------------------------------------------------------------------- F.A.C.T.Net, Inc. (Fight Against Coercive Tactics Network, Incorporated) a non-profit computer bulletin board and electronic library 601 16th St. #C-217 Golden, Colorado 80401 USA BBS 303 530-1942 FAX 303 530-2950 Office 303 473-0111 This document is part of an electronic lending library and preservational electronic archive. F.A.C.T.Net does not sell documents, it only lends them according to the terms of your library cardholder agreement with F.A.C.T.Net, Inc. ------------------------------------------------------------------- John J. Quinn QUINN KULLY & MORROW 520 S. Grand Avenue Eighth Floor Los Angeles, CA 90071 (213) 622-0300 Kendrick L. Moxon Timothy Bowles BOWLES & MOXON 6255 Sunset Blvd., Suite 2000 Hollywood, CA 90028 (213) 953-3360 Jonathan W. Lubell MORRISON COHEN SINGER & WEINSTEIN 750 Lexington Avenue New York, New York 10022 (212) 735-8600 Attorneys for Plaintiff CHURCH OF SCIENTOLOGY INTERNATIONAL UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA CHURCH OF SCIENTOLOGY INTERNATIONAL, a California Non- Profit Religious Organization, Plaintiff, vs. STEVEN FISHMAN and UWE GEERTZ, Defendants. CASE NO. CV 91-6426 HLH (Tx) PLAINTIFF'S APPLICATION FOR INTERIM SEALING ORDER PENDING HEARING ON PLAINTIFF'S LOCAL RULE 7.16 MOTION FOR RECONSIDERATION TO STRIKE OR, ALTERNATIVELY, TO SEAL DECLARATIONS Plaintiff Church of Scientology International (CSI) hereby applies ex parte for an interim sealing order for defendants' 20 post-judgment declarations pending the May 2, 1994 hearing on CSI's subject motion for reconsideration (Motion). Despite defense counsel's previous denials, today's publication of at least four tabloid articles containing references to false and defamatory allegations in the court-filed declarations of Andre Tabayoyon and Garry Scarff confirms that defendants are improperly utilizing that file to lend supposed judicial protection to their ongoing defamation campaign against CSI. At the very least, these developments warrant a seal until defendants' intolerable actions can be fully considered and resolved by the Court. This application is based upon the attached Memorandum of Points and Authorities, the Declaration of Timothy Bowles establishing required notice under Local Rule 7.18, the pending Motion and supporting exhibits, the records and files in this case and such other argument and evidence as may be adduced at or before any hearing on this application. Dated: April 12, 1994 Respectfully submitted, BOWLES & MOXON (signature) Kendirck L. Moxon Timothy Bowles John J. Quinn QUINN, KULLY & MORROW Jonathan W. Lubell MORRISON COHEN SINGER & WEINSTEIN Timothy Bowles Kendrick L. Moxon BOWLES & MOXON Attorneys for Plaintiff CHURCH OF SCIENTOLOGY INTERNATIONAL MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF APPLICATION FOR INTERIM SEAL This application is based on receipt today of April 12 articles in four European tabloids, the Daily Mirror, Evening Argus, Evening Herald and Chichester Observer which confirm that this Court's file is now being improperly utilized as defendants' "reservoir of libelous statements for press consumption" as prohibited by Nixon v. Warner Communications, Inc., 435 U.S. 589, 598, 98 S.Ct. 1306, 1312, 55 L.Ed.2d 570 (1978). The Daily Mirror article, entitled "Tom's Bizarre Cult Scream-In" (Exhibit A), the Argus piece, a sidebar entitled "Cruise Screams for Cult" to another article inspired by Mr. Berry (Exhibit B) and the Evening Herald article, entitled "Tom Cruise's bizarre life at 'slave camp' of cult" (Exhibit C) restate many of the false and scurrilous allegations contained in the Tabayoyon declaration gratuitously filed post-judgment by defendants in this case. The fourth article, from the Chichester Observer, restates similarly false assertions of Garry Scarff made to "an American court" (Exhibit D). Repeated are the outlandish Tabayoyon accusations, shown to be false by the previously submitted declarations of Ken Hoden and others, that the subject CSI premises were customized for the supposed exclusive benefit of Mr. Cruise and a few others by "slave" workers, including Tabayoyon's imaginary "romping meadow" and other hallucinations. This property is a film production facility regularly used by the Church staff, parishioners and the local community alike. This property was never an issue in this case, yet now becomes the subject of a media sideshow from sham accusations obtained by defendants for a fee and, at least until May 2, carrying the apparent imprimatur of this Court. On April 5, 1994, this Court set a May 2 hearing on plaintiff's Motion for the striking or permanent seal on the Tabayoyon declaration and 19 others filed post-dismissal for no other purpose but to generally "defame plaintiff some more." See Court's minute order of January 24, 1994. While CSI also presented evidence of the imminent publication of an article in the Globe tabloid utilizing defendants' court-housed "libel mill," this Court declined to shorten time for that hearing. CSI's continuing irreparable harm inflicted by defendants' actions is now obvious. Today's articles leave no doubt that with the case supposedly at an end, this Court's file has been deliberately stocked by defendants to carry on a sheltered dissemination of still more outrageous lies and distortions regarding the Church and its parishioners. Confirmed by the articles' various references to "[d]efence lawyer Graham Berry" and statements made by Tabayoyon to "Los Angeles lawyers," there" is also no doubt that Geertz's counsel has instigated these articles from the court-filed materials. In contrast, defendants' have