Why the Plaintiffs did not requisition for an EGM

SPECIAL NOTE :

This is an additional note from the Plaintiffs in response to the many offers of financial contribution from our readers to cover the legal cost incurred.

Thank you all for your offer to contribute towards the legal cost.  With the empathy of the high court judge our legal cost to the defendants is only RM7,000 and not the RM100,000 requested.  Our two lady lawyers have been on the case for almost three years and they did it pro bono, i.e., foc.  The legal cost and disbursements have been covered by some core TTG members.  We thank you once again for your willingness to be part of this journey for righteousness sake.

Our two lawyers did a fantastic job at the hearing.  They served out of a sense of indignation and a passion for justice and righteousness to be restored to Calvary Church.   You can bless and encourage them with a word of appreciation through a thank you note or an email message via CT email : calvarytoday@gmail.com

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This article was emailed to CT by one of the Plaintiffs.

Many have asked why the Plaintiffs did not exhaust all the avenues available to them in the Constitution before going to court. Why did they not requisition for an EGM?

The reason is that the provisions in the Constitution were engineered to make that almost impossible. There are provisions for members to requisition for an EGM but the requirements are there to make sure we cannot do it.


The Constitution in Rule IX.(1) provides that the quorum for any general meeting shall be “one-fourth of the total voting membership of the Church”.

However, this is modified by the next clause that says,

“If within half an hour from the time appointed for a General Meeting a quorum is not present at the said meeting, the Voting members so present shall by a two-thirds majority vote resolve that all Voting Members so present shall constitute a proper quorum for such a General Meeting, notwithstanding Rule IX(1) above…”

This means that, at the extreme, just one Voting Member present would be enough to form the quorum. After half an hour he can vote and have a unanimous decision that he is the quorum.

However, the above provision is not applicable if the General Meeting was requisitioned by the members. Let’s say that there are 800 voting members. To requisition for an EGM we would need to get at least 200 (one-fourth) Voting Members to sign.

After that the requisition would be handed to the Board. The Board then has 30 days to convene the meeting. If they failed to do so the requisitioning members can hold the meeting. However, the quorum for such a meeting that had been requisitioned by the members is now 400 (one-half) Voting Members.

Although the Plaintiffs were confident of getting the 200 signatures they were however not confident that at least 400 would turn up. PG and the Board with its propaganda machinery through the Life Groups could easily persuade the Voting Members not to be present for the Requisitioned EGM by the members. They could be intimidated not to be present with “your position could be at risk” talk.

Therefore, the requirements in the Constitution made it almost impossible for the Plaintiffs to successfully requisition for an EGM.

Previously, the average attendance for an AGM is 60% to 70% of the Voting Membership. However, at the recent EGM held on the 20 May 2011, the attendance was only slightly more than 200 Voting Members.


So, in view of the requirements imposed for requisitioning for an EGM, the Plaintiffs instead tried to have their Resolutions put before the members at the 2009 AGM. They just wanted the members to decide and be allowed to exercise their rights as Church Members to vote but PG and the Board refused to even allow the members to make their decision.

There is a "feel good" clause in Rule IX which says, “The full powers of administration of the Church are vested in a General Meeting of the church members.”

We now realise that that Clause is a lie. It was placed there to make the members feel good. Members at a General Meeting do not have full powers of administration. This is just a hanging statement, and there are no subsequent provisions to support this statement.

Instead, all subsequent provisions in the Constitution give full powers to the Board as seen in Rule XIV which states that Board is “…the sole authority for the interpretation of the Rules and By-Laws.” 

This was the Clause that the Board used to throw out the Resolutions submitted by the Plaintiffs. The Board is given full authority to interpret the Constitution to their own advantage.

We are now in bondage to the Constitution that was most cleverly crafted by PG in 1985. At that time we all thought he could do no wrong. We all voted for the Amended Constitution without understanding its implications. Some actually did have private meetings with PG at that time to voice their concerns about the absolute powers given to the Board but yet voted for the 1985 Amended Constitution. We were blinded by our trust in PG as the Senior Pastor of Calvary Church.

If the Constitution is so badly flawed why not change it?

Ah! Yes, but only the Board can make changes to the Constitution, not the ordinary Voting Members because,

Rule XV(1) says, “…no resolution to amend the Rules and By-Laws shall be brought before the Church by the Board of Deacons unless it has the support of at least two-thirds of the Board of Deacons.”

So unless the Board initiates THE CHANGE, there can be no changes to the Constitution.
The Board would not initiate it unless PG approves of it.

The Constitution Review Committee had been in existence for more than two years, since the start of this CC Saga, yet nothing has happened until today. The only amendments made were those recommended by the Financial Task Force pertaining to the appointment of External Auditors and a Financial Controller for the Church.

Until today the Financial Controller has not been appointed. This shows that PG and the Board has just put it all up just as window dressing and lip service to pacify the members when things were getting hot at that time.

The Plaintiffs recognized that changing the Constitution is most important for things to improve in Calvary Church. In the recent court-assisted mediation the Plaintiffs proposed that the Church Board set up an Independent Committee comprising the two sets of lawyers “…to review and draft such amendments as would be appropriate for a congregational church with such checks and balances, structures and procedures as are necessary for good church governance”.

PG and the Board rejected it. They are not interested in good church governance. They are only interested in maintaining the structure that had protected their power base including the power to control more than RM100 million of assets belonging to the Church, rightly said as belonging to the Members of the Church.

No body gives up power willingly. It would require a popular uprising. But PG is smarter than most leaders. There can be no popular uprising in Calvary Church. He had removed the threat before it can happen. He got rid of all those whom he thought could be part of the uprising. He got rid of whole families. This action by PG was endorsed by the Board and the Associate Pastors.

When questioned how this could happen they just kept quiet, unable to give any reply. They are equally guilty of this crime against the members, the purging of members which is not unlike ethnic cleansing.

So we see now, the Calvary Church Constitution which was so cleverly and deceitfully crafted by PG in 1985 that today in 2011, when tested, we see the extend of its power that even the High Court cannot give us, the members of Calvary Church due justice.

