By post (in French), by secure (INCA) email and by email?
Dear Sabina Mascotto (Tribunal de Police) ?
Translated into French and sent by post. For legal reasons the English version is to be considered.
In spite of the fact that you have cancelled an apparently illegitimate process in the Tribunal de Police, you are still requiring me to attend a hearing on September 2nd?2024. Please could you justify the purpose of this.
This refers to my whistleblowing case with the INTERNATIONAL SCHOOL OF GENEVA (also referred to as Ecolint), starting whilst VICKY TUCK (FORMER HEAD OF CHELTENHAM LADIES COLLEGE), MARK POOLE (Virgin), DAVID OGDEN (OFFICIAL UN REPRESENTATIVE), Melaye Ras Work (Efficio, PPE), Nick Thornton (Czura Thornton) and Geneva state representative, PASCAL EMERY, were amongst those at its helm.
You only admitted that this process was illegitimate after I raised concerns and after the deadline you had provided for me to submit a list of evidence and witnesses. Since you have now reversed your decision and decided to persist in continuing with this illegitimate process, which I consider to be further judicial harassment in courts under M Olivier Jornot’s jurisdiction, then please kindly provide me with a new deadline for providing a list of witnesses and requests for evidence. Since you have not provided this within a reasonable time,?I respectfully request a postponement of the September 2nd?hearing to allow time for you to contact the witnesses who will testify.
Similarly, and as procedural law and the right to a fair trial dictate,?I will need the outcomes of criminal proceedings which Mme Monica Bonfanti (Head of the Geneva Police) and others have confirmed to have taken place and which have also resulted in records being held in several jurisdictions.?As you know, even though my criminal complaints (dating back to 2013) were confirmed to be in file?P/17792/2021 (see attached letter from Mme Monica Bonfanti), M Olivier Jornot has personally refused to provide outcomes and has still not referred to or addressed serious alleged legal faults in processes. This includes in file P/14448/2018 in which Pascal Emery’s (Geneva state representative on the Board of the International School of Geneva) insulting medical diagnosis of me (three weeks after an allegedly corrupt forced psychiatric evaluation with the unauthorised presence of Canadian businessman, Michael W Birchard) to exonerate British citizen, Vicky Tuck, is endorsed.?Therefore, I request that this hearing is postponed until I have received the outcomes of all these criminal complaints, data I have repeatedly requested and responses to the numerous procedural concerns I have raised, including over this process illegitimately started by you.
I am also waiting for the outcomes of complaints about M Olivier Jornot, which were referred back to the Geneva judiciary by the Swiss deputy Attorney-General,?so please could this process in a court overseen by M Olivier Jornot be postponed until the pertinent Geneva authority has delivered its verdict.
Given the challenges I have apparently faced in obtaining independent legal representation and that I feel that I have never had any representation or advocacy in any court in Geneva,?then I request that you postpone this hearing to allow me time to confirm and prepare with a lawyer.?I am entitled to independent legal representation if I so chose. As you well know, though, my last lawyer Me Arnaud Moutinot, has been confirmed to be subject to a separate procedure following my concerns that he was one of several lawyers I paid to work against my best interests.
Given all the concerns and allegations I have raised over apparent lack of respect for procedural law in Geneva courts, I had not expected you to continue with a process which you have admitted is illegitimate. Similarly, Prosecutor Mme Lorena Henry (whom I have never met) admitted that her forced appointment of state lawyer, Me Nehanda Mauron-Mutambirwa, was unjustified and therefore also illegitimate, yet she was allowed to unilaterally endorse her own decision to CRIMINALISE me, including based on evidence which had been thrown out by the first prosecutor.
In spite of repeated complaints about Me FRANCOISE Markarian (which the Bar Commission wrote have apparently been 'presidentially classified'), including that she did not have a valid power-of-attorney when she filed criminal complaints against me, requests that this lawyer be RESTRAINED from contacting me, and requests to the INTERNATIONAL SCHOOL OF GENEVA that my harassment cease, I have now been placed in copy of an exchange between you and her in which she attempts to gain an exemption for any members of the International School of Geneva to attend this hearing – with M Olivier Jornot in copy.
Questions continue to be raised, including by parents at the International School of Geneva, about if, why and how the International School of Geneva has funded whistleblower litigation on behalf of management and former Board members (see attached note on Ecolint finance) whilst M Laurent Falvert has been Director of Finance and Administration as well as a signatory on a mysterious dormant 9.5m foundation, the Director-General of the International School of Geneva Pension fund (which Me Francoise Markarian is also now representing for some reason), etc.
