France: Scientology appeal trial Nov. 3 - Dec. 1, 2011

mnql1 · May 9, 2011

Translation of an article posted on May 9, 2011 on the website of French daily newspaper Le Figaro:
Scientologie: procès en novembre

Scientology: Trial in November
AP
May 9, 2011

The French branch of the Church of Scientology, which was convicted and fined 400,000 euros for "organized fraud", will be retried in November by the Paris court of appeal, according to a judicial source, and the new trial will take place from November 3 to December 1, 2011.

On October 27, 2009, the Paris correctional court convicted Scientology's two principal organizations in France, the "Spiritual Association of the Church of Scientology - Celebrity Centre" and the Scientology bookstore, and fined them, respectively, 400,000 euros and 200,000 euros.

Six members of the Church of Scientology were convicted, four of whom received suspended prison sentences ranging from 10 to 24 months for "organized fraud". Two others were fined for "complicity in the illegal practice of pharmacy".

The Church of Scientology was founded in 1954 by American science fiction writer Ron Hubbard.

ZeroC · May 9, 2011

inb4theyloseagain

xenubarb · May 9, 2011

Did any investigation result from the mysterious missing court dox?

RightOn · May 9, 2011

trial is nov 3rd- dec 1st?
3 weeks? (working days) isn't that kinda long for an appeal?

Sponge · May 9, 2011

RightOn said: ↑

trial is nov 3rd- dec 1st?
3 weeks? (working days) isn't that kinda long for an appeal?

Hopefully a frenchlawfag will be able to clarify it all for us at some point but from what I googled so far I believe that the cours d’appel can revisit the facts of the case, not just the findings in law. Maybe that's why so much time has been allocated. Not that I have the remotest idea of what would be a typical duration eitherway.

There are 3 charges spread across 6 defendants plus two entities. I wouldn't like to give scientology favorable odds on pulling a big nullifying rabbit out of its hat and come out of all this smelling of roses. Stranger things have happened though, especially in France, what with cart loads of court dox going missing from a major case in the past and then the unexplained "oops someone accidently your statute by mistake" just prior to this particular case's original trial which could have seen the scientology entities banned.
[inb4 OSA has pix of judge naked with a goat.]

TinyDancer · May 9, 2011

Emailing Jonny Jacobsen for an opinion.

RightOn · May 9, 2011

Sponge said: ↑

Hopefully a frenchlawfag will be able to clarify it all for us at some point but from what I googled so far I believe that the cours d’appel can revisit the facts of the case, not just the findings in law. Maybe that's why so much time has been allocated. Not that I have the remotest idea of what would be a typical duration eitherway.

There are 3 charges spread across 6 defendants plus two entities. I wouldn't like to give scientology favorable odds on pulling a big nullifying rabbit out of its hat and come out of all this smelling of roses. Stranger things have happened though, especially in France, what with cart loads of court dox going missing from a major case in the past and then the unexplained "oops someone accidently your statute by mistake" just prior to this particular case's original trial which could have seen the scientology entities banned.
[inb4 OSA has pix of judge naked with a goat.]

indeed
COS has had a lot of time to dig up dirt/make up dirt and will try to use it to use their advantage
if further shenanigans happen again like missing dox or whatever, it won't be as easy as the first time it happened.
Now more people will be asking more questions (I would hope)

Albion · May 10, 2011

RightOn said: ↑

trial is nov 3rd- dec 1st?
3 weeks? (working days) isn't that kinda long for an appeal?

Not necessarily: the original trial lasted four weeks, but with only
three days of hearings each week - two days in the second week -
and I seem to remember some of them may even have been just
half-days: perhaps something similar is happening here.

My summary of the original trial ruling is still up (for those you of
who came in late). I meant to do a more detailed analysis of the
judgment but then the Australian story broke and I also had my hands
full with other stuff. I'll try and get back to that analysis before the
appeal trial opens.

Jonny Jacobsen
Infinite Complacency

RightOn · May 10, 2011

Albion said: ↑

Not necessarily: the original trial lasted four weeks, but with only
three days of hearings each week - two days in the second week -
and I seem to remember some of them may even have been just
half-days: perhaps something similar is happening here.

My summary of the original trial ruling is still up (for those you of
who came in late). I meant to do a more detailed analysis of the
judgment but then the Australian story broke and I also had my hands
full with other stuff. I'll try and get back to that analysis before the
appeal trial opens.

Jonny Jacobsen
Infinite Complacency

thanks!