However, today we recognise God’s hand in leading us, the members of Calvary Church, to expose this deceit embedded in the Calvary Church Constitution which was so cleverly hidden all these years.

If God is not with the Concerned Members, then how could a small group of members cause such a stir in a large Church Organization such as Calvary Church, Kuala Lumpur which is pastored by a world renowned man?

What was hidden from the Church Members is not hidden from God. God knows everything and He will expose all sins and wrong doings especially those done under the guise of His matchless Name.

What is the expose that we feel God has revealed and warned us about, through this Calvary Church Saga?

The Constitution of Calvary Church is so powerful that even the high court cannot give us due justice. The danger now is that domineering Pastors, Pastors of independent churches and AOG churches, Pastors that are not under the oversight of a denominational authority or those registered as a Berhad or a Society, will take the Calvary Church Constitution as their model.


These churches are not governed by any law or authority. They are an authority unto themselves. If you are attending such a church beware. No one can help you when there are financial mismanagement or abuse of power. The AOG General Council or the NECF cannot interfere or intervene. Now we found out not even the Courts of the land can. You are at the mercy of your Senior Pastor. What if they are no longer serving the Lord but themselves?

“An astonishing and horrible thing has been committed in the land: The prophets prophesy falsely, and the priests rule by their own power; And my people love to have it so. But what will you do in the end?” Jeremiah 5:30,31


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Note from the administrator :
These are words of encouragement from a caring brother who have been constantly giving us encouragement to help us along in this journey. We are grateful that God has sent people like Bro. Vijay whom we do not know personally but through his words of encouragement here have become a familiar friend and brother to the TTG cause.

Bamboo Conspiracy said...

Spiritual Ploughing

"But Jesus said unto him, No man, having put his hand to the plough, and looking back, is fit for the kingdom of God" (Luke 9:62).

I am with my elders in Dallas, Texas who are aware of the Calvary Church saga and the verdict of the court. The Word for those fighting the good course is Luke 9:62. The Lord has commissioned these not to look back but to pursue the righteous course in FAITH.

The Elders were not surprised with the verdict of the court! It was meant to be. It came from the throne of God. Although it may appear, those who fought the Good Fight “lost”, but in the Spiritual world, they have already won! It is those who have desecrated the house of God, i.e. the present leadership, the AOG and spiritually blind members who have lost.

I mention the AOG because the learned judge pointed out that among the remedies available, “the Plaintiffs should have requisitioned for a special EGM to petition for the intervention of the Assemblies of God of Malaysia to resolve the problems in Calvary Church.”

(However, we all know that the provisions in the Constitution are engineered to make this an almost impossible task.)

NEVERMIND. Yes, the court has given its verdict, but God has given His final verdict even before the Calvary Church saga materialized. Nevertheless, before the Lord executes His judgment, He wants us to come to the end of all hope so that when His vengeance is executed, the AOG, the present leaders and the spiritually blind members will know that it is GOD who delivered His people. God is jealous of His glory and will never allow another to rob Him of His glory!

How true the conclusion in the Blog: “The AOG General Council or the NECF cannot interfere or intervene. Now we found out not even the Courts of the land can. We are at the mercy of the Senior Pastor. What if they are no longer serving the Lord but themselves?”

Indeed we are at wit’s end. We no longer have the answer to the Calvary Church saga. BUT GOD DOES!

During the time of Jesus, ploughing was the most difficult and the heaviest work that anyone might contemplate. For one thing it is at a time of the year (winter) when things are most difficult. Yet, against everything the ploughmen have to force their way. In addition, ploughing is a lonely task and only a few have the emotional capability to do the job.

That is exactly what Calvary Today, TTG and other supporters of the righteous course such as the two lady lawyers (who acted pro bono) have done…….they have ploughed alone through the difficulties.

Have you ever pondered who is behind the events that have now become the Calvary Church saga? We may think it is satan, the rogue leaders, the BOD, the AOG or even members of the spiritually blind congregation. The truth is - it is not. The initiator is no one else BUT GOD!

God has determined according to the council of His will to use satan, the rogue leaders, the AOG and spiritually blind members as pawns to carry out His plan. For the Lord has purposed to ‘stir up the eagles nest’ and purge the present state of Christianity in Malaysia, including the AOG.

Anyone preaching that all is well with Christianity in Malaysia is not hearing from the Lord. They speak of peace when in reality there is no peace. Those who chose to remain silent with events at Calvary Church and gone about their own business without reaching out to the suffering members will realize that they have been excluded in the future purposes of God. They will not be His instruments of Glory for that He has purposed in Malaysia.

Have you ever wondered why does the farmer plough? The farmer ploughs to produce a harvest. But before he can sow the seeds, he must scourge the land. 

Ploughing means the disturbing and breaking up, of settled conditions. When things and people have settled down, they do not like being disturbed, turned over, and broken open. Ploughing is the uncovering of what is hidden, and no one likes that – including those the Lord has commissioned such as the AOG to take care of His affairs.

Our greatest fear is that at this kairos moment, many who have fought the Good Fight are tempted to give up. We could say, 'No, it is too much' and our hearts can so easily be turned back by the consciousness of how much there is to be done. The temptation is ever present because of the vastness of the demand, its hopelessness and beyond us.

But Lord knows everything about our weariness in the way. The Lord Jesus knew something about that. "Jesus... being wearied with his journey, sat thus on the well" (John 4:6). Our greater enemy is weariness. 

Jesus as the chief of all the ploughmen of God accepted the difficult field and had commissioned His fellow-workers and said, "No man, having put his hand to the plough, and looking back, is fit for the kingdom of God". The heart must not go back. We must not contemplate giving up.

Vijay, Dallas, Texas

www.normangrubb.com

June 1, 2011 8:16 AM

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Court dismisses Plaintiffs’ suit

The High Court yesterday dismissed the Originating Summons brought by the 7 Plaintiffs against Senior Pastor Prince Guneratnam (PG) and the Board of Deacons of Calvary Church.