It is still not clear whose interests Me Francoise Markarian is representing (see below) and why the International School of Geneva Board publicly denied initiating litigation against lawyers, calling into question the legitimacy of criminal complaints which she did not have a power-of-attorney to file.
Furthermore, Pierre Thelin (Geneva Court of Appeal) has written, amongst other things, that apparently I can't appeal decisions by the CMS (Conseil supérieur de la magistrature) because of my STANDING AS A WHISTLEBLOWER which would also appear to be illegitimate and discriminatory.
The case is now not being looked at by the Swiss Public Prosecutor's Office, so I feel it has passed well beyond the Tribunal Penal. However, if you insist that this illegitimate process continues on September 2nd, even after you have admitted it was not legitimate,?then please could you ensure that I am given sufficient time and information to ensure that my rights to a fair and open trial are respected.
I have also requested consular assistance from the Irish and British consulates, so please could this hearing be postponed until representatives from both consulates have confirmed that a consular intervention is in place.
You have written that only oral evidence will be considered. I have repeatedly expressed concerns about misrepresentations in hearing minutes in Olivier Jornot’s courts which have yet to be corrected.?Therefore, I request that stewards be present in this open trial, as well as the witnesses who will testify.?I’m sure that all Geneva authorities implicated, including (but not limited to) OCIRT, the Geneva Police, the Cour des Comptes, the Ministère public, the Court of Justice and the Court of Appeal will all provide the data held by them, including relating to files?P/17792/2021 and P/14448/2018.
Therefore, since the deadline of May 21st for witnesses and evidence was initially provided before you then cancelled this process because of its illegitimacy, please provide another reasonable deadline for a list of witnesses and evidence to be submitted.
If this hearing goes ahead, I presume that it will be in an open court and that all members of the highest authority in the International School of Geneva (the Board) will be expected to attend and defend the position of the school since 2013 - when Vicky Tuck irrefutably concealed evidence of a damaging false allegation process against me and the context of the serious allegations I had repeatedly raised.
If this hearing goes ahead, I presume that you will have read all the evidence submitted to the Ministère public, including all documentation relating to files?P/17792/2021 and P/14448/2018.
I remind you of some of the allegations I have raised about Me Francoise Markarian, which, according to the president of the Geneva Bar Commission, have been ‘presidentially’ filed, presumably by M Olivier Jornot. Please see some of the complaints I have repeatedly raised about Me Francoise Markarian below this letter, which are so serious that they surely raise concerns about possible links between Me Markarian and M Olivier Jornot and the role of Olivier Jornot. You will have taken note of the fact that criminal complaints referred by the Geneva Police to the Geneva include OFFICIAL blacklisting and serious alleged legal corruption which has included lawyers working against my best interests. I refer you to the EU COMMISSION PROCEDURAL LAW UNIT letter, which has been labelled by the EU Commission as ‘non_comp’.
It seems that, because of his roles as Geneva Attorney- General and president of the judicial power management commission, concerns have been raised about M Olivier Jornot’s power. See below:
You will also find below (or attached) my 76-point complaint to M Christian Coquoz (Geneva Court of Justice) about decisions taken by Mme Daniela Chiabudini over an allegedly corrupt and sham SLAPP (strategic lawsuit against public participation) process which has resulted in my criminalisation. This document includes some of the pertinent facts and appeal points.
I anticipate either your cancellation of this hearing on September 2nd?because you have admitted that this process is illegitimate, or your immediate response to each of the points I have raised (including with regard to transparency and respect for my right to a fair trial)?which I have underlined above?and a favourable response to my request for a postponement of the hearing on September 2nd?2024.
Summary of complaints against Francoise Markarian.
- Me Francoise Markarian has filed criminal complaints against me without any power-of-attorney to do so, possibly tantamount to at least fraudulent misrepresentation. Me Francoise Markarian unilaterally filed criminal complaints on September 14th 2021, without any legitimate authorisation from any member of the International School of Geneva (Criminal complaint dossier submitted by Me Francoise Markarian to the Ministère public on September 14th 2021). Me Francoise Markarian has not provided me with any valid power-of-attorney from the Board of the International School of Geneva, before she filed the criminal complaints, or since. The International School of Geneva Board has publicly proclaimed that it never initiated whistleblower litigation.