Albion · May 10, 2011

Sponge said: ↑

Hopefully a frenchlawfag will be able to clarify it all for us at some point but from what I googled so far I believe that the cours d’appel can revisit the facts of the case, not just the findings in law. Maybe that's why so much time has been allocated. Not that I have the remotest idea of what would be a typical duration eitherway.

You are right: the appeal stage is a full trial on appeal in which the facts,
as well as the law, are at issue. If it went to the Supreme Court, the Cour
de Cassation, the judges there would only be considering questions of law.

A word about the row over the ban the prosecutors wanted to apply to Scientology:
you will recall that the relevant law turned out to have been removed from the
statute book by what we are told was effectively a clerical error. Even though that
law has been reinstated it cannot be used in this case, as that would violate the principle
that laws cannot be applied retroactively. It will be interesting then to see what the
prosecution asks for at the appeal stage.

Here's my summary of what the prosecution asked for the first time around -- and my
write-up on the row surrounding the controversial amendment.

For what it's worth, I don't think the judges in the original trial would have applied a
ban in this case even if it had been an option: sledgehammers and walnuts.

Jonny Jacobsen
Infinite Complacency

Interrobanger · May 10, 2011

Seeing an enumeration of Scientology's crimes of organized fraud and illegal medical practices back in the mainstream press to remind everyone just warms the cockles of my heart.

Sponge · Aug 22, 2011

The upcoming case gets a little reminder bump within this article on RFI:
http://www.english.rfi.fr/france/20...-jackal-among-autumns-star-court-turns-france

Big names will be in the dock this autumn when French courts get down to business after the summer holidays. They will hear from top politicians, religious groups, a fashion designer and “the Jackal”, in cases of graft, illegal detention, murder and unfair labour practices.

A busy judicial autumn lies ahead and it should keep magistrates, lawyers and journalists in busy through the season of mists and mellow fruitfulness.

[...]

The Church of Scientology (3 November-1 December) – The Paris branch of the church, which is officially a sect under French law, will hope to overturn a previous condemnation to hefty fines for organised fraud.

Also, whilst I'm here, there is also supposed to be a bizarre civil case in the offiing, where scientology was apparently going to sue the French government (!), but I've not heard about any updates in that yet:
http://forums.whyweprotest.net/threads/scientology-suing-the-government-of-france.89246

Anonymous · Aug 22, 2011

Oh gee, lawsuit against the government and a grant of a retrial? Hmmm, what is going on here?

Sponge · Aug 22, 2011

Anonymous said: ↑

Oh gee, lawsuit against the government and a grant of a retrial? Hmmm, what is going on here?

It is not a retrial but an appeal but like I pointed out earlier it seems, to those of us outside of french law, like it is a retrial because it is not just restricted to points of law and they are also allowed to re-examine the facts of the case. From what I can tell there is no granting of an appeal as such but rather it seems you are allowed it by default (well, perhaps not quite like that but it's about as far as my e-lawering knowledge and googlefu can grasp).
Assuming the cult fails again and if they go on to get the ear of France's version of the Supreme court, Cour
de Cassation, then they can only consider points of law and not the facts of the case in that, the highest, court.

Albion · Oct 18, 2011

Just up at Infinite Complacency ahead of the trial on appeal, a review of
the judgment. This is an analysis of the original sentences in the 2009 trial
(which I promised in 2009 -- sorry about that). So I'm dealing this time not
with the details of who got what, but the reasoning behind the convictions
and sentences.
Best,
Jonny Jacobsen
Infinite Complacency

peterstorm · Oct 18, 2011

Albion said: ↑

Just up at Infinite Complacency ahead of the trial on appeal, a review of
the judgment. This is an analysis of the original sentences in the 2009 trial
(which I promised in 2009 -- sorry about that). So I'm dealing this time not
with the details of who got what, but the reasoning behind the convictions
and sentences.
Best,
Jonny Jacobsen
Infinite Complacency

Merci

Anonymous · Oct 18, 2011

Hopefully Xenophon gets called to testify

A-non-non-anon · Oct 18, 2011

Is the repeated abuse of Nono in any way relevant as an example of the criminal character of the defendant?

FloGold · Oct 18, 2011

well
im chatting with nono on fb right now
and he says that aside from being sore, having bruises and having to miss 2 days of work he is ok (as ok as someone can be after getting viciously attacked)
he also says he plans to file charges with the po po.