In delivering his judgment, the learned judge remarked that whilst he empathized with the Plaintiffs over the impropriety in the affairs of Calvary Church and the questionable movement of church funds to PG’s personal ministry account, he nevertheless, has to dismiss the Originating Summons on the grounds that the Plaintiffs have not fully exhausted all the remedies provided in the Church Constitution. Until those remedies have been exhausted, it is pre-mature to bring the matter before the Court.


Among the remedies available, the learned judge pointed out that the Plaintiffs should have requisitioned for a special EGM to petition for the intervention of the Assemblies of God of Malaysia to resolve the problems in Calvary Church.


CT was told that PG’s lawyer requested for legal costs of RM100,000 but the Judge awarded costs of only RM7,000 to them.


PG’s lawyer, Tan Sri Cecil Abraham of Zul Rafique & Partners is a well-known and well-connected figure in the legal fraternity and his services does not come cheap. He also used to be very active in the freemason movement in his earlier years and was involved as legal counsel in a much publicized legal dispute between fellow freemasons many years ago.


Although the Plaintiffs’ suit against PG and the Deacons are personal, it is almost certain that PG will dip his hands into the Church coffers to pay the expected high legal fees charged by Tan Sri Cecil. PG had already hinted that in one of the Friday prayer meetings sometime ago.

CT was informed by one of the Plaintiffs that they will not be filing an appeal against the dismissal of their suit.





Coming soon : CCC cost escalates further

Court Judgment to be delivered on 26 May

The High Court, which was scheduled to deliver its decision today on the Originating Summons filed by the concerned members against PG and 6 Deacons, has postponed the delivery of its judgment to 26 May 2011.


Added on 25 May 2011.


Tomorrow is the day the Judge will deliver his decision on the legal case against PG and 6 Deacons of Calvary Church. Please pray that God will take control of the whole situation to accomplish His purposes through the Court's decision. Let there be fairness exercised and wisdom to be bestowed upon the Judge in making his decision.
 
 

Outcome of the Court Hearing on 12 April 2011

The Originating Summons (OS) was heard by the High Court yesterday before a new Judge.

We were told that it was a full day hearing in chambers with submissions from both lawyers representing both parties.

The Judge will deliver his decision on the 18 May 2011 afternoon.

We were also informed that the OS was not converted to a Writ of Summons as the previous presiding Judge was not agreeable to the conversion. The Defendants' lawyers has also indicated that they will object to such an application. The Plaintiffs were  advised by the then presiding Judge to withdraw the OS and then file in a Writ instead.

The Plaintiff decided against doing so having come so far in this current OS action. Withdrawing this OS and filing a Writ would tantamount to starting the legal suit all over again.

For those who are new to the Calvary Church Crisis and are not aware of what this OS is for, please click here to read : Legal Action to Seek Fresh EGM

Please continue to pray that this new Judge will be fair in his judgement.


Note added on 15.04.11 : Following the query from a reader, CT checked with one of the 60 odd class action plaintiffs and was informed that PG did not turn up for the OS hearing. He was represented by Pastor Peter and Pastor Steven.


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Pray For The Court Hearing on 12 April 2011

It has been a slow and uphill climb for the TTG brothers and sisters who have stood up against all odds to try to get the leadership of Calvary Church Kuala Lumpur to establish a system of Church Governance based on Truth, Transparency and Good Governance.

Since 2008, we have seen the Lord step by step guiding and leading the team to take one step at a time to reach to where we are today. All the records of the efforts made by the team are documented here in Calvary Today and Calvary Today 2.

We now seek the  prayers of all Calvary Church members including those who have been "axed" or have left voluntarily, to spend some time today to pray for the Court Hearing which has been set to take place tomorrow in the Jalan Duta High Court.

We understand that there will be a new judge who will be hearing the case tomorrow, 12th April 2011.

Prayer Items :

1.   We pray that the judge would read all the affidavits and submissions that both lawyers have presented to the Court and will take the time to understand the whole situation and purpose of why this case is in the Court for hearing.

2.   We pray that our Lord will give the judge the wisdom to make the right decision as according to His will to accomplish His plans and purposes for the Church and His people.

3.   We pray that our Lord will give the Plaintiffs' two lady lawyers the wisdom and a clear mind to say and do the right thing at the right time, and the boldness to speak in defense of truth, transparency and good

governance in the church.

PG Chickens Out Again

Court Mediation fails


After agreeing to the Plaintiffs’ proposal for a Court Mediation, Senior Pastor Prince Guneratnam (PG) failed to turn up for the much anticipated face-to-face negotiations. Instead, he sent Pastor Steven and deacon David Peters to represent him.


The above information was obtained from one of the 60-odd class action plaintiffs who also informed CT that out of the 6 deacons collectively named as the 2nd Defendants, only Patrick Wong, Edward Rajasingam and Philip Tan showed up.

According to the source, the main 7 Plaintiffs went with only one simple proposal and that is the formation of an independent committee to review and revise the Church Constitution for the future good of Calvary Church. And even that was rejected.


The sincerity of PG and his deacons in agreeing to the Plaintiffs’ proposal to settle the matter out of court really comes into question.


CT is unable to provide further details at this time as according to the source, the 7 main Plaintiffs are unsure if they could divulge the full details of what transpired during the Court Mediation.


The matter will now be set for hearing in chambers on 12 April 2011.

PG Changes Lawyers

Zul Rafique & Partners replaces KK Wong


In a baffling move, Senior Pastor Prince Guneratnam (PG) recently applied to court to change the lawyer defending the Board of Deacons and him in the ongoing class action legal suit brought against them by a group of some 60-odd concerned Calvary Church members.

For reasons not known, he has replaced KK Wong with Zul Rafique & Partners. Zul Rafique & Partners was one of the legal firms which a few of the Plaintiffs had consulted before the commencement of the present legal suit. However, the Plaintiffs subsequently did not engage this legal firm and opted instead to engage a Christian legal firm.