no legitimate purpose for such actions and carry no conceivable prejudice by the temporary seal now sought by CSI. This gross abuse of the Court's authority must end, at the very least checked until the matter can be fully reviewed and resolved on CSI's pending Motion. This Court should therefore issue the proposed interim sealing order on the subject 20 declarations pending the scheduled May 2 hearing.1 Dated: April 12, 1994 Respectfully submitted, BOWLES & MOXON (signature) Kehdrick L. Moxon Timothy Bowles John J. Quinn QUINN, KULLY & MORROW Jonathan W. Lubell MORRISON COHEN SINGER & WEINSTEIN Attorneys for Plaintiff CHURCH OF SCIENTOLOGY INTERNATIONAL 1 For the same reasons, the Court should also seal Exhibits A, B and C to this application as they are presented so the Court may see for itself the magnitude of the problem present, not to expand the reservoir of libel created by defendants. DECLARATION OF TIMOTHY BOWLES I, Timothy Bowles, hereby state: 1. I am counsel of record for plaintiff Church of Scientology International in the case of Church of Scientology International v. Fishman & Geertz, U.S. District Court, Central District of California No. 91-6426 HLH (Tx). I have personal knowledge of the facts set forth herein and if called as a witness could testify competently thereto. I am submitting this declaration in support of plaintiff's application for an interim sealing defendants' 20 declarations pending hearing on plaintiff's motion for reconsideration. 2. On April 12, 1994 at approximately 3:15 p.m., I telephoned Graham Berry, counsel for defendant Uwe Geertz, to inform him of the substance of the ex parte application. He was unavailable, so I left a message to this effect on his voice mail. 3. On April 12, 1994 at approximately 3:17 p.m., I telephoned defendant Steven Fishman to inform him of the substance of the ex parte application. He was unavailable, so I left a message to this effect on his voice mail. I declare under the penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 12th day of April, 1994, at Los Angeles. ú , , at Lo ngeles, California. (signature) Timothy Bowles PROOF OF SERVICE ) STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 6255 Sunset Blvd., Suite 2000., Hollywood, California 90028. On April 12, 19946 I served the foregoing document described as PLAINTIFF'S APPLICATION FOR INTERIM SEALING ORDER PENDING HEARING ON PLAINTIFF'S LOCAL RULE 7.16 MOTION FOR RECONSIDERATION TO STRIKE OR, ALTERNATIVELY, TO SEAL DECLARATIONS on interested parties in this action [ ] by placing the true copies thereof in sealed envelopes as stated on the attached mailing list; [X] by placing [ ] the original [X] a true copy thereof in a sealed envelope addressed as follows: Steven Fishman 12980 S.W. 48th Street Ft. Lauderdale, Florida 33330-2339 [ X ] BY MAIL* [] I deposited such envelope in the mail at Los Angeles, California. The envelope was mailed with postage thereon fully prepaid. IX] As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with'postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing an affidavit. Executed on April 12, 1994 at Los Angeles, California. [ ] BY PERSONAL SERVICE** I delivered such envelope by hand to the addressees. Executed on at Los Angeles, California. [ ] (State) I declare under penalty of the laws of the State of California that the above is true and correct. [X] (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Type or Print Name Signature * (By Mail, signature must be of person depositing envelope in mail slot, box or bag) ** (For personal service signature must be that of messenger). PROOF OF SERVICE STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. I am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 6255 Sunset Blvd., Suite 2000, Hollywood, California 90028. On April 12, 1994, I served the foregoing document described as PLAINTIFF'S APPLICATION FOR INTERIM SEALING ORDER PENDING HEARING ON PLAINTIFF'S LOCAL RULE 7.16 MOTION FOR RECONSIDERATION TO STRIKE OR, ALTERNATIVELY, TO SEAL DECLARATIONS on interested parties in this action [ ] by placing the true copies thereof in sealed envelopes as stated on the attached mailing list; IX] by placing [ ] the original [X] a true copy thereof in a sealed envelope addressed as follows: Graham Berry Lewis, D'Amato, Brisbois & Bisgaard 221 N. Figueroa St. Suite 1200 Los Angeles, CA 90012 [ ] BY MAIL* [ ] I deposited such envelope in the mail at Los Angeles, California. The envelope was mailed with postage thereon fully prepaid. [ ] As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing an affidavit. Executed on at Los Angeles, California [X] BY PERSONAL SERVICE** I delivered such envelope by hand to the addressees. Executed on April 12, 1994 at Los Angeles, California. [ ] (State) I declare under penalty of the laws of the State of California that the above is true and correct. [X] (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Type or Print Name Signature * (By Mail, signature must be of person depositing envelope in mail slot, box or bag) ** (For personal service signature must be that of messenger). EXHIBIT A [The copy sent to FACT appears to have been photocopied successively until the text is difficult to read. Thus it is possible inaccuracies in advertently have crept into the text below. Please consult the original Daily Mirror if any word seems dubious or if exact accuracy is required.] Daily Mirror, Tuesday April 12, 1994. 