Clarify disinformations about Karmapa | No settlement
Disinformation
On July 7, 2022, the German blogger, Tenzin Peljor(also known as Tenpel and Michael Jackel ), published an anonymous article with no evidence and unknown sources about DNA disinformation, which caused tremendous harm to Karmapa.
On January 9, 2023, the German blogger did the same thing again, posting an anonymous article with no evidence and unknown sources. Slandering the Karmapa and Vikki Han settled out of court and paid millions of dollars in hush money, Han can not reveal DNA information to the public.
An investigative reporter and academic researcher, Rob Hogendoorn, wrote three short articles about the blogger’s DNA disinformation; his analysis and comments on this disinformation are pertinent and point to the core issue. The following are the URL of the articles.
『Hardly An Elevating Sight, But Quite Enlightening』
~~~~~~~~~~~
The Hidden Agenda
『Bodhicharya is a non-profit Educational & Cultural Association founded by Ringu Tulku Rinpoche in 1997. Rinpoche is the Official Representative of His Holiness 17th Karmapa for Europe and the Founder of the Karmapa Foundation in Europe. 』-Bodhicharya。
Peljor said all the groups he was in ended up kicking him out. Peljor had been a resident monk at Bodhicharya; eventually, Bodicharya kicked him out.『Bodhicharya teacher, Ringu Tulku, said of Peljor, “He believes in criticizing and saying bad things about almost every lama.” In members’ eyes, he was too much of a troublemaker, more invested in creating drama than following the spiritual path.』-Religion Unplugged by Tenzin Tsagong October 14, 2022.
Nowadays, Peljor speaks for the three women as the embodiment of justice, working harder than those three women to constantly attack and slander the Karmapa and Karma Kagyu with unsubstantiated hearsay, However, with his unpleasant past with Karma Kagyu, one has to wonder if his motives were not so simple but mixed with the hidden agenda of “revenge personal grievances in the name of the public.“ So, how credible are his attitude and opinion on Karmapa Allegations?
Tenpel wrote in the comment section of his blog「He (the Dalai Lama)approved a Karmapa candidate based on the requests of Gyaltsab + Thai Situ, as far as I know.」
The Karmapa is the second highest spiritual leader in Tibet, so recognizing the 17th Karmapa is a crucial matter to Tibet. Before finding the 17th Karmapa, His Holiness Dalai Lama said he had a dream in which someone told him that the Karmapa was born in this location. Then His Holiness recounted how he identified the 17th Karmapa; instead of just relying on one or two tests, he used an unusual method, and the response he got was positive, so he was sure to be the 17th Karmapa. Therefore, His Holiness the Dalai Lama personally took the initiative to authenticate the Karmapa, not because of the request of the two Rinpoches.
The following two videos are of His Holiness the 14th Dalai Lama himself explaining his dream and the process of recognizing the 17th Karmapa.
『The Dalai Lama's Prophecy Dream about the Karmapa’s Rebirth』
『Dalai Lama Talks His Recognition of the 17th Karmapa』
『Special Official Notification (July 23, 1992)
The Office of the Dalai Lama released a special notification concluding: “Thus, His Holiness the Dalai Lama granted his final seal of approval and recognition to the 17th Gyalwa Karmapa. not randomly or hastily for any reason, but after satisfying himself by means of hearing a series of reports from all those concerned; studying and paying due consideration to the overall matter; and reconfirming the final indications with exclusive traditional examinations.”
In Tibet: Confirmation by the Dalai Lama
Referenc: The Kindness of the Dalai Lama』https://kagyuoffice.org/confirmation-by-the-dalai-lama/
If His Holiness the Dalai Lama, as the blogger said, "He approved a Karmapa candidate based on the requests of Gyaltsab + Thai Situ." His Holiness hastily approved it without personally testing it, credibility is questionable, the reincarnation system of Tibetan Buddhism may have long since disappeared. The finding and certifying the Karmapa show how serious the Dalai Lama was taking this matter, and in the end, he was very sure of the 17th Karmapa he had chosen. An ordinary person who overestimates one's abilities with limited knowledge underestimates the wisdom of His Holiness the 14th Dalai Lama and the Karmapa.
