The Words of the Brann Family |
Information On True Parents' Immigration Case
Mark Brann
March 30, 2004
Dear President Song and everyone,
I wanted to offer you all a brief report on today's proceedings in TF's immigration case appeal. Actually, we had thought that today might be the only day of the hearing and that we might even have at least a decision in principle by tonight. But it was not to be. It is very hard to estimate accurately how long presenting material is going to take. Today was basically just the presentation of TF's case. When it ended at about 15.30 the judge gave the government team the option to begin their case in the morning, which they accepted. Not only they, but also the judge himself, was happy to stop early as our case had been powerful, detailed and demanding to listen to and the judge no doubt needed time and space to think and order his thoughts.
From well before the start at 10.00 a.m. the small immigration court room had been packed out with our family members. Normally there is only room for 12 members of the public, but as over 20 members came to lend prayer support the authorities had to quickly find chairs for them. It gave the court an unusually packed and intense feeling, which was very good. Gradually, as proceedings began the spirit became very high. Members prayed to summon the liberated and blessed spiritual couples and according to one very spiritually open brother who was present some bad spirits initially present were quickly banished and so many blessed spirits were packed into the room that no more could come in.
The presentation of TF's case by David Pannick was very powerful, passionate and compelling to listen to. He did not spare the Home Office or 'the Home Secretary', the minister responsible, but castigated both continuously with measured, controlled and very effective anger for their conduct. He said the exclusion should never have issued and that it was an "outrage" that it had been and one that violated many fundamental human rights and freedoms. He particularly attacked again and again the lack of objectivity and fairness in the way that the decision had been made to exclude TF and the conduct of the case since and focussed particularly on the decision to listen to the anti-cult" movement input based on mere assertions, presupposition and speculation from unqualified people rather than the objective and scientific studies of Prof. Eileen Barker (whom the government had consulted but ignored) and Dr Bryan Wilson whom we had engaged as our expert witness and who was a world authority. He characterized this approach as deeply irresponsible, profoundly unbalanced and unfair.
David Pannick dealt strongly and very confidently with the government contention that their was no protection for human rights for someone like TF who was outside the jurisdiction (i.e. who lived in a country not covered by the European Convention on Human Rights). He said that there was clear and binding authority from higher courts that this was not the case and that in effect the government's attempt to argue this was a disgrace because it was effectively trying to exclude appeals to the courts against ministerial decisions where Parliament had clearly intended there to be such a right of appeal. This was a clever way to make his point because it touched on a major constitutional argument that the government has just lost after they tried to prevent asylum seekers having a right to appeal to a court. It is still a very raw nerve at the moment and in touching it David strongly but subtly suggested an underlying motive to abuse power here too.
It was a masterful performance and quite riveting at times. I have worked with David several times before and never felt his passion so engaged as now We had prayed that he could rise above normal lawyerly motivation, including concern about money and his own reputation and give himself heart and soul to TF's cause and he certainly did that, vindicating Rev Song's guidance that the key to victory was the making of cheon song conditions. Many such were made by many members, especially in the last 2 weeks and including in other countries.
The judge seemed very attentive and engaged at all times and very respectful. He did not challenge anything David Pannick said. At the end David Pannick even challenged the government lawyers to keep their reply short because there really could not be much to say in reply. My only concern at that point was whether members might start clapping and cheering! It felt like they wanted to.
In short, it was a very good day. However, there is still a long way to go. We need to keep up our prayer and other conditions and keep pressing our legal points.
Tomorrow morning at 10.00 a.m. Monica Karss-Frisk, the main government lawyer will begin her case. She promised that it would not last more than three hours but possibly rather less. After that, David Pannick will make the final submission (maybe one hour). So by about lunchtime (or maybe just after) the hearing should be over. Then it is a question whether the judge will agree to give some kind of decision in principle there and then or whether he will "reserve" his decision for consideration. Of course David will be pressing for an immediate decision and the quickest possible production of the reasons.
We will give you all a further report tomorrow. Thank you for your prayers and all your other support.
God bless you!
Sincerely,
Mark Brann
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