Heavy penalties are on the table for banks caught lying and taking fees for no service


Dimity Kingsford Smith, UNSW and Alex Steel, UNSW

Another week of hearings of the Financial Services Royal Commission has seen financial services company AMP admitting it mislead the Australian Securities and Investment Commission (ASIC) on 20 occasions. The commission also saw evidence of both AMP and the Commonwealth Bank of Australia paying themselves client money when there was no adviser allocated to provide services, or the client had passed away.

It seems ASIC and the Director of Public Prosecutions will have no lack of evidence to pursue civil penalties and criminal cases. The bigger issue is what charges to go with.

In deciding what to pursue, ASIC and the DPP will need to weigh up the costs, the charges individuals are willing to plead guilty to, and the outcomes that will best serve the public interest.

Convicting individuals clearly “sends a message”, but these employees are easily replaced with others just as willing to commit the offences, unless the organisation’s culture is changed.

ASIC has confirmed it has a broad-ranging investigation into AMP already underway, and the Treasurer has suggested the behaviour might attract jail time.

Whether or not bankers get jail time will depend on the actual offences charged and a range of sentencing factors. However, the courts are increasingly emphasising the importance of substantial sentences for white collar crime.

Offences with similar maximum penalties in the UK led to a UBS banker who manipulated the London Interbank Offered Rate being sentenced to 14 years jail in 2015. Another joined him in 2016 for two years and nine months and three others were also convicted.

What AMP and CBA did

AMP and CBA have admitted they failed to provide information and report breaches to ASIC as required by the Corporations Act. Misleading Australian government agencies is also a criminal offence under the Act and the Commonwealth Criminal Code.

As well as dealing truthfully with ASIC, all entities licensed to offer financial services must act “efficiently, honestly and fairly” and take reasonable steps to ensure their employees do likewise.

It is not hard to see how taking clients’ money without providing a service is not efficient, honest or fair.

Civil penalties

Civil sanctions could apply to conduct at AMP and CBA which could ultimately involve disqualification for up to 20 years from working as a corporate officer and/or a fine of up to A$200,000.

Officers of a corporation are very senior employees and usually immediately below board level. They have a duty to be careful and diligent and act in the best interests of the company under the Corporations Act. There is a range of lesser charges from general dishonesty to false documentation offences.

Officers of a corporation have duties which require them to be careful and diligent. This is because the officers may have failed to follow up or failed to prevent conduct) after finding out about what was going on.

If ASIC and the DPP can go further and prove that AMP and CBA officers have intentionally caused their company to break the law, it is virtually impossible that conduct could be in the interests of the corporation. AMP and CBA officers may have also breached criminal offences in the Corporations Act if the wrongdoing was reckless or intentionally dishonest.

Criminal charges

Turning to more general offences, here criminal penalties range from 12 months in jail for misleading ASIC, to significant penalties for conspiracy to defraud.

Any bank employee who was involved in the creation of misleading documentation might well be exposed to fraud charges. Under Commonwealth and state law, fraud can involve reckless deception of another (either ASIC or the clients) with an intention to gain a financial advantage for another (AMP or CBA) Those offences have maximum penalties of 10 years jail. There is a range of lesser charges from general dishonesty to false documentation offences.
Those who assisted might well also be liable through accessorial liability.

Prosecutors could also turn to the conspiracy to defraud offence. The Commonwealth version of the offence involves an agreement to dishonestly influence a public official’s decisions. An agreement to provide false documents to ASIC would seem easily to fit this offence. Again, this has a maximum penalty of 10 years.

Similarly, common law conspiracy to defraud charges could be available for dishonestly misleading customers in a way that caused them financial loss. There are no prescribed maximum penalties for this version of the offence.

Multiple offences could mean sentences served concurrently, or partly cumulatively.

The ConversationAlthough the wrongdoing may seem clear to the public, it is likely that complex matters of proof will emerge and ASIC will need to make a range of decisions about the best approach to ensuring cultural change occurs. While convictions might be deserved, the public interest is best served by ensuring that prosecutions are part of wider regulatory action leading to better banking practices.

Dimity Kingsford Smith, Professor and Director, Centre for Law Markets and Regulation, UNSW Law, UNSW and Alex Steel, Professor, UNSW Scientia Education Fellow, UNSW

This article was originally published on The Conversation. Read the original article.

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Pakistani Officials Back Muslim Land-Grabbers, Christians Say


Senior district authorities accused of supporting desecration of 150 Christian graves.

LAHORE, Pakistan, March 9 (CDN) — Christians in south Punjab Province are accusing senior district officials of supporting local Muslims who allegedly demolished 150 Christian graves and desecrated holy relics – and are now threatening Christians seeking legal redress.

In the Kot Addu area of Muzaffargarh district, Waseem Shakir told Compass by telephone that an influential Muslim group last Nov. 6 took illegal possession of a 1,210-square yard piece of land designated as a Christian cemetery and set up shops on it. Official records state that the portion of land was allotted as a Christian cemetery, he said.

“Local Muslims demolished 150 Christians’ graves and desecrated the cross and biblical inscriptions on the graves in a bid to construct shops on the property,” said Shakir, a resident of Chak (Village) 518, Peer Jaggi Morr, Kot Addu. “Only five marlas [151.25 square yards] are all that is left for the Christians to bury their dead now.”

Shakir said that all Muzaffargarh area authorities, including the local politicians, were supporting the alleged land-grabbers even as Christians feared a mob attack.