FloGold · Oct 18, 2011

heres a pic of the men that attacked him this fucking time
one of them is an french osa plant (the guy in the top hat)
and the other is the cc manager.

Anonymous · Oct 18, 2011

FlowGold said: ↑

heres a pic of the men that attacked him this fucking time
one of them is an french osa plant (the guy in the top hat)
and the other is the cc manager.

hey FlowGold, thanks for the updates but there is a thread for the new situation http://forums.whyweprotest.net/threads/paris-scientologists-attack-nono-again.95010/

FloGold · Oct 18, 2011

Anonymous said: ↑

hey FlowGold, thanks for the updates but there is a thread for the new situation http://forums.whyweprotest.net/threads/paris-scientologists-attack-nono-again.95010/

okay... >_>

AnonLover · Oct 18, 2011

Albion said: ↑

Just up at Infinite Complacency ahead of the trial on appeal, a review of
the judgment. This is an analysis of the original sentences in the 2009 trial
(which I promised in 2009 -- sorry about that). So I'm dealing this time not
with the details of who got what, but the reasoning behind the convictions
and sentences.
Best,
Jonny Jacobsen
Infinite Complacency

Finally got a chance to sit still long enough to thoroughly absorb this after my workday was done... bump for epic write-up well worth waiting on!

Thank you JJ, as always - you rock!

Sponge · Nov 3, 2011

Appeal Day #1:
3rd Nov 2011

As noted in this other thread yesterday, http://forums.whyweprotest.net/thre...ff-withdrawing-from-nov-3-appeal-trial.95659/
several of the original plaintiffs have withdrawn, leaving only the National Council of the Order of Pharmacists as the remaining plaintiff.
Also, last week, the cult was complaining that the Justice Ministry was interfering because of a circular sent out about cults:
http://forums.whyweprotest.net/thre...tice-ministry-infringing-on-nov-3-trial.95247

On with the show....

Scientology Appeals French Fraud Conviction
Associated Press (abc) 3rd Nov 2011
http://abcnews.go.com/International/wireStory/scientology-appeals-french-fraud-conviction-14871312

The appeal for the Church of Scientology's conviction on fraud has opened in a Paris court.

In 2009, a court convicted the church's French branch, its bookstore and six of its leaders of organized fraud. The group was accused of pressuring members into paying large sums for questionable remedies and using "commercial harassment" against recruits.

The group and bookstore were fined €600,000 ($830,000). Four leaders were given suspended sentences of between 10 months and two years. Two others were also fined.

Defense lawyers for the church plan to argue during the appeal, which opened Thursday, that the conviction curtails freedom of religion and association.

France does not consider Scientology a religion.

AP release also reported here....
Washington Post: http://www.washingtonpost.com/world...ppeals-court/2011/11/03/gIQAl1D0hM_story.html
Atlanta Journal-constitution: http://www.ajc.com/news/nation-world/scientology-appeals-french-fraud-1216126.html
Seattle Post-Intelligencer: http://www.seattlepi.com/news/article/Scientology-appeals-French-fraud-conviction-2249875.php
Washington Examiner: http://washingtonexaminer.com/news/2011/11/scientology-appeals-french-fraud-conviction
CBS News: http://www.cbsnews.com/8301-501714_162-57317406/scientology-appeals-french-fraud-conviction/
St.Louis Post-Dispatch: http://www.stltoday.com/news/world/article_547cf52f-8985-5ec3-bdd5-b6ef3e272e9b.html
Boston Globe: http://www.boston.com/news/world/eu...ology_church_appeals_french_fraud_conviction/
and so on (over 100 in the last hour or so)....
http://news.google.com/news/story?c...WhhrEbZh5v1hlM6r95K_ZfX_I6OM&cf=all&scoring=d

Google News/AP (longer article):
Scientology church appeals French fraud conviction
(AP) – 3rd Nov 2011 09:32 GMT
http://www.google.com/hostednews/ap/article/ALeqM5hesyF-ZLf8U8srX8FtibpRz4P7fQ?docId=0fef249418534a06a818455f202bbea2

PARIS (AP) — The Church of Scientology's appeal of its fraud conviction opened Thursday in a court in France, with defense lawyers planning to argue that Scientologists' freedom of religion and association were curtailed by the ruling.

In 2009, a court convicted the church's French branch, its bookstore and six of its leaders of organized fraud. The group was accused of pressuring members into paying large sums for questionable remedies and using "commercial harassment" against recruits.

