Fugitive Agape cultist Rocco Leo fails to front court as ordered, $9 million lawsuit splits further as former parishioners lose faith

Sean Fewster, Chief Court Reporter

The Advertiser
May 17, 2017

THE Supreme Court is still standing despite fugitive pastor Rocco Leo’s warning the “hand of God” would come down on those opposing his claim on $9 million of doomsday cult money.

On Thursday, Leo failed to personally appear in the Supreme Court, as he was ordered to by Justice Martin Hinton last month.

But while the courthouse did not crumble, the case did — a class action claim filed by a group of former parishioners has now split in two.

One group, whom The Advertiser understands remains loyal to Leo, is representing itself while the other, whose faith has lapsed, is represented by the only lawyer to have beaten the cult.

David Bulloch — who, in 2012, won a $500,000 judgment on behalf of a disabled former member — told the court his clients were ready to untangle the cult’s financial web.

“I have been through this some years ago, on behalf of another client, and it will be tricky but not impossible,” he said.

Gillian Walker, for the Australian Taxation Office, said the fracture would further complicate the already complex case.

“It’s a mess, and it’s not going to be an easy exercise,” she said.

The parties are warring over all that remains of Agape’s financial empire — $9 million in a bank account belonging to one of its satellite companies.

The cult came to public attention in 2010 when a series of police raids that netted ammunition and explosives, causing Leo and his inner circle to flee to Fiji in defiance of an arrest warrant.

It subsequently emerged he had promised his believers salvation, on a Pacific island, from death camps, human microchipping and an impending global armageddon.

As revealed by the Sunday Mail, Leo’s continued “missionary work” in Fiji is paid for by the proceeds of bingo nights held, in the Italian-speaking region of Switzerland, by a loyalist.

In March, Justice Hinton ordered Leo to appear in court if he wanted to pursue his claim.

Leo’s representative, Kathryn Conder, then read a message from Leo warning those who “moved against” him would “personally see the hand of God move”.

On Thursday, Justice Hinton noted there had been no further correspondence from Leo.

He said Mrs Conder’s husband, Kevin, and fellow former parishioner Konstandina Coluccio had elected to represent themselves, and ordered they serve their claims on the other parties.

Mr Bulloch said his clients had fully “ventilated” their claim in documents filed with the court.

“Significant work has been undertaken by our clients in terms of the paper trail ... if the facts are plain, that will be a jolly good beginning,” he said.

Ms Walker said her client needed time to consider its position given the change of circumstances.

Justice Hinton adjourned the case until July.

http://www.adelaidenow.com.au/news/law-order/fugitive-agape-cultist-rocco-leo-fails-to-front-court-as-ordered-9-million-lawsuit-splits-further-as-former-parishioners-lose-faith/news-story/aef9cf26ee1f91c7f77094c079787c06

Agape Ministries's worth grows to more than $9 million while tax debt balloons to $11 million, court told

Exclusive - Chief Court Reporter Sean Fewster, The Advertiser

October 26, 2016

 

THE Agape doomsday cult’s pool of hidden assets has increased by $2.5 million to more than $9 million while its debt to the taxman is now a staggering $11 million, it can be revealed.

On Wednesday, a Supreme Court judge vowed to end the six-year saga, saying he was “already frustrated” after presiding over it for just 45 minutes.

The cult’s fugitive leader, Rocco Leo, his angry former followers and the Australian Taxation Office are each vying for control of the remains of the fallen financial empire.

Justice Martin Hinton gave the warring sides two weeks to prepare their best arguments, saying he wanted to resolve the complicated case by early 2017.

“I’ve only been hearing this matter for 45 minutes and I’m already frustrated, so I can’t imagine how other people are feeling,” he said.

“In 14 days, I expect to hear from all of you ... then I will decide whether we should just get on with it.

“Your chances of getting a judgment by Christmas, though, are remote at best.”

Agape’s assets were frozen in 2010 after a police raid uncovered its hidden caches of weaponry, and Leo and his inner circle fled overseas.

Lawsuits were believed to have dismantled the cult until last month, whenThe Advertiser revealed one offshoot, Universal Holdings Australia, still had $6.7 million in its bank accounts.

The ATO wants the money — to clear the cult’s tax debt — as do former parishioners seeking $2.5 million compensation over Leo’s claims of impending apocalypse.

