From jensting@imaginet.fr Fri Oct 25 01:12:18 1996 From: jensting@imaginet.fr (Jens Tingleff) Newsgroups: alt.religion.scientology Subject: Verdict in Dr Abgrall fair-game trial in France [Xenu] Date: Fri, 25 Oct 1996 00:12:18 +0100 Organization: ARSCC Operation Clean the Planet Lines: 320 Message-ID: X-Newsreader: Yet Another NewsWatcher 2.2.0b6 Guten abend, bonsoir, good evening I just laid my hands on the verdict document from the trial against three clams for harassing an expert witnes - Jean-Marie Abgrall - while he was preparing evidence for two trials against scientology, one in Marseille and one in Lyon. Public service announcement (in case you don't feel like wading through several pages of translated legalese): all three clams got suspended prison sentences. More or less straight translation; original French in single quotes, comments and summaries in square brackets. I use "cohabitant" for the French 'concubin(e)', signifying a couple living together but not married. ====================================================================== Document identification: Tribunal Grande Instance de l'arrondissement de Toulon, Dept du Var No de Parquet 91002737 No de jugement 2655 11 Oct 1996 [Case: the French State ['Ministere Public'] and Dr Abgrall versus three clams: Mr Jean-Philippe Labrez, born 27th July 1961 living in Alleins (charged with attempted corruption), Mr Patrice Ranchoux, born 21 June 1969 living in Nice (charged with theft) and Ms Patricia Duval ['epousee' - married name] Forestier, born 7th March 1955 living in Paris (charged with accesory to theft). Two first clams represented by laywers from Toulon ['avaocat au barreau de Toulon'] and Ms Forestier by a Paris laywer, Mr Metzner who also appeared for the defense in the Lyon trial.] CRIMINAL LAWSUIT: On 6th of Sept 1990, Dr Abgrall made statement to the SRPJ [sounds police-like, I don't know specifically what it is] on the following facts: In may and july 1990, Dr Abgrall was assigned as legal expert by judges in Marseille and Lyon on cases opened against the Scientology sect, called the Scientology Church [he he he ;-)]. ****** On the afternoon of 28th of Aug 1990, he received two new clients for consultation, first a man who had provoked and disturbed the patients in the waiting room and the secretary and had to be "physically turned away" ['expulser physiquement']. Second a woman presenting herself as Nathalie Simon. The latter had requested an examination and treatment, she told him she belonged to the 'l'association de citoyens pour le defence de l'homme' [CCHR, I think] (scientologist front group) and that she had been been referred to him by Dr Labreze, member of the church. The latter had already met Dr Abgrall at the end of July 1990, attempting to get a favourable conclusion for an expert report prepared by Dr Abgrall on the subject of Emanualle Aulagnier, cohabitant of Dr Jean-Philippe Labreze, for the Marseille court in the case for accesory to fraud ['escroquerie'] opened against the latter. [She is described as being 'eccrouee', could mean she was being detained, but I don't know] After the departure of the young woman, Dr Abgrall discovered the disappearance of a pack of calling cards and a rolodex ['ordonnancier']. ****** Before that, on the 4th of Aug, an caller ['interlocuteur'] had phoned, successively, Dr Abgrall (among other things President of an ecological organisation CERASTES), Mr Couderc (vice president of said organisation) then Dr Robert Martin (general practitioner in Hyeres) to obtain information ['avaoir des renseignements'] on Dr Abgrall and alluded to diversion of fund commited by the doctor on the occasion of examination of 'majeurs proteges' [no idea, might be adults commited to institutions]. The person calling Dr Martin identified himself as Patrick Ranchou, and led the former to believe he was employed by or a customer of the insurance company 'Les Mutuelles Unies'. He presented himself, in any case, as "member of 'l'association de citoyens pour le defence de l'homme'". Dr Abgrall declared that these events were evocative of "fair game" ['propaganda noire'], a term used by the church of scientology describing a process of spreading lies ['calomnies'], excerting legal preassures and physical elimination of anyone who opposes the sect [through the text, there are little brackets with numbers - looks like references to exhibits - the two given here being D.4 and D.5]. According to Mr Nitart, interrogated ['entendu dans la cadre de l'information'] and presenting himself as "ethics officer" of the church of scientolgy mission in Nice, "fair game" means spreading false delarations and soiling the reputation of someone to damage him. On Sep 13th -90, Dr Abgrall made a new statement to the SPRJ about theft of mail in his letter box, having noted a reduction in numbers of letters and the non-receipt of bank statements as well as an assignment as expert sent by an insurance company. This complaint