The group and bookstore were fined €600,000 ($830,000). Four leaders were given suspended sentences of between 10 months and two years. Two others were fined.

While Scientology is recognized as a religion in the U.S., Sweden and Spain, it is not considered one under French law.

In the original complaint, a young woman said she took out loans and spent the equivalent of €21,000 ($29,000) on books, courses and "purification packages" after being recruited in 1998. When she sought reimbursement and to leave the group, its leadership refused to allow either. She was among three eventual plaintiffs.

In that trial, prosecutors had tried to get the group disbanded in France and fined €2 million ($2.8 million). But the court declined, in the end, to even take the lesser step of shutting down its operations, saying that French Scientologists would have continued their activities anyway "outside any legal framework."

The Los Angeles-based Church of Scientology, founded in 1954 by science fiction writer L. Ron Hubbard, teaches that technology can expand the mind and help solve problems. It claims 10 million members around the world, including celebrity devotees Tom Cruise and John Travolta.

Ok, it's spreading to all major news outlets. There's no point in posting the same AP reports just for the sake of it but do keep an eye out for anything new.

acepi86 · Nov 3, 2011

http://news.yahoo.com/scientology-church-appeals-french-fraud-conviction-100430803.html

Sponge · Nov 3, 2011

Scientologists appeal fraud charges in Paris court
RFI Radio France Internationale 3rd Nov 2011
http://www.english.rfi.fr/france/20111103-scientology-appeal-opens-paris-court

The court appeal by key members of the Paris branch of the Church of Scientology, sentenced in 2009 after being found guilty of fraud, opened in Paris on Thursday.

In 2009 the two principal institutions of the Scientology movement in France, the so-called Celebrity Centre and the SEL bookshop, were fined 400,000 and 200,000 respectively, but allowed to continue with their activities.

They launched an appeal, along with the unofficial leader of the Scientology movement in Paris, Alain Rosenberg, who was given a two year suspended prison sentence and a 30,000 euro fine in 2009.

Other members of the movement were given fines ranging from 2,000 to 20,000 euros.

Lawyers for the Church of Scientology denied that they were using delaying tactics by raising questions of constitutionality, which if accepted by the court, would lead to the postponement of the trial.

Olivier Morice, lawyer for Unadfi, an organisation which campaigns against sects, said he wants to the trial to include evidence about the methods and techniques of the Scientology movement, which, he said, are those of organised fraud.

“For us, Scientology is a business, whose main goal is to elicit money from its followers,” he told reporters outside the court.

But Eric Roux, a spokesman for the Scientologists, said he hoped the trial would “bring out the truth in this matter, which was judged in a scandalous manner the first time”.

Scientology was founded in 1954 by the American science fiction writer Ron Hubbard.

It is classed as a religion in the United States, but following a 1995 report by French parliamentarians in France it is categorised as a sect.

There are 12 million Scientologists worldwide, including 45,000 in France.

Here we go again with the bazillion scientologists in the world shit. AP says 10 million, RFI says 12 million. Donggg. Wrong answer. More like a tenth of 1 million (which the cult should be very pleased with). What does it fucking take to get the fucking facts into their fucking heads once and for all?!!!111raaage!!1!/derail

Sponge · Nov 3, 2011

AFP reports in French media:

Ouverture du procès en appel de la Scientologie
Le Point.fr - 3/11/2011
La branche parisienne du mouvement est rejugée pour escroquerie en bande organisée.
http://www.lepoint.fr/societe/ouver...-de-la-scientologie-03-11-2011-1392130_23.php

Translation:

Opening of the trial on appeal of Scientology
Le Point.fr - 3/11/2011
The Paris branch of the movement is retried for organized fraud.

Source: AFP

The trial on appeal of the Paris of the Church of Scientology, for organiized fraud, opened Thursday at 9:30 the Court of appeal of Paris. Upon arrival, the spokesman of the movement, Éric Roux, hoped that this trial would "reveal the truth about the case, which in the first instance was quite scandalous", according to him. In 2009, the two main structures of the French Scientology - Celebrity Center and its library SEL - had been sentenced to heavy fines (respectively 400 000 and 200 000 euros), but were unable to continue their activity.

They had used, as the "de facto leader" of Parisian Scientology, Alain Rosenberg, who had received two years in prison with sentence and 30,000 euro fine, and four other Scientologists, sentences ranging from 2,000 euros fine, 18-month suspended prison sentence and 20,000 euros in fine. They will be retried until December 1. Mr. Olivier Morice, a lawyer of Unadfi, an association of the fight against sects, for its part hoped that this trial might take place, while Scientology "seeks a postponement, completely inappropriately and unfair".