KK Wong, who is a well-known Christian lawyer had, in October 2010 suggested that the Plaintiffs put in a proposal to the Defendants for an out-of-court settlement, in the interest of the Christian community. The Plantiffs agreed to the suggestion and promptly submitted their proposal to KK Wong. However, PG rejected the Plaintiffs’ proposal outright without even bothering to make a counter-proposal.


Shortly after, at the case management on 6 January 2011, the Court was informed that Zul Rafique & Partners has now taken over the defence from KK Wong.


Despite the slap in the face, the Plaintiffs pursued the route for an amicable resolution
to the ongoing crisis and made a new proposal for a Court-assisted Mediation, which is a newly adopted process in the Malaysian legal system, designed to encourage disputes among families and communities to be resolved amicably out-of-court.

The Court Mediation is now set to take place on 24 March 2011. In the event the Mediation process fails, the case will be heard on 12 April 2011.

The Church leaders have not, until today, updated the members on the change of lawyers or the developments leading to the change. They have only merely announced the Court Mediation and Hearing dates. That’s transparency, Calvary Church KL-style.

PG says No to Christian Arbitration

NECF efforts at mediation fails


Since December 2009, the National Evangelical Christian Fellowship of Malaysia (NECF) had quietly worked on a mediation effort to try to resolve the ongoing legal suit involving Pastor Prince Guneratnam (PG) and his Board of Deacons and a group of 7 Concerned Calvary Church members.

The 7 plaintiffs, representing a class of Concerned Members, had filed an Originating Summons to the High Court seeking to declare the 2009 Church AGM null and void and for the 7 rejected Resolutions to be tabled. (Please refer to the older posts in this blog for the full story and details of the rejected resolutions)

NECF was aware that an earlier attempt at mediation initiated in October 2009 by a prominent Calvarite and the Assemblies of God General Superintendent (AOG-GS) had failed. That meeting was called off when PG told the AOG-GS just two days before the scheduled meeting that “the date was not convenient”. The time, date, place and terms of reference had all been agreed at least 7 to 10 days before. For reasons best known to himself, PG got cold feet. The plaintiffs were disappointed because they had accepted the Terms of Reference and were all ready for mediation.

After the failure of the above mediation effort by the two individuals, NECF waiting patiently for the Assemblies of God Malaysia (AG) to take action to resolve the conflict which has set the Christian community in Malaysia abuzz. However, to the disappointment of NECF and the Christian community at large, AG failed or refused to intervene, probably in fear of their mentor who is now a Tan Sri.

To their credit, NECF then took it upon themselves to attempt to mediate between the two parties. They contacted one of the Plaintiffs sometime in December 2009 to explore the possibility of resolving the crisis through mediation or Christian arbitration. The Plaintiffs readily agreed to mediation but however, PG proved to be very elusive and despite a number of attempts by NECF, PG just refused to provide any dates to meet.

In spite of this discouraging setback, NECF persevered and proposed Christian arbitration in keeping with the teachings of 1 Corinthians 6. They proposed that the Plaintiffs take the matter out from the secular court and put the matter before a panel of Christian senior lawyers and ex-judges. The Plaintiffs readily agreed to the proposal. NECF then met PG and conveyed the proposal.

However, on 25 May 2010, the Plaintiffs were told by NECF that Steven Kum had telephoned them the day before to convey PG’s reply. PG refused mediation and arbitration. This was most shocking news. Yet NECF was not willing to give up. They wanted to meet with PG again to try to persuade him that Christian arbitration would be the right and proper way to resolve the crisis. The Plaintiffs waited with much hope but in September 2010, the Plaintiffs were finally told that NECF had given up on trying to persuade PG to go for Christian arbitration. As far as NECF was concerned, PG had officially refused mediation and Christian arbitration.

NECF, being just a fellowship of churches and Christian organistions, has no authority over Calvary Church or PG but for the sake of the Kingdom, let us hope that they will rely on their spiritual authority as the umbrella body for nearly all the evangelical churches in Malaysia to help bring the Calvary Church crisis to a close.

Did AOG Malaysia Lie to the Court?

On 5 July 2010, the Kuala Lumpur High Court had allowed Assemblies of God’s (AOG) application to strike out the Originating Summons which cited them as the Third Defendant. This means that the Court agreed that the AOG is not a party to the case.


The 7 Plaintiffs, who are concerned members of Calvary Church, had included the AOG as the Third Defendant on the basis that the AOG is the supreme body of all the Assemblies of God churches in Malaysia including Calvary Church and as the supreme body, they ought to look after the welfare of the members of their member-churches.


All the concerned members of Calvary Church are naturally disappointed with the Court’s decision as they strongly hold to the belief that the AOG should take responsibility and intervene in the affairs of Calvary Church which has become a joke in the Christian community. The AOG’s act of applying to Court to strike out the Plaintiff’s inclusion of them as the Third Defendant is testament of their “couldn’t-care-less” attitude. The shame is on the AOG and their Executive Council members.


But what shocked the CT team were The Statements made by the AOG in their sworn Affidavits filed in Court. In their attempt to “wash their hands off” the matter, they resorted to twisted interpretation of their Constitution and telling half-truths.


The following are some of what the AOG has stated in their sworn Affidavits:-


1. AOG not responsible for Calvary Church


AOG claimed that Calvary Church is only affiliated to AOG and that it has no authority over Senior Pastor Prince Guneratnam or the Board of Deacons (BOD).


A) AOG Constitution Article III, Aims and Objects, states under (D):
“To have the right to establish churches and provide for their development…”


B) Article V.A.3 of their Bylaws further states:
“The church shall submit its annual report of its progress and financial statement to the General Council.”


Does this not mean that Calvary Church is established by AOG and under its control?


Isn’t it a fact that all pastors of AOG churches are ordained by the AOG and receive their credentials from them?


The mere fact that the AOG can remove and have, in the past, removed the credentials of their AOG pastors is evident of their authority over their AOG pastors.