27 pence. By GREG SINCLAIR TOM CRUISE, Secrets of his desert cult, see pages 18 and 19. [A picture of Mr. Cruise is shown along with the headlines.] HOLLYWOOD STAR AND THE WEIRD WORLD OF SCIENTOLOGY Tom's bizarre cult scream-in. [A picture of Mr. Cruise is shown. A second picture shows his desert apartment with prominent television antennae atop it.] A FEW GOOD DOLLARS: Well, several million actually. Heart-throb Cruise is one of Hollywood's top earners. The Firm believer. TOM cruise was born Thomas Cruise [name illegible] III in New York in 1961. His family -- originally from Louisville, Kentucky -- spent the first 12 years of his life regularly moving around the states. But his parents split up and Tom and his three sisters wnet to start in a new life with their mother and her new husband. Cruise fell into acting by accident. A keen sportsman, he was injured in a high school wrestling match and decided to audition fo the school play while he was recuperating. . . from that moment he was hooked. At 19 he moved to the bright lights of New York, shortened his name to Tom Cruise, and landed a bit part opposite Brooke Shields in a weepy entitled Endless [word illegible] Love in 1981. Less than a year later, ambitious Cruise landed a leading role in the tought army drama TAPS. His big break came in the hit move Risky Business, where he starred alongside Rebecca de Mormay [name illegible]. The role moved him into the million dollar league and also saw him move in with his co-star. The relationship broke up because of "career conflicts". Then came the world-wide smash Top Gun in 1987. And the same year he married lifelong scientologist Mimi Rogers, a sexy older woman who introduced Cruise to the weird cult. They split up after less than three years and Rogers later complained that Cruise was celebate [sic] for most of the marriage. Cruise then met and fell in love with Australian actress Nicole Kidman on the set of Days of Thunder. The couple married a few months later at [word illegible] Christmas, 1990. Cruise is now one of the biggest names in Hollywood. His box office hits include Colour of Money, A Few Good Men, The Firm, and Far Away. [The paragraphs quoted above are inside a box. Beside it is a picture of a man. The caption below reads: MYSTERY MAN: Controversial David Miscage.] IT RISES more like a mirage from the desert -- a bizarre ship wioth an even stranger crew. This is the base camp of the controversial Scientology cult -- an oasis in the Californian desert where Hollywood superstar Tom Curise is said to have lived in luxury as guest of sect leader David Miscavige. The 32-year-old Oscar-winner is alleged to have spent many hours alone there with Miscavige -- a mysterious figure who is said to rule the Scientologists with a rod of iron. The building at Gilman Hot Springs is shaped like a 19-th century sailing clipper and dominates the camp, called Gold, where 750 members of the mind-bending cult live and work. Now a sworn statement by a fomrer senior Scientologist has painted a vivid picture of the stark gulf between the lifestyles of visiting celebrity guests such as Cruise and the spartan life of toil led by the camp's regular inmates. The revelations come in a deposition recently made ot Los Angeles lawyers by Andre Tabayoyon, a Scinetologist for 21 years until less than a year ago. In it, Tabayoyon, 47, a former head of security for the Scientologists, says Miscavige befriended Cruise in the late Eighties, and they spent many hours on board the Clipper Ship, which has a kitchen, dining-room and bar. Miscavige guarded Cruise's privacy obsessively and was so keen to keep him happy that he authorised the spending of tens of thousands of dollars on tearing down and rebuilding a new addition to Cruise's luxurious base apartment after the couple disliked the finished colour scheme. IN ANOTHER big waste of money, Miscavige had an entire meadow platned with flowers so that Cruise and his Australian actress wife Nicole Kidman could "romp" there. But the result was so awful that Miscavige had it ploughed up. Few ordinary cult members are allowed to share the Clipper Ship's privileges. It is strictly off-limits to all but the likes of Cruise and the other select celebrity guests -- among them John Travolta, Kirstie Alley, Jazzman Chick Corea and Priscilla Presley -- who have been atrracted by the weird sect started in 1954 by American L. Ron Hubbard. When the stars go there, they enjoy an amazing five-star lifestyle in the desert. Many have had their own apartment cottages built, and they use their own dining-room and cocktal bar -- it's called Camelot and features a hurge round table meant to look like the mythical table of King Arthur. Tabayoyon claims that Miscavige used his Hollywood connections to supply brand-new movie releases for viewing in the camp's plush 100,000 pound cinema. There are also a fully-equipped film studio, a well-maintained nine-hole golf course, a tennis court and a man-made lake complete with yacht. Cruise had almost exclusive use of a gym, a sauna and an Olympic-sized swimming pool. He was given a personal chef when he came visiting and there was a specially-built concrete walkway to his apartment so that he did not get his feet dirty. In a garage once used by Ron Hubbard, Cruise parked two motorcycles, a Mercedes and a large motor home. Tabayoyon alleges that money used to keep Cruise and other stars in luxury came from funds donated to the church of Scientology. THE CONTRAST between their cosseted existence and the life of the ordinary cult members is stark. Just a few hundred yards away from the pampered visitors, dozens of ordinary Scientologists work in fields and vegetable gardens. They live on a [Here a picture shows field work, with caption: DESERT OASIS: Ordinary cult members toil to keep the camp green.] small weekly allowance and wear a "uniform" of tatty blue shirts and trousers. Many