Press Release

The Smear Campaign against GAESO, Joanna Lumley and the Gurkha Justice

Campaign, orchestrated by the British MOD and Gopal Siwakoti 'Chintan'

Background

In recent months there have been various allegations and falsehoods being spread across the

British and Nepalese media about Gurkha Army Ex-Servicemen's Organisation (“GAESO”), Joanna

Lumley and the Gurkha Justice Campaign. We believe these lies are part of a broader smear

campaign orchestrated by the British Ministry of Defence (“MOD”) with the support of Gopal

Siwakoti Chintan (“Siwakoti”) a non-Gurkha and GAESO's sacked legal adviser.

We are certain that the main motivation behind this smear campaign is due to Siwakoti's

personal vendetta against the incumbent GAESO President, Mr Padam Bahadur Gurung (“the

President”) and a case of sour grapes over the MOD's humiliating defeat last year in the British

Parliament.

History

GAESO was established on 11th July 1990 by its incumbent President and GAESO's Present

Adviser (and the then-General Secretary), Dr. Chandra Bahadur Gurung. GAESO stood for all

retired/serving Gurkhas against the British Government in particular, the MOD due to the 200-year

old and still on-going discrimination of Gurkhas in its Army.

GAESO has demanded from the MOD and the British Government the following:

1. Compensation for Gurkhas without British Army Pension including Gurkha Prisoners of

War (“POW”) of the Japanese army in the Second World War;

2. Residential/settlement visa for all serving/retired Gurkhas and their families; and,

3. Pension parity for Gurkhas in line with their comrades-in-arm, the British soldiers.

GAESO stood tall and defeated the MOD in its first demand in the British Courts. The MOD

was legally compelled to pay all Gurkha POWs approximately 14 Lakhs in Nepalese Rupees

(equivalent to £10,000). There have been subsequent increases in the British Army Pension of

Gurkha pensioners directly attributable to our legal victory.

In pursuit of GAESO's second demand, Howe & Co. Solicitors (a renowned British Human

Rights law firm) led the Gurkha's legal fight against the MOD in the Royal Courts of Justice in the

UK. Following the defeat of the MOD in the British High Court, the Gurkha settlement policy was

declared to be “unlawful and irrational” by Mr Justice Blake in his judgment of the case.

Simultaneously, Joanna Lumley and the Gurkha Justice Campaign led the political battle

against the MOD and the British Government, which culminated in the humiliating defeat of the

MOD and the British Labour Government in the British Parliament.

The MOD are now working actively to destroy the third and final of our demands; equal

pensions for all Gurkha pensioners.

Smear Campaign against GAESO 

GAESO has remained silent in face of severe and unsubstantiated criticism prompted mainly

by the MOD (in particular the MOD Veterans' Minister Kevan Jones MP) and Siwakoti. The reason

being, GAESO has been working tirelessly behind the scenes drafting a White Paper containing

documentary and corroborating evidence on all the issues raised in this Press Release and also

chronicling the 200-year old discrimination of the Gurkhas by the MOD. GAESO will release this

White Paper in the very near future.

In the meantime GAESO are ready to set the record straight and expose these lies and

falsehoods orchestrated by Siwakoti and the MOD against our organisation.

1. Siwakoti - A 'Secret Spy'?

Siwakoti has alleged that he worked as GAESO's legal adviser for 10 years despite being aware

of the alleged 'corruption and malpractice' within GAESO. In fact, Siwakoti was sacked due to a

litany of unprofessional conduct not least of which was the embezzlement of Tul Bahadur Pun VC's

personal bank account and his sex scandal in the UK. (See Point 5 below)

Siwakoti is now stated to be working for a splinter group of sacked GAESO members led by

himself as its de-facto leader and legal adviser. Please note these sacked GAESO members are

infringing the copyright laws of Nepal and the UK as they are unlawfully using GAESO's title,

logos and images in its correspondence and press releases. GAESO are actively seeking legal

advice on this unlawful copyright infringement and will be pursuing this matter through the

Nepalese and British Courts in the near future.