“The situation has come to point where even the local police have warned their higher-ups that the tension could provoke a Gojra-type incident,” he said, adding that Muslim instigators were now openly trying to intimidate him and Boota Masih, who registered a case with police, into dropping the matter.

In Gojra on Aug. 1, 2009, Muslim hordes acting on an unsubstantiated rumor of blasphemy of the Quran – and whipped into a frenzy by local imams and banned terrorist groups – killed at least seven Christians, looted more than 100 houses and set fire to 50 of them. At least 19 people were injured in the melee.

Shakir said Christians had approached police and the district administration to register a case against the Muslims for desecrating their sacred relics and hurting religious sentiments, but authorities have shown little attention to their grievance. Masih registered the complaint on behalf of area Christians, but the station house officer of the Daira Deen Panah Police, Waseem Leghari, altered it to state that Muslims had only occupied a piece of the cemetery land, Shakir said.

“Leghari registered a case against the Muslims under Section 297 of the Pakistan Penal Code [trespass of a place for the dead], which is a bailable offense, despite the fact that a case under the blasphemy law should have been registered against the Muslims for desecrating the Christian holy relics,” Shakir said.

Police took no measures to arrest the 11 named suspects, he added.

“No one seems bothered over the desecration of our cross and biblical inscriptions,” Shakir said.

Section 297 of the penal code states, “Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sculpture, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.”

Shakir said that, besides the 150 demolished graves, the illegal occupants had thrown garbage on another 50 graves. The police’s indifferent attitude towards the Christian community had been hurtful, he said, and Christians had repeatedly taken up the issue with District Police Officer (DPO) Chaudhry Manzoor and District Coordination Officer Tahir Khurshid.

They did not take the issue seriously, Shakir said.

DPO Manzoor rejected the Christians’ accusations.

“It’s not as serious a case as they are portraying,” he told Compass. “The people who have built shops on the land are not illegal occupants but the real owners.”

He said Christians were furious because the shopkeepers put some of their belongings on the graves.

“No one has desecrated any Christian holy symbol, book or grave,” he said. “Any fears that the issue could lead to another Gojra are baseless.”

Manzoor said the matter would be resolved amicably.

Napolean Qayyum, leader of the Minorities Wing of the ruling Pakistan People’s Party (PPP), told Compass that open desecration of the Christian symbols and places and the police’s alleged support of the culprits showed the prejudice of the Punjab government towards minority groups.

“An application regarding this incident is lying in the Punjab chief minister’s secretariat, but it seems the Pakistan Muslim League-Nawaz’s [PML-N] government in Punjab wants another Gojra-like incident to take place in Kot Addu,” he said, adding that it was curious that all major violence against Christians usually takes place when the PML-N is in power in the province.

Qayyum said that he had taken up the matter with the PPP leadership.

“It’s a case of blasphemy, and the culprits should have been rounded up under Section 295-A,” he said. “I have contacted Farahnaz Ispahani, the political adviser to President Asif Zardari, and she has assured me of the federal government’s support in this matter.”

He added that stern action against local police and administrative authorities was necessary to set an example for others.

Report from Compass Direct News

After Fatwa, Pastor in Pakistan Beaten with Bricks


Convert, a former fighter in Afghanistan, had protested Islamic attack.

SARGODHA, Pakistan, November 5 (CDN) — Muslim extremists in Islamabad on Monday (Nov. 1) beat with bricks and hockey sticks a Christian clergyman who is the subject of a fatwa demanding his death.  

The Rev. Dr. Suleman Nasri Khan, a former fighter in Afghanistan before his conversion to Christianity in 2000, suffered a serious head injury, a hairline fracture in his arm and a broken bone in his left ankle in the assault by 10 Muslim extremists; he was able to identify two of them as Allama Atta-Ullah Attari and Allama Masaud Hussain.

The attack in Chashma, near Iqbal Town in Islamabad, followed Islamic scholar Allama Nawazish Ali’s Oct. 25th fatwa (religious ruling) to kill Khan, pastor of Power of the Healing God’s Church in the Kalupura area of Gujrat city. A mufti (Islamic scholar) and member of Dawat-e-Islami, which organizes studies of the Quran and Sunnah (sayings and deeds of Muhammad), Ali is authorized to issue fatwas.

Khan, 34, had relocated to a rented apartment in Islamabad after fleeing his home in Gujrat because of death threats against him and his family, he said. The fatwa, a religious order to be obeyed by all Muslims, was issued after Khan protested anti-Christian violence in Kalupura last month.

Muslim extremists who learned of his conversion had first attacked Khan in 2008 – killing his first child, 3-month old Sana Nasri Khan. He and wife Aster Nasri Khan escaped.

“During the Kalupura Christian colony attacks, once again it came into the attention of Muslim men that I was a converted Christian who had recanted Islam, deemed as humiliation of Islam by them,” Khan said.  

In this week’s attack, Khan also sustained minor rib injuries and several minor cuts and bruises. He said the Muslim radicals pelted him with stones and bricks while others kicked him in the chest and stomach. They also tried to force him to recite Islam’s creed for conversion; he refused.

On Monday night (Nov. 1) Khan had gone out to buy milk for a daughter born on July 19 – named after the daughter who was killed in 2008, Sana Nasri Khan – when during the wee hours of the night five unidentified Muslim extremists began kicking and pounding on the door.