- Me Francoise Markarian, the Ministère public and the International School of Geneva have not disclosed the outcomes of confirmed criminal processes at the Ministère public following my criminal complaints which were in in file P/17792/2021 first, and not included them all in the version file P/17792/2021 finally provided to me in January 2022.
- Me Francoise Markarian has knowingly filed false criminal complaints against me (apparently signed by Laurent Falvert and David Hawley) in spite of having made one of the same false allegations in 2019 with no evidence, for the reason she has admitted to Me Jacqueline Mottard."Me Markarian let me understand that their aim was not to have you condemned but to make you stop this campaign ..."
- Me Francoise Markarian has failed to provide a legible power-of-attorney for her representation of the International School of Geneva Pension Fund. Since Laurent Falvert is the Director-General of the International School of Geneva, it could be reasonably assumed that he has unilaterally instructed her, or (since it does not appear to be his signature on the power-of attorney)?that she does not have a valid mandate to represent the International School of Geneva pension fund either.
- Me Francoise Markarian and Laurent Falvert have represented the International School of Geneva in two criminal hearings, Markarian and Laurent Falvert have represented the International School of Geneva in two criminal hearings,?apparently with no mandate from the Board of the International School of Geneva.?During this criminal process I have raised concerns about procedural faults (in numerous letters to M Olivier Jornot, Mme Judith Levy Owczamczak and M Lorena Henry) and that Me Francoise Markarian and Laurent Falvert have presented evidence which is years out of date, misrepresented evidence which only existed months after their criminal complaints were filed - and even apparently implicated the International Baccalaureate Organisation without evidence. Even though Mme Judith Levy Owczamczak threw their incredulous evidence out, Mme Lorena Henry, a prosecutor I have never met and who seems to have demonstrated her own lack of impartiality through appointing a state lawyer without justification.
- Me Francoise Markarian, the Ministère public or the International School of Geneva has not disclosed the outcomes of three further criminal complaints filed by the International School of Geneva.
- Me Francoise Markarian has knowingly engaged in a so-called appeals process at the Tribunal Penal, when she knew that prosecutor, Mme Lorena Henry, wrote (in her February 14th 2024 decision to maintain her own April 19th 2023 criminalisation of me) that this decision was not subject to appeal. With regard to this I shall also be reporting Mme Sabina Mascotto, who seems to have ignored this directive. This tribunal process solicited the submission of further evidence, may have incurred extra costs, and may have caused me further distress. Me Francoise Markarian has repeatedly engaged in court processes which should never have taken place and the Bar Commission will be able to investigate who has instructed her to engage in her legal strategies since 2013. Further (but not exhaustive) expansion and points follow:
Francoise Markarian has repeatedly claimed to be representing the INTERNATIONAL SCHOOL OF GENEVA in criminal complaints against me.
A letter which bears the date 14th September 2021 (Evidence 1) indicates that Me Francoise Markarian filed criminal complaints about me on 14th September 2021.?There is no evidence that she was authorised by any member of the International School of Geneva to initiate a criminal prosecution process against me at that time, calling into question the validity of this allegedly sham process which I am far from alone in feeling has been beset by procedural faults and lack of respect for rights, including my right to a fair trial. (Criminal complaint submitted to Public Prosecutor by Me Francoise Markarian).
- I only obtained a copy of file P/17792/2021 on January 14th 2022, with the allegations and so-called evidence, even though I had been subjected to a distressing police process and charged on November 8th after a call from the police in October (coincidentally as my husband and I were on the way to the airport to have a break from this tentacular decade-long case). It's noteworthy that I now realise that the questions the police had prepared for my interrogation seemed to relate to another International School of Geneva's whistleblower's case - not mine.
- My criminal complaints in file P/17792/2021 include two serious complaints (blacklisting and alleged legal corruption relating to a property development next door to us) and were acknowledged by the Geneva Police on September 15th 2021; a dossier of supporting evidence of alleged crimes of retribution against me, dating back to 2013 and also provided to the Ministère public by the Geneva Police, had apparently been removed from the file, in spite of this file being referenced by Monica Bonfanti, the head of the Geneva Police.
