Below are my new three materials which are affecting and implicating
my lawsuit case and the CISS a great deal.
THE START OF THE CISS PANDORA BOX
THE JULY 29, 2001 PETITION
Following my abrupt removal as the CISS EC Member candidate by Lovett
on July 21,
2001, my aides and I launched a petition drive among the officials
of the CISS Member
Nations who were in Rome, Italy. That petition strongly condemned the
one-man act by Lovett, who very blatantly violated a number of the Constitution
rules, especially the Rule 15. Forty national leaders signed the petition
by denouncing Lovett's suppressively
undemocratic and unlawful act against Rafael I. Pinkhasov Pinchas at
the 37th CISS Congress election session in the late afternoon hours
of July 21, 2001.
Thus, July 21, 2001 was the day of the start of so-called "Pandora
Box" for the CISS in general and for the current lawsuit defendants
- Lovett, Ammons and Jordan - in particular.
The many materials that are listed on my website under UPDATE are
also part of such a Pandora Box for the three defendants!
Here is the list of nations that signed the petition by condemning Lovett's
unconstitutional removal of Rafael I. Pinkhasov Pinchas as a candidate
for the CISS EC Member seat
position ( note: ** means a nation that made the list of the top ten
in medal winnings at the recent 19th Deaflympic Summer Games ):
**The United States of America ( USA )
**The Russian Federation ( Russia )
The Republic of Uzbekistan
**The Republic of South Africa
**Italy
**The Islamic Republic of Iran
**The Ukraine
**Japan
Moldova
Korea
The Czech Republic
Slovakia
Turkey
India
Yugoslavia
Malaysia
Greece
Portugal
Croatia
Finland
Romania
Spain
Belarus
Estonia
Mongolia
Venezuela
Kazakhstan
Georgia
Arzerbajan
Uruguay
Brazil
Argentina
Cyprus
Bulgaria
Algeria
Turkmenistan
Singapore
Indonesia
Kenya
Armenia.
Other CISS Member Nations and their respective 37th CISS Congress delegates
-**Germany ( Herr Hubert Wilhelm ), **France ( Madame Isabelle Malaurie
), Israel ( Mr. David Lanesman ), Mexico ( Senora Eugenia Rivera ),
Cuba ( Senora Miriam Meneses ), Great Britain ( Mr. Edward Webb ) and
**Canada ( Miss JoAnne Robinson) - were personally consulted about the
petition's contents during the various Deaflympic Summer Games days
in Rome, Italy, but each of them chose to take the neutral position.
The only nation - Australia, which will be the host of the next jubilee
20th Deaflympic Summer Games in Melbourne, in 2005 and home country
for the CISS Constitution rules
violator, Lovett - refused to sign the petition. The person who refused
to sign the petition on Australia's behalf was its delegate, David Peters,
a Lovett accomplice and the one who
brought publicly up the highly-slanderous and concocted charge against
Rafael I. Pinkhasov Pinchas at the 37th CISS Congress floor podium
premises ( "Pinkhasov Pinchas has four foreign passports. Is he
eligible to run for the CISS EC seat?" ).
THE SPECIAL CASE WITH DAVID PETERS
David Peters of Melbourne, Australia, earned a very special place in
my difficult and constantly-struggling life as a bold deaf individual,
who, unlike the many deaf sports leaders, has experienced the taste
of dwelling in the oppressive communistic system in the USSR and in
democracy-loving nations of the USA and Uzbekistan.
A handsome, moustachioned, bald, tall and American-football-body-sized
Peters has been since 1985 Australia's second ( after Lovett ) most
visible deaf sports leader at the Deaflympic Games - Summer and Winter.
His older deaf brother, Graham, was a friend of mine during our Gallaudet
University days some 24 years ago.I do still very fondly remember one
unforgettable event in my life. One day during the Christmas school
break vacation in 1978, Graham Peters and I were invited to spent one
night at the Cresskill, New Jersey, USA residence of Mr. James and Mrs.
Eleanor Bahan ( the deaf parents of then Mr. Ben Bahan, also a Gallaudet
University student ). This lovely and family-warm home of the Bahans
( I do still also remember Ben's sister Jill ) was the scene of an international
mini-contest in vodka drinking between the three Gallaudet University
students from the USA ( Bahan ), Australia ( Graham Peters) and the
USSR ( Pinkhasov Pinchas ).
The formerly Mr. Ben Bahan is now Dr. Benjamin Bahan, the widely-respected
Chairman of the increasingly-popular Department of Deaf Studies at
Gallaudet University in
Washington, D.C., USA.