rarely venture out in the nearby towns and have to apply for special permission to leave the camp -- which is surrounded by metal fencing, video monitors and radar sensors. They are not allowed to speak to Cruise or other visiting stars and toil for at least 10 hours a day gardening and maintaining the immaculate grounds. Thanks to their labours, the camp looks like an oasis in the middle of a desert where temperatures regularly hit 100 degrees F. THESE ordinary members, says Tabayoyon, were referred to as the Rehabilitation project Force and virtually used as slave labour. The workers helped to build Cruise's apartment and repair it after a mud slide -- for a miserable wagy of 20 pounds a week. Hundred of thousands of dollars has been spent on underground walkways built so that they they [sic] can cross the main road splitting the base in two without leaving the camp. According to Tabayoyon, Miscavige ordered the detention of some disaffected members, including one woman he was involved in a power struggle with. Others were held in punishment camp because they, too, had upset the cult's hierarchy. [Another picture caption reads: CLIPPER CLUB: The desert hideaway where Hollywood stars can play and live a five-star life of luxury.] Miscagive -- who walks around the base in a naval captain's uniform complete with ribbons -- personally beat up a man who tried to escape from the base, alleges Tabayoyon. CRUISE was persuaded to reveal his innermost feelings in what the cult calls an "audit". He passed it with flying colours, enabling him to get through to the next stage of the sect's hierarchy. He also took part in bizarre, screaming interrogation sessions with other members as part of the same "training" system. Tabayoyon also says the actor took part in a "Life orientation course" based on the controversial belief of Hubbard -- who claimed that aliens invaded the earth thousands of years ago and were responsible for the current state of mankind. A specially-appointed "auditor" interviewed Cruise to see if he could pass the test. It is a weird and wacky routine, as Tabayoyon explained. The aim is to return the person to the state they were in 75 million yhears before the "aliens" invaded. For Cruise to have passed this test he would have had to act out "psychosis and general madness", says Tabayoyon, a tough ex-Marine. Miscavige and Cruise have developed a special relationship, says his sworn statement. One is a world-domineering celebrity. The other is a young, domineering cult leader who seeks to "clear" the world and to rule it according to Scientology beliefs and practices. [The following eight paragraphs are in a separate box, with a headline and a picture of founder Mr. Hubbard.] "Corrupt and dangerous" FOUNDED in America in 1954 by science fiction writer L. Ron Hubbard, the Church of Scientology openly capitalizes on its superstar disciples. Famous names are used to woo the gullible into the sect. Hubbard died in 1986, at the age of 75, but thanks to the generosity of its members, the cult is still one of the richest religious movements in the world with a billion-pound global property portfolio. It claims to have more than eight million members worldwide, including 300,000 in the UK, but established churches say the figure is a "great exaggeration". It has a base in East Grinstead, East Sussex -- the sect's training centre and European nerve centre. A British judge described the mind-bending religious movement as "obnoxious, corrupt and dangerous". In the 1970s a number of Scientologists -- including Hubbard's wife -- were arrested after attacks on people who opposed the cult. The church rejects the orthodox Christian doctrine as told in the Bible. Members believe man is his own saviour and are banned from going to Protestant or Catholic churches. EXHIBIT B Evening Argus, Night Final The Choice of Sussex. Tuesday, Paril 12, 1994. 26 pence. THE CULT AND THE PRIVATE EYE SCIENTOLOGY: THE UNTOLD STORY THIS man is working for the Church of Scientology. But you won't find him hovering on a street corner with a smile and a clipboard. He is an American private detective. Ex-Los Angeles police officer Eugene Ingram was sent to Gritan to investigate the alleged theft of confidentiloa documents from Saint Hill in East Grinstead, the national headquarters of the cult. Relavtives of one leading anti-Scientology campaigner in Sussex have found Mr Ingram on their doorstep. Clergymen who have attacked the cult have also been targeted. Canon Roger Brown, Vicar of St Swithun's, East Grinstead, said, "Initially, he seemd polite but I think I detected a slightly hostile undertone and he became slightly aggravated when he realised I was not going to play ball. "I actually felt it was intrusive and slightly intimidating." Mr Ingram also contacted the Evening Argus following our investigastion into Scientology last month. We didn't play ball either. Mr Ingram has come under scrutiny in the American Press. His name also surfaced in a U.S. libel action brought by the cult against a former member. Defence witness Garry Scarff called the private detective an "insidious individual". He also made very serious allegations under oath about Mr. ingram's conduct. Mr Scarff asked for his address to be kept secret because he claimed members of the Church of Scientology in America had made death threats against him and his family. The Los Angeles police department refused to comment on the claims. But Peter Mansell, public affairs officer at Saint Hill, called them a pack of lies. Referring to the accusations against Mr [Here a picture of a man is shown, under which is written: American private eye Eugene Ingram