Judgment from the COURT D'APPEL DE LYON

7th July /97 - 2d part
Translation: roger gonnet - corrected by Zinjifar
scanned by Emmanuel Marin

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1st part  (45K)
2e Part here
3d part (70K)

Important:
- I have added some remarks on important points: those are in green color, italics, between square brackets
- Other italics in black or violet are in the original text
- and written the most significant parts in violet.
 



Page 9 end:
 

According, the COURT has taken his deliberation's time and has pronounced the delay to deliberate on  the sentence, after having informed the plaintiffs and the defendants , to the public hearing of to-day, day where the suit is reappealed, and it has given the following ruling:
 

On March 24th, 1988, near 5 a.m., Patrice VIC, aged 31, draftsman, committed suicide by jumping through the window of its flat situated in 12th step in a La Duchère building.

Suffering of polytraumas, the victim died immediately.

page 10


In Patrice Vic's home, oxalyden, a vaso-dilator classed as 'Frame A' in France  was found [this is a class of medical drugs only obtainable by MD's orders] and Orabilix, a radiographic contrast middle.
 
Ms. V. N. said that for two years, her husband had suffered from depressive periods and had been treated for a number of months at the Centre de Dianétique, 45 rue Edouard Herriot in Lyon, affiliated with  l'Eglise de Scientologie, and directed by M. J.J.,

Ms. V. N. added that her husband had purchased the integrity and communication courses, which together with the  vitamins used  provoked  lethargy and a change of behavior.

Simultaneously, M. J.J. had harassed him in order to make him take a purification's cure costing 30000 FF (5000$). On March 23d, 88, M. J.J. even went to VIC's family home in order to convince them to accept that cure. Despite opposition by Ms V. N., it was decided that M. J.J. would go with Patrice VIC in a bank to get a loan, on March 24th, 1988.
 
In the M. J.J.'s notebook a note was written showing he was to call Patrice VIC back at 8:45am, on March 24th. Indeed, he did call him back at that time, and learned from Ms. V. N. of the suicide of her husband; this news provoked this reaction: "Ah, le con!" (Hey, the cunt - or bastard etc).

Following the complaint by plaintiff Madame V. N. née M., an inquiry was opened on Aug  17th, 1989 on the counts of attempted fraud, illegal medical practice and violation of laws on dangerous products and drugs. On July 11th, 1990, a count of involuntary homicide was added.

The inquiry revealed that the Eglise de Scientologie had two establishments declared as associations in Lyon:

      First:  said "Centre de dianétique", on 45, rue du Président Edouard Herriot, presided since 1986 by its founder, M. J.J.,
 

        Second: the called  Eglise de Scientologie, on 3 place des Capucins à Lyon 1er, presided initially by T. L., replaced  on March 28th, 1990, by D. P., then in march 1991 by R. D. spouse P..
 

The Church of Scientology appeared in 1954 in the US, created by Lafayette Ron Hubbard, till then known as a sci-fi writer. The philosophical-religious works of L. Ron Hubbard are the scriptures of that church, and the adepts say that it's based natural law inspired by reason, as is Buddhism, but not similar to a revealed religion like Christianity. It would be more similar to a religious spiritualist philosophy seeking a personal heightening of one's awareness and spirituality, through progressive mastering of emotions. It goal is an as strongly possible perfect harmony of self, others and universe's forces taken as a whole, to achieve a better life through the development of the believer's abilities.

Not forcing [on its adepts] an unique answer to transcendence, it recognizes the existence of a supreme being, but it allows anyone his freedom to understand It according to his own sensivity, education or understanding, so that scientology would not be incompatible with other religions like Roman Catholicism for instance.

[Well, that's pure misunderstanding by the judge in France; but since the french law has also some sort of "1st Amendment" re. religious rights in USA, the judge could have more than one difficulty to discern the various sides of scientology, I mean the money and the pseudo-religious ones. I can just swear here, under penalty of perjury, that scientology was never presented as being a real religion to me, and that most religious aspects were just faked for officials and external use; that scientology is and has always been a pseudo-psycholgical system, not even really aimed at PHILOSPHICAL matters, and was never shown as a real religion except in the rare ceremonies like "marriage, pseudo-christenings - all the worse, since you can't pretend to christen someone with a "THERE WAS NO CHRIST ON THE CROSS" declaration of the main personage in scientology.  Furthermore, Scientology deals with pretended 8th dynamics, only to show in its 'Classification and Gradation Chart", that OT 8s or more will become equivalent to God - see the "Power on all dynamics", meaning it pretends to give you the power on 8 dynamics, including supreme being; it even adds: TOTAL FREEDOM as an "ability gained", but that's the God's power, nothing else, in fact. Just take the sense from dictionaries and you'll can be sure of what it means.]
 


page 11

 
It teaches that the spirit survives after death  and that salvation depends directly on one's own actions and the path chosen by the person.

Declared purposes are "a civilization without dementia, without criminals and without war, in which able beings can prosper and honest people see their rights respected and where Man could be free to reach higher summits"

The creed of scientology church alludes, by its language, to human rights dignity and notably to religious freedom. It says that man is fundamentally good and that the mind's study as well as mind's illnesses should not be split from religion neither tolerated in non religious subjects, a doctrine explaining the conflicting relationships between scientology and psychiatry or psychiatrists.
 
  Moreover, cult ministers celebrate christenings, marriages, funerals, as well as sunday services.