- The procuration in file P/17792/2021 was signed on September 22nd 2021 by David Hawley, who apparently left his post and Geneva in 2022 - before the end of his mandate. David Hawley has gone and there is a new Board which needs to confirm, as the highest authority in third party litigation, that it is instructing and paying Me Francoise Markarian.?Me Francoise Markarian has still not provided copies of signed procurations dating back to 2013 for confirmation of who has been instructing her legal strategy since then.
- I am not aware of any procuration signed by the Board of the International School of Geneva. In 2022, the Board even publicly denied initiating any whistleblower litigation.
- Amongst other things, petitioning parents have asked if and why the International School of Geneva is funding whistleblower litigation for management and FORMER BOARD MEMBERS (Note on Ecolint finances and related matters). Apparently non-compliance has been reported.
- David Hawley (and/or Laurent Falvert), subsequently seem to have instructed Francoise Markarian without the authorisation of the Board, the highest authority in third party litigation.
- Another scenario is that allegedly false criminal complaints against me were submitted later, and that there has been tampering with the criminal file P/17792/2021 (including the removal of my criminal complaints) within the Ministère public. In any case, Me Francoise Markarian will have been aware of the criminal complaints already in file P/17792/2021.
- I requested the assistance of the Geneva Police with restraint in 2019, after my youngest son's wedding day was sullied by a letter from Me Francoise Markarian containing the same unjustified false allegations made in 2021, and threats of three years imprisonment. Until investigations into my allegations are completed I request that the Bar Commission and the Police prohibit Me Francoise Markarian from contacting me.
- State representative, Pascal Emery, wrote in his defamatory, insulting, medical diagnosis of me in March 2015 2015 that Vicky Tuck had followed the advice of Me Francoise Markarian 'a la lettre', apparently from the beginning of this case. This implies that Markarian advised Vicky Tuck over a contractual grievance process during which Vicky Tuck concealed key evidence as well as contextual information, even if she did refer to the work climate under the management of Shona Wright and Giovanni Teti? It turns out that Vicky Tuck had already emailed key evidence (proving that I had been subject to damaging false allegations) to those management members (Head of HR, Barbara Kuebel and Shona Wright) who admitted responsibility for this distressing false allegation process before this grievance process even started, supporting that Vicky Tuck did not only conceal evidence of an alleged crime (after I was amongst those to raise concerns about failures in duty of care), but that she had been involved well before she assessed my grievance - including by her own admission.
- Substantive evidence also exists of the early involvement of Markarian, including when I contend I was being subject to 'psychological terrorisation' and including over problems with the International School of Geneva's insurers, Helsana.
- Accounts from members of the school, however, rightly or wrongly reference the involvement of someone other than Markarian in Vicky Tuck's assessment of grievance. If Geneva state players were involved in this assessment of grievance, or my confirmed BLACKLISTING (legal) from August 22nd 2013, then the Board of the International School of Geneva has an obligation to explain why and how this happened and to accept responsibility on the part of the school for any impacts, including ongoing impacts.
- I presume that Markarian, or those whose interests or actions she is representing, advised Board members Nick Thornton and David Ogden to point me towards a Tribunal Prud'hommes process in a judiciary which Markarian and Emery are members of, apparently instead of complying with the Board complaints policy and holding Vicky Tuck and other members of management to account (letters from Nick Thornton & David Ogden).
- Failing to resolve matters before going to court.?There have been several well-evidenced attempts made to mediate with the International School of Geneva including through several lawyers and the ISG Board. In 2014, an offer to meet by Me Gabriella Wennubst was rejected and several have bene rejected since.
- I am far from alone in feeling that the intention of Me Francoise was never to investigate or resolve matters, but to subject me to allegedly sham and procedurally flawed processes which have unnecessarily prolonged my distress, damaged my health and career and increased my losses for more than a decade - whilst alleged retribution and power abuses have continued. I contend that this continues to be her intention and one lawyer has even noted that she has personalised this case.