was added to the investigation being undertaken by this department. ****** In mid-November -90, Mr Claude Girieu, a former nurse in the specialised hospital Pierrefeu (where Dr Abgrall had practised) declared to have received phone calls from a person identifying herself as Anne-Marie Leforrestier, member of 'l'association de citoyens pour le defence de l'homme' during which she had attempted to obtain personal information about Dr Abgrall. ****** Mathalie Simon, interrogated for the first time on Feb 5th -91 denied neither her visit to Dr Abgrall nor her connection to the church of scientology, but she claimed to have consulted the doctor purely for medicinal reasons and to be completely ignorant in the matter of the disappearance of the rolodex and the calling cards. The search of her home on the same day, even if it didn't find the missing objects, did result in the discovery of an address book in which appeared the phone numbers of Patricia Forestier and Patrice Ranchoux. ****** Patrice Ranchoux, interrogated on 19th of Feb -91, declared himself to be "pastoral counciller of the church of scientology" ['conseiller pastoral au sein the l'eglise de scientologie'] and member of 'l'association de citoyens pour le defence de l'homme'. It was in this capacity that he had "investigated" Dr Abgrall to establish if the latter wasn't guilty of "psychiatric abuse". He claimed that he had acted unders orders ['avoir agi de son propre chef'] and denied any theft as well as any intrusion into the office ['cabinet'] of the doctor. The search of his home turned up nothing and he was not recognised by Dr Abgrall's secretary. ****** Jean-Philippe Labreze, interrogated on 21st Feb -91, confirmed that he was the cohabitant of Emmanuelle Ollagnier [different spellings in the original]. He claimed never to have met Dr Abgrall except with the goal of getting news of his compagnion, and in no way to excert preassure on the expert. ****** [Legalese describing the opening of a civil case on 28th of June -91 brought by Dr Abgrall against Ms Simon, Mr Labreze and Mr Ranchoux for corruption, threats and suppresion of testimony] ****** [Most of the following paragraphs begin with 'Attendu que' which I take to mean that testimony was presented to the court.] The investigation ['information'] and a search ['perseqution'] of the "Nice mission", office of the church of scientology, on Jan 21st -91 permitted the discovery of a document signed by Patrice Ranchoux relating to an ethics officer the confession of his faults and notably the theft, accompagnied by Remy Petit, from the mailbox of Dr Abgrall of a letter for the doctor. Patrice Ranchouz admitted ['reconnaisait'] to have acted on the express invitation of Patricia Forestier to undertake an investigation of the professional profile of Dr Abgrall; he admitted ['admettait'] his presence together with Remy Petit during the theft of the letter destined for Dr Abgrall and declared to have agreed with Remy Petit to take the letter, underlining ['precesant'] that "it should be sent to the church of scientology, that is to Ms Forestier, if it turned out to be an interesting document". He indicated that he immediately reported to Patricia Forestier about their visit to the house of Dr Abgrall. Apart from that, it appears from the declaration of Remy Petit, first to the police then to the investigating judge ['il resultee des declarations de Remy petit tant devant les Services de Police que devant le juge d'Instruction'] that in his quality as a member of the church of scientology and 'l'association de citoyens pour le defence de l'homme', branch of the former, he received instructions, in Aug -90, from Patricia Forestier to "develop according to the fair game ['propaganda noire'] defined by Ron Hubbard, a counter-attack to the claims of the psychiatric doctor Abgrall, of Toulon, who was a notorious opponent of the church of scientology..." to the point of being, according to Ms Forestier, the cause of the closing of the scientology center in Nice. Remy Petit decalred that, conforming to the instructions of Ms Forestier, accompagnied by Patrice Ranchoux, he investigated ['avait enquete sur le compte'] Dr Abgrall, seeking to find "all that was of compromising nature"; that he admitted having with Patrice Ranchoux, as part of his mission "spread doubts on the honesty of Dr Abgrall, both from a professionel level and from a moral integrety viewpoint" Remy Petit indicated that after various official investigations ['diverse interpellations, mises en garde a vue'] and the closing of CCDM [your guess is as good as mine, the clams like to have 'Centre Culturelles', maybe that's it] in Nice to have received orders, together with Mr Ranchoux, from the board of CCDM in Paris to "find with utmost urgency discrediting elements on Dr Abgrall.." It was absolutely necessary to react and prove that Dr Abgrall was a scoundrel ['canaille']" [Yep, open quote missing in that last sentence.] He