2. Calvary Church members are not Members of AOG Malaysia


They denied that the AOG Malaysia is a family to members of Calvary Church and stated that Calvary Church members are not members of AOG Malaysia.


Their Article VI, Membership of the AOG of Malaysia says:


A. “The membership of the AOG of Malaysia shall consist of all ministers….”


B. “The membership shall also consist of all members of local assemblies which have been set in order by a duly constituted official of the AOG of Malaysia and have been granted a Certificate of Affiliation.”


Article VII (B) even provides for one lay delegate to be sent from each sovereign church to attend and vote at the AOG General Council.


Yet they submitted to the Court that Calvary Church members are not members of the AOG.


3. Calvary Church Constitution not approved by AOG Malaysia


They denied that Calvary Church’s Constitution was approved by them. They denied that they are a party to the Calvary Church Constitution. They claimed that they only endorsed the Constitution based solely on the approval and acceptance of the Calvary Church Constitution by the church members.


Their Article V.C.1 clearly states:


“Amendments to the constitution (of local church) may be made at any general meeting of the church provided that the proposed amendments have been submitted in writing to all voting members of the church at least one month before the meeting in question. The proposed and accepted amendments will only come into effect after a written approval of the Executive Committee of the General Council has been given”

Their submission to Court clearly contradicted what is stated in their Constitution. If they “only endorsed the church constitution based solely on the approval and acceptance of the church members”, then why is there a need for a written approval of the Executive Committee of the AOG for amendments to the churches’ Constitutions? This is clearly twisting the facts.


4. Calvary Church Attendance Figures


In the AOG Commemorative Year Book 2002, they had stated that Calvary Church has 10,000 members. In their sworn affidavit filed in Court, they told the Court that Calvary Church has only more than 1000 members and its regular service were attended by more than 3000 persons.


So if the figures they stated in the affidavit are true, then did they lie in the Commemorative Year Book? Obviously so, especially bearing in mind that in the 48-year history of Calvary Church, they have never ever had such a large membership!


5. Ronnie Chin’s Role at the AGM


They admitted that their Assistant General Superintendent Pastor Ronnie Chin met with some of the Calvary Church Deacons before the 2009 AGM but claimed that it was only for him to be briefed. They denied that it was for these Deacons and Ronnie Chin to strategize how to throw out the Resolutions from the concerned members.


The fact still remains that 6 out of 7 Resolutions were thrown out by Ronnie Chin on the request by Philip Tan (on behalf of the BOD) at the AGM.


Was there a conspiracy between Ronnie Chin who was representing the AOG and these Deacons?


Did the AOG lie to the court?


Certainly looks obvious. Anyway you look at it, the fact that Ronnie Chin was briefed by the Deacons beforehand goes against the very basic principle of corporate governance, ethics and transparency and reflect very badly on the AOG.


6. Coup d’etat


This is the mother of lies!


The AOG claimed that the High Court proceedings taken by the Plaintiffs appeared to be an attempt by a minority of just 69 members to try to take over control of the Church against the wishes of the majority.


There has never been any Resolution proposed to place any of the concerned members onto the Board of Deacons. There was never any attempt to remove the Deacons from their position. In fact for the 2009 AGM, the concerned members advised the church members to vote wisely to place responsible Deacons on the Board.


One of the Proposed Resolutions actually called for the intervention of the AOG into the affairs of Calvary Church and to manage the Church. Certainly none of the Plaintiffs has any desire to pastor or to take control of Calvary Church.


Some of the Plaintiffs are personally known to some of the Executive Council members and these Council Members know that there is no such intention by the Plaintiffs.


The AOG therefore, knows this is a blatant lie and yet they can swear this under oath. Where is their conscience and Christian principles? It is sad indeed that a national Christian body like AOG which represents the largest growing Christian denomination in Malaysia can stooped this low.


It is even more sad to a few of the Plaintiffs who had done so much for the AOG and Bible College of Malaysia (BCM) and were actually in very good terms with AOG and BCM.


From what we have gathered, one of the 7 Plaintiffs was instrumental in acquiring the building in which the AOG Headquarters today occupies. This Plaintiff personally raised half of the Purchase Price of this building. He also helped out financially many times towards the needs of BCM.


Another one of the 7 Plaintiffs bought a brand new van for BCM a couple of years ago. Today that vehicle is still being used to ferry BCM students around and for missions work. This same person has also helped out financially many times towards the needs of BCM. He also sponsored the entire cost of the AOG Widows’ Fund-raising dinner held last year.


It is certainly ironic or rather the humour of God to have chosen the above two Plaintiffs, out of the thousands of Christians in Malaysia, years before this Calvary Saga started, to be a channel of His blessings to AOG and BCM. There must be a lesson that God wants us to learn from and a message He wants us to heed and follow in this test that God has placed before us all as Christians and as Church organizations through this CCC – Calvary Church Crisis!


Whatever the outcome of the Originating Summons is, it does not matter to the concerned members and the Plaintiffs. It is not their battle but the Lord’s. But through this chain of events, one can clearly see that God is certainly in control. The true colours and character of the Church leaders are being exposed today. God is cleansing His Church in Malaysia and in His time, we shall all see His glory and His purposes for His Church in this land.

Footnote: After this article was published, CT received a request from one of the above two Plaintiffs to delete the mention of his contributions to AOG and BCM. Much as CT appreciates the wish of the person to remain anonymous, CT is of the opinion that since no names were mentioned, the anonymity of the person remains intact. CT wishes to elaborate that the purpose was not to highlight the contributions or the contributor but to expose the ungratefulness, nonchalance and gutlessness of the AOG leaders when push comes to shove.

Court Of Appeal Decision

The appeal by the 7 Plaintiffs (concerned church members) and the cross appeal by the Respondents (Pastor Prince and the Board of Deacons) on the matter of the Interlocutory Injunction was heard before the Court of Appeal this morning.

After hearing the submissions from both the Plaintiffs and Respondents’ lawyers, the Court dismissed both the appeal of the Plaintiffs and cross appeal of the Respondents.