sent to Britain to investigate "theft" of documents. In a small box is written: An Evening Argus special investigation.] Ingram, he said: "The allegations made by Scarff against Mr Ingram have absolutely nothing whatsoever to do with the case. Furthermore, the allegations are absolutely false." He added: "The FBI is currently investigating a perjury complaint against Mr Scarff, filed by Mr Ingram, who is a licensed private investigator, [Here an obscure picture has on it the words "Victims who are "fair game".] based on these exact false allegations." In an article in the Los Angeles Times in June, 1990, Mr Ingram said he has never harassed anyone during his inquiries. He is quoted as saying: "People who claim that I have conducted an improrper investigation against them probably have so many things to hide." But he has been taking his orders from lawyers representing the cult in America, which has harassed and abused opponents in the past, according to one U.S. judge. In our book that makes Mr Ingram "Fair Game", a label coined by the man who founded the alternative religion. To find out what it means, turn to pages 4 and 5. [A picture of Mr. Atack is shown, with this caption: Jon Atack: I never charged anyone 6,000 pounds for counselling.] Page 4, Victims who are "fair game". SCIENTOLOGY THE INSIDE STORY THE Church of Scientology may call itself a religion, but it does not have a reputation for turning the other cheek. For a week last month Jon Atack and his family were subjected to scenes like this outside their home in Cranston Road, East Grinstead. Why? The placard-carrying demonstrators are Scientologists, and they do not like Mr Attack becasue he is an outspoken critic of the cult. The police were twice called to disperse the protesters. But they kept coming back, and on Sunday, they were there again. Asked to explain, Peter Mansell, public affairs officer at Saint Hill, said: "One Scientologist recently found out Jon Atack persuaded his family to pay 6,000 pounds for him to counsel their son in order to get him to denounce his religion. The young man and his friends have been demonstrating to demand an end to the socially obnoxious practice of faith-breaking for money." In 1984, High Court judge Mr Justice Latey used the same words to describe Scientology. And last month we revealed how the cult took 22,000 pound off one young man in a month. He got his money back a year later -- with the help of a barrister. Responding to Mr Mansell's comments, Mr Atack said: "It's a bald-faced lie. I've never charged anybody 6,000 pounds for counselling. That's ridiculous." Fair Game: The New Testament says: "Whoever slaps you on your right cheek, turn the other to him also." You will not find such a quotation in the teachings of L. Ron Hubbard. Instead, the man who founded Scientology had this to say about "suppressive" people: "May be deprived of property or injured by any means by any Scientologist without any discipline of the Scientologist. "May be tricked, sued or lied to ordestroyed." He called the doctrine Fair Game. But Mr Mansell said: "The policy nbo longer exists, and in fact never did exist in the way it is disgustingly depicted by a few persons antipathetic to the Church. "All the policy ever meant was that persons who were expelled would not be forwarded protection of Church ethical policies." That was not the view of an American judge who ruled: "[word illegible] is misleading and abusing its own members' civil rights, the organisation over the years, with its "Fair Game" doctrine, has harassed and abused those persons not in the Church whom it perceives as its enemies." Mr Atack, who helps ex-cult members, is in that category. A leaflet called "the truth about Jon Atack" has been distributed to his neighbours. It accuses him, among other things, of having an "unprecedented history of drug dealing" (in other words, no conviction). Mr Mansell said: "Jon Atack has promoted the most scurrilous leafleting campaigns agains tthe Church, pretending to tell the truth about Scientology. "Our leaflets do not attack him but they do tell the truth about him." Mr Atack doesn't see it that way. Nor does his lawyer. he is suing. The Private Eye: Friends and relatives of Mr Atack have also had a house call from American private eye Eugene Ingram, who works for the law firm which represents the cult in the U.S. He flew to Britain following the "theft" of documents from Saint Hill. The incident is not being investigated by East Grinstead Police, but Mr Ingram has been busy nonetheless. He has called on Jon Atack's 77-year-old mother in Nottingham, his parents' former home in Staffordshire, and his wife's family from the same town. Sussex clergymen who know both Mr Atack and Bonnie Woods, [illegible word] anti-cult campaigner, have also received a knock at the door. They tell a similar story. Canon Rober Brown, of St Swithin's Church, East Grinstead, said: "He said he wanted to tell me the truth about Jon Atack and began waving papers which appeared to be letters in Jon's handwriting. "I felt it was a campaign against Jon Atack and I was not going to get involved." The Vicar of Felbridge, the Rev Steven LBowen, got a visit on Easter Sunday. He said: "He suggested he had things he could tell me about Bonnie Woods and I told him I didn't want to listen." Asked to justify the inquiry, Mr Mansell said: "When investigating a theft both plice and private investigators usually question anyone who may be able to provide evidence." Perhaps, he should tell that to Mr Atack's elderly mother. She had just collected her husband from hospital on the day Mr Ingram arrive on her doorstep. Mr Atack said: "She was upset