Complaint against John Kubale and the entire committee about not being allowed to defend myself



About this email
This was the seventeenth complaint sent to the Shoalhaven Bushwalkers committee in April 2024.




From: Brett Davis

To: info@shoalhavenbushwalkers.com, John Kubale, John Souter, Sue Feary, Rick and Marg O'Shea, Jennifer Himmelreich, Ines Gale, Albert Forgan, Kynie Evison, Andy Winfield. Peter Walsh, Greg Smith

Subject: Complaint against John Kubale and the entire committee about not being allowed to defend myself

Date sent: April 15th, 2024


Hi SBW committee,

This complaint follows on from my complaint against John Kubale, John Souter and Kynie Evison re their suppression of correspondence, my complaint against John Kubale, John Souter and Kynie Evison re their non-constitutional and illegal complaints procedure, my complaint against David Campbell, and my complaint against the entire committee for their inadequate investigation process of the complaints made against me.

As we all know, I have been accused by David Campbell in his email to President John Kubale dated September 10th, 2023 with the subject of "REQUEST FOR ACTION TO ADDRESS DAMAGING BEHAVIOURS IN SBW" of disrespectful and hurtful personal attacks of Julienne McKay, as well as harassment and bullying. John chose to keep this email SECRET from most of the committee, and to ignore the requirements of the constitution and arrange a kangaroo court where no evidence was presented, where my statement that I had done nothing wrong was ignored, and where my guilt was taken for granted by John Souter, Kynie Evison and John Kubale.

After finding only an oblique reference to the kangaroo court meeting - and no reference at all to the original David Campbell complaint email - in the subsequent SBW committee meeting minutes, I informed the committee about the meeting and the email. The committee's response - apparently - was to hold a meeting, to decide that MY behaviour was "prejudicial to the interests of SBW", and to cancel my membership from the club under Rule 6 (a) of the constitution, but then to over-ride that decision due to extenuating circumstances. I was informed of this decision in the letter from the committee signed by and hand-delivered by John Kubale on March 10th this year.

If Rule 6 of the constitution had been followed correctly, I would have been "given the opportunity to present an explanation to the committee within one month or by arrangement within three months". Because the constitution was not followed, I was given no such opportunity.

When John Kubale received the complaints against me from David Campbell, and Graeme and Lyndal Lawless, he should have followed Rule 13 of the constitution. Instead of Rule 13 being followed, John Kubale decided to make up his own rules and have the kangaroo court meeting at my place, where I received no notice of the complaints prior to the meeting and was not given 14 days to prepare a defence against the allegations made against me or to make any submissions or explanations to the committee. Again, because the constitution was not followed, I was not given any opportunity to defend myself.

We now have the situation where the committee has informed the entire club of my alleged guilt. The complaint from Graeme and Lyndal Lawless about two web pages was printed in full in the minutes, and the minutes then state that a letter was sent to Graeme and Lyndal in response saying that the "committee does not endorse the disrespectful content of the posts". A similar apology was advertised in the minutes as being sent to Mary Furness. A further "letter" was sent to David Campbell to apologise for the alleged fact that the "frequency, constancy and tone of the detailed email critiques of the Proposed Safety Procedures document and process were causing undue hurt and distress to Julienne" (McKay).

Because the committee failed to follow the rules in the constitution, I have never had the chance to defend myself against these allegations which have now been presented to the club as FACTS!

Thank you to all my friends on the committee ...

Section 13 of the SBW constitution says that a complaint may be made against a member of the Club who has refused or neglected to comply with a provision or provisions of the constitution, or who has willfully acted in a manner prejudicial to the interests of the Club. This complaint is made against John Kubale and the entire committee for refusing or neglecting to comply with provisions of the constitution - namely Rule 6 and Rule 13.

Regards,
Brett


The Shoalhaven Bushwalkers committee gives a member no chance to defend himself

The Shoalhaven Bushwalkers committee gives a member no chance to defend himself and tells everyone he is guilty

































This page shows one of the 20 complaints sent by the Shoalhaven Bushwalkers webmaster to the SBW committee in 2024 about the illegal actions - in the webmaster's opinion - of various members of the Shoalhaven Bushwalkers committee.



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