The Court commented that these interlocutory proceedings and actions were unnecessary and ordered both parties to return to the High Court and seek an early trial for the Originating Summons.

In dismissing the appeal by the Plaintiffs for the reinstatement of the 400 terminated or reclassified church members, the Court stated that this issue should not be part of this proceeding as the termination or reclassification of the 400 members occurred after the Originating Summons was filed. This issue should be pursued as a separate court action.

The Court rejected the cross appeal by the Respondents against the reinstatement of the 7 Plaintiffs by the High Court. The church membership of the 7 Plaintiffs, therefore, remain reinstated.

The most interesting statement made by the Court in summing up their decision was that the AGM is the supreme authority in any organization. In simple terms, this means that the members in an AGM has full authority over everything else including the Board of Directors or Deacons, in our case.

To recap, an Originating Summons was on filed on 12 November by the Plaintiffs against the Respondents to seek the High Court’s ruling for the following:-

i. that the AGM held on 19th and 20th June 2009 be declared null and void;

ii. that the committee members appointed during the AGM held on 19th and 20th June 2009 be annulled and be declared void;

iii. that the Defendants convene an EGM within 30days from the date of the Court Order for the tabling of the resolutions which had been submitted by the Plaintiffs;

iv. that the removal of Dr. Lum Siew Heng as a member of Calvary Church on 20th March 2009 be annulled and to be declared void.

The Originating Summons is currently fixed for mention on 23 September 2010. At this mention, both parties will be seeking an early date for trial.

Please continue to uphold the matter in prayer.

Hearing of Appeal fixed on 23 August

The Hearing of our Appeal will be held on Monday 23rd August 2010 and it will be an OPEN Court of Appeal hearing (this means that you can sit in to listen to the proceedings).
All our previous court proceedings had always been held in Chambers (i.e. only the lawyers meeting with the judge); thus, this is the 1st time that it is open to you and the interested public.


The details of the Court of Appeal hearing are as follows:

Date                 : Monday 23 August 2010

Time                 : 8.30am

Venue               : Mahkamar Persekutuan Malaysia

                          Presint 3, Istana Kehakiman, 62506 Putrajaya

                          Tel 03 8880 3500

Please remember to pray for the Court Hearing on Monday, and if possible, be there to lend your moral support and to bring the presence of the Holy Spirit dwelling is us, into the Court Room.  

Bamboo Conspiracy said...

August 22, 2010 4:42 PM

DECLARE VICTORY BY THE FAITH OF GOD!

Christ spoke such a word as this. He spoke it once to a fig tree: "Let no one eat fruit from you ever again" (Mark 11:14). Next day Peter noted that it had withered, and he commented, "Rabbi, look! The fig tree which you cursed has withered away." Now note what Christ said, in effect: "You go and do the same. I spoke the word of authority with which I am equipped by the indwelling Father [see John 14:10ff]. Now you speak it also." His actual words were, "HAVE THE FAITH OF GOD. For verily I say unto you, That whosoever shall say unto this mountain, Be removed, and be cast into the sea; ... he shall have whatsoever he says" (Mark 11:23).


Thus Christ said, "Say unto this mountain." "SAY," not "pray." The word is most significant. The thought is not that all prayer should be omitted (for the Word counsels us to pray) but that prayer should not be from an attitude of feeling that one has not and therefore has needs.


Saying the word of faith is the attitude of one who has and dispenses what he has. Such is the "throne life". A throne is occupied by a king. A king is a possessor and dispenser of gifts. This is why we who are believers and joined to Christ -- He the head, we the members of one Body, physically on earth, spiritually enthroned -- are told that we are "kings ... unto God" and "seated in the heavenlies."


THE PRINCIPLE INVOLVED CANNOT BE APPLIED ARBITRARILY TO JUST ANY NEED IN THE WHOLE WORLD, BUT RATHER TO THE SPHERE FOR WHICH GOD IN HIS GRACE HAS MADE YOU INDIVIDUALLY RESPONSIBLE.


Then, according to the needs of your calling and sphere of life and service, speak forth the word of faith. Call the things that be not as though they were. Carry out Mark 11:24: "Whatever things you ask when you pray, believe that you receive them, and you will have them."


I think we who stand for TTG and called to intercede for Calvary Church should declare ‘VICTORY' no matter what the outcome tomorrow and go forth knowing that He will accomplish what we have declared by authoritative faith for this is why His SON died and shed His blood for - TO DESTROY THE WORKS OF SATAN.


Is not present events at Calvary Church "A WORK OF SATAN"? Yet, ordained by the Lord for His purposes. Satan is only His tool, and we the righteous sons/daughters of God should shout Victory. We cannot accept defeat - no matter what the Court declares.


What if the declaration does not happen? What if the court rules against us? My friends understand what AUTHORITATIVE FAITH IS!


"Have the faith of God" is the literal meaning in the margin of the Authorized KJV and this conveys the vital meaning more clearly than just "have faith in God," as in the KJV text. For to "have faith IN God" means just a reliance on the ability of God in His heaven and a leaving it to Him to do it. But to "have the faith OF God" means to recognize an indwelling God, i.e. to realize that we have His mind, and that by the inspiration of His Spirit we speak forth with our human lips the word of believing faith, of authority!


We are not operating by OUR faith but HIS faith and hence the responsibility for the outcome of our declaration is HIS! He is responsible to RESOLVE THE PRESENT CRISIS IN CALVARY CHURCH. If we believe God has already destroyed satan at Calvary, all the negatives we see in the natural world are just ILLUSIONS! In the Spiritual world satan is already defeated. Calvary Church is already a victorious church etc. So satan may win battles but we have already won the war!


LORD WE "SAY" YOU MOVE THE MIND OF MEN AND COURSE THE COURT TO RULE IN OUR FAVOUR TOMORROW (Monday 23th August 2010).


This is what I have learned from Norman Grubb and hence I declare victory no matter what the court declares. I will continue to declare Calvary Church as a victorious church and the present crisis resolved.