[Please notice those facts: there is a policy to be obeyed in every scientology org: we were ordered to get ecclesiastical uniforms only when officials came to visit; we should have had at least ONE such person in each org;  please observe also that the most powerful body of scientology has never worn any ecclesiastical uniform, only MILITARY Ones; that Hubbard never attributed to himself any religious title, that he never wore any religious sign or cross; that he declared in "Hymn of Asia" "I do not come to you as a leader of religion or sect". Page 1 of that book.]

Born in USA, international scientology church has its seat in LA, Cal.

Even if the organization appears complex, bureaucratic, centralized and hierarchical, we are allowed to discern the existence of:

-a central education center in Clearwater, Florida, USA

-advanced organizations, such as the one in Kobenhavn, Denmark, giving some educational degrees and directing churches of scientology and national missions in Europe.

In each country, churches and Missions are declared as associations theoretically independent from each other, but having nevertheless some links or relationships or collaboration together.

Around those revolve many other companies or associations led - more or less discreetly - by church of scientology members; that exist for the purpose of language study, art promotion, cultural promotion, painting, trade or industry executive's education, in order to help the expansion of doctrine.

Other associations such as the CCHR, whose name can create a confusion with recognized associations, are assigned to the mission to defend the church of scientology against attacks and critics and to confuse detractors.

The Church of Scientology also fights drug abuse and crime through association such as NARCONON and CRIMINON.

   So organized, the church of scientology would count ten million adepts world wide and some tens of thousands in France.[I could bet the Judge was not a dupe here... ten millions in the world? why those two added inexistent millions to the already multiplied by 100 or more figure?]

Scientology techniques, auditing, auditing with e-meter and purification's cures have been heavily discussed by Doctor Abgrall MD, the expert asked for by the Instruction's Judge.

 
For him, auditing is but a banal interview between auditor and 'audited', in a way the scholar, and would constitute an instrument of domination on flexible or too confident persons, able to lead, at the best, to affective troubles or emotional crisis
 



 

 

page 12

 and at the worst, to hallucinations or deliriums capable of leading to death through  suicide.

The auditing with electrometer, an electrical device aimed at weighing mental state's variations in the subject through the important differences of electrical resistance, represents a conditioning repressive therapy, very far from the freedom quest used to seduce the person interested.

Purification is presented as aimed at peoples' spiritual and physical  betterment , through sauna sessions, diet and vitamins intake, a hotchpotch of free allegations and fantasy hypothesis and would be very efficient in mental manipulation.  It could be lethal in its toxic effects, direct or indirect, creating on the subject a special touchiness able to lead him to a psychiatric pathology with dangerous or suicidal behavior.

Finally, after having studied scientology writings, analyzed member's folders and examining the actual practice, Dr ABGRALL concluded that scientology was a cult using medical and para-medical techniques - mostly psychiatric - in order to provoke indoctrination, mental manipulation, and the submission of mentally frail or immature subjects, able to lead to illness and death. For him, the religious argument would be only the search for  monetary profits, the various services proposed by scientology church being billed very highly.

Following this logic, the Expert could  conclude that Patrice Vic's suicide was directly and certainly related to the application of auditing protocols to which he was subjected. Those conditioning techniques, together with vitamins intakes, had indeed led the subject to a state of physical and mental weakening, aggravated by various pressures, and limited him in an obligation to choose between following his costly membership in scientology and respecting his familial obligations, which choice he was only able to resolve by committing suicide.
 
The electrometer used during auditing sessions was also subjected to experimentation.

Maxime JONESSO, expert committed, estimated that this device used to weigh precisely the electrical resistances was improperly claimed to measure the electrical resistance of a human being or to observe that resistance variation supposed to be produced in relationship to the psychic state. The important imprecision of this resistance control would be enough to demonstrate the lack of seriousness of this technique, the device being fallaciously presented.

According to François KIRCHNER, testifying in counter-expertise, the electrometer is an ohmmeter able to measure electrical resistances with medium precision. It is really a deception used to confer a scientific aspect to an operation where seriousness is totally missing. Finally, that device's value could be around 5000 FF, while it is sold around 39000 FF to adepts.

The MDs VEDRINNE, ELCHARDUS and CANTERINO, asked to examine G. S., ex-member of scientology without giving any general or global advice on this church's methods, concluded that the patient, showing a neurotic psychological structure, had been submitted to a manipulation aimed at alienation, a manoeuver constituting the reverse of a psychotherapy.
[please, would you note here that scientology leads to a dependency of the person , an "'alienation'; contrary to psychotherapeutic aims; moreover, this is totally opposed to what scientology presents as its aims, which is "freedom on every dynamic", meaning the various spheres into which the individual lives his life; specifically, the 1st Dynamic (1stD) would be the survival of the individual through himself; the 2d D., through his family and through sex; the 3D, through the groups from which he is part; the 4th, through Humanity as a whole; the 5th, through living species; the 6th, through the universe; the 7th, through spirit or life; and the 8th, through infinite. One can notice that the 8th D, infinite, just recovers exactly the area of 7th dynamic, if one examines the concepts said in scientology about said 7th D. Therefore,  in scientology, it is a void concept.]
 



 

 

 page 13
 
In rebuttal, the defendants have shown a consultation from Dr BORNSTEIN, MD, neuropsychiatrist, expert accepted on the list of the Cassation's Courts, who estimates that the Purification's method was renewing the initiatic principles of the large religions since antiquity, by adding natural processes like running, sauna and vitamins in order to protect the individual against toxins one is exposed to in today's life. Finally, the scientology protocol, included Niacin's use, is not contrary to present scientific data and aimed at getting a good balance on psychic and physical plans.
[can i add that most MDs to which I've said the dosages of vitamins and minerals were not judging those useful when they were not speaking of real dangers]

A great number of complaints were received from persons having frequented the Dianetics Center in Lyon, rue Edouard Herriot, or the church of scientology de Lyon, Place des capucins. Every plaintiff said they went to those institutions after having received a leaflet promising free personality testing or, in some cases, an orientation test, done immediately and immediately evaluated by computer.