Counsel for the Church of Scientology, who defends "delaying" maneuvres, must indeed raise priority issues of constitutionality (QPC) may, if they were considered to be serious by the Court, result in a postponement of the trial. Mr. Morice, requires that this trial could "address the methods and techniques of Scientology", which in his opinion "are organized fraud". "For us, Scientology is a company who's main objective is to capture the wealth of its followers," added the lawyer before the press. Regarded as a religion in the United States, the movement founded in 1954 by American science fiction writer l. Ron Hubbard has been classified among the sects, in France, in a parliamentary report of 1995. It claims 12 million followers in the world and 45,000 in France.

Feel free to correct any translation mistakes

Sponge · Nov 3, 2011

Reuters reports in French media

La Scientologie s'oppose à un procès pour escroquerie
Reuters France 3rd Nov 2011
http://fr.reuters.com/article/topNews/idFRPAE7A20EZ20111103

Translation:

Scientology objects to a trial for fraud
Thursday, November 3, 2011 12: 30 pm
by Thierry Leveque. Reuters France

PARIS (Reuters) - Lawyers for Scientology Thursday asked the court of Appeal in Paris to defer or cancel the trial for "organized fraud" against the U.S. group which presents itself as a religion but is accused of being a cult.

This case is shrouded in mystery. At trial in October 2009, two entities of Scientology Paris region were found guilty and struck a fine of 600,000 euros, but the dissolution requested by the prosecution could not be delivered due to a surprise vote in the Assembly .

This vote took place just before the hearing and passed unnoticed had initially been presented as an accident after the internal investigation blamed a staff member.

The ruling, which declared for the first time that the activities are Scientologists themselves a company of fraud, is the most severe ever uttered in France against the American group, founded in 1954 by science fiction writer L. Ron Hubbard which currently claims 10 million followers in 150 countries.

Court of appeal, his lawyers, numbering of half a dozen, have argued that the court could not sit independently because the Department of Justice issued a circular in September aimed at their group.

They also intend to request cancellation of the first trial on the grounds that the prosecution has made legally erroneous requisitions and finally to support a "priority issue of constitutionality" (QPC), with the intent to weaken the prosecution, because if followed, it returns the hearing for at least a year or is terminated.

Jean-Marc Florand, one of these lawyers, said the court should refuse to sit if it intends to respect the fundamental rights of Scientology. Another lawyer said the prosecution sees a "collective psychosis".

"We are not on trial, we are in a fight that has only one goal, achieving a religion," she said. The court should rule on Friday, but the most likely option is to continue the hearing until December.

Feel free to correct any translation mistakes

mnql1 · Nov 3, 2011

A Nov. 3, 2011 post by Roger Gonnet on the French Google group about cults quotes an article from the irreverent satirical weekly magazine Charlie Hebdo (whose offices were destroyed on Nov. 2). Here is an informal translation:

Encore une manipulation prouvant la terreur de la secte criminelle scientologie devant la justice

On the eve of its appeal trial, at which the UNADFI (National Union of Associations for the Defense of Families and the Individual) has finally been admitted to represent the victims, Scientology undertook a last maneuver to attempt to get rid of one of its principal assailants, attorney Olivier Morice, counsel for the anti-cult association.

Recall that, in 2009, six Scientologists were fined 600,000 euros for relieving several followers of their money.

Charlie Hebdo is able to reveal that the manipulation took place in two stages. First, the cult took Morice to court for a motive that, it wouldn't be very wrong to say, was trumped up. Then, on the basis of this completely fabricated case, the cult filed a professional ethics report to the Paris bar to try to have the lawyer (who has refused to comment about this) removed from the trial.

The matter was heard on Friday behind closed doors before Jacques-Antoine Robert, member of the bar's ethics commission. Morice was defended by Meriem Kheliadi, and the counsel for Scientology, Gérard Ducray, by a lawyer whose name is well known: Brigitte Longuet, wife of the Defense Minister, in person.

It doesn't require much effort to infer that an attempt is afoot to destabilize Morice, the attorney for the victims in the Karachi affair, which is being followed very closely by the Defense Ministry.

The bar should render a decision this Wednesday, November 2.