Vijay

*****************************************************

On a different note but addressing a relevant issue which was brought up by a reader who identified himself/herself as Scott J. We thank our gracious God and the quick response from our dear Brother in Christ, Vijay for a simple yet direct answer.

We now extract these two comments which were posted in the previous article here because we believe that the questions and concerns raised by Scott J may be issues that many of you as Christians grapple with within yourselves.

Scott J said...

I have been following your plight over the happenings in Calvary Church, and in the face of ‘apparent’ injustice with all the evidence that is presented on this site, it is hard to dispute the findings. I believe that your motives in seeking justice are justified, but amidst your frustrations, we have to ask ourselves what has happened to our faith in God to bring about justice? I know that you initially did what was stated in Matthew 18: 15-17, and you may have tried that but have not succeeded, but to put your plight on the internet and the newspapers, it goes beyond the confines of the church. Even with the hard evidence that is presented, many of us have failed and have fallen into the trap of “judging” in our hearts through what we see with our own eyes through this site. 

Just spare a heart’s thought about these: 

a) Have we forgotten about our faith in God to bring about justice?

b) Even if we have, have we, to a certain extent through this site, taken matters into our own hands? 

c) Is what is being done here on the internet bringing glory to God or tearing down the church, not just yours, but to others as well? 

d) Many others, particularly unbelievers, are observing the happenings within Calvary and there is a generalized sentiment that Christians behave in this manner, could this be a factor to build up a barrier of distrust toward those who are out there working to shine forth God’s light to the unbelievers? 

Before continuing, we have to ask ourselves with a heart’s thought: With your plight being aired out here on the internet and the ‘bickering’ (forgive my usage of this term due to the lack of a better word), “How does God feel about this?” our lack of faith in His timing and His purposes? As to the rest of us, let us seek God and ask God how He feels about us being a spectator and potential contributors to add fuel to the flames.

August 18, 2010 11:15 AM

Bamboo Conspiracy said...

THE BIBLE TELLS IT ALL.

I sometimes think, we Christians impose more stringent standards than even what God imposes in what we may communicate.

The Bible is still the number one CONTENT presented in multimedia (audio, visual and paper). If God sees fit to tell to the whole world in MULTIMEDIA the SINS of HIS CHILDREN (David a murderer and adulterer, Moses a murder, etc), I find insufficient grounds to stop people in sharing the real happenings in the Christian world!

In fact, I believe the Lord wants the world to know what is really happening so that WHEN HE ACTS - ALL WILL KNOW THE CHRISTIAN GOD IS A JUST AND FAITHFUL GOD. Then they will worship Him.

Just imagine if there was no CT or TTG or no reports in the Newspapers etc. - the world will not hear the TRUTH and they will not know that there is a LIVING GOD who ANSWERS THE PRAYERS OF HIS CHILDREN.

Let us have spiritual discernment and not muzzle the voice of His Children!

Vijay

(Of course - any unkind words or personal attacks should be edited out!)

August 18, 2010 11:13 PM

As the Administrators of CT, we have tried our best to remind those who post comments to do so with consideration and to refrain from making personal attacks, name calling and unkind words. We have withheld releasing many comments made by both TTG sympathizers and pro-PG readers because we cannot "edit out" comments as this function is not provided for by Blogger.

We noticed that this function may have been added in since this week but we have yet to try it out. However, we will still maintain that we will not release any comment that we deem is not appropriate or relevant to our cause.

On yet another note, we are always in awe of how God has led us and is still leading us step by step here in CT. You may or may not be aware that CT was first created as a communication tool to keep the concerned members of Calvary Church abreast with what is happening behind the whole facade of Calvary Church and the TTG brothers and sisters' pursuit of Truth, Transparency and Good Governance in the administration of the Church.

God has been with us and He has constantly provided us with relevant materials useful for that particular moment to be published as updates to our fellow Calvary Church members who are in "diaspora" seeking "religious asylum" in various churches in and around Kuala Lumpur. Here's a word of encouragement for us to ponder on.

Bamboo Conspiracy said...

SEE GOD IN EVERYTHING!

I know the pain many are going through because of events at Calvary Church. I have been there and I too had my own share of waiting when there were leadership problems in churches. It is always natural; the first reaction is "TO DO SOMETHING!" As so did I! But the Lord also wanted me to trust Him after having done all that I could! Part of spiritual maturity is knowing when to grow from 'DOING' to 'BEING'!

We will suffer as we wait and the only way out of the suffering is to see GOD ONLY in all things. Spiritual maturity is required to understand this faith principle.

When we arrive at this place of faith, we stop asking questions why Calvary Church and the congregation is suffering through this crisis. We boldly accept by faith that the Lord has WILLED present events at Calvary!

(NOTE I said WILLED - NOT PERMITTED i.e. GOD HAD PURPOSED IT! - now this is a difficult principle to accept and I know there will be some who may not agree with me but it is OK as I am writing this just as the Lord had directed me and leave the consequences in His hands.)

The Bible says:
"Though HE were a Son, yet learned HE obedience by the things which HE suffered" (Hebrews 5:8)

"For whom the Lord loveth he chasteneth, and scourgeth every son whom he receiveth. If ye endure chastening, God dealeth with you as with sons; for what son is he whom the father chasteneth not?" (Hebrews 12:6,7).

God "tested" Abraham in the realm of self-love, self-will and trust in self. He wanted to know whether Abraham had total faith in God!

This present trial at Calvary is not really about the misdeeds of the leadership but about HIS FAITHFUL SONS AND DAUGHTERS - WILL YOU TRUST HIM. He will deal with the rogue leaders but before He does that HE wants to know whether HIS CHILDREN WILL CONTINUE TO HAVE FAITH IN HIM. That is what GOD IS AFTER - YOUR FAITH IN HIM!.

It was God who DIRECTED Joseph to prison. His brothers and others were just the Lord's tools to accomplish His purposes – to eventually bring them back to the Promised Land. Paul, Moses, David, etc were all DIRECTED by God into the wilderness – and so will we.