Sometimes the plaintiffs had been attracted by an ad in free press, written in words like "Searching for salespersons, beginners okay, training given, salary..." etc, and they alleged that they were convinced that they were answering an employment offer.

 

In almost every case, the concerned persons, having personal, familial or employment  problems, had learned that the tests done showed severe deficiencies to which the test's interpreter proposed immediately to remedy by reading L. Ron Hubbard's books or by courses to be taken in the institution, to be paid immediately. Later either simple auditing sessions, or electrometered sessions were proposed;  intensives billed at 22000F, [omitted: 22000 for 12h30] , purification cures billed up to 30000 FF, or even training's steps in foreign countries - Denmark or Clearwater, Florida, in order to climb the various rungs toward knowledge or advancement through the "state of Clear" which can be defined as a spiritual or physical state of harmony.

 
Plaintiffs heard have therefore paid varipis sums which could reach some hundred of thousands FF, for example, M. M.T., who frequented Copenhague and Clearwater. All of them insisted on the extreme pressure used to get funds from them, some having even sold their assets, emptied their saving plans and taken out large loans as was suggested to them. Many specified that, as they went to get a free test or to search for an employment, they did not understood immediately that "they were now in a cult" , to use their own words.
 

It is nevertheless useful to state that most plaintiffs have dismissed their complaints, after concluding a settlement, adressing then to the instruction judge letters written in almost the same terms, exposing that due to "misunderstood erasing" with the Church of Scientology, they had choosen to dismiss their complaint and [justice's] action.

 
In the circumstance where the impecuniousness of the member was such that he could not pay anything, it was possible for him to become a "staff", that is a permanent employee, and could then finance its training by his job, with the following condition: in case he would break his contract by premature demotion, he could be asked to reimburse his training.

 
Whatever, sums were considerable as shown by those figures:
 
-Gross Income of the Dianetics Lyon Center during 1990 was 2.020.800 F paid on Credit Lyonnais Bank.
 


page 14

 
- Checks deposited on M .J.J. own account totalled:

      1988..............1.023.187 FF

     1989..............617.417 FF
 
     on July 10th,1990...171.086 FF
[please notice this: the personal account of the scientology patron received a large part of GI]

-during the same period, M. J.J. had paid 451.866 FF to international entities of scientology church.
[Note: this ratio is really very lower than what I was used to pay, as a successful Mission or Org's patron, to upper scientology organizations, as we paid more than 50 % of our GI to upper orgs or publications departement, and i was especially aware to not pay still far more in unuseful materials : by instance, one of the reasons why I did not pay more than 60 or 70 % was that  I translated every course writtenly instead of buying them on tapes from scientology publications, (sometimes, a course could cost 10000 FF on tapes, plus one or two tape recorders, to deliver it once or twice at... 3000 F by person. I can suppose that M. J.J. was really making much money for himself here]

       - from Januray 1988 to July 1991, a sum of 15.916.288 FF had been transferred from an account opened in Credit Lyonnais Paris to an account of the church of scientology opened in "BIKUBEN BANK in Kobenhavn. [See  that this is probably the sums from everywhere in France to Denmark, including Paris Org, Paris Celebrity Center, and perhaps some other orgs, Lyon, St Etienne etc, but I have no other facts except the next paragraph:]

Church of Scientology Lyon had sent, between Nov 10th 1989 to May 15th, 1990,  six months, the sum of 363.898 FF from its account opened in the Bank of Savoie to the account opened in Kredit Bank Luxemburg.
 
 

The fifteen defendents present in Court have been sent back to the Court's juridiction under accusation of the following :

- second degree murder (manslaughter in UK) for M. J.J.,

        - Frauds for :M. J.J., B. A., M. C. spouse B., P. G. spouse H., Q. L. and C. D.,

        - Fraud complicity for C. D. spouse G., V. Y., C. J.P., D. P., T. E. spouse C., C. H., R. D. spouse P., B. M.A. spouse R. et B. L.M..  [Note that B. L.M.. is or was then a dishonest catholic priest having spent fortunes given to him by old persons to get scientology services]

 

In the Court and before any defence on the substance, the defendents have asked for the cancellation of the final instruction act and application for transfer of proceedings, saying that from the end of information's writ delivered on April 19th, 1994 applying the article 175 of the Code de Procédure Pénale, the Instruction's Judge had delivered a letters rogatory having had no result, the final instruction act having been given on Feb 23d, 1996, and transfer of proceedings act on March 15th, 1996, without a new advice to close the information having been notified, which, according defendants, constituted a cancellation's case of subsequent procedure.
[I have to explain that M. J.J. dared to pretend that M. Vic, the victim, had had his credit card stolen by a prostitute, a pretense from M. J.J. attacking as well the victim as his spouse, to be correlated with fair-game handlings in scientology cult;  we could suppose  more probably, that M. J.J. detained that credit card, as  could show  various affairs in scientology;  this can perhaps be used as a mean to weigh on people who could change their decision of buying some "service", and has been sometimes indicated as a fraud in USA's scientology orgs - how could he had known that M. Vic had no longer his credit card?]