In response, to why Siwakoti remained with GAESO despite his knowledge of alleged

'corruption and malpractice' within GAESO, he and his splinter group have declared that Siwakoti

was some form of secret spy within GAESO for 10 years. This statement is totally incredible and

ridiculous. This is just an attempt to justify why he stayed on the payroll of GAESO, receiving a

hefty salary paid for by our Gurkha members' voluntary contributions.

To prove further prove the falsehood that Siwakoti was a spy within GAESO for the splinter

group, we need not look further than the contradictions in his own past and present personal

statements/press releases to the press. Siwakoti claims to have warned people about the alleged

'corrupt malpractices' of GAESO in 2002 and 2006 in the form of written articles.If he was indeed

a 'secret spy' gathering information for the splinter group then why was he allegedly supposed to be

warning the public at large in 2002 and 2006. The fact is he never wrote such articles during those

period and he did not warn anybody as such alleged 'malpractice' never took place.

Siwakoti cannot pretend to be 'a secret James Bond spy' within GAESO and at the same time

allege to the world he was giving warning to everybody since 2002. The logic of his lies are proven

within his own statements/press releases.

Furthermore, Siwakoti has claimed that he has been a 'secret spy' of the splinter group since

2002-2006. Again this is a lie, the splinter group was only formed on April 2009.

 

2. The Mendacity of Siwakoti

If indeed it is accepted that Siwakoti was a 'secret spy' allegedly warning the world at large

about the 'corrupt malpractices' of GAESO then why did he personally draft an open letter (on

behalf of GAESO and its President) to the MOD and Howe & Co. which completely denied any

wrongdoing on GAESO's part. This man has no credibility whatsoever.

On 12th September 2007, in response to Howe & Co.'s queries regarding the raising of illegal

funds as a pre-condition to access its lawyers, Siwakoti personally drafted an open letter denying

these allegations which were made by the MOD. An excerpt of this letter reads:

“...whenever GAESO is asked by any Gurkha and his family members about where they can get

immigration legal advice, GAESO does not request any financial contribution or payment of any

fees or moneys as a pre-condition for giving such advice.”

Siwakoti alleges now he was fully aware since 2002 that GAESO raised illegal funds for access

to lawyers. Therefore by his own admission he is saying that the open letter he drafted to Howe &

Co and the MOD was a lie. This man is a compulsive liar.

Siwakoti has never written to state that he retracts what he drafted in the open letter and explain

to the MOD and indeed Howe & Co. why he lied in the open letter of 2007. This man is completely

devoid of any credibility.

GAESO's position however has remained the same since the open letter, we have not raised

funds illegally in relation to any legal fees for settlement cases.

3. Legal Fees

GAESO's fund-raising

Siwakoti alleges that GAESO has been raising funds illegally from 2002 for its settlement

cases. This is again untrue because the first ever Gurkha Settlement policy was promulgated by the

British Home Office on 2004. How would it be possible for GAESO to raise funds for settlement

cases when there was not even a Gurkha Settlement policy in 2002?

The only time GAESO raised money from its own members was for the Gurkha pensions case.

Indeed, Siwakoti orchestrated an arrangement with Phil Shiner of Public Interest Lawyers, UK and

Cherie Booth QC (the-then Prime Minister Tony Blair's wife) for the Gurkha pensions case.

Even though the Gurkha pensions case was supposed to be funded under legal aid, Gurkhas

were still required to pay Cherie Booth QC, Phil Shiner and Siwakoti's legal fees. There are video

footage/correspondence of Siwakoti of telling Gurkhas that they must raise monies for their legal

fees. Indeed, there is a letter from our previous UK lawyer, Phil Shiner which states that GAESO

were required to pay an outstanding legal fees of £147, 230.78 for their legal fees.