Leo, however, insists the money was being held “in trust” for the parishioners, making it exempt from the ATO.

On Wednesday, Gillian Walker, for the ATO, said it had learned the cult still had properties worth up to $2.5 million in its control — meaning her clients were owed even more.

“The liability has increased significantly ... Leo (personally) owes $8.5 million of the $11 million my client is claiming,” she said.

Steven Mitchell, for Leo, said the ATO was “putting a gloss” on the case and said it was “extremely optimistic” to think the case would be resolved quickly.

He said that, because the ATO had failed to identity “the actual owners” of the $6.7 million, at least a portion of it should be released to Leo.

That money, he said, would be used to fund Leo’s battles against his tax debt in both the Supreme Court and the Administrative Appeals Tribunal.

“There has been, from the outset, a dispute as to who owns this money ... the ATO has failed to identify them, so the freezing order should be discharged,” he said.

Justice Hinton ordered the parties to file their arguments ahead of a one-day hearing in November.

THE SAGA OF AGAPE MINISTRIES

In May 2010, a police raid of Agape’s properties seized an arsenal of weapons, ammunition and explosives.

Former members alleged they were duped into handing over millions byclaims of human microchipping, mass-murder and government-run concentration camps.

They said they were promised sanctuary on “The Island”, a South Pacific location at which Leo would also heal the sick and profoundly disabled.

After the raid, Leo moved to Fiji and has remained there in defiance of an arrest warrant — meanwhile, all of his and the cult’s assets were frozen by court order.

In August 2010, The Advertiser revealed Agape’s financial empire spanned two states, eight properties and a fleet of 13 vehicles, with funds in 10 separate bank accounts.

In June 2012, the District Court awarded a disabled former parishioner $420,000 compensation and, two months later, awarded the ATO $3 million in money owed, plus costs.

In September 2014, BRI Ferrier was appointed to liquidate Agape’s assets to pay its debts.

In March 2015, seven former parishioners — some of whom publicly swore loyalty to Leo — sued him, seeking a refund of the $2.5 million they poured into his coffers.

In September 2016, The Advertiser revealed one of the cult’s offshoots still had $6.7 million in its bank account — sparking a three-way war for the cash.

 

http://www.adelaidenow.com.au/news/south-australia/agape-ministriess-worth-grows-to-more-than-9-million-while-tax-debt-balloons-to-11-million-court-told/news-story/d4a915f6851bf2f94391c365dc701160

 

Doomsday cult, taxman, ex-parishioners go to war for Agape Ministries' hidden $6.7m spoils

Chief court reporter Sean Fewster, The Advertiser

September 9, 2016 9:46am

THE hidden millions of Adelaide’s doomsday cult have been uncovered, more than six years after Agape Ministries collapsed — sparking a messy two-court, three-way war to claim them.

The Advertiser can reveal one of the cult’s offshoots, Universal Holdings Australia, still has $6.7 million in its bank accounts, untouched by its fugitive leader, Rocco Leo.

In the Supreme Court on Friday, the Australian Taxation Office staked its claim for the cash, saying the cult’s unpaid debt had increased from $3 million to in excess of $10 million.

A group of former parishioners, who say they were duped out of more than $2 million by Leo’s claims of human microchipping and impending apocalypse, claim the money belongs to them.

But Leo’s counsel has insisted the money cannot be taken by either party — because there is no proof it belongs solely to their absent client.

Steven Mitchell, for Leo, said the money should fund his client’s new Supreme Court battle, challenge the parishioners’ win and fight the ATO in the Administrative Appeals Tribunal.

“The Deputy Commissioner (for Taxation) has no claim to this money — their claim is against an individual, this money is held by a third entity,” he said.

“It’s not directly connected, that’s the root of our criticism ... if there was proof this was (solely) our client’s money, it should have been brought forward a long time ago.”

The saga of Agape Ministries began in May 2010 when a police raid of its properties seized an arsenal of weapons, ammunition and explosives.

Former members alleged they were duped into handing over millions by claims of human microchipping, mass-murder and government-run concentration camps.

They said they were promised sanctuary on “The Island”, a South Pacific location at which Leo would also heal the sick and profoundly disabled.