 
The Court refused that exception because the alleged irregularity had not been to the prejudice of M. J.J., the only one here concerned by this information's measure having as only object to search if eventually, between the causes of Patrice VIC's suicide, could be counted the theft of his credit card, supposing that this theft existed.

 
Regarding the surplus (the remaining actions), defendants denied the violations they were accused of, holding that fraud and fraud complicity were not characterized and, for M. J.J., that he had committed no error and that there was no causal link between the Patrice Vic suicide and his frequentation of the Dianetics Center.


page 15

It's time to recall briefly the role played by each defendant:

        1°) V. Y. :

Was the Celebrity Center's président in Paris, more specially  targeting celebrities. That center brought some help to local missions, and, being a Class V church, delivered the ability certificates to reach the "State of Clear".

        2°) Q. L. :

Was the treasurer of Scientology church, place des Capucins in Lyon, since October 1989. Being an auditor, he used to deliver the personnality tests to newcomers.

        3°) C. D.

  Himself recruited by a test, he was the course supervisor on Place des Capucins, and payed his training with his work. He also perceived a percentage on books sold.

        4°) P. G. épouse H. :

Recruited by an ad, she became a permanent member of scientology church. She asked for tests to be done, interpreted them, and supervised courses. With T. E. spouse C., she acted on C. C in order to get her back in scientology by selling her an electrometer priced 39000 FF.

        5°) C. H. :

Was an auditor in Place des Capucins, perceiving weekly allocations and a 15% commission on bookselling. Has been a professional auditor from 1985 to 1990.

        6°) R. D. épouse P.:

Professional auditor, she worked as a freelancer, was paid 1000 FF a day. From March to June 1990, she got 52000 FF. From March 1991, she took the post of D. P. as a president of the scientology church Place des Capucins, where she was already very active. [This method of taking auditors outside the orgs or missions to deliver some special or normal auditing is not new and was often used in the past; but what is new here is the price paid, because if R. D. was paid 1000 FF a day (between 4 and 9 hours auditing hours a day), M. J.J. was getting 1760F maximum for each hours, therefore getting up to 93% gross profit. When I did pay external auditors  in the past, the auditors were asking generally the exact price we have got from the client, if not more]

        7°) C. J.P. :

Active member of Paris Church, he adviced the dianetics Lyon center on taxes and accounts matters. He was also the chief of OSA (Office of Special Affairs), responsible of litigations and intelligence.

        8°) C. D. épouse G. :

Having reached the highest level attainable in scientology, OT8, she was scientology Paris Church's president, and helped other local churches which, according what she said, are nevertheless autonomous. She defined scientology as a sort of "technological Buddhism".

        9°) M. C. épouse B. :

Recruited through an ad, she went to become the Dianetics Center Treasurer, a function she praticed during three years. Only responsible for purification cures, she rerceived commissions on book or electrometers sales. the true assistant


page 16

of M. J.J., she managed the Dianetics Center during his travels outside.

        10°) D. P.:

She was President of the Scientology Church on Place des Capucins from March 1990 to March 91, was paid according the GI and with some bonuses. She also lended the org's sauna to those coming from Dianetics center.[for the story, I had build that sauna with three other staffs of Lyon when the org was in Neuville, Lyon suburbian town ; it was then transferred to the smaller building of Place des Capucins, rented by the european scientology direction after we leaved and were declared SPs: they were not able to steal our own building]

        11°) B. A. :

Recruited by a personnality test in April 1989, he went on to become the course supervisor in the Dianetics center. He confirmed that in M. J.J.'s absence, M. C. was the acting manager in that mission.

        12°) B. M.A. épouse R. :
 
Was more especially responsible for Public Relations in scientology Church Place des Capucins.

        13°) T. E. épouse C.

Accounts' assistant in the Dianetics Center, she received percentages on book sales. With P. G., she went to C. C. and sold her an electrometer priced 39000 FF.

        14°) M. J.J. :

The founder and president of the Dianetics Center, he was the leader and acted as a true enterprise leader, interested by statistics and productivity. It happened that he received checks without an order, therefore keeping some confusion between his own accounts and the Center's ones. He sometimes asked for letters discharging his own responsability in case of suicide.

        15°) B. L.M. :

 
Catholic Priest, he let himself be tempted by scientology church, spending there around 100000 dollars given by a belgian benefactress. Having been on the "Freewinds" reserved to upper levels dignitaries in scientology, he has, by his priest's quality, given his caution to that institution and contributed to confusion. On January 23, 1991, asked to help by the Kobenhaven's organisation, he went to M. M.T and got a check for 5800 FF that he would have given to M. J.J.. He explained that, had he refused this help, he would have feared an "ethics report" opening some disciplinary actions from the org.

B. L.M. broke off with scientology church and came back to his priest ministery. [we are here, Lyon's area critics, quite sceptical about this break off; would this be real, I could bet that he would have liked to get the monies back to give them to real charity works - as would his priest's duties command- , unless scientology exerts some pressure on him, for instance with the money matters or otherwise. The reply I got from him during the affair reinforced my doubts, but that was long before the Appeal court.]
 
By declaration on Dec 2d 1996, M. J.J. called for appeal on Nov 22d 1996  jugement

        M. C., B. A., Q. L., C. D., P. G. spouse H., C. H., R. D. spouse P., D. P., B. M.A. spouse R., T. E. spouse C. and V. Y. also called for appeal on  Dec 6th 1996,

Monday 6th Dec, the Public Prosecutor also called for appeal againts those defenders and mail appeal against C. D. spouse G., C. J.P. and B. L.M..
 
