From braintree!news.sprintlink.net!news.dgsys.com!DGS.dgsys.com!alerma Tue Oct 31 10:52:57

From braintree!news.sprintlink.net!news.dgsys.com!DGS.dgsys.com!alerma Tue Oct 31 10:52:57 1995 Path: braintree!news.sprintlink.net!news.dgsys.com!DGS.dgsys.com!alerma From: alerma@dgsys.com (alerma) Newsgroups: alt.religion.scientology Subject: Re: Miscavige MUST appear. Process servers alert... Date: 31 Oct 1995 04:20:37 GMT Organization: Digital Gateway Systems Lines: 241 Message-ID: <47486l$ct@news.dgsys.com> References: NNTP-Posting-Host: dgs.dgsys.com X-Newsreader: TIN [version 1.2 PL2] : COURT OF INSTRUCTION 21 : MADRID : D / Previas 2663/84 : DECREE OF THE COMMENCEMENT OF ORAL TRIAL : In Madrid on the twelfth of December of nineteen hundred and : ninety four. : PARTICULARS : FIRST. - On January 18th of 1993 the decree resolving : compliance with the procedure enjoined in Chapter II of Title III : of Volume IV of the Law of Criminal Prosecution, the fourth of the : resolutions listed in section V of article 789, and in accordance : with the first paragraph of section 1 of article 790 of the : aforementioned Law, in said resolution it was so disposed to effect : the transfer provided for in said legal precept. : SECOND. - Upon having executed the accorded transfer, the : District Attorney's Office and the accusations represented by the : Procurer Don Evencio Conde de Gregorio and Do$a Remedios Yolanda : Luna Sierra, they have presented, in time and form, legal briefs : soliciting the opening of the oral trial before the Illustrious : Provincial Audience of Madrid and formulating a writ of accusation. : JUDICAL FOUNDATION : FIRST. - Exhibiting, in principle and without prejudgment, the : qualities of the felonies of illicit association, threats, coercion, : usurpation of functions, false accusation, simulation of a felony, illegal : arrest, crimes against the Tax Administration, crimes against freedom and : safety in the workplace, intrusion, crimes against public health, : injuries, damages, abuse, slander and inducement to suicide, the : particulars which have been the object of the present lawsuit and : sufficient incriminating elements having been made manifest from the : actions which have been carried out to attribute these to Heber Jentzch, : Arturo Reguera Ardanza, Maria del Carmen Munoz Rosal, Santiago Vadillo : Aceves, Ma. Victory de Blas Arribas, Enrique Coll Llopis, Valentin : Fernandez-Tubau Rodes, Virgilio Castellanos Saiz, Carlos Aliaga Aznar, : Manuel Ruiz Serrano, Enrique Ayuso Ferrer, Ma. Antonia Navarro Castillo, : Ma. Monserrat Aguilera Martin, Alfonso Marin Rodriguez, Ma. Luis Pere : Aguilar, Ma. Belen Martin Garcia, Jose Manuel Villarejo Perez, Judith : Francos Abancos, Humberto Fontana, Finn Gerald Thomas and Harold Claude : Roussart, - who have been accused, and the commencement of the oral trial : having been requested, it proceeds to decree the commencement of said oral : trial, summoning the accused so that they may defend themselves in the : form legally contemplated, and adopting at the same time the precautionary : measures necessary to insure the outcome of the trial. : SECOND. - Pursuant to article 790,6, fourth paragraph, in relation : with article 14, third and fourth, of the Law of Criminal Prosecution, and : the petitions of the District Attorney's Office and of the private : accusations having been examined, the Illusterous Provincial Audience of : Madrid (Section No.4) must be indicated as the competent agency for the : prosecution and resolution of this lawsuit. : THIRD. - Pursuant to the penalties solicited in said writs of : accusation, as well as the quantity of civil liabilities, it is proper to : adopt the precautionary measures in the terms which will be expressed in : the stipulations section of this resolution. : FOURTH. - Although the commencement of the oral trial has been : solicited, formulating the accusation against a specific person or : persons, the first paragraph of section 6 of article 790 of the Law of : Criminal Prosecution empowers to the Judge of Instruction to decree the : dismissal of the lawsuit when he consider there is concurrence with what : is contemplated in number 2 of article 637 of this Law or that there does : not exist rational indications of criminality against the accused and so : it occurs with respect to the accused by the private accusation : represented by the Procurer Don Evencio Conde de Gregorio, Kurt Weiland, : Per Ake Gardstrom, William Knight and Peter Warren and so from a given : examination of the proceedings which have been practiced it appears that : there does not exist rational indications of criminality against said : accused with respect to the felonies that are imputed by said private : accusation, since at no time, throughout this long delayed proceeding were : their declarations heard in the investigation phase, in quality of : imputed, neither were they informed of the imputation directed against : them, nor of their legally established rights