“When my wife asked who they were, they replied, ‘We have learned that you have disgraced Islam by recanting, therefore we will set your house on fire,” Khan told Compass. “When my wife told them that I was not at home, they left a letter threatening to torch the house and kill my whole family and ordered me to recant Christianity and embrace Islam.”

Khan had sold some of his clothes at a pawnshop in order to buy milk for the baby, as he has been financially supporting six Christian families from his congregation who are on a Muslim extremist hit list. Islamic militants have cordoned off parts of Kalupura, patrolling the area to find and kill the families of Allah Rakha Masih, Boota Masih, Khalid Rehmat, Murad Masih Gill, Tariq Murad Gill and Rashid Masih.

Often feeding her 5-month-old daughter water mixed with salt and sugar instead of milk or other supplements, Aster Nasri Khan said she was ready to die of starvation for the sake of Jesus and His church. Before her beaten husband was found, she said she had heard from neighbors that some Muslim men had left him unconscious on a roadside, thinking he was dead.

The Rev. Arif Masih of Power of the Healing God’s Church in Islamabad told Compass that he was stunned to find Khan unconscious in a pool of blood on the roadside. Saying he couldn’t go to police or a hospital out of fear that Muslims would level apostasy charges against Khan, Masih said he took him to the nearby private clinic of Dr. Naeem Iqbal Masih. Khan received medical treatment there while remaining unconscious for almost four hours, Masih said.  

Born into a Muslim family, Khan had joined the now-defunct Islamic militant group Harkat-ul-Mujahideen, which later emerged as Jaish-e-Muhammad, fighting with them for eight and half years in Kashmir and Afghanistan.

While fighting in Afghanistan’s civil war in 2000, he said, he found a New Testament lying on the battlefield. He immediately threw it away, but a divine voice seemed to be extending an invitation to him, he said. When he later embraced Christ, he began preaching and studying – ending up with a doctorate in biblical theology from Punjab Theological Seminary in Kasur in 2005.

Upon learning of the Oct. 25 fatwa against him, Khan immediately left Gujrat for Islamabad, he said. He was living in hiding in Chashma near Iqbal Town when Muslims paid his landlord, Munir Masih, to reveal to them that Khan was living at his house as a tenant, he said. A young Christian whose name is withheld for security reasons informed Khan of the danger on Oct. 29, he said.

The young Christian told him that Munir Masih revealed his whereabouts to Allama Atta-Ullah Attari, a member of Dawat-e-Islami.

Khan said he confided to Christian friends about the dangers before him, and they devised a plan to hide his family in Bara Koh, a small town near Islamabad.

“But as I had sold and spent everything to help out Kalupura Christians,” he said, “I was penniless and therefore failed to move on and rent a house there.”

Report from Compass Direct News

Muslim Extremists Suspected in Death of Christian Worker in India


Christian in Jharkhand state may have been slain during Islamic festival.

NEW DELHI, September 28 (CDN) — Family members of a Christian worker who was found dead in a Muslim area in Jharkhand state a day after the Islamic Eid festival said they suspect he may have been murdered by local residents.

The body of Shravan Kumar, who had worked with the Gospel Echoing Missionary Society, was found lying in a well near the Idgah Mosque in Garhwa town in the wee hours of Sept. 13, a close relative of the deceased told Compass by phone.

Kumar, 31, lived in Pratapgarh district in neighboring Uttar Pradesh state. He left for Garhwa, 65 kilometers (40 miles) from his house, saying he wanted to see a colleague there on Sept 10.

“But neither did he visit the colleague, nor did he get back home,” said the relative.

On Sept. 15, a family member went to Garhwa looking for him. He found his picture in an advertisement police had placed in a local newspaper in an effort to identify the body.

“When Kumar’s body was handed over to the family, it was beyond recognition; it had swollen,” said the relative.

Later, the family member went to the well in Garhwa where the body was found. Local youths who pulled Kumar’s body from the well the morning of Sept. 13 informed the family member that they noticed injuries on his face and around his neck. Police were immediately informed, but officers did not arrive until 10 p.m.

“Kumar had lived in a rented house in Garhwa a few years ago, and on the morning of Sept. 12 he visited his old landlord and mentioned that he planned to preach in the Idgah Mosque area,” said the source, adding that Kumar’s family suspected “that he preached to the Muslims on the Eid festival, and as a result he was killed and thrown in the well.”

A police spokesman, however, said he refused to believe that Kumar was murdered. Deputy Superintendent of Police Ashok Kumar Singh told Compass that “as of now” police were not exploring any possibility of a crime.

“The post-mortem report says there was no injury mark on his body, and he died by drowning,” Singh said.

In 1998, Kumar had received a head injury after suspected Hindu nationalist extremists hit him with a rod in Sitamani in neighbouring Bihar, the relative said.

“Since then, he had been suffering from a mild psychological ailment,” he added. “If he did not take his daily medicine, he would get a little disturbed and begin to preach to non-Christians aggressively. This is what may have happened on Sept. 12 when he preached in the Muslim area.”

Kumar, who became a Christian from a Hindu background in 1997, held prayer meetings in his house shortly after his conversion against the wishes of local Hindu nationalists, the relative added.

The religious atmosphere in India was tense at the time of his death. On Sept. 13, Muslim mobs burned a Christian school and a church, both belonging to the Church of North India (CNI), in the Muslim-majority Kashmir region in the state of Jammu and Kashmir. No students or staff members of the school were hurt, but at least five Muslims died and more than 50 were injured as security officers opened fire at the mob to prevent the burning of the school.