GAESO has never paid any monies to lawyers in relation to settlement cases or settlement

issues. The only lawyer we have recommended to our Gurkha members, who has charged them fees

is Mr Tim Heaver, a solicitor of NC and Brothers in Reading, UK.

GAESO has never paid any fees to Howe & Co. Furthermore, they have never asked our

members or indeed any Gurkhas to pay for their legal fees.

GAESO have never required any payments conditional on access to UK lawyers. GAESO's

position was clearly set out in the open letter drafted by Siwakoti, which was personally sent to the

MOD and Howe & Co in 2007.

Other Gurkha Organisations' Fund-raising

Why is GAESO the only Gurkha Organisation that has been the target of severe criticism of

raising voluntary funds? Why hasn't other Gurkha associations such as British Gurkha Welfare

Society (“BGWS”) or United British Gurkha Ex-Servicemen's Association (“UGBEAN”) been the

subject of such close scrutiny by the MOD?

Admittedly, GAESO has been the most vociferous of all the Gurkha organisations to denounce

the discriminatory practices of the MOD and indeed the most successful in obtaining its demands

for all Gurkha veterans.

The BGWS are fund-raising what it describes as “donations” from Gurkha veterans in the UK

to pay approximately £4,000 per month to “Whitehouse Consultancy”, a private profit-making

Parliamentary lobbying company, to get them access to British Ministers (who can be accessed for

free via the All-Party Gurkha Committee) and to help arrange for them to ask questions in the

British Parliament and also to get access the UK media.

Joanna Lumley and the Gurkha Justice Campaign team have never sought nor indeed charged a

penny from the Gurkhas for leading one of the most memorable and successful political campaigns

in decades.

  

In addition, BGWS has been collecting from its members to pay for their recent failed pension

Judicial Review case, and has to pay tens of thousands in legal costs orders to the MOD (which

Gurkhas will pay for out of BGWS 'donations') and to their own UK lawyers, Russell Jones &

Walker, for their private legal fees for bringing the failed pension case. BGWS continues to collect

donations from Gurkhas, saying they need to collect more money in order to bring more legal

challenges and also to pay Whitehouse Consultancy's private fees.

BGWS is also charging Gurkhas to make visa applications, and is privately charging them for

giving legal advice and assistance with applications here in Nepal and the UK.

The MOD Veterans' Minister Kevan Jones MP recently endorsed BGWS by visiting that

organisation's Headquarters last month in the UK. He made no comment on BGWS's fund-raising

from Gurkha veterans for the purpose of paying £4,000 per month to a private lobbying company,

Whitehouse Consultancy, nor anything towards the money being collected from Gurkhas to go

towards paying for the MOD's own legal costs and BGWS's own private legal costs in the failed

Judicial Review case. Kevan Jones MP made no comment on BGWS charging its members to help

them complete visa settlement applications.

All this proves he was only interested in smearing GAESO. The MOD has not ordered an

investigation into the BGWS, despite Gurkhas who have approached us saying they have

complained to MOD Welfare Officers in Nepal and to the MOD in the UK about the BGWS

practices. We question why the MOD has chosen to endorse the BGWS and its collection of monies

from its members and seeks to singularly criticise GAESO.

4. MOD Investigation into GAESO

The MOD had never raised any issues with GAESO or indeed called for an investigation into

our alleged 'malpractice' up until Kevan Jones MP smeared Joanna Lumley and the Gurkha Justice

Campaign in front of the British Parliament.

It must be clearly stated that Kevan Jones MP has formally and “unreservedly apologised” to

Joanna Lumley and the Gurkha Justice Campaign. More importantly, the British Prime Minister

Gordon Brown personally apologised to Joanna Lumley about the smear campaign and maintained

his Government's commitment to helping Gurkhas and their families in the UK.

The media in Nepal and Britain have claimed that the British Ministry of Justice (“MOJ”) have

launched an investigation into GAESO. The fact is the MOJ have not even contacted GAESO. Our

own enquiries, in the spirit of co-operation, with the MOJ have confirmed that there is no

investigation into GAESO.

