Scientology
Legal Decision
Minton wins -
[Editorial follows]
Berlin, Germany
Subject: Minton vs. Weber etc
Despite being sick I dragged myself off to the state court to
see the trial hearing in matters of Minton vs. Weber, etc. and
it was a good show, I'm glad I took the day off :)
Attending were another Scientology critic, Scientology
Germany President Helmuth Bloehbaum, Scientology Berlin
President Ute Koch (she holds other offices too), Attorney
Bluemel, a guy who probably is a Scientologist but whose
name I don't know, and a well-dressed woman. I suppose
she was either a journalist or on staff with Minton's lawyer,
Johannes Eisenberg, because she stayed for the next hearing
but did not sit next to Eisenberg.
In the court sat the transcriptionist, the judicial trio (a
gray-haired chairman who listened patiently to everything and
two assessors, one of whom was very, very young). Sitting
back were two more, younger people, I suppose they were
law students. I stupidly did not note the name of the chairman,
I think it was "Glogovski" or something.
Then things got started ...
The Court:
A "foreign security" was done, that is a security form when
certain non-EU countries go to court. If I understood
correctly, then that was already done.
Bluemel:
request to adjourn, only received the last memorandum March 20
difficult case
difference of opinion with the Hamburg state attorney's office
The Parliament matter (namely where the Nigerian Parliament
determined that everything was upright) would have to be researched
a limit on memos would also suffice, so that he would not
have to travel to Berlin again.
Eisenberg:
Scientology made the charges themselves
then reported on their own proceedings
You weren't supposed to spread libel first and then do your homework
[I had to chuckle here!]
he said the case was ready for a decision
government documents showed that the campaign against
Minton was running like a chess game according to LRH policy
Scientology should not get records access.
Bluemel:
Need records access because there are state proceedings
against Caberta to clear her of the bribery.
he hoped to find the connection to the flow of money.
He wanted to know when the money flowed in order to build
a connection.
Court:
- considering whether there would be a limit on memoranda
- no indications that Minton was involved in juggling accounts
- Minton reduced Nigeria's debt
- Minton was not skimming money
- Scientology was not a "citizen's initiative." It was said no
intelligence agency was obvious, but there was more behind it
than met the eye. It was said to be a large organization with
many possible options. That would include having to listen to
opponents. Would have to get acquainted with the report of
the investigative committee.
Eisenberg:
There was no connection to dictator Abacha, since Minton's
activities ended in February 1993.
Minton had not just gone and sold the debts to someone who
was sitting there waiting for him. There was actually a market,
you had to get the rates from Reuters.
Scientology's campaign was perverse and poisoned the environment.
Bluemel:
He said the charge was not perverse. [The p-word made him angry.]
He said the thing with Caberta stunk to high heaven
He said Caberta hung like a puppet from Minton.
He said it had to do with her job because she supposedly said
in the USA that it was all about Scientology.
He said the debts did not include a parity clause. He said
individual creditors asked whether Minton worked for
Nigeria, which he contested, therefore = fraud.
Mr. Raschid said everything was honest because he was in
the middle of everything.
He gave a charge of the Nigerian state against Minton. To
that Eisenberg said that nobody had ever seen the original,
just this translation.
Bluemel said he was sure that Greenland (company) also was
funneling money out of the country.
Scientology had the right to respond and payback was heck,
or similar German idiomatic equivalent. With no obligation to
research first.
Eisenberg:
He didn't mean the charge was "perverse," but that the entire
campaign was.
He said this was not a matter of responding to an attack. For
instance Minton had not expressed himself in Zehlendorf and
OSA-FREIHEIT was distributed there.
He said the accusations were not factual, just derogatory and abusive.
Only suspicion of accepting favors, not bribery, nevertheless
the word "bribery" was written time and time again. [Bluemel
was also using that word!]
Bluemel should give better advice to his client. Bluemel angrily
rejected that notion.
Bluemel:
He said it was not his mission to prove that Minton had
bribed anybody and it was not a smear tactic.
He said there were 100 articles against Minton and only three
of those supported Minton's standpoint.
Bluemel also mentioned two more things at one time or another:
- Dreksler was said to have been ruined by suspicion and
never reinstated [not true!] and people just let Minton do
whatever he wanted
- In Munich garbage men were fired for accepting 25 DM
and some of these had been confirmed by the Labor Court
The court said it would decide in the course of the day
whether there would be additional court memoranda
submitted. That was it, people left. The next case was waiting
outside, Stroebele vs. Springer Verlag, Stroebele's attorney:
Eisenberg :-) Unfortunately Stroebele was not there.
Tilman
I forgot one important point. Minton's attorney mentioned that
Scientology's attorney had called the Hamburg state attorney
to tell him when Minton was coming to Hamburg, and asked
them to please arrest him. He mentioned that obviously
Minton had been under surveillance by scientology.
Scientology's attorney later admitted the call, and claimed that
there was a double standard in the treatment of scientologists
and scientology critics, and used the Dreksler case as
example. He did not elaborate on the surveillance of Minton.
Tilman Hausherr [SP5.55] Entheta * Enturbulation * Entertainment
http://home.snafu.de/tilman/scientology_ger.html
photos from Clearwater:
http://www.geocities.com/Athens/Oracle/4497/clearwater2000
---
Editorial from Joe Cisar
Several years ago, Scientology had to pay the largest amount
ever awarded in a libel case in Canada. Last year,
Scientology's attorney had to apologize to Bonnie Woods for
Scientology's libel. This year Scientology has lost to Bob
Minton in another libel case.
These are not cases of individuals behaving in an anti-social
manner who happen to be Scientologists. These are
Scientologists who are actively practicing Scientology.
Scientology seems to be establishing a pattern for itself of
spreading malicious, untrue information. People who trust an
organization which behaves this way, then acts in bad faith
about it, are not living up to their abilities.
---
Unofficial translation/critical interpretation of German media, For
non-commercial use only. Recent events - http://cisar.org/trnmenu.htm
Informational publications http://members.tripod.com/German_Scn_News
Thousands of articles sorted by date http://cisar.org/sortdate.htm
On Thu, 29 Mar 2001 09:11:33 +0200, ©Anti-Cult® -
www.users.wineasy.se/noname/ <The.Galactic.Federation@ThePentagon.com>
wrote in
<k0o5ctsroqn8tls2noh3l9kil48eh8tafp@ARSCC.Sweden.Dep.OSA.Surveillance>:
>On Thu, 29 Mar 2001 09:02:03 +0200.
No that is the "value" of the litigation, which influences the legal
costs (the cost that scientology has to pay for itself and Minton, if it
doesn't appeal, is IMO about DM 17000). In Germany, costs of litigation
are based on the amount in dispute (there are tables to look up). If you
sue someone because he cheated you for a certain amount, then this
amount is the value of that litigation. In libel cases, the value is
estimated by the plaintiff attorney, and then later decided by the
court. DM 100000 pretty usual for high-profile libel cases. In my case
last year, the scientology attorney set the amount to DM 30000, but in
the lawsuit the court lowered it to DM 8000.
These DM 100000 are also the amount of a deposit that Minton has to make
to the court if he wants to enforce the judgement immediately.
Minton has apparently not sued for damages, only for a permanent
restraining order forbidding them to repeat certain libellous
allegations. The judgement says that if they do repeat these
allegations, they either have to pay up to DM 500000 or face jail up to
six months. But as I said above the judgement is cannot be enforced yet.
I wonder if there will be an appeal. The Blümel lawfirm is from Bavaria
so they are not licensed to argue at the Berlin appeals court. So
scientology will have to find another lawfirm. And that could be tricky
because scientology's bad reputation.
Tilman
From: German_Scn_News <german_scn_news@hotmail.com>
Subject: Bob wins, Scientology Loses.
Date: Wed, 28 Mar 2001 17:14:18 -0500
Message-ID: <Pine.LNX.3.96.1010328171102.116A-100000@darkstar.zippy>
Scientology Loses
March 27, 2001
on-the-spot account
Date: Tue, 27 Mar 2001
From: Tilman Hausherr <tilman@berlin.snafu.de>
Subject: Re: Urteil Minton ./. Weber - Urteilstiff.tif
Date: Thu, 29 Mar 2001 16:09:10 +0200
Organization: Xenu's Ranch
Message-ID: <neg6ctskdue1r71cocp5k74oqck5boqj7u@4ax.com>
>In Message-ID: <u9n5ctc56jkqpgiovnepltj7h4t4jpbq2j@4ax.com>
>From: Tilman Hausherr <tilman@berlin.snafu.de>.
>Organization: Xenu's Ranch.
>Wrote on the subject: Urteil Minton ./. Weber - Urteilstiff.tif:
>
>The only thing I understood was the 100.000 DM's. Is that the sum the
>mafia cult has to pay to Minton?