After the raid, Leo moved to Fiji and has remained there in defiance of an arrest warrant — meanwhile, all of his and the cult’s assets were frozen by court order.

In August 2010, The Advertiser revealed Apage’s financial empire spanned two states, eight properties and a fleet of 13 vehicles, with funds in 10 separate bank accounts.

In June 2012, the District Court awarded a disabled former parishioner $420,000 compensation and, two months later, awarded the ATO $3 million in money owed, plus costs.

In September 2014, BRI Ferrier was appointed to liquidate Agape’s assets to pay its debts.

In March 2015, seven former parishioners — some of whom publicly swore loyalty to Leo — sued him, seeking a refund of the $2.5 million they poured into his coffers.

On Friday, Gillian Walker, for the ATO, said all cases pertaining to Leo, his inner circle, Agape and its offshoots were now being consolidated in the Supreme Court.

“The reason this has come up is there’s a bank account held in the name of Universal Holdings Australia with some $6.7 million in it at this time,” she said.

“There’s disputed claims over those funds ... the parishioners have a claim for at least $2.2 million plus interest, damages and costs.

“Our position is that we were owed $4 million and are now seeking significantly in excess of that, far exceeding the money in the account ... the debt (to us) is above $10 million.”

Ms Walker said the ATO was also pursuing that debt in the Administrative Appeals Tribunal, but Leo and Agape were contesting its case.

She said the Universal account was covered by the freezing order and Leo should not be permitted access to it for any reason, including paying his lawyers.

She said the ATO would instead support the “unfreezing” and sale of Agape’s two remaining properties, worth $2.6 million, to cover legal expenses.

Mr Mitchell said his client wanted the Universal money, not the properties.

“The freezing order is six years old, and some of the judgments against my client are four years old,” he said.

“What has been done in the four years since, by the ATO, is nothing.”

Judge Graham Dart said the cases warranted “special classification” and would be assigned to a Supreme Court Justice for their personal oversight, from a date to be set.

http://www.adelaidenow.com.au/news/south-australia/doomsday-cult-taxman-exparishioners-go-to-war-for-agape-ministries-hidden-67m-spoils/news-story/ad6ae7a027120c087c36250d1955ea25

 

Despite trial testimony, exorcisms a rare step for church

MEGAN GILLIS

OTTAWA SUN
APRIL 28, 2016

Exorcisms 

Exorcisms are not only rare, they are performed only “after all other causes” — medical or psychiatric — have been ruled out by professionals, according to a spokesman for the city’s Catholic archdiocese.

An Ottawa courtroom heard chilling testimony this week from a suspended Mountie accused of torturing his 11-year-old son. The father testified that he had his own brother, a priest, perform an exorcism because “I thought I saw the devil inside him.”

Despite the horrific abuse described in the trial, exorcisms do exist outside Hollywood.

Dioceses appoint a specific priest with “piety, knowledge, prudence, and integrity of life” to be in charge of requests for exorcisms, city archdiocese spokesman Gilles Ouellette said in an email Thursday. It’s then done only with the permission of the bishop.

Ouellette pointed out that the archdiocese does not know the identity of the priest mentioned in the trial — his name is covered by a publication ban to protect the victim. But coverage of the trial refers to the family’s Lebanese background so they might not be members of the Roman Catholic Church, he said.

“Quite often, other pastoral interventions such as a good confession ... or some prayer ministry is sufficient,” Ouellette said. “I am not aware of any permission being given for any official exorcisms since the archbishop's appointment in 2007.”

Postmedia reported in 2008 that the archbishop had appointed at least two new exorcists to replace the last one who’d retired. The priests, whom the archdiocese wouldn’t name, were experienced abroad, some in areas where a belief in demons is more common, and who had to be persuaded to add the role to their duties.

According to the United States Conference of Catholic Bishops, a major exorcism features reading from the Gospels and Psalms, the sprinkling of holy water, and the “imposition of hands” and breathing on the person’s face to reaffirm the power of the Holy Spirit at work in them.

The church has through the centuries “moved cautiously” on purported possessions, the organization writes, lest it “create a kind of sideshow affair.”

“Although rare, genuine cases of demonic possession should be addressed in a balanced manner with the utmost care being extended to the afflicted person,” it says.