Also, on Aug. 13 Muslims attempted to burn a CNI hospital in Jammu and Kashmir’s Anantnag district, but security forces managed to prevent it. In a separate incident the same day and in the same state, a mob vandalized the Catholic-run Good Shepherd High School in Pulwama district.

In a similar incident the same day, Muslims in Malerkotla town in northern Punjab state burned the furniture of a CNI church.

These incidents took place after the Quran was allegedly desecrated in the United States. Although Florida Pastor Terry Jones had withdrawn the threat to burn the Quran to mark the anniversary of the 9/11 attacks, Iranian government-run news channel Press TV showed dubious clips of the Quran being torn in the US.

Kumar’s family fears that the police will overlook the available clues indicating the role of local Muslims and instead claim that he committed suicide.

“No one who knew Kumar can believe that he could have committed suicide,” said the relative. “Although he was psychologically unwell, he always faced life’s problems boldly.”

Kumar, the sole bread winner in the family, is survived by a 25-year-old wife and a 5-year-old daughter.

According to the 2001 Census, Jharkhand has a population of around 27 million, out of which 4.06 percent are Christian. Muslims account for close to 14 percent of the state’s population.

Report from Compass Direct News

Christian Assaulted in Orissa State, India


Extremists in Kandhamal vowed to kill a Christian around date of Hindu leader’s death.

NEW DELHI, September 9 (CDN) — Suspected Hindu nationalists in an area of Orissa state still tense from 2008 anti-Christian violence beat a Catholic father of seven until he fell unconscious on Aug. 20, the 47-year-old victim said.

Subhash Nayak told Compass that four unidentified men assaulted him as he made his way home to Laburi village from the hamlet of Kapingia in Kandhamal district. Hindu extremists in Kandhamal district killed more than 100 people in several weeks of attacks following the murder of Hindu extremist leader Swami Laxamananda Saraswati.

An 80-year-old monk who for decades spearheaded the anti-conversion movement in Orissa’s tribal-dominated areas, Saraswati was shot dead on Aug. 23, 2008. Area church leaders such as Biswajit Pani of Khurda told Compass that villagers in Laburi have planned to attack at least one Christian around that date every year.

Nayak said the assailants left him for dead.

“I could not see their faces as it was very dark, and they tried to poke my eyes with their sticks,” said Nayak, still in pain. “They stomped on my chest with their feet and hit me relentlessly till I fell unconscious. They left me thinking I was dead.”

Nayak said that he was returning from work at a construction site in Kapingia when, about a kilometer from his home in Laburi, a stone hit him. Four men appeared and began beating him.

The stone struck him in the forehead between 7 and 8 in the evening as he was riding his bicycle, he said.

“As I fell on the road with sharp pain, figuring out who hit me, four people came and started to hit me with wooden sticks,” Nayak said.

Asserting that no one had any personal enmity toward him, Nayak said that Hindu extremists in Kandhamal district have been telling people, “We destroyed and burned their houses and churches, which they have rebuilt, but now we will attack their lives, which they cannot rebuild.”

Pani and another area Christian, retired school teacher Tarsish Nayak, said they also had heard Hindu nationalists spreading this message.

Nayak recalled that a year ago, while returning to his village at night around the anniversary of Saraswati’s murder, he heard someone whispering, “Here he comes … He is coming near,” at which point he fled.

“There were people hiding, seeking to attack me,” he said.

Saraswati, a leader of the Hindu extremist Vishwa Hindu Parishad (World Hindu Council), was assassinated by a Maoist group, but Christians were falsely blamed for it. The ensuing anti-Christian attacks killed more than 100 people and burned 4,640 houses, 252 churches and 13 educational institutions. Violence also erupted in Kandhamal district during Christmas week of 2007, killing at least four Christians and burning 730 houses and 95 churches.

The area where Nayak lives and works was one of the worst-hit in the anti-Christian attacks that took place after Saraswati’s assassination.

After regaining consciousness, Nayak strained to stand up and felt blood dripping down his cheeks, he said. His bicycle was lying at a distance, its front light broken.

Nayak said he was not sure how long he lay unconscious on the road, but it was 11 p.m. by the time he managed to walk home. He said it was only by God’s grace that he “slowly, slowly reached home.”

“‘I am dying,’ were my words as I entered home and fell unconscious again,” Nayak said.

His wife Mamta Nayak, two of his children, his parents and eight villagers carried the unconscious Nayak on a cot three kilometers before getting him into an auto-rickshaw and on to Raikia Government Hospital at 1 a.m.

A doctor was summoned from his home to attend to Nayak, who required stitches on the right side of his forehead. He sustained injuries to his right knee, face, an area near the ribs and chest, and he still has difficulty chewing food, Nayak said.

“I feel nausea and pain in my head as I move my jaw,” he said.

Feeling weak from blood loss, Nayak received a saline solution intravenously for eight days in the hospital. He said he earns very little and had to sacrifice some of his valuables to pay the medical expenses. The doctor advised him to undergo a head scan, which he has eschewed as he cannot afford it, he said.

Pani told Compass that Nayak has refused to file any complaints with police out of fear of retaliation.

Nayak explained, “The police will not take any action, and we have seen in the past that I will be threatening my life by doing so.”

Report from Compass Direct News

Muslim Mob Kills Wife, Children of Christian in Pakistan


Fearing local religious leader, area police refuse to file murder complaint.

