For reference we met and discussed at some length with Brian (the mediator) at FOSDEM, with Mirko, Bob and Michiel over the two days.  

Brian had already concluded, given Lukes postings particularly the one immediately before FOSDEM, there was no possibility of mediation given Lukes state of mind, and Luke subsequently falsely stating publicly that Michiel had acted in an unethical manner has I suspect only reinforced that view.

Mediation is all about re-engaging, and we do not wish to re-engage and even if we were inclined to do so we legally cannot.  Other members of RED would take legal action against us for failing to protect them from Luke’s assaults and abuse.  

Luke is under the impression that our actions were malicious, that we are at fault and we should reverse everything we have done.  Quite the opposite, removing Luke has severely hampered us and required us to clean room our development work, which is now travelling a completely different path.  Having said that we are now beyond where we would have been with Luke as part of the team.  I am happy to share this with you at a future date.

Brian agreed that you cannot mediate a lawful act under criminal statute and that we had acted properly, given Lukes behaviour and the evidence he could see of it continuing.

Regardless Luke stopping posting slanderous and defamatory post requires no mediation to achieve unless it is done by a judge in a court of law and my concern is that may result in him being sectioned under the Mental Health Act.

We are already disengaged and, beyond where we have to take legal action to defend ourselves, we have already stated we want nothing more to do with Luke.

One last point, I think you will know me as being extremely legally sure footed and I have to hand all the evidentiary documentation from NLnet and others to substantiate everything I am stating.  If necessary and for a court of law I am happy to produce this evidence to show that Luke is lying on just about everything to avoid facing up to the reality of the situation he has brought upon himself.

Luke by his behaviour is continuing to force our hand and just as we acted to remove him from the company, we will take the next legal steps to protect ourselves.

I am happy for the text of this email to be posted on the mail system.