Subject: NEWS: High Court orders release of woman's "counselling notes" May 1, 1999
http://www.ireland.com/newspaper/ireland/1999/0501/courts4.htm
Businesswoman suing
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A 33-year-old Dublin businesswoman who is suing the Church of
Scientology for damages because she claims she was "brainwashed"
yesterday in the High Court won her application to see her
"counselling notes."
The church's claim to be entitled to "sacerdotal privilege" in
relation to the notes was rejected by Mr Justice Geoghegan.
Ms Mary Johnston, who operates a sports equipment shop at Westwood,
Foxrock, Co Dublin, said she needed the documents to prepare for her
action for damages against the church and three named persons, Mr John
Keane, described as "mission holder", Mr Tom Cunningham and Mr Gerard
Ryan, described as church members.
In her statement of claim Ms Johnston, a former interprovincial squash
player, alleged that while undergoing "treatment" offered by the
church she suffered increasingly with a "disassociative stress
reaction", became intolerant and rejected family and friends.
She claimed she suffered a distinct personality change, would often
adopt a fixed stare and simulated smile while switching off her
feelings. She became increasingly confused, and her general health
suffered.
She alleged she was pressurised into subscribing for "a purification
rundown and training routeing".
The church and the three named members denied Ms Johnston's claims. It
made a claim of "sacerdotal privilege" in relation to a "counselling"
folder sought by her.
Mr Justice Geoghegan, in a reserved judgment, held that as Ms Johnston
had waived any privilege alleged to exist in relation to her
counselling notes he could not uphold the plea by the church of
sacerdotal privilege.
The judge said the counselling notes arose in the main from a socalled
"spiritual practice" of scientology known as "auditing" and "training"
which the church claimed was on a one-to-one basis.
A comparison was drawn between the relationship that existed in other
religions between minister and parishioner and auditing. It was also
claimed that for an auditor to disclose any of the communications he
had had with the other person, even if that person was waiving
privilege, would render him liable to damnation.
This was analogous to the claims made by the Roman Catholic Church in
relation to a priest breaking the seal of confession. Mr Justice
Geoghegan said he did not accept that the church could rely on an
alleged analogy with the seal of confession.
The church had not produced any evidence that it was part of its
doctrines that any disclosure of what transpired in auditing led to
some kind of eternal punishment.
Furthermore, the question as to whether the Church of Scientology was
a religion or not remained controversial throughout the world.
Mr Justice Geoghegan said he accepted there could be situations where
a privilege might arise in relation to counselling by a priest or
minister, but any such privilege might always be waived by the person
being counselled.
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From: Wog_World@geocities.com (justWog)
Date: Sat, 01 May 1999 17:13:43 GMT
church wins application
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