ISLAMABAD, Pakistan, July 8 (CDN) — A Muslim mob in Jhelum, Pakistan murdered the wife and four children of a Christian last month, but local authorities are too afraid of the local Muslim leader to file charges, according to area Muslim and Christian sources.

Jamshed Masih, a police officer who was transferred 50 kilometers (31 miles) from Gujrat to Jhelum, Punjab Province, said a mob led by Muslim religious leader Maulana Mahfooz Khan killed his family on June 21 after Khan called him to the local mosque and told him to leave the predominantly Muslim colony. Jhelum is 85 kilometers (53 miles) south of Islamabad.

“You must leave with your family, no non-Muslim has ever been allowed to live in this colony – we want to keep our colony safe from scum,” Khan told Masih, the bereaved Christian told Compass.

Masih had moved to Mustafa Colony in Jhelum with his wife, two sons and two daughters and were living in a rented house. Masih said that a Muslim neighbor, Ali Murtaza, told him that area Muslims notified Khan, telling the religious leader, “We cannot allow these non-Muslims to live here, they will be a bad influence on our children.”

An anxious Masih told his wife Razia Jamshed about the local Muslim response, and they decided to bring their concern to the pastor of a local Presbyterian church, Saleem Mall.

“Pastor Saleem said, ‘I will also advise you to vacate the house, as it can be dangerous living there – these people can harm your family,” Masih said.

Masih’s neighbor, Murtaza, confirmed to Compass the response of the local Muslims and related incidents that led up to the murders. Murtaza told Compass that after Masih went to work at 7 a.m. on June 21, his children could be heard singing hymns before breakfast.

“Razia sent their eldest son to buy a packet of Surf [detergent], and he was singing a hymn on his way to buy the Surf,” Murtaza said.

Neighbors saw Masih’s s 11-year-old son come into the store, he said. The shopkeeper asked him if he was a Christian; the child responded that he was.

“The shopkeeper refused to give him the packet of Surf and spoke very harshly to him, ‘I don’t sell to any non-Muslim, you are not welcome here, don’t you dare ever come to my shop again,’” Murtaza said.

The boy went home, upset, and told his mother about the encounter; she grew worried and called her husband, saying, “Jamshed, please come home quickly, the kids and I are very worried, we must leave this house today,” Masih said.

His neighbor, Murtaza, said that shortly afterward some area residents came to the door with the Muslim religious leader, Khan.

“Your son has committed blasphemy against Muhammad, our beloved prophet – we can’t allow him to live, he should be punished,” Khan told Razia Masih, Murtaza said. “Razia got scared and said, ‘My son couldn’t do such a thing, he is only 11 years old.’”

Khan became furious and said, “Are we lying to you? You call us liars, how dare you insult us,” Murtaza said. “Someone from the crowd hit something hard on her head, and she started bleeding. The children started crying and shouted for help. Razia kept shouting for help, ‘Please have mercy on us, please let my husband come, then we can talk.’”

Jamshed Masih said his daughter telephoned police as the mob attacked his wife and children. He said he later learned that “the people kept shouting, ‘This family has committed blasphemy, they should be killed.”

Before police arrived, his family was murdered, he said.

Murtaza said Masih rushed home and was devastated to find the dead bodies of his wife and four children.

When Masih tried to file a complaint against Khan for the murder, Station House Officer (SHO) Ramzan Mumtaz refused to do so, according to Murtaza and Mall, the Presbyterian clergyman.

“He said, ‘Khan is an influential man, and he said your son has committed blasphemy – we cannot do anything against him,’” Mall said.

Murtaza added, “The SHO just said, ‘I am a poor man, I have a family, and I was pressured by higher authorities not to register the FIR [First Information Report] as Khan is a very influential man. I am sorry, I don’t have anything in my hands.’”

Contacted by Compass, SHO Mumtaz confirmed that he responded to the request to file the complaint against Khan in these exact words.

Masih has filed a complaint with the chief minister of Punjab Province begging him for justice, Mall told Compass.

“We condemn this brutal murder of innocent children in the name of Islam,” Mall said. “This has to stop now. We appeal to the government to let us live in peace.”

Report from Compass Direct News

Egyptian Couple Shot by Muslim Extremists Undaunted in Ministry


Left for dead, Christians offer to drop charges if allowed to construct church building.

CAIRO, Egypt, June 9 (CDN) — Rasha Samir was sure her husband, Ephraim Shehata, was dead.

He was covered with blood, had two bullets inside him and was lying facedown in the dust of a dirt road. Samir was lying on top of him doing her best to shelter him from the onslaught of approaching gunmen.

With arms outstretched, the men surrounded Samir and Shehata and pumped off round after round at the couple. Seconds before, Samir could hear her husband mumbling Bible verses. But one bullet had pierced his neck, and now he wasn’t moving. In a blind terror, Samir tried desperately to stop her panicked breathing and convincingly lie still, hoping the gunmen would go away.

Finally, the gunfire stopped and one of the men spoke. “Let’s go. They’re dead.”

 

‘Break the Hearts’

On the afternoon of Feb. 27, lay pastor Shehata and his wife Samir were ambushed on a desolate street by a group of Islamic gunmen outside the village of Teleda in Upper Egypt.

The attack was meant to “break the hearts of the Christians” in the area, Samir said.

The attackers shot Shehata twice, once in the stomach through the back, and once in the neck. They shot Samir in the arm. Both survived the attack, but Shehata is still in the midst of a difficult recovery. The shooters have since been arrested and are in jail awaiting trial. A trial cannot begin until Shehata has recovered enough to attend court proceedings.