GAESO has, however, discovered that the MOJ, due to the considerable pressure from Kevan

Jones MP and Siwakoti's smear campaign, did investigate Gurkha Justice Campaign Lawyers Howe

& Co.

In clarification, the MOJ also confirmed that Howe & Co. were completely exonerated of all

allegations and alleged wrongdoings. Indeed the matter is now said to be closed.

It is with great regret that Howe & Co's good name and reputation has been dragged into this

controversy by the smear campaign launched by the MOD and Siwakoti. But GAESO were always

confident that the ultimate truth will out.

5. Motivation behind the Smear Campaign

Siwakoti

The motivation behind Siwakoti's smear campaign on GAESO and its President is purely down

to the fact he is actively pursuing a personal vendetta against the GAESO President, Mr Gurung.

Siwakoti is a disgruntled ex-employee.

Siwakoti was sacked because GAESO discovered he had embezzled and stolen £2200 from the

personal bank account of Tul Bahadur Pun VC, (the Gurkha who had saved Joanna Lumley's father,

Major James Rutherford Lumley, in the Second World War). GAESO will inform the Nepalese

Police authorities and the Nepalese Bar Association of Siwakoti's embezzlement and theft. GAESO

will demand a full and frank inquiry into Siwakoti's financial irregularities and misappropriation of

the Pun VC's personal bank account.

During this same period, GAESO received formal complaints from the Magar Association UK

that Siwakoti, a married man whose child and wife were living abroad, was conducting an affair

with a teenage girl. Siwakoti abused his position of authority and trust to groom a young girl for his

own sexual gratification. Siwakoti brought shame on the young girl, her family and the Gurkha

community, not least because the young girl was engaged to be married to a serving British Gurkha,

who was risking his life in Afghanistan.

Siwakoti lied and cheated on his wife and child and also the young victim who he took

advantage of. He also lied and stole from our Gurkha Hero and GAESO's patron, Tul Bahadur Pun

VC.

It is incredible that the British and Nepalese press print Siwakoti's lies without verification,

especially given the propensity of this man to cheat and lie for his own personal financial gain and

sexual gratification.

Siwakoti, a lawyer, has completely lost the confidence of GAESO and its Gurkha members

following the breach of GAESO's client confidentiality, notwithstanding the fact GAESO have

never engaged in any illegal fund-raising activities. How could any prospective clients trust this

man with their legal case?

MOD

The MOD have always been afraid of a strong and popular Gurkha Veterans' Trade Union, like

GAESO, as it can severely upset the status quo of the colonial attitude of the Military Top Brass in

the Brigade of Gurkhas by exposing their shameful and discriminatory practices.

GAESO has repeatedly exposed the MOD's shameful practices of discriminating against the

Gurkhas in international and national forums. The MOD have been repeatedly embarrassed by the

proverbial 'airing of its dirty laundry' in front of the public.

This was particularly the case when GAESO raised the issue of settlement in the UK for all

Gurkha veterans. The MOD and in particular, Kevan Jones MP, fought us tooth and nail in the

British Courts and in the British Parliament to deny Gurkhas rights to settle in the country they

defended. However, triumphantly the Gurkha Justice Campaign and GAESO won the day and

humiliated Kevan Jones MP and the MOD into accepting Gurkha Veterans in the country they

fought and were prepared to die for.

Kevan Jones MP is no stranger to smear campaigns. Indeed, General Sir Richard Dannat was

subjected to a smear campaign when he made himself deeply unpopular with the British Labour

Government over his repeated calls for funding and support for British troops serving in

Afghanistan.

GAESO will not be intimidated by baseless smear campaigns by the MOD or its cronies.

GAESO will continue the fight for equal treatment of all Gurkha veterans.

Jai GAESO!

Please contact us for further information at our Headquarters in GAESO office, Near Namaste

Supermarket Pulchowk, Kathmandu, Nepal.

Mr Padam Bahadur Gurung

President, GAESO