Very sadly, Graham, later on, died of the AIDS.
Now, please note the two below-mentioned important dates.
March 14, 1999, Davos, Switzerland.
After the end of the Closing Ceremonies of the XIVth Deaflympic Winter
Games, many athletes and officials were packing their luggages up for
their home return. I also packed my own luggage up. Before I was going
to aboard the waiting bus nearby my hotel premises ( the bus was
headed to the Zurich International Airport) a moderately-drunk Peters
hurriedly ran toward me. It was around 3:30 in the very early morning.
In the hotel lobby Peters, in the presence of the two Australian athletes
- Dean Hacker, a snowboarder ( he also played basketball for Team Australia
at the recent Deaflympic Summer Games in Rome ) and Miss Fiona May,
an alpine skier, began to persuade me to buy from him his expensive
and high-quality material and Australian-manufactured hat and coat,
which Peters as an Australian official wore and prominently and publicly
showcased during the Opening and Closing Ceremonies of the Games in
Davos.
Peters, as he explained to me, was short of money ( he overspent his
money by wildly partying at the local disqoteque and bar club ). He
was afraid to go back home money pocketless. No deaf person, who
was in the hotel lobby premises during the eerie
morning hours, was able to afford to purchase the expensive stuff from
Peters.
Peters continued to beg me to buy his stuff. As a result, by having
my usual open heart, I, a financially-self-sufficient deaf person and
by reminiscing my previous warm friendship with his older brother,
Graham, decided to come to the rescue of the cash-drained Peters. I
purchased his expensive, superbly-sewn and brown-colored hat and coat!
November 3, 2000, Taipei, Taiwan.
During the Asia Pacific Deaf Sport Federation ( APDSF ) Congress morning
coffee break held at the glitzy AsiaWorld Hotel, Peter' boss, Lovett
had an audience with me, in which he was very upset because Peters did
not bring a single athlete from Australia, to participate at the 6th
Asia Pacific Games for the Deaf held in Taipei. Lovett felt that Australian
team's absence at these important regional Games was a bad public
relations and promotional venture for his nation as the host of the
coming 2005 Deaflympic Summer Games to be held in Melbourne.
Then Lovett left this hotel for good.
In Lovett's absence at the Congress proceedings in the hotel room,
Peters individually and covertly began to launch his own campaign
by begging some delegates to vote for him for the new APDSF EC seat.
When I learned of his wish, it became no problem for him because at
that Congress proceedings I, as a delegate for Uzbekistan, and because
of my multilingualism, knowledge of sports and constitution rules, was
the most articulate and visible delegate there. Because of my tremendous
personal respect for him, his knowledge of English ( the official language
of the APDSF ) and in order to honor the memory of his deceased brother,
Graham, my university friend, I decided to unequivocally encourage
and support Peters' aspirations to gain the APDSF EC seat.
For the record, at that very Congress it was I who single-handedly and
successfully re-nominated the incumbent Chou Tung of Taiwan for
the new APDSF EC ( this was done in spite of the fact that before the
elections Chou Tung publicly and repeatedly announced that he wanted
to completely cease his activities with the APDSF, which would also
automatically mean his exit as the CISS EC member from the APDSF region
).
On the other hand, under the pressure of the many foreign delegates
at the Congress, I also initially accepted my own nomination for the
EC seat, but, later on, for only one big reason, I unselfishly and
sacrificiedly withdrew my nomination.
( For the record, on that day of November 3, 2000, before the start
of the APDSF Congress election session, I witnessed a very annoying
scene in the Congress room:
the very pale and sickening face of one CISS EC official - Ammons, who
attended
the meeting as a guest. Very obviously, Ammons was very shaking and
as if she was dying
at the room scene because she did not genuinely want me to get elected
to the APDSF
EC. As a result, by not wanting to see the possible arrival of the ambulance
medics,
in case Ammons gets very ill or gets collapsed at the Congress room,
I instantly decided
to withdraw my name as one of the six already declared candidates for
the four vacant EC positions. When, at the Congress floor podium, I
abruptly announced my withdrawal from the election race, many foreign
delegates were upset, while Ammons' own face began to
shine! That was the sole reason of my unselfish and sacrificing decision
to drop out of the
election race in Taipei. To this day, however, to my much happiness,
the still cutely-faced
Ammons ( the one to whom I personally, with the blessings of Mr. Arthur
Kruger, the Father of the USA Deaf Sports, opened to her sports administration
world's "foothold" in 1978 ) is still surviving! ).
Back to the APDSF EC elections.
After an elaborate voting count, the four persons were elected to the
EC, including my personal choices Peters and Tung, at the Congress.