And so today. The faithful ones in Calvary are His remnants and the rogue leaders and people associated with these are just HIS TOOLS. Read you Bible and you will notice after God had used them to accomplish His purposes, He destroyed them!

I believe God had purposed to raise a new band of Christians in Malaysia because those presently in power do not have the leadership quality He needs to raise the spiritual barometer in Malaysia. HE NEEDS FRESH SONS & DAUGHTERS!

(I have been accused of being too hash with the “enemies” of God but friends – I have seen what the Lord has done with MY 'enemies' and believe me – IT IS A TERRIBLE THING TO FALL INTO THE HANDS OF THE LIVING GOD. I PITY THEM BECAUSE SOMETIMES HE EVEN CALLS THEM HOME BEFORE THEIR TIME!)

Those who speak of God’s love don’t really understand that God’s LOVE also means HE MUST BE JUST!

Vijay

August 18, 2010 10:34 PM

God is Good All the Time!

An Open Letter to Pastors and Christian Leaders

To brothers and sisters from other churches, especially from AOG churches, please PRINT A COPY for your Pastors and Leaders to read.

This is an Open Letter addressed to Pastors and Christian Leaders. By now we believe the Calvary Church Crisis (CCC) is no longer confined to Calvary Church members and friends alone. It is now known all over Malaysia and abroad. While we have received many encouragements and support from the general Christian community, we also understand that there are many Pastors and Christian Leaders who does not agreed with the TTG people for using the public channel to seek justice for Calvary Church members. Our appeal to you is that you will read this Letter with an open mind and answer the questions  with all honesty as unto God.  

AFTER THAT, try to place yourself in our shoes as Ordinary Members in the Church, who have supported the Church with your TIME, your TALENTS and your FINANCES and to find your Pastors have abused your trust and have lied to you - WOULD YOU HAVE DONE THE SAME? 

If for the past two years you have run around looking for help from Pastors, Christian Leaders and even looked to the Christian Organizations in and out of the country to help but no one cared enough to do something - WHO ELSE CAN YOU GO TO?


If you are just an Ordinary Member who have been serving and supporting your Church and your Pastors since becoming a Christian, then together with other faithful Christian brothers and sisters many whom you did not know before, feel this strong passion in your heart to stand up for what is right - not just as a Christian but as a person in general living in a community - WOULD YOU THINK THAT YOU ARE SATANIC?


If all you are asking for is that Truth, Transparency and Good (Godly)  Governance is practiced in the Church - DO YOU THINK THAT YOU ARE PLANNING TO BECOME THE NEXT PASTOR? 

****************************************************

Dear Pastors and Christian Leaders in Malaysia,

What is happening in Calvary Church must grieve our Lord Jesus and you, as a pastor, must be deeply saddened too.  But before you throw bricks at the concerned members perhaps you should ask why and how this came about.  What is this really all about?  Some have condemned us for bringing Christianity into disrepute.  Are Christians to cover up our internal wrongdoings and sins or are we to deal with it openly, decisively and righteously?  The Catholic Church covered up the sexual abuses within their Church for more than 30 years.  Well, it is now fully exposed and the cover up made it all the more sordid.  Just as we would not judge all pastors by what we have experienced, we ask that pastors not judge us without knowing what we have gone through. 

This Open Letter is to set the record straight and to give pastors a better understanding of the situation in Calvary Church.  A complete chronology of events is beyond the scope of this letter.  However, such information is available either from the worldwide web or from any of the concerned members.  Then you can judge rightly and perhaps more fairly.  

We had not intended to make it public.  We had tried to keep it within the Kingdom of God.  But we discovered that all those who had advised us, to keep it within the Kingdom of God, were more interested to keep things under wraps than solving the underlying problems.  We found no help from the Christian leadership in this country.  The religious establishment is dominated by pastors.  From where can aggrieved members seek help?  Therefore we had to seek redress from the civil court.  When we were “sacked” from membership, we knew we could not hope to get help from any Christian organisation or Christian leader.  We had to make the protest ourselves.

Please allow us to ask you a few questions to put things in perspective.  Would you, as a pastor, do the following?

#1 - Set up a personal ministry, under yours and your family’s control, and then divert funds from missionary offerings into your personal ministry without the knowledge of the members?

#2 - Make a collection from the congregation for an overseas disaster relief and then not send it to the victims but divert the collection into your own personal ministry?

#3 - Misrepresent the nature of your personal ministry to gain membership in NECF?

#4 - Remove key ministries which are integral to the wholeness of the Church from out of the Church ownership, calling them independent, and placing them under the control of your children and their spouses?

#5 - Place your children and their spouses in high positions in these “independent” ministries and remove their job evaluations, salaries and other terms of employment from the purview of the Board of Deacons?

#6 - Remove whole families from the Church membership roll if one of them is deemed to be against you in any way?

#7 - Remove members from serving, some from leadership positions, because they voted for a resolution which you did not favour?

#8 - Require that all other pastors in the Church declare love gifts received and exempt yourself and your wife and children from this requirement?

#9 - Allow yourself and your family special privileges not available to other pastors in the Church?

#10 - Ensure that all copies of the Minutes of the Board of Deacons’ meetings are destroyed except for the copy under your sole custody?

#11- Devise a structure that you would have veto power over all decisions made by the Board of Deacons, Committees and Sub-committees in the Church?

#12 - Devise a process whereby on the surface there is free and fair elections of deacons whereas in effect you control the entire process ensuring that the Board of Deacons is completely under your control?

If you would not, then you can empathise with us on what we are facing.  The main and real issue is about absolute power in one man’s hands and the lack of check and balance in the Church.  Transparency and Good Governance must be practised in our Church.  

If there is no Accountability and Transparency in our Church, then we have no right to ask for the same from the government or the world.  For we would have lost our moral authority to impact the world and to be its transforming agent, and we ought to be cast out and stamped underfoot like salt that has lost its saltiness.