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Subject: Re: Miscavige MUST appear. Process servers alert...
Date: 31 Oct 1995 04:20:37 GMT
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: 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.
ÿ