Later on, at a separate four-member EC meeting, Tung retained his position
as the APDSF President, while a very intelligent deaf Malaysian leader,
Mohammed Sazali, the man who also knows English, became the Secretary,
Peters - the Treasurer, and the always hospitable and warm-hearted Ismail
Karam of Kuwait, the host organizer of the next 7th Asia-Pacific Games
in 2004 - the EC member.
In the evening hours of November 3, 2000, I again met Lovett, this
time at another fashionable Grand Hotel. There I personally congratulated
him on Peters' becoming the new APDSF EC member. But, to my much surprise,
Lovett was very furious of the news by explaining the following to me,
"Why was my illiterate David Peters chosen to the EC position
without my advance knowledge and permission; he very very much embarassed
me by completely failing to bring our Australian team to Taipei; he
needs to spend more of his quality time by concentrating on the big
work of the coming 2005 Deaflympic Games in Melbourne."
When, in Rome's Olympic Stadium swimming pool premises, on July 28,
2001, I shared the above Lovett remark about Peters to Peters himself,
he reacted about this in disbelief. But he refused to believe me and
also refused to sign the petition . No question, Lovett, my lawsuit
adversary, will deny that he ever uttered such words about Peters
he made to me in Taipei. But, I, by knowing Lovett's already historical
pattern of lying, hope one day Peters will realize as to kind of "a
boss" and accomplice he had and still has in Lovett.
Now, you see as to what kind of politics and hypocricy, in order to
ensure his power retaining, Lovett plays with not only deaf foreign
leaders ( recall the case of Knud Sondergaard, the 1997-1998 CISS troublemaker
and the contents of the April 18,2001 Lovett written-letter to me) but
also with his own hometown leader like Peters.
In addition, while in Davos in 1999, I also had provided "my helping
hand" to the delegation of Australia there, which was led by Miss
Anne Bremner and Peters.
On March 7, 1999, a day before the start of the 2005 Deaflympic Summer
Games bid election contest between the cities of Melbourne, Australia
and Kosice, Slovakia, at the 36th CISS Congress, a special meeting of
the APDSF region countries was convened in the late evening hour in
a small Davos hotel room. At that meeting there were representatives
of 12 member-nations of the APDSF, who gathered for the XIXth Deaflympic
Summer Games qualification draw in football. And there, at the closed-door
meeting and in the presence of Chou Tung, the APDSF President and Emmanuel
Rossel, a Belgian CISS TD in football, I, standing in front, was the
only one, as an act of regional solidarity and support, to urge all
the representatives from these 12 APDSF countries, to vote for the
city of Melbourne as a candidate city for the 2005 Games ( to prove
this event occurrence, I have good photos in my possession ).
And "my helping hand" for Australia's Games bid delegation
worked!
The next day, on March 8, 1999, the city of Melbourne handily won the
bid in hosting the 2005 Games over Kosice, 59 votes to 33 votes. When
Melbourne was announced as the bid winner, Peters instantly reacted
like a happily crazy man ( to prove this scenario, I have a videotape
of that big day's event in Peters' life, also in my own possession
).
You see what kind of noble, extraordinary and unselfish deeds I did
for Peters in Taipei and Davos.( also for Chou Tung in Taipei). How
could Peters, later on, dare to act betrayingly and very unfriendly
toward me in Rome? Was it difficult for him to ask me in person in
Rome before the start of the elections whether I actually owned the
four foreign passports? And does Peters, a good English reader and by
refusing to sign the July 29, 2001 petition, still think that his "boss"
Lovett did not violate the CISS Constitution rules, especially Rule
15, in Rome?
Finally and most importantly, what a scandalous, provocative and irresponsibly
treacherous act Peters did to me in Rome in the late afternoon hour
of July 21, 2001!
No question, the power-hungry Lovett, was the one who influenced and
coached Peters to defamingly act against me!
Do one realize as to where were Peters' noble acts of personal gratitude
and appreciation toward me, who learned for the first time the name
of David Peters from his own older and long-deceased brother, Graham,
my university friend and one-time vodka drinking contest buddy and
rival?
Partly because I am concentrating on my lawsuit case against the three,
I have no time to bring up another legal matter - defamation of character
or libel or slander - against Peters, Lovett's own "illiterate"
man and 37th CISS Congress accomplice.
Another part is that in my whole heart, I know that much success in
organizing of the next Deaflympic Games in 2005 in Melbourne depends
on Peters, the nation's charismatic deaf leader and by knowing of the
shortage of the qualified man power in his Australian Deaf Sports Federation
of which Peters is still the President, I do not wish to distract Peters'
dynamic leadership work there by suing him for his slanderous remark
about his concoctingly so-called "my possession of four foreign
passports".