The local Catholic archdiocese may be circumspect when asked about exorcisms but the local alternative practitioner behind ottawaexorcist.com says he has performed 20 in the past two years, including on an eight-year-old child.

Jason Francis, who describes himself as a Wiccan and Celtic Shamanic high priest, said the parents couldn’t explain the changes in the boy’s behaviour, including night terror, and called him for help.

Finding an entity “not of the light” afoot – far from “full-blown possession,” which Francis says he’s never seen and is rarer than winning the lottery – he got to work. First he cleansed the home then did a sacred circle with the family, performing a ritual to summon the entity and bind it so it couldn’t harm anyone after leaving the boy.

“Physically, I didn’t do anything to him,” Francis said. “He knew we were going to do something to make him better. He would have seen me wave my arms around and that’s about it.”

Afterwards, “the family was like ‘oh, my God, we have our child back.'”

Francis said he’s one of the few exorcists who’s willing to out himself publicly and understands why others won’t.

“With increased publicity and stuff you get a lot more psychiatric cases than authentic cases, and that’s why a lot of us do not publicize. I’m one of the few that will actually step out.

“You get a lot of wackos calling who don’t need any services,” he said, which in his case include removal of simple curses for $25, $150 galactic ray healing and $200 to clear a house of “lost souls, nomads and spirits of limbo.”

Even those treatments have their limits, Francis warns in an explanation of what happens at the first consultation.

“Referral to see a psychiatrist or other medical professional may be given as not everything is supernatural or can be fixed spiritually,” he writes.

http://www.ottawasun.com/2016/04/28/despite-trial-testimony-exorcisms-a-rare-step-for-church

SA court appoints receivers to liquidate and dismantle financial empire of Agape doomsday cult

September 4, 2014
The Australian

FUGITIVE doomsday cultist Rocco Leo has finally lost control of his financial empire, with a court today placing it in the hands of receivers after years of legal battle.

District Court Judge David Lovell today appointed insolvency firm BRI Ferrier as liquidators of Agape Ministries’ properties, including its former compound at Kuitpo.

The ruling ends the four-year Agape saga and ensures the Australian Taxation Office and disabled former Agape worshipper Sylvia Melchiorre will receive all they are owed by Leo.

Agape Ministries first made headlines in May 2010 when a police raid of its properties seized an arsenal of weapons, high-powered ammunition and explosives.

Leo, the cult’s leader, moved to Fiji and has remained there in defiance of a Holden Hill Magistrates Court warrant for his arrest on charges of assault.

In August 2010, The Advertiser revealed the Agape Ministries financial empire spanned two states, eight properties and a fleet of 13 vehicles, with funds in 10 separate accounts.

Leo and his inner circle, Joe and Mari Antoinette Veneziano, were also named in several lawsuits seeking the return of moneys paid into the cult.

Former members alleged they were duped into handing over up to $1.2 million each byclaims Earth’s population would be impregnated with tiny microchips containing their personal information.

They claimed Leo said those who refused the chip would be branded terrorists and be gassed or beheaded in government-run concentration camps.
Leo allegedly warned that those people who chose to be micro-chipped would also die from slow-release poison hidden within the devices.

Ms Melchiorre, who is profoundly disabled, further claimed Leo promised to keep her safe on “The Island”, a South Pacific location where he would also heal her.

She was subsequently awarded $420,000 compensation, while the ATO was granted $3 million in taxes owed.

Agape was to sell its properties to pay those debts but, despite having a year to act, failed to do so — Ms Melchiorre and the ATO called for liquidators to be appointed.

In June, Judge Lovell gave the cult one final chance to settle its own affairs but, despite a series of auctions, the properties failed to sell.

Today Gillian Walker, for the ATO, said the court must intervene because Agape was continuing to delay its judgment day.

“We and Ms Melchiorre’s counsel have suggested lowering the minimum sale prices for the properties, on the basis of the recommendations of real estate agents,” she said.

“Agape has refused to reduce its reserve prices ... the properties have not been sold and the actions we’ve suggested have not been taken.

“A considerable amount of time has been allowed to explore post-auction interest but it seems the attitude of Agape is the issue ... we say receivers should be appointed.”

Judge Lovell agreed and made the order.