Sponge · Nov 3, 2011

Anonymous · Nov 3, 2011

Scientologists appeal French fraud ruling – RTE.ie
Thu, Nov 3, 2011 — Feed: Google News
Scientology church appeals French fraud conviction – CBS News
Thu, Nov 3, 2011 — Feed: Google News
Likely duplicate(s): Google News/eTaiwan News, Google News/The Associated Press, Yahoo! News/news.yahoo.com, Yahoo! News/officialwire.com, Google News/The Seattle Times, Google News/ABC News, Google News/Tuscaloosa News (subscription), Yahoo! News/sfexaminer.com, Google News/Boston.com, Google News/Atlanta Journal Constitution
03/11/2011Church of Scientology appeals French fraud conviction – Expatica France
Thu, Nov 3, 2011 — Feed: Google News
Church of Scientology fights its conviction on fraud in Paris appeals court – Washington Post
Thu, Nov 3, 2011 — Feed: Google News
Scientology church launches court appeal – The Local
Thu, Nov 3, 2011 — Feed: Google News
Scientology appeals French fraud conviction – eTaiwan News
Thu, Nov 3, 2011 — Feed: Google News
Likely duplicate(s): Google News/STLtoday.com, Yahoo! News/washingtonexaminer.com, Yahoo! News/kwqc.com, Google News/CBS News, Yahoo! News/wqow.com, Google News/Seattle Post Intelligencer, Google News/Atlanta Journal Constitution, Google News/ABC News, Google News/The Associated Press
Scientology Files Fraud Appeal in France – Newser
Thu, Nov 3, 2011 — Feed: Google News
Scientology Fights Fraud Conviction in France – Newser
Thu, Nov 3, 2011 — Feed: Google News
Scientologists appeal fraud charges in Paris court – RFI
Thu, Nov 3, 2011 — Feed: Google News
Church of Scientology fights fraud conviction in France – ctv.ca
Thu, Nov 3, 2011 — Feed: Yahoo! News
BC-EU--France-Scientology,0117 – KGAN
Thu, Nov 3, 2011 — Feed: Google News
Likely duplicate(s): Google News/ABC6OnYourSide.com, Google News/WLOS
Scientology Church Appeals Conviction – abcnews.go.com
Thu, Nov 3, 2011 — Feed: Yahoo! News

mnql1 · Nov 3, 2011

Translation of a French article posted on Nov. 3, 2011 on the website of weekly news magazine Le Point:
Justice : la scientologie cherche à obtenir un renvoi de son procès en appel

Scientology seeking to delay its appeal trial

Source: AFP
November 3, 2011

On Thursday, at the opening of its appeal trial for "organized fraud", the Paris branch of the Church of Scientology sought a delay by unsuccessfully alleging government "pressures" on judges and by raising multiple points of law. Scientology's two principal entities in France - the Celebrity Centre and its SEL bookstore - were heavily fined in 2009 and five Scientologists, including the "de facto head" of the movement in Paris, Alain Rosenberg, are due to be retried in court until December 1. They are accused of exploiting the vulnerability of former followers to extract large sums of money from them.

Speaking to the press, Olivier Morice, the lawyer representing the UNADFI, an association that combats cult abuses and has registered as a plaintiff, expressed indignation that Scientology "is seeking a delay in a manner that is completely inappropriate and unfair". "For us, Scientology is a business whose main objective is to take the money of its followers," Olivier Morice said outside the court. Considered a religion in the United States, the movement founded in 1954 by American science fiction writer L. Ron Hubbard was classified as a cult in France in a 1995 parliamentary report. Scientology claims 12 million followers worldwide and 45,000 in France.

The defense first tried unsuccessfully to have the trial postponed by three to six months by alleging that a Ministry of Justice circular issued to judges and prosecutors in September regarding "cult abuses" was an attempt to put "pressures" on judges. The court turned down this request.

The Tiberi precedent

Scientology's lawyers denied that they were resorting to "stalling" maneuvers and they next began raising several priority questions of constitutionality that are liable to provoke a delay if they were judged to be serious and submitted to the Court of Cassation. The first point was raised by Gérard Ducrey and alleges a "failure to deliver justice in a reasonable time", given that the facts of the case date back to "September 1997 to October 1999". According to Mr. Ducrey, this point is similar to the one that, in September, resulted in the postponement of the trial of former Paris Mayor Jean Tiberi and his wife Xavière in the case concerning vote-rigging in the 5th arrondissement.