 


page 17

The last having also called for appeal on the same day, those appeals being taken into account
 

 
On the merites,

Whereas that from the opening of hearings the defendants got some conclusions, where they ask:

 
- As in Circuit Court (Première Instance in french), cancellation of application for transfer of proceedings because of  lack of notification as in law article 175 of the Code de procédure pénale,

 
- the cancellation of the judgement given in court because that judgement would had not been independant and unprejudiced, that the cause would have not been fairly heard, the ordered expert being already convinced of the supposed guilt of defendants, that M. J.J. would have not had the benefit of easinesses necessary to his defence's elaboration, because having not been able to get the necessary account statements which could have helped him to justifiy the origin of the sums credited to his bank account,

- Subsidiarily, the elaboration of account's expertise to search if M. J.J. had profited by unusual fundings and personal profits coming from his activity as a Dianetics center president,

 
The hearing as witnesses of M. S., sub-director of the federal service of Taxation in Wsahington for questions regarding the exempted organizations and C. R., expert for accounts having acted in the procedure known as "Church of Scientology, International  [what? what the IRS has to deal here? people here in France are independant from the IRS sold-onto-scientology services, no? Especially after the 'independant" american IRS has just threw in its sponge against scientology blackmail and especially now that the so-called settlement shows that IRS guys were hyper-pressured by some 2000 suits instituted by scientology]

-Subsidiarily, a supplement of information to be done in USA, to search the importance and destination of money coming from churches situated in France,

 
Whereas the Public Prosecutor (Ministère Public in France) and plaintiffs have concluded to the rebuff of  all those demands and exceptions (demurrers?)

Whereas the Court, after hearing of all the litigants, defendants having been able to speak last, joined to the incidents to the substance to decide once only, in an unique decision,

Whereas defendants pleaded their release holding that:

 
- Constitutionnal principles of opinion's freedom, even religious and secular in the Republic, forbid that the fraud qualification would be applied to a dogma, a tenet, a political opinion, a philosophy, a psychology, a religion as scientology, [please notice that scientology pretended perhaps during instruction/information steps, or when appealing the first court's sentence, to be all of those simultaneously?]

-nevertheless the offences for fraud, complicity of fraud or fraud attempts were not characterized,

-moreover, defendants having acted bona fide, inside the frame of their religious belief, [a pompous lie from scientologists, as proven iterately; even the system of defence related to 'bona fide' has never been once retained or observed in the scientology system of "justice": good faith is nothing for them, so what...]

      - V. Y., C. J.P. and C. D. spouse G., being outside to the missions of Lyon, had not done any act which could constitute a fraud complicity,

Whereas moreover M. J.J. has, as before the Court, denied the second degree murder crime,

- Whereas litigants and Public Prosecutor (Ministère Public) have, a contrario, held that the blamed violations were really done,


page 18
 

the Public Prosecutor asking moreover that C. J.P. and C. D. spouse G. be sentenced, while released in circuit court,

Whereas that as soon as the reporting formality, the Court President informed defendants and their attorneys that some of the facts sued were able to be requalified (relabelled?) as extorsion and put them in condition to explain themselves on this possible requalification (relabelling?);  that defendts and their attorneys have had to speak last,

1°/ Upon the exception of nullity from violation of article 175 of the Code de procédure pénale:

 
Whereas that on April 19th 1994, the instruction Judge, according to rules of article 175 of the Code de procédure pénale, avised attorneys and litigants that the information part seemed final to him,

 
Whereas after a motion from M. J.J. attorney, dated May 9th 1994, the instruction Judge had, on 25th May 1994, given rogatory letters to the central regional judiciary policy in Lyon to find out if the credit card from Patrice VIC had been stolen, that indeed, M. J.J. allegated during his hearings that his credit card could had been stolen by a prostitute, that this rogatory letters had to be done before June 10th, 1994;

 
Whereas agents from central judiciary policy (SRPJ) in Lyon have, the 14th of June 1994, sent a requisitory to the Lyon Post Checks Center, holding the Patrice Vic account, in order notably to know if he had a "blue card", that on 26th of June 1994, they informed the asking magistrate that no response had come,

 
Whereas the 25th of Aug. 1994, Instructor Judge communicated the folder to the Republic Prosecutor, having then established his last requisitory Feb. 23d, 1996, followed by the transfer of proceedings order on March 15th, 1996, those various actions happening without any new notification procedure as asked in article175 alinéa 1er du Code de procédure pénale;

Whereas the defendant's attorneys suppose that it was prejudiciable to their defence's rights,

 
Whereas to discard this exception, the first judges have applied, judiciously, dispositions from article 802 of the code precising that the nulltiy can be pronounced only if this exception has had as effect to prejudice the interests of the related litigant,

 
Whereas here it was possible to litigants saying that they were prejudiced, to ask to justice on that affair a supplement of information to check if the credit card of M. Vic had been stolen, that defendants failed to make any such demand, whatever before the circuit court then before the Court:

 
Whereas even supposing that, for reasoning's needs, this credit card could have been stolen and that the role of this theft had had a role in the Patrice Vic's suicide, this one item would not be sufficient to exonerate M. J.J., as the articles 319 ancien et 221-6 nouveau du Code pénal concerning manslaughter/second degree murder don't ask that the defendant's faults were the only cause of the victim's death, as long as it is the main certain cause, even indirect or partial, of said death,

      
Whereas finally, the said theft having been done, according to M. J.J., at least 15 days before the Patrice's Vic death, this item, even if corroborated by facts, would not inhibit the Court of sentence


page 19

regarding the defender's behaviour during the last days and hours before the victim's suicide;

 
Whereas therefore, an information supplement otherwise unsolicited, regarding the alleged theft, does not necessarily appear necessary to the truth's manifestation, it is therefore correct to confirm the judgement having denied this nullity's exception as it did not prejudice defendants' interests.