FALL OF THE AGAPE EMPIRE

• 20 May, 2010: SA Police raid the Agape Ministries compound at Kuitpo and seize ammunition, high-powered weapons and explosives.
• 21 May, 2010: Further raids uncover more weaponry — including ammunition stored inside metal bed frames — while police continue searching for cult leader Rocco Leo and his inner circle.
• 22 May 2010: The Advertiser reveals Leo once gave evidence in court, after refusing to swear on the Bible, about being “threatened by heavily-armed Columbians”.
• 23 May 2010: Former parishioners reveal they were being trained in marksmanship to protect their “Holy Land Hideout” from impending armageddon.
• 27 May 2010: The search for Leo shifts to the South Pacific, the same region in which he claimed “The Island” would provide protection for the faithful.
• 3 June 2010: Profoundly disabled former parishioner Sylvia Melchiorre sues Agape, saying it duped her out of her life savings with promises of miracle healing that will help her walk again.
• 28 June 2010: The Australian Tax Office reveals Agape received tax breaks for 10 years because of its official status as a religion.
• 1 July 2010: Agape faithful Raphael and Patricia Azariah speak publicly to The Advertiser, insisting their faith is not apocalyptic and they are normal Christians.
• 2 July 2010: E-mails, allegedly sent by Leo, accuse authorities of framing the cult and “witch-hunting” its leadership.
• 3 July 2010: SA Police launch investigation into allegations Leo assaulted the former husband of a parishioner in an incident at Adelaide Airport before he fled the country.
• 8 July 2010: The mother and brother of Raphael Azariah make a public appeal for him to leave the cult and return to them. It goes unanswered.
• 5 August 2010: Senior Agape member John Mouhalos is reported missing. In court, lawyers acting for Leo offer to “refund” Ms Melchiorre’s life savings.
• 16 August 2010: The Advertiser reveals the scope of Agape’s two-state, multi million-dollar empire of cars, properties and bank accounts.
• 21 August 2010: Agape countersues another former member, Martin Penney, who is seeking reimbursement of the money he paid into the cult.
• 16 November 2010: Leo publicly vows to return to SA to face the assault case, which is proceeding before the Holden Hill Magistrates Court.
• 18 November — 23 November, 2010: The ATO strips the cult of its tax-exempt status, succeeds in having Agape’s assets frozen and tells the District Court it is owed $4 million.
• 3 December 2010: The ATO tells the court Leo tried to “hide” a further $5.6 million from its accountants by moving money from one account to another.
• 21 January 2010: Leo fails to attend court on the assault charge, claiming his life is in danger. Mr Azariah’s mother and brother claim all Agape members have moved interstate.
• 26 June 2011: Leo and his inner circle are arrested in a Fijian resort following a commando-style raid.
• 27 July 2011: Then-Director of Public Prosecutions Stephen Pallaras, QC, announces Leo’s extradition will not be sought, and he will not be prosecuted, over the May 2010 raids.
• 7 August 2011: The Sunday Mail reports Leo and his inner circle are being held, by Fijian authorities, in a Pacific coastal resort. They are eventually released and remain overseas.
• 1 September 2011: Leo, instructing his lawyers by Skype, makes one last-ditch effort to fight off the compensation claims filed by the ATO and Ms Melchiorre.
• 8 May 2012: Leo and Mr Penney settle their lawsuit out of court.
• 4 June 2012: Ms Melchiorre is awarded $420,000, and the ATO $3 million.
• 11 April 2013: John Mouhalos is found in Victoria where, he claims, he was hiding out from the cult. He is prosecuted for firearms charges and released on a bond.
• 24 June 2013: The District Court orders Agape’s financial empire be dismantled and all proceeds from the sales of its properties go to the ATO and Ms Melchiorre.
• 18 June 2014: The ATO and Ms Melchiorre ask a receiver be appointed as almost 12 months have passed without the sale of a single asset.
• 30 June 2014: Judge David Lovell gives the cult one last chance to settle its own debts by selling the properties at auction.
• 8 August 2014: The cult’s properties are passed in at auction without a single bid.
• 4 September 2014: Judge Lovell appoints the receivers.

http://www.theaustralian.com.au/news/sa-court-appoints-receivers-to-liquidate-and-dismantle-financial-empire-of-agape-doomsday-cult/story-e6frg6n6-1227047441855?nk=b2249842af10221f784d91ecb1c050b7