The presiding judge, Claudine Forkel, announced that the court would announce its decision "tomorrow or on Tuesday", once the four questions of constitutionality have been examined. Scientology's lawyers are also disputing the presence of the UNADFI as a plaintiff, a status that was denied at the first trial. The four former Scientology members who, as early as 1998, filed the complaints that opened this case have all withdrawn and the only other remaining plaintiff is the National Council of the Order of Pharmacists.

Several defendants stand accused of "illegal practice of medicine" because of the vitamins that followers must ingest during their "purification cures". In 2009, the Celebrity Centre and its SEL bookstore were fined, respectively, 400,000 and 200,000 euros, but they were able to continue operating. Alain Rosenberg received a suspended sentence of two years in prison and he was fined 30,000 euros. The penalties for the four other Scientologists who filed an appeal range from a 2,000 euro fine to a suspended sentence of 18 months in prison and a 20,000 euro fine. The trial resumes on Friday at 9 A.M.

Sponge · Nov 3, 2011

A wee bit more detail in parts: (edit: just seen mnq1's post above. Thanks).

Scientologie : début du procès en appel
Europe 1 - 3rd Nov 2011
http://www.europe1.fr/France/Scientologie-debut-du-proces-en-appel-799341

Robot Translation:

Scientology: Start of the retrial on appeal

In the first instance, the Church of Scientology had been convicted, but escaped dissolution.

From the first minutes of the hearing, counsel for the Church of Scientology sought the dismissal of the proceedings, citing pressure from justice. A request that the Court has refused to comply.

But more is needed to deter supporters of the two main French organizations of Scientology. In the process, they have filed five priority issues of constitutionality (QPC), a technique that may cause the dismissal of the case if the issues are considered serious and transmitted to the Court of Cassation. Counsel also filed four applications for revocation and three of inadmissibility.

No physical plaintiff

The strategy of Scientology aims to prevent the consideration of this case and to occupy the field. Thursday, she has come through his lawyers and the presence in the room about fifteen Scientologists came to French and foreign observers. Opposite, no plaintiff has made the trip to stand up to them. The latest victim of the practices of Scientology have withdrawn before the appeal hearing.

Scientology is suspected of having taken advantage of the vulnerability of many adherents for extracting large sums of money. It is retried since Thursday and until 1 December for "organized fraud". At trial, she was sentenced to fines of 600,000 euros. Prison sentences suspended from ten months to two years had also been issued against four French officials of Scientology.

DeathHamster · Nov 3, 2011

http://blogs.villagevoice.com/runninscared/2011/11/scientology_win_1.php

The disappearing plaintiffs sounds like Scientology's usual tactics of doing behind-the-scene deals. They used it Spain to get CoS and Heber off the hook.

Anonymous · Nov 3, 2011

France surrenders again. What? To soon?

Sponge · Nov 4, 2011

Appeal Day #2:
4th Nov 2011

From previous reports, a decision is expected today (but could be as late as tuesday) on the remaining issues of "priority issue of constitutionality" (QPC) which the cult filed to try and get the appeal postoned.

The RFI (Radio France Internationale) article coverage yesterday was updated but nothing that hadn't already been covered, except for this little nod to the protesters, after the main article in this link....
http://www.rfi.fr/node/721846

Translation:

The masked activists of Anonymous against Scientology

Taking advantage of the media coverage surrounding the appeal of Scientology activists of Anonymous wrote to 92 French companies to warn against the Eagle Flight France with whom they worked. Specializes in management consulting company, Eagle Flight France, according Anonymous, is notoriously known to be linked to the Church of Scientology.

The letter was sent a week ago to companies as prestigious as Air France, Peugeot, Carrefour, Adidas, EADS, RATP or SNCF. Recalling that Scientology had been convicted at trial for fraud, Anonymous calls companies telling them that "they are on a list of customer references on the site of Eagle's Flight."
"One can wonder about the image that such proximity can give your partner," says Anonymous.

For now, none of the French companies contacted have responded to the letter of Anonymous.

^for info/discussion on that, see these threads....
http://forums.whyweprotest.net/threads/op-red-mail.95589/
http://forums.whyweprotest.net/threads/op-red-mail.95499/

Madam Butterfly · Nov 4, 2011

FlowGold said: ↑

heres a pic of the men that attacked him this fucking time
one of them is an french osa plant (the guy in the top hat)
and the other is the cc manager.