and shaken." Chichester solicitor Beverley Ryall also had a knock at the door -- at midnight. This time the director of the cult's Bournemouth mission and another man were outside. They were accompanied by a woman plice officer who had been told Mrs Ryall was holding stolen documents. Mrs Ryall, who is helping a number of former Scientologists take legal action against the Church, said: "Obviously, I am frightened of what they might do next." She has filed her own complaint with the police. The Witness: The cult recently brought a libel action against former member Steven Fishman in a Californian court. One of the defence witnesses was Garry Scarff. He used to work in the Office of Special Affairs at the world headquarters of Scientology in Los Angeles. Mr Scarff testified under oath in pre-trial proceedings which began last year. The cult withdrew from the case in February and on April 4 there was a hearing to decide costs. The Evening Argus has copies of his testimony. The Allegations: Defence lawyer Graham Berry asked him: "Why have you requested that security arrangements be in place in this bulding?" Mr Scarff replied: "Because of the Church of Scientology's Fair Game doctrine, which has been unlawfully used in many ways to intimidate, harass and injure people. "It has been used by Scinetology members to threaten to murder me and members of my family if I every do anything whatsoever critical of the Church of Scientology in any legal proceeding." In another part of his testimony, he claimed the cult "not only targets people, they target attorneys, they also go after judges and try to discredit judges who they do not consider to be positive or unbiased. "And unbiased in their definition is anyone that would rule against them in any court proceedings. "I mean, we are talking about really sick stuff here. And to them it's just routine." Mr Mansell said: "The allegations were made in a deposition, a pre-trial giving of evidence. "A deposition is not done under the supervision of a judge and is done by lawyers who are often more interested in complciating the case and running up a large bill." The cult should know. Lawyers acting for the cult in another recent court case in America filed 1,787 [number illegible] motions in pre-trial proceedings. They were, according to the judge, "almost all [illegible word] and resulted in excessively increasing the costs. Asked why the Church pulled out of the case, Mr Mansell said: "The Church withdrew because of the completely [illegible word] legal tactics being used by Fishman's lawyers." Perhaps Mr Mansell whould read what L. Ron Hubbard had to say about that very topic: "The Law can be used very easily to harass and enough harassment on somebody who is simply on the thin edge anyway will generally be sufficient to cause his professional decease." "If possible, of course, ruin him utterly." Or how about this passage: "If attacked on some vulnerable point by anyone or anything or any organisation, awlays find or manufacture enough threat against them to cause them to sue for peace. "Don't ever defend. Always attack." And this: "We ?prefer? Scientology to be reported in the press anywhere other than on the religious pages of newspapers. Therefore, we should be very alert to sue for slander at the slightest chance as to discourage the public presses from mentioning Scientology." We are sorry to disappoint him. [Two pictures are shown of people on the street carrying placards. One sign can be read, which says "Respect the Religious Beliefs Of Others." Next to these two pictures a third picture shows a man walking with papers in his hand. The caption reads "Left, the protestors, and, above, leaflet man.] Cruise "screams" for cult ACTOR Tom Cruise had a "screaming session" when he joined the controversial Scientology cult. The Top Gun and Rain Man star took part in what cult members call "an audit" -- a bizarre training system of [Here is shown a picture of Mr. Cruise] screaming and interrrogation. He passed with flying colours and joined the cult's hierarchy. Other Hollywood Scientologists include Cruise's wife Nicole Kidman, John Travolta and priscilla Presley. Cult leader David Miscavige had a meadow planted with flowers so Cruise and Kidman could romp in it -- then had it ploughed up again when he was unhappy with the result. THE "RELIGION" WITH A CROSS, BUT WITHOUT ANY PRAYERS. [A picture of Father Walker is shown, with this caption: Canon Walker: No tenets of Christianity.] THEY call themselves a Church and their symbol is a cross. But the Scinetologists' religious image fails to stand up to scrutiny, experts say. The Vicar of Brighton, Canon ?Douglas? Walker, says the sect should not be described as a Church. He said: "Scientology does not have any of the central tenets of Christianity and yet they use a cross as a symbol and their ministers wear clerical collars. "In calling themselves a Church they give an impression that they are Christian, which they are not." He added: "The characteristics that people associate with a bona fide religion is that it is founded by someone whose own life was one of holiness. "That would apply to Islam, Christianity, Judaism and Buddhism. "When a 'religion' is founded by someone who has not lived a life of holiness and made a lot of money out of it, you would have to be suspicious." Scientology's message emphasizes self-improvement in a way which is at odds with the Church of England's view of religion. Scientology's founder, L. Ron Hubbard, says his movement plans to create a civilisation "where man is free to rise ot greater heights". Canon Will Pratt, spokesman for the Chichester Diocese, which covers the Church