Despite this trauma, being left with debilitating injuries, more than 85,000 Egyptian pounds (US$14,855) in medical bills and possible long-term unemployment, Shehata is willing to drop all criminal charges against his attackers – and avoid what could be a very embarrassing trial for the nation – if the government will stop blocking Shehata from constructing a church building.

Before Shehata was shot, one of the attackers pushed him off his motorcycle and told him he was going to teach him a lesson about “running around” or being an active Christian.

Because of his ministry, the 34-year-old Shehata, a Coptic Orthodox Christian, was arguably the most visible Christian in his community. When he wasn’t working as a lab technician or attending legal classes at a local college, he was going door-to-door among Christians to encourage them in any way he could. He also ran a community center and medical clinic out of a converted two-bedroom apartment. His main goal, he said, was to “help Christians be strong in their faith.”

The center, open now for five years, provided much-needed basic medical services for surrounding residents for free, irrespective of their religion. The center also provided sewing training and a worksite for Christian women so they could gain extra income. Before the center was open in its present location, he ran similar services out of a relative’s apartment.

“We teach them something that can help them with the future, and when they get married they can have some way to work and it will help them get money for their families,” Shehata said.

Additionally, the center was used to teach hygiene and sanitation basics to area residents, a vital service to a community that uses well water that is often polluted or full of diseases. Along with these services, Shehata and his wife ran several development projects, repairing the roofs of shelters for poor people, installing plumbing, toilets and electrical systems. The center also distributed free food to the elderly and the infirm.

The center has been run by donations and nominal fees used to pay the rent for the apartment. Shehata has continued to run the programs as aggressively as he can, but he said that even before the shooting that the center was barely scraping by.

“We have no money to build or improve anything,” he said. “We have a safe, but no money to put in it.”

 

Tense Atmosphere

In the weeks before the shooting, Teleda and the surrounding villages were gripped with fear.

Christians in the community had been receiving death threats by phone after a Muslim man died during an attack on a Christian couple. On Feb. 2, a group of men in nearby Samalout tried to abduct a Coptic woman from a three-wheeled motorcycle her husband was driving. The husband, Zarif Elia, punched one of the attackers in the nose. The Muslim, Basem Abul-Eid, dropped dead on the spot.

Elia was arrested and charged with murder. An autopsy later revealed that the man died of a heart attack, but local Muslims were incensed.

Already in the spotlight for his ministry activities, Shehata heightened his profile when he warned government officials that Christians were going to be attacked, as they had been in Farshout and Nag Hammadi the previous month. He also gave an interview to a human rights activist that was posted on numerous Coptic websites. Because of this, government troops were deployed to the town, and extremists were unable to take revenge on local Christians – but only after almost the
entire Christian community was placed under house arrest.

“They chose me,” Shehata said, “Because they thought I was the one serving everybody, and I was the one who wrote the government telling them that Muslims were going to set fire to the Christian houses because of the death.”

Because of his busy schedule, Shehata and Samir, 27, were only able to spend Fridays and part of every Saturday together in a village in Samalut, where Shehata lives. Every Saturday after seeing Samir, Shehata would drive her back through Teleda to the village where she lives, close to her family. Samalut is a town approximately 105 kilometers (65 miles) south of Cairo.

On the afternoon of Feb. 27, Shehata and his wife were on a motorcycle on a desolate stretch of hard-packed dirt road. Other than a few scattered farming structures, there was nothing near the road but the Nile River on one side, and open fields dotted with palm trees on the other.

Shehata approached a torn-up section of the road and slowed down. A man walked up to the vehicle carrying a big wooden stick and forced him to stop. Shehata asked the man what was wrong, but he only pushed Shehata off the motorcycle and told him, “I’m going to stop you from running around,” Samir recounted.

Shehata asked the man to let Samir go. “Whatever you are going to do, do it to me,” he told the man.

The man didn’t listen and began hitting Shehata on the leg with the stick. As Shehata stumbled, Samir screamed for the man to leave them alone. The man lifted the stick again, clubbed Shehata once more on the leg and knocked him to the ground. As Shehata struggled to get up, the man took out a pistol, leveled it at Shehata’s back and squeezed the trigger.

Samir started praying and screaming Jesus’ name. The man turned toward her, raised the pistol once more, squeezed off another round, and shot Samir in the arm. Samir looked around and saw a few men running toward her, but her heart sank when she realized they had come not to help them but to join the assault.

Samir jumped on top of Shehata, rolled on to her back and started begging her attackers for their lives, but the men, now four in all, kept firing. Bullets were flying everywhere.

“I was scared. I thought I was going to die and that the angels were going to come and get our spirits,” Samir said. “I started praying, ‘Please God, forgive me, I’m a sinner and I am going to die.’”

Samir decided to play dead. She leaned back toward her husband, closed her eyes, went limp and tried to stop breathing. She said she felt that Shehata was dying underneath her.

“I could hear him saying some of the Scriptures, the one about the righteous thief [saying] ‘Remember me when you enter Paradise,’” she said. “Then a bullet went through his neck, and he stopped saying anything.”

Samir has no way of knowing how much time passed, but eventually the firing stopped. After she heard one of the shooters say, “Let’s go, they’re dead,” moments later she opened her eyes and the men were gone. When she lifted her head, she heard her husband moan.