 
2° ) On the motion in order to cancel the judgement:

 
Whereas on May 24th, 1997, was organized in Nîmes by the Regional association of Criminology
Languedoc-Roussillon a symposium entitled "Criminology and sectarian abuses" in which have spoken Madame BARTOLOMEI, judge having seated in the formation having judged the affair in circuit court and Doctor Jean-Marie ABGRALL,  the expert commited by instruction judge, having witnessed during the hearings;

 
Whereas according the transcription of the debates in this symphosium, controlled by a bailiff, Madame BARTOLOMEI would have declared that defendants had used every possible procedural methods to slow down the suit, that the Police Detective having participated to the query was feared during its deposition in hearings as a witness and that defendants had tried to hypnotize the Court by fixing it hours along during the hearings:

 
Whereas Dr ABGRALL would have allegated that "sect/cult is no religion", that he would have proposed to call them "coercitive and criminal groups" and would have estimated that "as soon as one is in this area, one is trapped";

 
Whereas the defendants conclude that the cause has not been, in Circuit Court "been fairly heard by an independant and impartial  Court"

 
Whereas if it is possible to defendants to discuss the opportunity of such actions some days before the suit in appeal, it is nevertheless possible to stipulate that:

 
- Madame BARTOLOMEI, judge, and Dr ABGRALL, expert, have spoken, not in a public place, but inside a symposium related to sectarian abuses, organized by a scientific society, the Association Regionale de Criminologie de Languedoc-Roussillon; that through their professional practice, they could legitimately speak of their experience to spectators of this scientific symposium;
 
 
    - Madame BARTOLOMEI took care to recall that the decision onto which she was a participant was not final and announced essentially her first feelings after the hearings, and anybody could have concluded that her opinion was already done and her independancy or impartiality affected;

 
    - Dr ABGRALL's conclusions, expert having had to study the sectarian phenomena, are under discussion from litigants and do not link the called Court, the defendants being not allowed to hold that being a judiciary expert, every action in a criminology symposium should be forbidden to him;

 
Whereas therefore, the motion tending to cancel the judgement, because  the cause would not  have been impartially and equitably heard by the Court, has to be denied;

 
Whereas M. J.J. asks for the cancellation of the judgement pretending he would not have had enough time and possibilities needed to prepare his defense because of  having being unable to


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get access to every sealed piece able to justify the origin of sums written in credit on his accounts;

 
    Whereas M. J.J. being called to answer a fraud crime, it is only the choice of  seized court to search if the fundings of litigious sums has been freely given or determined through  fraudulous manoeuvres coming under the frame of the article 405 ancien et 313-1 nouveau du Code pénal;

 
Whereas, moreover, M. J.J. has been able to reconstitute partially his accounts in a piece given to the Court; that he sent to the Court a more elaborated document justifying sufficiency of funds credited on his accounts, even if he recognizes himself in  his writing that the confusion between his own accounts and dianetics center ones is "certainly regrettable", that finally M. J.J. has been allowed to specify during the hearings that he possessed, long before scientology, important assets and that this allegation has not been discussed by defendants neither by plaintiffs, or Public Prosecutor,

Whereas therefore M. J.J. could not be allowed to hold on the fact the he would not have had enough time and possibilities to prepare his defence while this was not specifically blamed on him to have gotten unusual fundings and personnal profits coming from the Dianetics center he managed; that the accounts' expertise asked for same motives bears not the least interest and should be dismissed;

 
3°) Onto the motion to get some other witnesses heard and some information's suppplements

 
Whereas finally defendants ask the hearing as witnesses of M. S., sub-director in the federal services of taxation in Washington for questions related to organizations implanted in USA and of C. R., account expert having had to act for "Church of Scientology International", that they ask also an information supplement in USA to search for the destination of funds received from scientology associations in France;

 
Whereas following Article 513 of the Code de Procédure Pénale, the witnesses having to be heard before the Appeal Court are heard only if the Court orders it;

 
Whereas here, defendants having called in Circuit Court a large number of witnesses, have not asked before the Court those two witnesses they want to be heard now;

 
Whereas the facts whose the Court is seized do not bear on the International Church of Scientology operations, or funds'  transfers to foreign countries from foreign countries or use of the funds paid to Church of Scientology International,  but only on the points to decide if the violations targeted in the suit have been commited inside the Dianetics Center and the Church of Scientology Center, and to decide if those violations were done by the defendants; that therefore it is of none value to determine if the US' IRS has determined the religious statute of the church of scientology, or if it could justify the origin or use of the funds she got; that even to suppose that the mother Church located in USA had a running and practice not deserving any despicable attention, that would not inhibit that leaders or members of any association located in France could, for their part, commit violations of fraud and extorsions;

 
Whereas finally the Court has been able to read a specific letter of M. S. adressed to


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Maître METZNER, attorney for some defendants and read the report of account expert C. R., documents communicated by the Defendants,

 
Whereas for those motives the motions for hearing of those two witnesses, totally missing of interest, should be denied,