underlined also, that with Ranchoux, it was never a case of their own initiaitive and that they received their missions, by telephone, from Patricia Forestier who was their main contact point ['interlocutrice'] and to whom they reported once their mission was done. The delarations of Mr Petit established also that Patricia Forestier asked them to investigate on the private life of Dr Abgrall, to find for instance if he was a drug abuser or if he had a mistress. In these circumstances, the instructions given and the methods used (investigation into the private life of Dr Abgrall), the search for facts dwith the goal of discrediting Dr Abgrall as well as the urgency with which the mission of Mrs Petit and Ranchoux necessarily implied the commision of illegal acts such as fraudulantly obtaining letters against Dr Abgrall. In effect, the orders given by Ms Forestier could only engender a criminal attitude on the part of the persons used to accomplish these missions entrusted and for which obedience was acquised, Remy Petit specifically stated about this that "as a good scientologist, one has to follow orders ['obeir a sa hierachie']". There can be no argument about the declarations of Petit to the investigsting judge ['il ne peut etre tire argument des declarations'], Remy Petit indicated: "...Patricia Forestier specifically pointed out that if we found documents and if they were legal, we should take them.." In effect this delaration leads to the assumtion ['laisser supposer'] that the investigator should procure officiel and legal documents, without it being possible to deduce that the procedure used to procure them should necessarily be legal. In consequence Patricia Forestier was accused of the crime of being accesory to theft. On her part, she admitted having conducted "the investigation" undertaken by Petit and Ranchoux on the professionel profile of Dr Abgrall. Seperate from that, according to the detailed ['precises et circonstanciees'] declarations of Dr Abgrall, during the visit he paid him, at the end of June -90, Dr Labreze had alluded to the various problems he could encounter if he was not understanding with regard to Miss Ollagnier without being specific about these problems, given ['etant precisee'] that Dr Abgrall was writing an experts report with regard to Miss Ollagnier, cohabitant of Dr Labreze, 'escrouee' in connection with a charge of accessory to fraud in Marseille. Dr Abgrall pointed out that ther suggestions were insiduous, without direct threat, it remains none the less that Dr Labreze hinted that favourable conclusions could bring him a clientelle recommended by te church of scientology as well as favours given by said church, such as voyages and financial reward. From other declarations of Dr Abgrall, it is established that approx. one month after this interview, Dr Abgrall received a yong woman, Nathalie Simon, member of the churcvh of scientology, who was sent by Dr Labrezez and who solicited a medical treatment. In consequence, is is declared that the accused are guilty of their crimes, and sentenced as follows: - Forestier: 18 months prison, suspended, and 50000FFR fine - Ranchoux: 6 months prison, suspended - Labreze: 6 months prison, suspended ON THE CIVIL LAWSUIT [Dr Abgrall wanted 100000FFR damages (article 515-1 of penal code) and another 30000FFR (article 475-1) He was awarded half that, i.e. 50000FFR + 15000FFR] [Formal write-up of verdict.] ====================================================================== Comments: (If the Lyon trial verdict document goes into this much detail, *I'm* not translating it ;-) At most, I'll get the darned thing OCRed and put it on the Web. Phew!) Definitely an interesting case. Proves that the practise of using FSMs (no details given of the church status of Ranchoux and Petit) to carry out crimes (as shown, e.g., in the operation PC freakout docs) is all too alive and well today. One wonders if they are really so stupid so as to make phone calls under names easily similar to their own, stating that they're members of CCHR, and spread shady rumours. I guess that the instructions from Ms Forestier had to state that the policy they were carrying out was defined by LRH. Nice to see in a court verdict that the instructions from Ron incited crimes ;-) Now we can really go to demos with the "CRMINAL CULT" signs waving high. I wonder about the ethics officer at the Nice org - there aren't any precise indication of why he was interrogated, nor indeed of the reason for raiding the Nice org. The raid (?) on the org came before the interrogation of Simon, Ranchoux and Petit. Also wondering whatever happened to Petit, it sounds like he wasn't at the trial proper. Later Jens ------ No PGP signature, no authenticity. Vive La France!! --------- http://www.imaginet.fr/~jensting/. Scientology[tm]?? Check it out at http://www.cybercom.net/~rnewman/scientology/home.html *and* http://www.scientology.org/. Report to alt.religion.scientology ;-)