 

Unlikely Survival

When Shehata arrived at the hospital, his doctors didn’t think he would survive. He had lost a tremendous amount of blood, a bullet had split his kidney in two, and the other bullet was lodged in his neck, leaving him partially paralyzed.

His heartbeat was so faint it couldn’t be detected. He was also riddled with a seemingly limitless supply of bullet fragments throughout his body.

Samir, though seriously injured, had fared much better than Shehata. The bullet went into her arm but otherwise left her uninjured. When she was shot, Samir was wearing a maternity coat. She wasn’t pregnant, but the couple had bought the coat in hopes she soon would be. Samir said she thinks the gunman who shot her thought he had hit her body, instead of just her arm.

The church leadership in Samalut was quickly informed about the shooting and summoned the best doctors they could, who quickly traveled to help Shehata and Samir. By chance, the hospital had a large supply of blood matching Shehata’s blood type because of an elective surgical procedure that was cancelled. The bullets were removed, and his kidney was repaired. The doctors however, were forced to leave many of the bullet fragments in Shehata’s body.

As difficult as it was to piece Shehata’s broken body back together, it paled in comparison with the recovery he had to suffer through. He endured multiple surgeries and was near death several times during his 70 days of hospitalization.

Early on, Shehata was struck with a massive infection. Also, because part of his internal tissue was cut off from its blood supply, it literally started to rot inside him. He began to swell and was in agony.

“I was screaming, and they brought the doctors,” Shehata said. The doctors decided to operate immediately.

When a surgeon removed one of the clamps holding Shehata’s abdomen together, the intense pressure popped off most of the other clamps. Surgeons removed some stomach tissue, part of his colon and more than a liter of infectious liquid.

Shehata could not eat normally and lost 35 kilograms (approximately 77 lbs.). He also couldn’t evacuate his bowels for at least 11 days, his wife said.

Despite the doctors’ best efforts, infections continued to rage through Shehata’s body, accompanied by alarming spikes in body temperature.

Eventually, doctors sent him to a hospital in Cairo, where he spent a week under treatment. A doctor there prescribed a different regimen of antibiotics that successfully fought the infection and returned Shehata’s body temperature to normal.

Shehata is recovering at home now, but he still has a host of medical problems. He has to take a massive amount of painkillers and is essentially bedridden. He cannot walk without assistance, is unable to move the fingers on his left hand and cannot eat solid food. In approximately two months he will undergo yet another surgery that, if all goes well, will allow him to use the bathroom normally.

“Even now I can’t walk properly, and I can’t lift my leg more than 10 or 20 centimeters. I need someone to help me just to pull up my underwear,” Shehata said. “I can move my arm, but I can’t move my fingers.”

Samir does not complain about her condition or that of Shehata. Instead, she sees the fact that she and her husband are even alive as a testament to God’s faithfulness. She said she thinks God allowed them to be struck with the bullets that injured them but pushed away the bullets that would have killed them.

“There were lots of bullets being shot, but they didn’t hit us, only three or four,” she said. “Where are the others?”

Even in the brutal process of recovery, Samir found cause for thanks. In the beginning, Shehata couldn’t move his left arm, but now he can. “Thank God and thank Jesus, it was His blessing to us,” Samir said. “We were kind of dead, now we are alive."

Still, Samir admits that sometimes her faith waivers. She is facing the possibility that Shehata might not work for some time, if ever. The couple owes the 85,000 Egyptian pounds (US$14,855) in medical bills, and continuing their ministry at the center and in the surrounding villages will be difficult at best.

“I am scared now, more so than during the shooting,” she said. “Ephraim said do not be afraid, it is supposed to make us stronger.”

So Samir prays for strength for her husband to heal and for patience. In the meantime, she said she looks forward to the day when the struggles from the shooting are over and she can look back and see how God used it to shape them.

“There is a great work the Lord is doing in our lives, we may not know what the reason is now, but maybe some day we will,” Samir said.

 

Government Opposition

For the past 10 years, Shehata has tried to erect a church building, or at a minimum a house, that he could use as a dedicated community center. But local Muslims and Egypt’s State Security Investigations (SSI) agency have blocked him every step of the way. He had, until the shooting happened, all but given up on constructing the church building.

On numerous occasions, Shehata has been stopped from holding group prayer meetings after people complained to the SSI. In one incident, a man paid by a land owner to watch a piece of property near the community center complained to the SSI that Shehata was holding prayer meetings at the facility. The SSI made Shehata sign papers stating he wouldn’t hold prayer meetings at the center.

At one time, Shehata had hoped to build a house to use as a community center on property that had been given to him for that purpose. Residents spread a rumor that he was actually erecting a church building, and police massed at the property to prevent him from doing any construction.

There is no church in the town where Shehata lives or in the surrounding villages. Shehata admits he would like to put up a church building on the donated property but says it is impossible, so he doesn’t even try.

In Egypt constructing or even repairing a church building can only be done after a complex government approval process. In effect, it makes it impossible to build a place for Christian worship. By comparison, the construction of mosques is encouraged through a system of subsidies.

“It is not allowed to build a church in Egypt,” Shehata said. “We can’t build a house. We can’t build a community center. And we can’t build a church.”

Because of this, Shehata and his wife organize transportation from surrounding villages to St. Mark’s Cathedral in Samalut for Friday services and sacraments. Because of the lack of transportation options, the congregants are forced to ride in a dozen open-top cattle cars.

“We take them not in proper cars or micro-buses, but trucks – the same trucks we use to move animals,” he said.