 
4°) Upon the facts labelled as frauds and complicity of frauds

 
Whereas the defendants allegate first that constitutionnal principles of freedom of opinions, even religious or secular of the Republic forbid that the qualification of imaginary power or chimeric occurence, constituting the fraud crime, could be applied to an idea, a doctrine, a dogma, a political opinion, a belief, a rite or a cult; that such qualification should be contrary to constitutionnal freedom of opinion which could only be limited in its material manifestation or expression; that the Republic recognizing none of the cults/worships, respecting every belief and warranting the opinion's freedom, it is not up to the judge to separate the chimeric from the sacred, and therefore, to give any  judgement of value upon the doctrine or belief taught by the Church of Scientology; that it is erroneous that the order to transfer proceedings and the court's decision had qualified the scientology doctrine or its application;
 

Whereas it is true that belief's freedom is one of the fundamentals items in french public freedoms as indicated in article 10 of the Déclaration des Droits de l'Homme et du Citoyen de 1789: "nul ne doit être inquiété pour ses opinions, même religieuses, pourvu que leur manifestation ne trouble pas l'ordre public établi par la loi",  ("Nobody should be annoyed for his opinions, even religious, as long as their manifestations do not disturb the public order"; that the article 1er on 9th December 1905 related to the separation between churche and State says that the Republic guarantees the conciousness freedom and the free exercise of cults-beliefs [french word is: cultes, more near worship or religious belief than of sect/cult] under the only restrictions coming from the interest of public order; that the article 9th of European Convetion for safeguarding Human Rights and Basic Freedoms as well as article 18 and 19 of the International Pact relating to civil and political rights reassert the principle to freedom to manifest ones' own religion under sole restraints coming from needs for public security, public order, health and public morality;

 
"Whereas it is vain, to question the point of knowing if the Eglise de Scientologie is a cult or a religion, the belief's freedom being absolute; that as long as a religion could be defined by the simultaneïty of those two items, one objective - the existence of a community, even a small one - and one subjective, a communal faith, the Scientology Church can claim the religious title and develop in total freedom, inside the frame of existing laws, its existing activities including missionaries' ones, or proselytism;
 

Whereas nevertheless the religious freedom is complete, it is allowed to conceive: that some individuals are using a religious doctrine, in itself licit, to reach financial or commercial aims in order to defraud others - those others being bona fide ; that a regularly constituted church could, in some cases, hide a financial or commercial enterprise; that the practice or exercise of a cult [worship, belief, nt] can lead to fraudulous manouvers from some members of that religion; that the measure of those manouvers through a religious practice does not imply a value judgment on the doctrines professed by that faith, but only applies to the legality [precisely, the french word used is licéité, subs. coming from licit, nt] of the methods used;

 
Whereas it is needed to apply those principles to the subject submitted under this Court;


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Whereas here the subject is  the Dianetics Center managed by M. J.J., adepts being essentially recruited by two methods, ads in medias and distribution of leaflets promising a free personnality test,

 
Whereas the wording of such ads  was :"You want to help others to be better. Become a Dianetics auditor...tel..nr..." was able to induce wrongly the reader, and persuade him of the possibility of an employment offer, and that moreover the litigious ad was classed into the "employment offers" part of newspapers, issuing those ads,

 
Whereas other ads were certainly lying ones, as those issued on July 23 and 24, 1988, in the newspaper "Le Progrès": "Looking for salespersons. Beginners ok. Training provided. Motivating pay...", as those can be interpreted truly as employment offers, while the ad had as only target to get potential future adepts in the Center;

 
Whereas the analysis of complaints show that numerous people, deceived by those faked employement offers, went to the Dianetics Center where a paying course and buying of books, before any employement, were imposed to them;

 
Whereas this way M. L. spouse B., being unemployed, answered 1990 start to an ad of the free newspaper "le 69" exposing that, according to what she understood, the Dianetics center recruited employees, that she met M. C. who explained to her that her job would be to cure depressed or ill persons, since the center was curing every sort of illnesses without medical drugs, that seeing the surprise of M. L. who said she was unable to do this job, M. C. had sold her a book priced 400 FF and engaged her on a course costing 1100 FF, sums  that the plaintiff had paid immediately, that M. L. spouse B. added that after some days in, she had understood that she was in some sort of cult and decided not to come back there, though she was called by M. C., that the plaintiff held on having been defrauded because evrything was organized to make her believe that she would get an employment, while she was deprived of 1500 FF;

 
Whereas in the same way, V. C., looking for an employment, came in January 1990 to Dianetics center asking for "auditors", that it was said to her that she had to take a paying course, that due to her indecision, it had been specified to her that she had to decide immediately and had to give a check of 609 FF, that after some days, finding that situation quite strange, she had stopped the course and that M. C. had tried to get her back in the center; that this plaintiff said having been defrauded because coming to get en employment, she was deprived of 609 FF to take a imposed courses;


page 23

 
Whereas M. M.T., plaintiff, specified to the instruction judge that near the end of 1988, she had answered an ad in a newspaper which was offering to become an auditor in the Dianetics center; that she added that in her mind, that ad was for an employment in the future, and that Scientology church was never indicated, she had paid on the first move 1500 FF to get a course and then, under the pressure of notably M. C. and M. J.J., she had been engaged in a process and forced to pay hundred of thousands of FF;

 
Whereas M. M.T. reiterated during the hearings that she went for the first time to the Dianetics center in reaction to what she believed to be an employment offer;

 
    Whereas the same fallacious practices were used in the Church of scientology , Place des Capucins, that by instance R. H., looking for an employment, had been lured by an ad exposing that an enterprise located 3, Place des Capucins, was looking for employees for human contacts; that once in the scientology church, she was directed to take a personnality test showing some defects justifying the taking of courses, auditing hours finally paid for a sum of 4850 FF; that R. H. complained in justice insisting on the fact that, while looking for an employment, the church of scientology had conditioned her in such a way that she was finally led to pay 4850 FF without getting the employment having been used as a lure.