- A conciliation attempt was even made through a Tribunal Prud'hommes conciliation court. Yet in the conciliation hearing in April 2016,?Markarian accused me of lying and?of having?a 'pathologie medicale'?when she is not even a medical doctor. She referred to a psychiatric report following an allegedly corrupt forced psychiatric evaluation in March 2015 with the unauthorised presence of luxury goods expert, Michael W Birchard (who guffawed about vineyards in Dardagny with the doctor, interrogated me, took notes - and apparently falsely described himself as an interpreter). In this medical diagnosis of hers Markarian referred to the diagnosis of the aforementioned controversial doctor, who has apparently been subject to complaints by other doctors and attracted other attention. I learned, in 2017, that Markarian had used the exact 'medical diagnosis' used by Pascal Emery in his insulting defamatory letter of March 2015 (three weeks after the aforementioned psychiatric evaluation) to apparently falsely exonerate Vicky Tuck after assessing complaints about her - at her behest - with DAVID OGDEN & NICK THORNTON in copy. This suggests collusion in defamation and the full extent of it requires investigation.
- The Board will have access to dossiers of evidence submitted to the Tribunal Prud'hommes. No lawyer denies they are substantive in their evidence supporting my case, particularly my allegations of harassment. The response of Markarian apparently contains no evidence to support her contentions nor to disprove mine. Not only did this response unnecessarily?insult my husband, raising further questions about data protection, but it defames Dr. R,?another British citizen (who provided evidence of her allegations of harassment, threats, intimidation, non-renewal of contract, illegal attempts to have her sign over her pension rights - and wrote to Vicky Tuck and several Board members that she had been made to feel 'suicidal' by her treatment). What is noteworthy is that no signed witness statements were provided by the so-called witnesses (including (MANAGEMENT) Tuck, Kue*** Wri*** and T***) and that a reference written for Dr R subsequently by Wri, diametrically contradicts the assertions of Markarian, who has never met Dr R. Please see the evidence pertaining to Dr R already provided to the Board, including her written testimonies. ....
- Me Francoise Markarian apparently reneged on an agreement (17.4.2017) to discuss my case - after I had made my intention to submit a criminal complaint (compiled by another lawyer) about Emery known by sending it to my lawyer, and I had even missed a flight to go on holiday with my husband to make this criminal complaint. In spite of an email from my lawyer making it clear that Markarian would meet with her, once the deadline for making the complaint was reached she changed her mind - and I was left with insufficient time to translate all my substantive dossiers of evidence ahead of the start of proceedings - coincidentally - scheduled for days later.
- My own lawyer, Me ****** didn't make the promised contact in the days leading to this process and didn't even turn up to represent me in a court hearing which I have yet to describe fully and which led me to decide that I could not and would not continue to be a part of such a process.
- Me Francoise Markarian refused to make a fair offer of compensation, in full knowledge of my strong dossiers of evidence supporting my claims of a defamation on June 4th 2013,?the concealment of evidence in a subsequent Article 53 assessment of grievance by Vicky Tuck, harassment, contradictory and unsubstantiated reasons for my 'non-CCT dismissal', defamation by Emery, and the anomaly that my own lawyer did not even turn up to defend me in court.
- Me Francoise Markarian sent me threatening letters after I had respectfully raised my concerns with external bodies. Her letters are noteworthy.
- Me Francoise Markarian sent me a threatening letter in response to my respectful requests for investigations and transparency in the light of increasing evidence, including a threat of imprisonment in 2019, citing the same false reasons she cited in 2021, with no evidence then either. This arrived on the morning of my youngest son's wedding in November 2019, sullying that occasion.
- Me Francoise Markarian has not provided clarity over her role in any failures to comply with Swiss accounting standards and her involvement with Helsana and Loyco.
- Me Francoise Markarian mentioned my case to a former colleague of my husband's after he met with her about an unrelated issue in an unrelated context - in a further apparent breach of confidentiality.
- Me Francoise Markarian has not provided the names of the defendants in file P/17792/2021 and clarified whose best interests she is protecting.
- Me Francoise Markarian has not clarified her role in any non-compliance with Swiss reporting standards and other issues raised by the petitioning parents.
Par courrier (en fran?ais), par courriel sécurisé (INCA) et par courriel
Traduit en fran?ais et envoyé par la poste.?Pour des raisons juridiques, la version anglaise doit être prise en compte.
I await your responses to my letter of August 6th (attached).
If this September 2nd hearing goes ahead as as planned, in spite of the fact that you have confirmed that this process is not legitimate and without the postponement I have requested and in spite of the fact that I have not been invited to submit witnesses or evidence since you re-initiated this process,? please could you also kindly immediately provide a list of who will be attending on behalf of the International School of Geneva.
Since Me Francoise Markarian did not have a valid power-of- attorney when she filed these allegedly vexatious proceedings against me, I presume that she will not be permitted to attend?
