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WHAT THE CALIPHATE-O.T.O.
DOES NOT WANT YOU TO KNOW

The following post was not written by Peter-R. Koenig, but by Anthony Naylor before he lost his case against the 'Caliphate'


  • William Breeze moved from the USA to Germany, where the American O.T.O. has no legal status, and a court has ruled it cannot exercise its US Rights.
  • Breeze doesn't seem to be telling his most Senior colleagues what is going on — The 'Caliphate'-O.T.O. Officers are having to get copies of court documents etc. from John Symonds/Anthony Naylor so they can find out what is really happening!
    As Trustees of the OTO, the IX°’s all have rights to be kept fully informed, but Breeze doesn’t trust his trustees ... and it also appears from the looks of things, that they don’t even trust each other.
  • The Crowley-Archive has been moved to whereabouts unknown (can you guess where?). Nobody i.e. the other IX° trustees were not notified and apparently, not one of the 'Caliphate' Sovereign Sanctuary IX°’s can find out where it is ... Why?
  • Breeze has been selling off Crowley material from the Archive, to help pay for the copyright case in England.
  • Also to help pay the legal costs of the Copyright Case in England the 'Caliphate' has borrowed money against the asset value of the Archive (Crowley’s ring, the manuscript of the Book of the Law, etc.)
    If Symonds/Naylor/Mandrake Press do indeed win the copyright case in the UK, the 'Caliphate' will lose the Archive forever.
  • In Germany Marcus Jungkurth has taken out a second mortgage on his house as security to pay towards the 'Caliphate's legal bills in the Copyright Case — £35,000 has been contributed so far! Another £20,000 has been requested! If Symonds/Naylor/Mandrake Press win and the 'Caliphate' ends bankrupt Jungkurth will still have to pay off this second mortgage.
    Breeze forgot to tell Jungkurth that as a financial backer of the Caliphate-O.T.O. Case (which he now is) that when Symonds/Naylor win he (Jungkurth) is now personally liable under English and European Law for all costs that the Caliphate-O.T.O. are unable to pay.
    Hence Jungkurth's liability as a supporter of the 'Caliphate' is now effectively unlimited. Anyone else making donations to the 'Caliphate's legal fund is also subject to the same open-ended liability. So if you've already contributed to the Legal Fund, you will be personally liable if the 'Caliphate' defaults on the legal costs.
  • Caliphate-O.T.O.’s primary case is based on their claim that Crowley’s Last Will and Testament is invalid. Caliphate-O.T.O. lawyers wrote in open correspondence to Naylor 17th September 1999 ... "our client’s primary contention is that the copyrights are not, and never have been, . . . part of Crowley’s testamentary estate" and in the same letter ... "no question of our client being ‘consider(ed) as a beneficiary’ arises"!
    This is the exact OPPOSITE of their plea (and sworn evidence) in the 9th Circuit Court case in the USA (1985).
  • The 'Caliphate’s current claim is that Crowley was a Bankrupt and the Will was invalid! ...
  • The 'Caliphate' merely purchased the rights from the Official Receiver that he alleged that he "may have, if any".
  • The 'Caliphate's lawyers have argued their case without checking all their evidence properly - which can result in contempt of court under the English legal system. When they were asked to produce evidence of their assertions, these same lawyers couldn't even furnish photocopies; they asserted rather lamely that the photocopying alone would cost £10,000...
  • When the 'Caliphate' lawyers served their writ on Symonds/Naylor/Mandrake Press they did so ‘accidentally’ — in their own words "Service was inadvertent"!
  • The 'Caliphate' lawyers recently wrote to the Court that the Official Receiver shredded all the paperwork relating to the purchase of the Copyrights by the 'Caliphate' — that is very inconvenient especially as Symonds/Naylor/Mandrake Press had been asking the 'Caliphate' lawyers for copies of these same papers over the two preceding years.
  • The 'Caliphate' has refused to negotiate, arbitrate, meet or otherwise make any attempt to avoid expensive legal action — Symonds/Naylor/Mandrake Press have made numerous attempts to negotiate, arbitrate and/or meet with Breeze.
    A review of the correspondence between Symonds/Naylor/Mandrake Press and the 'Caliphate' lawyers quite clearly shows that :-
    1. it is the 'Caliphate' who are intransigent, uncommunicative, unco-operative and who appear anxious, to the point of desperation, to issue legal proceedings
    2. The 'Caliphate' lawyers have apparently failed to fulfil their obligations under the Civil Procedure Rules (April 1999) :-
      "Clients and their legal advisors will be expected to have considered fully Alternative Dispute Resolution (ADR) and be ready to explain to the court why it has not been used or has not succeeded.
      Pre-action conduct. More work will have to be done before proceedings are issued. More notice will need to be given to the other party, and more details of the claimant’s case will need to be given in the "letter before action". The court will be looking for evidence that ADR has been considered, and an explanation as to why it has not been utilized, or has failed. Pre-action conduct, including the approach taken to ADR, is likely to be reflected in cost penalties.
      Summary judgment. There will be an increased ability to determine proceedings by way of summary judgment, a "fast track" procedure.
      Costs. The court will now have a wide discretion when awarding costs at the conclusion of a case. While the "loser pays costs" principle remains the general rule, the court will take into account the conduct of the parties, both before and after proceedings are issued, when considering costs. At all times, the court will be looking for "reasonable" conduct.
      Summary assessment of costs. Costs will also be summarily assessed and ordered (payable immediately) at the conclusion of interim or "interlocutory" hearings. This is aimed at reducing the number of interlocutory hearings which are the result of unreasonable conduct and/or employed for tactical advantage only."
    • The 'Caliphate' lawyers are aware of these requirements and have refused to explore ADR with Symonds/Naylor/Mandrake Press.
  • After the 'Caliphate' loses in court, Symonds’/Naylor’s lawyers will probably be instructed to file a complaint in the USA under the Racketeer Influenced Corrupt Organisation Act ...?
  • The 'Caliphate' is being sued for libel in the USA. A similar case was settled for $3 million.
    The 'Caliphate' is going to lose by default because the 'Caliphate' Officials involved have refused to accept service of the Court Papers!



    Date of this posting: End of May 2000. Naylor lost his case against the 'Caliphate'; for the wider context, return to the Justice main page.


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