The trip is dangerous. A year ago a man fell out of one of the trucks onto the road and died. Shehata said bluntly that Christians are dying in Egypt because the government won’t allow them to construct church buildings.

“I feel upset about the man who died on the way going to church,” he said.

 

Church-for-Charges Swap

The shooters who attacked Shehata and Samir are in jail awaiting trial. The couple has identified each of the men, but even if they hadn’t, finding them for arrest was not a difficult task. The village the attackers came from erupted in celebration when they heard the pastor and his wife were dead.

Shehata now sees the shooting as a horrible incident that can be turned to the good of the believers he serves. He said he finds it particularly frustrating that numerous mosques have sprouted up in his community and surrounding areas during the 10 years he has been prevented from putting up a church building, or even a house. There are two mosques alone on the street of the man who died while being trucked to church services, he said.

Shehata has decided to forgo justice in pursuit of an opportunity to finally construct a church building. He has approached the SSI through church leaders, saying that if he is allowed to construct a church building, then he will take no part in the criminal prosecution of the shooters.

“I have told the security forces through the priests that I will drop the case if they can let us build the church on the piece of land,” he said.

The proposal isn’t without possibilities. His trial has the potential of being internationally embarrassing. It raises questions about fairness in Egyptian society during an upcoming presidential election that will be watched by the world.

Regardless of what happens, Shehata said all he wants is peace and for the rights of Christians to be respected. He said that in Egypt, Christians have less value than the “birds of the air” mentioned in the Bible. According to Luke 12:6, five sparrows sold for two pennies in ancient times.

“We are not to be killed like birds, slaughtered,” he said. “We are human.”

Report from Compass Direct News

Pakistani Muslims Allegedly Poison Christian Employees to Death


Two brothers die, third in critical condition, after complaining they were not paid.

GUJRANWALA, Pakistan, December 15 (CDN) — Muslim employers of three Christian sanitation workers at a banquet/wedding hall here allegedly poisoned the three workers yesterday, killing two of them; at press time the third was struggling for life in intensive care.

The father of the three workers, Yousaf Masih, said the owner of the hall, along with the manager, poisoned his sons because they were Christians who had dared to ask for pay owed to them.

Imran Masih, 29, and Irfan Masih, 25, died at the Ferozewala Pul Banquet & Marriage Hall after being forced to drink something that was heavily poisoned, Yousaf Masih said. The third worker, 23-year-old Aakash Masih, was in critical condition at the Intensive Care Unit of Civil Hospital Gujranwala, in Punjab Province.

“It appears from the position they were in that they were forced to consume some kind of poisoned drink, or a drug, and they were left there to die,” Yousaf Masih said. “The administration of the banquet and wedding hall did not call a hospital or take them to a hospital – instead they called us after the death of two of our loved ones.”

The Peoples Colony police station has registered a murder and deception case against Imtiyas Warriach, owner of the Ferozewala Pul Banquet & Marriage Hall, and hall manager Abid Virk. At press time they remained at large.

The chief of the Peoples Colony police station was not available for comment, but an officer told Compass that the two suspects would be arrested soon.

The family learned of the deaths when another of Yousaf Masih’s sons, 21-year-old Javed Masih, received a telephone call at home from the owner, Warriach, saying that his older brother Imran Masih was lying dead on the floor of the wedding hall.

Because they had not been paid, the three brothers had left the hall to work elsewhere before returning this past weekend. Javed Masih said he spoke by telephone on Friday (Dec. 11) with Warriach, when the owner called asking for his three brothers to return to work.

“The owner and manager of the wedding hall called me in the early morning of Dec. 11 and pleaded for my three brothers to rejoin and start working,” Javed Masih said. “They promised to reimburse their previous outstanding wages, as well as pay them a Christmas bonus and overtime. At this my brothers agreed and went to work the next morning.”

When Yousaf and Javed Masih were summoned to the wedding hall yesterday, they found Imran Masih and Irfan Masih dead. Aakash Masih was alive but lying still on the floor, they said.

Yousaf Masih said his sons had long told him that owner Warriach and manager Virk refused to pay their daily wages, and that the managers and staff members at the hall spoke derogatorily to them for being Christians.

“On demand of their daily wages, the owner and manager had threatened them that they would continue to work without payment or face the dire consequences,” Yousaf Masih said. “After my sons rejoined as sanitation workers, both Warriach and Virk started to make fun of them for leaving the job previously. Both the Muslim men mocked my sons for being Christian and called them by pejorative names such as ‘Choohra.’”

Yousaf Masih, 47, told Compass at the Sargodha offices of human rights group Rays of Development Organization that his sons had worked at the same wedding hall since the day it opened in 2005. Sobbing, he said that the owner and manager had never paid them their full wages during that time, so they had begun looking for other work a few weeks before the Islamic festival of sacrifice, called Eid-ul-Azha.

Muslims refrain from marrying during the Islamic month of Muharram, so in the small window of time between the start of that month and the end of the Eid-ul-Azha festival, wedding halls thrive and require all available help, he said.

Javed Masih said the bodies of Imran Masih and Irfan Masih were moved to the morgue at Civil Hospital Gujranwala for autopsy.

Report from Compass Direct News 

The Jesus Boat: Videos on the Discovery


In 1986, a long lost boat that was used by people living in the time of Jesus, was discovered in the Sea of Galilee. It was discovered following a drought that caused it be revealed after many centuries of lying beneath the sea of Galilee. These videos are about this boat: