6 A Yes.
7 Q And Mr. Dandar showed you Plaintiff's Exhibit 8 8 and Plaintiff's Exhibit 9; Plaintiff's Exhibit 8 being 9 penalties for lower conditions, and Plaintiff's Exhibit 9 10 being the cancelation of fair game.
11 Do you remember that?
12 A Yes.
13 Q Now, fair game -- the cancelation of fair game was 14 something issued by Mr. Hubbard, right?
15 A Written by him, yes.
16 Q Right. He canceled it?
17 A No. He canceled the use of the words. He -- he 18 specifically said the policies stay in place. We just don't 19 use the words anymore.
20 Q Do you remember that this became an issue in 21 litigation -- this is before you left the Church -- that 22 fair game is something -- this policy that had been created 23 in the '60s, canceled -- cancelation was 1968, that it had 24 become an issue that was used against the Church of 25 Scientology, right?
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1 A Which part? I lost your question.
2 Q Fair game, the concept, it was being used against 3 the Church by opponents of the Church?
4 A No. The first time it was being used was in the 5 early '60s in the Australian inquiry in the state of 6 Victoria. That was one of the primary things that the state 7 of Victoria came out with when they were writing the reports 8 about Scientology. And that is actually the history of why 9 that issue came out was because, as Hubbard says, it causes 10 bad PR.
11 Q And do you remember that Mr. Hubbard, on 12 March 22nd of 1976, actually executed an affidavit 13 explaining fair game and explaining the reasons why he 14 canceled fair game, and affirming that, in fact, fair game 15 had been canceled and wasn't to be used? Do you remember 16 that?
17 A Right. And I point out to you that affidavit is 18 not policy of the Church. That was never given out to any 19 of the people of the Church of Scientology.
20 Q You didn't write that affidavit, did you?
21 A No.
22 MR. WEINBERG: I marked as 206, your Honor -- 23 BY MR. WEINBERG:
24 Q Do you -- do you recognize Defendant's 206 to be 25 an affidavit of L. Ron Hubbard, and a copy -- a copy of a
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1 real affidavit of L. Ron Hubbard dated March 22, 1976, 2 explaining fair game and cancelation of it?
3 A This appears to be, yes.
4 Q This is true, isn't it? This is Mr. Hubbard 5 speaking and explaining exactly what fair game was and 6 exactly what the cancelation was, correct?
7 A This is not policy and was never given to anybody 8 in the Church of Scientology. Therefore, this has no 9 standing with regard to Scientology. He may have given it 10 to a court but it has absolutely no standing within 11 Scientology.
12 Q Well, let me show you what I marked as -- 13 MR. WEINBERG: By the way, I offer 206 into 14 evidence as Mr. Hubbard's affidavit of March of 15 1976.
16 THE COURT: Any objection?
17 MR. DANDAR: It's not authenticated as official 18 Church policy. It is total hearsay. It is not 19 authenticated. We object.
20 THE COURT: That is true.
21 MR. WEINBERG: So he can -- so Mr. Dandar has 22 stood here and put in policy after policy and 23 writing after writing -- 24 THE COURT: Well, it is policy.
25 MR. WEINBERG: And so this is -- this is an
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1 affidavit by L. Ron Hubbard who no longer is alive 2 where he -- where he addresses the issue that 3 Mr. Young has been waxing eloquent with regard to 4 suggesting that when Mr. Hubbard canceled it he 5 didn't really cancel it and he submits an affidavit 6 on it?
7 THE COURT: I mean, I'm going to let it in.
8 But from everything I have seen and everything I 9 know about this case, this witness is absolutely 10 correct in what he just said.
11 This affidavit may have been submitted in a 12 court -- I have no idea where it was submitted -- 13 but if it isn't policy of the Church of Scientology, 14 it isn't policy.
15 The policy is what is fair game and what is 16 fair game cancelation.
17 MR. WEINBERG: Right, except he did 18 authenticate the affidavit. He recognized the 19 affidavit. I'm not offering it as policy. I'm 20 offering it as evidence in this case.
21 MR. DANDAR: He said -- 22 THE WITNESS: It doesn't change the policy.
23 THE COURT: I'm going to let it in for whatever 24 it is you want to argue about it. I am telling you 25 that an affidavit, I would suggest, is not policy of
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1 the Church. Maybe it is. I mean, I don't know.
2 But nothing has been admitted yet to tell me 3 this would have any basis on which to determine what 4 is a policy of the Church of Scientology.
--
Tilman Hausherr [KoX, SP5.55] Entheta * Enturbulation * Entertainment
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