of England in Sussex, said: "Religion is primarily to do with the worship of God and the care for the poor. "It is not to do with self-improvement, although that may be a by-product. "The great religious tend to bear witness in an attempt to look outside and beyond yourself, not within yourslef." But Scientologist argue that the word "Church" and the sign of the cross are not, in fact Christian. Peter Marsell, public affairs officer at the Scientology headquarters in East Grinstead said: "Scientology is a religion and "The word "Church" is used to inform people of this fact. "The religious nature of Scientology has been confirmed by courts and governments all over the world. "The cross has been a religious symbol long before the time of Christ and is used by many religions, including Scientology." A recent investigation by the U.S. Government's tax office, the IRS, classified Scientology as a religious institution for tax exemptions. But that has not convinced authorities in Britain, including the Independent Television commisssion, which sets standards on acceptable advertising. The ITC says its rules on religious advertising refelct a concern "that the power of television should not be used by manipulative organisations to attract vulnerable people into situations in which they could be exploited emotionally or financially". Bob Towler is a director of Inform, a charity set up with Home Office funding to look at the work of new religious movements. He said: "Broadcasters define religion in terms of groups that have places or worship which are freely open to the public. "This lack of collective observance is what counts out Scientologists. "They want to advertise their Dianetics books on radio and TV, but are not allowed to on the grounds that they are not a religion in the accepted sense." He added: "For Scientologists who are not in East Grinstead, there is nothing they can do on a week-to-week basis. "There are no prayers to be said before you go to bed. It is so much nearer to being a fomr of therapy." Last year, the ITC [?issued? ?filed?] a complaint against Scientology which bans advertising on Superchannel TV. The commission found that the public cannot attend Scientology meetings without first buying a book about the sect. It also judged that the advertisement broke the rules by promoting "the organisation's philosophy" rather than its activities. Other complaints upheld by the ITC last year, include one against the Worldwide Church of God and another against the Philadelphia Church of God. [It appears a list of perhaps eight characteristcs of cults is given in a small box. Only the last two are decipherable:] + Rubbishing other religions. + Claims for miracles or faith healing. EXHIBIT C [The copy supplied to FACT is particularly dim. The following text is based on that copy and some guesswork. The author and publication are unknown, although it is presumed to be a British paper. We will be glad to give credit to the author and paper if the names are supplied and will correct the text if corrections are supplied.] TOM CRUISE'S BIZARRE LIFE AT "SLAVE CAMP" OF CULT Evening Herald, Tuesd [Here the line ends.] SUPERSTAR Tom Cruise lived in the lap of luxury in the base camp of the controversial Scientology cult -- while ordinary members were virtually used as slave labour. The _____ _____ were published today as a former senior Scientologist detailed the stark gulf between lifestyles of visiting celeb guests and the camp's regular inmates. Andre Tabayoyon, a Scientologist for 21 years until less than a year ago, has decided to reveal all in a deposition recently made to Los Angeles lawyers. He said base camp for the Scientology cult is a Californian oasis in the sand at Gilman Hot Springs The main building at the camp, called Gold, is shaped like a 19th century sailing clipper. Around 750 members of the cult live and work there. He said that the 32-year-old Oscar-winner is alleged to have spent many hours alone at the camp with sect leader David Miscavige. SCREAMING SESSIONS The deposition tells how Cruise was persuaded to reveal his innermost feeelings in what the cult calls an "audit". He also tok part in bizarre, screaming sessions with other members. "Miscavige and Cruise have developed a special relationship," says Tabayoyon in his sworn statement. Tabayoyon said Miscavige befriended Cruise in the late Eighties. they spent many hours on board the Clipper Ship, which has a kitchen, dining-room and bar. And he revealed that Miscavige authorised the spending of thosuands of pounds ripping down and rebuilding a new addition to Cruise's luxurious base apartment when the star disliked its colour. MEADOW TO "ROMP" He also had an entire meadow planted with flowers so that Cruise and his Australian actress wife Nicole Kidman could "romp" there. It turned out to be a disaster and Miscavige reportedly had it ploughed up. The luxury of the Clipper Ship is off limits to ordinary cult members. Other celebrity guests who have visited include John Travolta, Kirstie Alley, jazzman Chuck Corea and Priscilla Presley. [Three pictures are shown, with this caption beneath the three: SCIENTOLOLGY STARS: Kirstie Alley, Nicole Kidman and Tom Cruise.] EXHIBIT D [The copy supplied to FACT of this article is especially dim. The text given below of it is based on the dim copy and guesswork. Corrections will gladly be made if supplied.] Chichester Observer. Established 1887. Thursday, April 7, 1994. 