No Settlement
Why did Vikki Han dare to sue with false evidence? The reason is quite simple. Vikki Han’s Facebook post in January 2019, Plan for Destroying the Karmapa, has detailed their purpose.『" The headlines of the news are all well thought out, and soon the news coverage will be overwhelming. Sister said that if such news came out, who would be able to turn around a hopeless situation" "The trial files will always be available for public inquiry online" "Whether he did it or not is his business, the court will enforce it. His name and his identity are more than 10 million US dollars. The lawyer's estimate should be at least 50 million US dollars. My sister will not reconcile with him."』 (Note: Sister is Vikki Han)—「Vikki Han falsely accused the Karmapa」
The purpose of their suing the Karmapa is to get media coverage. They understand people's mentality. Generally, the general public will think that the complainant must have evidence and is fully confident before suing the other party. Therefore, the public will believe the complainant. After the media coverage, they withdrew the lawsuit and accused the defendant initiated offered a multi-million dollar compensation before the trial started, and the two parties settled in private. The accused will forever be stigmatized, and their plan succeeded.
On May 17, 2021, Han's Canadian lawsuit sought child and spousal support. The judge formally accepted and heard the case, and the parties are not allowed to discuss the case publicly or attack each other since then.
On May 19, 2021, many mainstream Western media reported on the Canadian lawsuit.
In early June 2021, the Han team immediately hired a well-known lawyer in New York to produce the video and web page that slandered the Karmapa.
The mastermind has achieved the goal -- “media coverage of the Canadian lawsuit”. The next step is to withdraw the case before the trial. However, the claim has been formally filed and has entered the legal process, and the judge has also begun to hear it. The procedure for withdrawing the lawsuit at this stage is more complicated, and the judge and defendant must agree to the cancellation before the plaintiff dismisses the case. Han's motion to dismiss should be a loss since the Canadian lawsuit is already up for trial in mid-2022.
Anyone with some common sense of the law knows that when the judge begins to hear the case, both parties must stop talking publicly about any issues and behaviors related to the lawsuit outside the court to avoid affecting the lawsuit. The judge started to hear Han's legal proceedings on May 17, 2021, so both Vikki Han and Karmapa must abide by the law and must not talk or do anything publicly outside the courtroom related to the case. But Han broke the law and engaged a New York lawyer to attack and slander the Karmapa publicly; therefore, there’s possible that the judge ordered Han to revoke or delete these illegal and immoral acts.
The Karmapa respected the rules of the law, and the Karmapa and Karmapa’s office did not publicly discuss the matters or issue a statement related to the case, let alone the so-called "DNA" test.
On September 14, 2022, Han took the initiative to withdraw the lawsuit against KTD unconditionally “Without Prejudice.” Han's New York attorney also took down the video and deleted the webpage slandering the Karmapa. Han filed a motion in the New York court against KTD, so the procedure for dismissing the case is simple. She only needs to fill out the court's dismissal form and submit it to the court.
The German blogger Tenzin Peljor wrote: 「The case seems to have settled out of court.」
『With Prejudice or Without Prejudice
One important aspect of discontinuing a lawsuit is that parties should usually specify whether the discontinuance is with prejudice or without prejudice. If an action is terminated with prejudice, this means that the lawsuit is terminated with finality and that the case cannot be refiled. If a action is discontinued without prejudice, this usually means that the lawsuit can be refiled at a later time.』-The Rothman Law Firm
In a lawsuit, if the plaintiff himself or the court decides to dismiss with prejudice, the case is over, and the plaintiff can no longer sue the defendant for the same incident.
If the case was dismissed without prejudice, the plaintiff only temporarily dropped the lawsuit, and the plaintiff could restart the lawsuit.
Assuming that the two parties settle if the defendant is willing to choose to dismiss without prejudice, of course, it is possible. But generally speaking, if the defendant pays compensation, it is not so stupid, and after the agreement, it gives the plaintiff the right to sue again.