How soft-hearted, generous, charitable, patriotic and considerate
I am!
Eventually, I hope, instead, one day soon Peters ( if he has his own
courage, conscience and wisdom) will issue the public apology to me!
THE IMAFD ( International Deaf Martial Arts Federation of the Deaf )
Every day I receive a great deal of communication - the local and
international mail, facsimile and e-mail. Many people - both the deaf
and non-deaf - seek for my assistance and opinion advice related to
many different spheres of life, including the subjects of the CISS
history and deaf international sports.
Recently, a number of letters sent to me by the IMAFD officials caught
my eyes.
The IMAFD, an associate member of the CISS since 1999, has in the last
20 years or so been successfully and impressively organizing its own
World Championships in various disciplines of martial arts, including
judo and karate.
But, as I have just learned, that IMAFD is very unhappy with the Lovett
and Ammons-administered CISS. While getting familiarized with the volumnious
mail exchange between
the CISS and the IMAFD, I spotted that Lovett and Ammons, acting as
the indifferent bureaucrats, are providing the misleading and vaguely-worded
communication to the IMAFD officials.
I see that the inadequately-experienced sports administrators, Lovett
and Ammons, for the unjustified motives, are insensitive and unreceptive
to the long-sought IMAFD's desire: to include marital arts as sports
on the official Deaflympic Games program in 2005.
For example, there is a lunatically-adventurous suggestion by Lovett
to the IMAFD officials recently: get disbanded as an organization and
we, the CISS, will consider including the sport of martial arts on the
CISS-supervised Games program!
Imagine the reaction scene in a civilized sports world: Dr. Jacques
Rogge, the IOC President, telling Dr. Sepp Blatter, the FIFA President,
to disband his FIFA as an organization and the IOC, in return, will
consider of including football on the Olympic Games program!
Because there is a friction between the CISS and the IMAFD over one
major issue: Lovett's and Ammons' reluctance to include martial arts
on the official Games program, I caution you now that I will not be
surprised that one day soon the IMAFD will cease paying $200.00 annual
membership dues to the CISS Treasury and leave the organization as
its associate member. The IMAFD officials feel that they pay $200.00
to the CISS by getting nothing in return from the CISS itself, except
lip service!
To sum this matter up, it is my strong opinion that both Lovett and
Ammons are again mishandling their case with an organization like the
IMAFD. Remember, in 2001, this inept duet, interalia, mishandled the
high-profile cases of :
a) the National Sports Associations of Turkey and Norway as the CISS
Constitution rule violators;
b) the nasty banning of delegation of Kazakhstan from competing at the
XIXth Games in Rome;
c) the very belated disqualification of Osmel Sejas Rodriquez, an Italian
triple gold medal winner in the 100 m, 200 m and 400 m in the Rome
Games;
d) the highly-questionable hiring of Miss Vicki White, a hearing woman
and Ammons
roommate, as the CISS TD in Athletics in Rome;
e) the questionable treatment of the legitimately-elected CISS EC member,
Vojtech Volejnik of the Czech Republic as a security guard at the
1999 Deaflympic Winter Games in Davos and registration-type clerk at
the 2001 CISS Congress in Rome;
f) Ammons' inappropriate and inflammatory comments about the "CISS
representative from Italy" ( Renzo Corti ) and the hearing Italian
2001 Games organizers in the primarily-children-geared deaf magazine
called THE WORLD AROUND YOU, which is published by the Model Secondary
School for the Deaf in Washington, D.C., USA, recently.
In spite of the above, this year and before the start of the 2003 Deaflympic
Winter Games in Sundsvall, Sweden, I GUARANTEE you now that both Lovett
and Ammons will produce another new rule violation derived from the
three "Bibles" of the CISS - the Constitution or Deaflympic
Games or World Championships!
Overall, I feel, for a number of valid and logical reasons, very sympathetic
to the IMAFD's cause.
If I am ever elected to the CISS EC, I will work hard to find a viable
and realistic solution, which will eventually make both the CISS and
IMAFD officials very happy (I do, in fact, already have a formula to
present as to how to realistically and satisfactorily solve this very
touchy matter between the CISS and the IMAFD! ).
Remember, we are a small deaf sports world and we must get UNITED as
one close-knit and BIG DEAF FAMILY.
The sooner we do that the better!
Sportingly Yours,
Rafael Pinkhasov Pinchas
WWW.DEAFSPORTLAWSUIT.COM
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