which would assist them and : therefore have not, during the investigation phase, had the possibility of : making whatever allegations that they might have considered appropriate in : their defense in the instruction phase, nor the execution of whatever : procedures which they might have judged relevant towards the same end, : consequently, not having acquired previously the condition of being : charged, and not being recognized such fell accusations in our judicial : ordinance, the participation of these accused persons in the commission of : the crimes which said private accusation imputes to them not ensuing : either from the documental evidence or from the balance of from the formal : actions practiced, whereby, in accordance with what is disposed in article : 641, 2' of the Law of Criminal Prosecution, the provisional abatement of : the lawsuit with respect to the accused Kurt Weiland, Per Ake Gardstrom, : William Knight and Peter Warren. : FIFTH. - Upon stipulating in this decree the rulings enjoined by the : mentioned legal procedures, at the same time it must be specified : according to what has been stipulated about the sequence of the : proceedings in article 791 of the Law of Criminal Prosecution. : In attention to that which has been set forth, : I HEREBY ORDER: : 1ST. - To decree the commencement of the oral trial and to consider : this criminal lawsuit to be founded on the felonies of illicit : association, threats, coercion, usurpation of functions, false accusation, : simulation of a felony, illegal arrest, crimes against the Tax : Administration, crimes against freedom and safety in the workplace, : intrusion, crimes against the public health, injuries, damages, abuse, : slander and inducement to suicide, against HEBER JENTSZCH, ARTURO REGUERA : ARDANZA, MARIA DEL CARMEN MU%OZ ROSAL, SANTIAGO VADILLO ACEVES, MARIA : VICTORY DE BLAS ARRIBAS, ENRIQUE COLL LLOPIS, VALENTIN FERNANDEZ-TUBAU : RODES, VIRGILIO CASTELLANOS SAIZ, CARLOS ALIAGA AZNAR, MANUEL RUIZ : SERRANO, ENRIQUE AYUSO FERRER, MARIA ANTONIA NAVARRO CASTILLO, MARIA : MONSERRAT AGUILERA MARTIN, ALFONSO MARIN RODRIGUEZ, MARIA LUIS PEREZ : AGUILAR, MARIA BELEN MARTIN GARCIA, JOSE MANUEL VILLAREJO PEREZ, JUDITH : FRANCOS ABANCOS, HUMBERTO FONTANA, FINN GERALD THOMAS, and HAROLD CLAUDE : ROUSSART. : 2ND. - The following precautionary measures are hereby ordered. : a). - To decree the provisional release of the accused. : b). - It is decreed, as a civil accountability, the sum of one : hundred sixty million eight hundred forty one thousand two hundred seventy : one pesetas (160.841.271), to guarantee the financial responsibilities : that could be declared pertinent. Require of Heber Jentzch, Arturo Reguera : Ardanza, Maria del Carmen Mu$oz Rosal, Santiago Vadillo Aceves, Maria : Victory de Blas Arribas, Enrique Coll Llopis, Valentin Fernandez-Tubau : Rodes, Virgilio Castellanos Saiz, Carlos Aliaga Aznar, Manuel Ruiz : Serrano, Enrique Ayuso Ferrer, Maria Antonia Castillo, Maria Monserrat : Aguilera Martin, Alfonso Marin Rodriguez, Maria Luis Perez Aguilar, Maria : Belen Martin Garcia, Jose Manuel Villarejo Perez, Judith Francos Abancos, : Humberto Fontana, Finn Gerald Thomas, and Harold Claude Roussart so that : within the period of one audience and in solidarity they present this : amount, with the admonition of the fact that if they do not deliver it : within the stipulated period, that the court will proceed to seize assets : of their property in sufficient proportion to cover it. Compose a separate : legal action of civil responsibility with the documentation of it : concerning this specific. : The Illustrious Provincial Audience of Madrid (fourth section) is : appointed as the judicially competent agency for the hearing and the : verdict of the present lawsuit. : Subpoena the accused with delivery of the copies of the writs of : accusation so that in the period of three days they may appoint Attorney : and Procurer to defend and represent them; and if this is not done, name : them at the state's expense and once satisfied this action, transfer to : them a copy of the proceedings in photocopy so that within the period of : 60 days they may present their writs of defense in opposition to the : formulated accusations. : 3rd. - To deny the opening of oral trial solicited by the private : accusation represented by the Procurer Sr. Conde de Gregorio against Kurt : Weiland, Per Ake Gardstrom, William Knight and Peter Warren and decree : with respect to the same the provisional abatement of the present lawsuit. : There is no appeal permitted in opposition to the section of the : decree of commencement of the oral trial, except in what is related to the : personal situation of the accused. An appellate recourse in opposition to : the section of the decree which denies the opening of the oral trial may : be formulated within the period of five days. : Thusly do I decree and sign D& Maria Paz Redondo Gil, : Magistrate Judge of the Tribunal of Instruction 21 of Madrid.