 
    Whereas even if the facts exposed by R. H. were in 1986, while the church of scientology was not yet managed by D. P., but one of her predeccessors, they nevertheless show that the Dianetics Center and Church of Scientology used the same fraudulous methods to recruit their future adepts, employment offers and personnality testings, sometimes mixed.

 
    Whereas the reiterated publishing of ads, never mentioning their church of scientology origin, written in equivocal terms and sometimes undoubtedly lying ones, to make believe or let believe to the reader that it was employement offers, linked to books sales, or course or trainings to be paid immediatly, while the real purpose of those ads was to get a new membership to scientology, is analysed as fraudulous manoeuvres aimed at creating hope of chimerical event, specifically here a possibility to get a job, those aforesaid fraudulous manoeuvres having led to a money payment; that aforesaid fraud offence is therefore characterized, as soon as the agent has acted consciously;

 
Whereas the Dianetics Center and the Church of Scientology Place des Capucins were using a second method to recruit new adepts, that  were distributed leaflets promising a free  personnality test by thousands (the word free is written in big letters), this test being supposed to reveal the 10 main personnality's point, a counsellor having to explain freely the test's results, explanation that should  constitute "an astounding moment"; that those leaflets had not the least sign indicating that they were issued by the scientology church, exception for the "Centre de Dianétique", totally unknown from public at large;[Please, newspapers' staffs: note well that scientology has always used, especially outside of the USA and England, the word Dianetics instead of Scientology, to hide the real link; that this method has always been successful to proselytize the cult - most medias don't speak of dianetics but of "church" of scientology or scientology-, and that this is one proof more of the non-religious presentation of the scientology by scientology, as dianetics has always been labelled by scientologists as a "science" - not a religion; that further proof can be added: the upper levels of "scientology" so-called spiritual enlightenment are "New Era Dianetics", not scientology.]
 

 
Whereas as allegated by almost every plaintiff and Dr D. M.E., himself  having adhered for some time to scientology, the free test was conceived to give in a largest majority of cases, bad if not catastrophic results able to worry the person;[see outside of judgement the reasoned critic of the tricks used by Hubbard to fraud the test] that some of those people tested were all the more prone to accept such conclusions that they had severe personal or professional problems showing precisely the interest that they had to those conclusions; that this item was always known from test's instigators who were very aware of aforesaid difficulties of the persons tested;

 
Whereas the Dianetics Center and the church of Scientology proposed, immediately after having given the results of the test, to remedy those defects called "ruins" in the scientological wording, proposing then books, courses, auditing sessions, purification's cures whose prices' increase was scientifically calculated, leading to a process of spending more and more important sums which could reach, in some cases, hundred of thousands FF;


page 24

 
Whereas C. J. found a leaflet in his mailbox, and has very well exposed the linking of sequences which, from the personnality test having shown his "instability", led him, through M. J.J.'s actioning, to take courses, auditing sessions, vitamins for a total cost of 4000 FF, till he was able to realize that "he had entered a sect"; that C. J. specified that he gave to M. J.J. checks not showing the beneficiary and that M. J.J. proposed that he go to USA to follow his training;

 
Whereas J. C. spouse K., being depressed, went to the Dianetics Center, got the personnality test and followed the same road as C. J., paying 3850 FF; that this plaintiff added that M. J.J. proposed that she subscribe a loan if she was no longer able to pay for her courses and to recruit new adepts  opening rights to a commission, while M. C. pushed her to take more auditing sessions and acted on her when her belief was failing; that J. C. spouse K. concluded that the interest shown by M. J.J. toward her lowered as soon as he understood she had no more money:

 
Whereas C. B., depressed due to professionnal problems, has  also been subjected to the personality test in the Dianetics Center, exposing  irresponsability, nervosity, anxiety and instability; that M. J.J. asserted to him that he had not the least chance to get better by himself, but that his situation could go better with dianetics center help; that this plaintiff held that M. J.J. alleged to him that every persons having acted against him had lost their suits and had even, in some cases, committed suicide; that C. B. had not understood immediately that the dianetics center could be a religion or a cult, that institution being supposed, from what he said, to give orientation's testing;

 
Whereas D. C., having frequented the Church place des Capucins in 1988, lived a similar experience, the test having exposed that she was depressive, impervious, lone, suffering from communication's problems; that this plaintiff distributed leaflets to get new adepts and indicated that, questioning her interlocutors on the significance of the word "church of scientology"on the building's front, it was answered to her that it was not church;

 
Whereas numerous other declarations gotten through the instruction show similar experiences experienced by persons suffering a period of frailty; that many of those said that new adepts were heavily pressured to pay continually new sums, even by getting loans:

 
Whereas C. R., enrolled some time as an "ethics officer" in the Dianetics Center, clearly demonstrated that M. J.J. was aimed at financial or commercial objectives, that C. R. was asked by M. J.J. to check each staff's production; that every week M. J.J. targeted a higher target than the week before; that M. J.J. asked him to be hard on statistics, production and increase of the number of adepts; that he was continually repeating that costs were heavy and that the Mission was just able to pay for those; that after five weeks in his post, C. R. realized that  "it was only a matter of money";

 
Whereas those declarations of C. R. who is perhaps still a member of the scientology church, corroborate those of numerous plaintiffs like M. M.T., having denounced the harrassement to which one is subjected to follow new courses or sessions;


Next and end: file 3