32 pence. CULT USING GESTAPO TACTICS SAYS WOMAN by Phil Hewitt A Chichester solicitor has claimed a religious cult is using a horrifying catalogue of high-pressure tactics to silence its critics. Beverley Ryall said she received an ?accusing? midnight call from a US private investigator sent by the Scientology cult which has a base in Chichester. She denounced their approaches as "Gestapo tactics" and _____ _____ their methods _____ repeated threat of litigation, backed up by the distribution of "grossly defamatory" leaflets about people who leave the cult. Critics are subjected to allegations which "would make your hair stand on end by a self-styled religion whose real interest is money-making", Mrs Ryall said. She believed a possible motive for the midnight call she received was the cult trying to retrieve documents they wrongly believed she held about a former cult member on whose behalf she is now acting. Mrs Ryall said it looked as if the cult was trying to get back a "pre-clear" file, a form filled out by prospective cult members detailing things they wanted to confront or felt ashamed of. "My client's view was that as she left the church, it was hers to take. Legally they own the cardboard and the paper handle, but they are not entitled to the contents." Mrs Ryall who practices from her home at Westgate, said: "What is happening is quite appalling. They have been harassing my clients and it is quite wrong." She added: "They are just trying to intimidate me with Gestapo tactics -- but I don't frighten that easily." Mrs Ryall admitted she wondered at times what she was getting herself into, but she was aware some lawyers, particularly in the US, were slow to become involved. "There is a reluctance to take these cases on, but I suppose that's what I believe the British system of justice is here for." Eugene Ingram, the US private eye who called at her house, is employed by the cult at their Los Angeles base. Garry Scarff, a former cult member, has testified in an American court that Ingram was involved in a conspiracy to murder an opponent of the cult. Mrs Ryall claimed the religious content of the cult or church was debteable and its tactics were wholly unacceptable in a free democratic society. A spokeswoman at the cult's East Grinstead headquarters denied that Mr Ingram visited Mrs Ryall. SCIENTOLOGISTS DENY LAWYER'S ACCUSATIONS A Scientologist spokeswoman said they were making a compalint to the Law Society over Mrs Ryall's "false depcition of what occurred." They accused her of a complete misrepresentation of the facts relating to the documents. The cult was told that these were in Mrs Ryall's possession, and they were concerned that the documents might be _____ or destroyed. They also claimed Mrs Ryall's house was attended by the head of their _____ _____ and by a police officer. Chichester police said they were not involved. As for allegations of Gestapo tactics, the spokeswoman added: "Accusations such as this one are false and are made by people who are lamenting and crying because they have a guilty conscience. "It is the church which has been the victim of theft of documents and a number of people have already been implicated in ?pinching? some copies." She denied the cult would ever try to silence people or use intimidation tactics. "We have however invariably found that false allegations by opponents to this effect are made to create a smokescreen in order to divert from their own improprieties." ================================================================= If this is a copyrighted work, you are acknowledging by receipt of this document from FACTNet that on the basis of reasonable investigation, you have not been to obtain a copy elsewhere at a fair price, and that you are and will abide by the following copyright warning. WARNING CONCERNING COPYRIGHT RESTRICTIONS: The copyright law of the United States (Title 17, United States Code) governs the making of photo copies or other reproductions of copyrighted material. Under certain conditions specified by law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement. FACTNet reserves the right to refuse to accept an order for copying or other duplication, or delivery of copied or duplicated material if, in its judgment, fulfillment of the order would involve violation of copyright law. ------------------------------------------------------------------- ----------------------------------------------------------------- F.A.C.T.Net, Inc. (Fight Against Coercive Tactics Network, Incorporated) a non-profit computer bulletin board and electronic library 601 16th St. #C-217 Golden, Colorado 80401 USA BBS 303 530-1942 FAX 303 530-2950 Office 303 473-0111 This document is part of an electronic lending library. F.A.C.T.Net does not sell documents, it only lends them according to the terms of your library cardholder agreement with F.A.C.T.Net, Inc. ------------------------------------------------------------------- CARD CATALOG ENTRY DOS FILENAME OF TEXT FILE: LP.TXT DOS FILENAME OF IMAGE FILES: LPA.TIF ADMINISTRATIVE CODE: SECURITY CODE: DISTRIBUTION CODE: DESCRIPTION FOR BBS FILE LISTING: Church of Scientology International requests Dist. Court for a temporary seal on false and scurrilous allegations stemming from Mr. Tabayoyon's declaration, April 1994. Tom Cruise at Gilman Springs is prominent. SORT TO: CONTRIBUTOR: LOCATION OF ORIGINAL: FACT NOTES: CSI represents to the court that the court's file is now being improperly used a defendants' reservoir of libelous statements for press consumption. CSI appends exhibits from the press to illustrate what is being said about CSI, Tom Cruise, & Mr. Miscavige. For additional verification see the image files contained in the file with same name and .ZIP extension or contributor of the document. UPDATED ON: 6/28/94 UPDATED BY: FrJMc =================================================================