The plaintiff generally also hopes to settle the case permanently, and the incomplete settlement is a potential risk to both parties. For example, the defendant may counterclaim.
For example, A sues B for defamation, but if A decides to accept the compensation and settle with B, then B will request the agreement to dismiss all disputes between A and B with prejudice; otherwise, A will continue to sue B after receiving the compensation. Isn’t B an idiot?
Therefore, if the two parties settle in a case, generally speaking, the two parties will sign a very detailed, mutual, global release, confirming that no matter what happens to the two parties, no one will sue the other for the same dispute. Then they will agree to settle the case in court with stipulated dismissal with prejudice. The so-called stipulated means that both parties agree.
『NOTICE OF DISCONTINUING ACTION
I, Vikki Hui Xin Han, hereby affirm that the above-entitled action, be and the same is, hereby discontinued as against Karma Triyana Dharmachakra Monastery, without prejudice and without costs to any party and this notice may be filed with the Clerk of the Court without further notice』
If the two parties resolve out of court and sign an agreement, the case will be over, and there will be no further lawsuits in the future time. But Han dismissed the case against KTD as “discontinued without prejudice”, which means “no settlement.”
An Independent Investigation
『Independent investigations can prevent the escalation of disputes. They can also reduce costs, keep disputes private, and are far less adversarial than involving police or regulatory bodies. A neutral third party conducts interviews and gathers evidence to determine what events took place and may even make recommendations to address those events. Independent investigations must respect the rights and need for procedural fairness for all parties involved.』-Westaway Law Group
An Independent Investigation is an investigation conducted before filing a lawsuit; besides, the Independent Investigation is not legally binding. Han's team hired the most prominent law firm in Canada to sue the Karmapa, Han submits a DNA paternity test report that the alleged father is underwear, and Han filed an affidavit in support of her application to amend the notice of family claim. Therefore, Han should be very sure to win this lawsuit unless her claim and evidence are fake. The judge(A neutral third party) based on the evidence and facts from both sides to make the decision. It's inexplicable. Karmapa has already hired a lawyer to investigate Han's lawsuit. Why should he engage in an Independent Investigation? Isn't this putting the cart before the horse?
(Note: The so-called "Karmapa’s Line account" of the three women are all the same, so Han's lawsuit can resolve the allegations of the three women altogether.)
Hearsay
Tenpel wrote『I heard from Kagyu followers – who believe the accusations are correct – the lineage is more important, basically meaning, it must continue as it is because otherwise all what matters for them gets lost and this is not good but a catastrophe.』
Another unsubstantiated hearsay. Where did the blogger hear the rumors to slander the Karmapa and the Karma Kagyu lineage? We are disciples of the Karmapa, and our sources should be more accurate than rumors and more aware of the Karmapa's followers' views on Karmapa Allegations than hearsay. The followers of the Karmapa all believe that the allegations are fake; the other party planned to destroy the Karmapa. We are all praying for the judgment of the Canadian lawsuit to come out as soon as possible to prove the innocence of the Karmapa. The Consensus of Karma Kagyu Practitioners: “the truth will come out when the court investigates it.”
The team of those three women kept trying to get the media to report on “Karmapa Allegations” or spread them on the Internet, hoping that more people would know about it; they repeatedly called on the Karmapa to come forward and explain publicly. Now, this German blogger is also trying even hard to spread it and constantly emphasizing that the Karmapa publicly explained DNA testing. Don't be anxious! Be patient! When the day comes that the Karmapa wins the Vikki Han’s lawsuit, the wishes of the three women will come true. Karmapa will not only make a public statement, but all the mainstream media in Asia and the West will report to a great extent and attach the three women's photos to the news. Of course, the blogger wants to know about the DNA test, and the media will elaborate, and maybe the media will expose the source of the DNA disinformation. “Be careful what you wish for, lest it comes true!”
*****Karmapa's dream prophecy of "Karmapa Allegations" has fulfilled another in real life - Han withdraws the case against KTD. There is only one prophecy in the dream that has not yet been realized, and that is Karmapa's victory in the lawsuit.