Is the Penguin running for Mayor of Gotham again?

mnql1 · Nov 4, 2011

Translation of a brief report posted on Nov. 4, 2011 on the ouest-france.fr website:
Procès de la Scientologie : décision mardi

Scientology trial: Decision on Tuesday

November 4, 2011

The Paris court of appeal will announce on Tuesday whether the trial of the Paris branch of the Church of Scientology for "organized fraud" will continue, despite the various points of law raised by the defense and which may be liable to put off the hearing.

mnql1 · Nov 4, 2011

Translation of an excerpt from a French article posted on Nov. 4, 2011 on the sudouest.fr website:
La scientologie joue son essor en France à la barre

The six lawyers defending the Scientologists were very much on the offensive yesterday morning. They called for the repeal of the first trial decision because of the erroneous penalties requested by the prosecution. They also demanded that the hearing be postponed, alleging that a recent Justice Ministry circular threatened "the independance of the justice system".

"This interference of the executive in the judicial system is intolerable. The purpose of our request for a postponement is not to cause a delay, but to uphold support for judicial authority," Gérard Ducrey argued on behalf of the Scientologists.

"There you have a perfect example of the Scientologist who pretends to fly to the rescue of the justice system," retorted Olivier Morice.

Presiding judge Claudine Forkel rejected the postponement request on the grounds that the circular, which is not prescriptive, was instead about cultic abuses and not about organized fraud, the issue at the heart of this case.

The defense then raised its first priority question of constitutionality.

The case is fragile. Four of the five complainants who reported that they were defrauded by Scientology had already dropped out at the time of the first trial. The last complainant finally withdrew after she, like the others, accepted financial compensation from Scientology. This does not legally prevent the prosecution from proceeding. However, it appears the battle will be fierce. As the defense asserted, "This is not a trial, this is a fight,"

mnql1 · Nov 4, 2011

Translation of a French article posted on Nov. 4, 2011 on the website of weekly news magazine Le nouvel Observateur:
Scientologie: la défense multiplie les QPC

Scientology's defense multiplying questions of constitutionality

PARIS (AP) New priority questions of constitutionality, in particular concerning the retroactivity of jurisprudence regarding the penal responsibility of legal entities, were raised Friday morning on the second day of the Church of Scientology's appeal trial. The Paris court of appeal will decide these issues on Tuesday at 9 A.M.

Scientology's French branch, the SEL Scientology bookstore, as well as five of the movement's members are being retried until December 1. They stand accused of having exploited the vulnerability of their followers to extract money from them.

Since the opening of the trial on Thursday, Scientology's lawyers have been multiplying their requests to delay the hearing. They first applied for a postponement of three to six months, but this was rejected by the court of appeal. Afterward, at both of the morning hearings, no less than five priority questions of constitutionality were raised.

If the court of appeal agrees to refer one, if not more, of these questions to the Court of Cassation, the hearing will be adjourned sine die during the wait for the decision of the highest judicial authority. The Court of Cassation would have three months to decide whether or not to refer the matter to the Constitutional Council, which would also have three months to arrive at a decision.

The priority questions raised by two of the defense attorneys chiefly concern the concepts of a "reasonable time frame" for ruling on a case and of the penal responsibility of legal entities. "We are here so that the law is applied and not abused, as in the decision" of the first trial in October 2009, said Louis Pamponet, a lawyer representing the bookstore, denying that this was a stalling maneuver.

He accused the judges at the first trial of having "illegally applied the law" by "retroactively applying" the current jurisprudence regarding penal responsibility. According to him, the judges were authorized "to hand out only penalties that legally applied" at the time of an event, in this case between September 1997 and October 1999.

For Alexis Lublin, a lawyer representing another Scientology official who is not associated with this priority question of constitutionality, "The Constitutional Council will at some point have to decide" on the issue of retroactivity of jurisprudence.

After presenting his arguments about the concept of a reasonable time frame on Thursday, the lawyer for a former president of the French branch of Scientology, Gérard Ducrey, objected on Friday to the fact that statutes of limitation may be "indefinitely" suspended. "When time frames are abnormally extended, (...) this is adding a penalty to a penalty," he commented.

At the end of the first trial, the Spiritual Association of the Church of Scientology - Celebrity Centre was fined 400,000 euros and the bookstore was fined 200,000 euros for "organized fraud". Four of the movement's officials received suspended prison sentences of from ten months to two years for the same conviction. Two other members were fined for "complicity in the illegal exercise of pharmacy."

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France: Scientology appeal trial Nov. 3 - Dec. 1, 2011

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