5th : K.D. Long
Plaintiff
Sworn on 8th October 1987

 

1987 C No. 6140

IN THE HIGH COURT OF JUSTICE   

CHANCERY DIVISION

B E T W E E N :

CHURCH OF SCIENTOLOGY OF CALIFORNIA

Plaintiff

-and-

(1) RUSSELL MILLER
(2) PENGUIN BOOKS LIMITED

Defendants

A F F I D A V I T

I, KENNETH DAVID LONG of 1301 North Catalina, Los Angeles,

California 90027, United States, an Executive employed in

the Legal Division of the Church of Scientology of

California, MAKE OATH and say as follows:-

1. This affidavit is supplemental to my previous

affidavits filed with this Court.

2. I have read Jonathan Caven-Atack's Third Affidavit

and Mr Miller's supplemental affidavit filed with this Court

yesterday, October 7, 1987.

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3. Mr Caven-Atack conveniently changes his testimony of

his previous affidavits and now states that he received

copies of the documents from a Brenda Yates who had been

given the task of making photocopies of documents in

possession of Mr Armstrong's lawyer.

4. Mr Miller in his supplemental affidavit now claims,

at this late hour, that he "misunderstood" how Mr

Caven-Atack obtained copies of the documents. These

inconsistent and last minute changes are simply an attempt

to create confusion and doubt with this Court.

5. Mr Caven-Atack and Mr Miller's latest affidavits

lack, as did their previous affidavits, specific facts.

They still fail to identify which documents were obtained

from Mrs Yates. Also, they still remain silent regarding

how they obtained the documents that remained sealed during

the entire course of the Armstrong trial and were never made

exhibits.

6. I have read the affidavit of Earle C. Cooley dated

October 8, 1987. In regard to paragraph 4 of this

affidavit, I can say, based on my being in Court every day

of the Armstrong trial, that none of these documents in

question in this case were publicly available during the

course of the trial. There were over 100 exhibits that were

publicly available and not subject to any sealing order but

none of these documents are included in this case and none

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of them were LRH archive documents. The truth is that the

documents in question were sealed throughout the entire

Armstrong trial and remain sealed to this day.

7. Produced and shown before me now is exhibit "KDL 36"

a true and correct copy of the affidavit of Gerald Armstrong

of March 7, 1986. Mr Armstrong himself testified the

following: "CSC (Church of Scientology California) sued me

in August 1982 in the Los Angeles Superior Court and the

documents I had sent my attorneys were ordered to be

delivered to the Court where they were put under seal. Mary

Sue Hubbard entered the case, hereinafter referred to as

(Armstrong), as Plaintiff in Intervention in late 1982. The

case went into trial in 1984 and several of the sealed

documents were admitted into evidence as defense exhibits

500A-500JJJJJJJ. A Judgment was entered in my favour. The

exhibits and other biography documents remain under seal

pending the outcome of an appeal taken by plaintiff."

The appeal referred to by Mr Armstrong is still pending in

California.

8. During the course of the Armstrong trial and up until

this day the Armstrong documents have been effectively under

seal and protected by various Court Orders in the United

States. Mr Flynn was permitted by the trial Court to use

the documents only for the purpose of the Armstrong case and

only during the pendancy of those proceedings. The trial

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court, in a 23 April 1984 hearing, specifically stated how

these documents were to be treated:

"MR LITT: (Church attorney) We would also like --

Mr Flynn has not had access to these documents, assuming

that the Court is now allowing him to go into them, we also

would like an order that requires that he has seen these

materials under seal. He may not disclose the materials or

the contents of the materials for any purpose outside of the

use in this proceeding. That is the order that exists

presently with respect to Counsel.

"THE COURT: I don't have any problem with that, at

least until the Court decides what to do with these

exhibits."

"MR FLYNN: I essentially have no quarrel with that."

 

The Court also stated:

"THE COURT: Well, I will accept the representation

by Mr Flynn that he is not going to do anything of an

untoward (sic) nature that would violate the theory and the

principles of what we are trying to deal with here. He is

subject to the protective order.

"... and he is not to -- during the pendency of these

proceedings until further order discuss or disseminate to

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other people, other than people like his client or in Court

here, matters contained in the sealed records which were not

in the public domain before Mr Armstrong first went to Mr

Flynn or Miss Dragojevic, her firm."

9. Produced and shown before me now is exhibit "KDL 37",

a July 31, 1986 declaration of Mr Michael Flynn filed in

another Church case. In the case, Mr Flynn was being

accused of giving out Armstrong documents to a media outlet.

Mr Flynn stated:

"In this case, of course, when we do not possess the

(Armstrong Documents) it would be impossible for us to sell

sealed documents to (Der Spiegal)."

10. Produced and shown before me now is exhibit "KDL 38",

a true and correct copy of portions of deposition transcript

of a Mr Homer Shomer, taken on 23 April 1985. Ms Julia

Dargojevic, who was also trial Counsel for Mr Armstrong and

who worked closely with Mr Flynn, stated:

"MS. DRAGOJEVIC: Okay. The other thing I wanted to

say is that simply by turning over these documents doesn't

mean we're limiting ourselves because we consider that a

number of documents which were used in the Armstrong case

would be applicable to this Request for Production.

Unfortunately, those documents are under seal for the

present, and there's nothing I can do about producing them."

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11. As has been clearly shown by the facts above, Mr

Armstrong and Mr Flynn testified that they have complied

with the Court Orders sealing the documents in question. If

Mrs Yates got the documents from Mr Flynn as Mr Miller

testifies she did, or from anyone else, she did so in

violation of Court Orders and also in Breach of Confidence.

12. Obviously, if Mrs Yates would have legally had the

Armstrong documents in her possession, she would have

distributed them the same way she distributed the trial

transcripts. In Mr Miller's affidavit, he states that Mrs

Yates was to "copy and immediately" distribute the documents

obtained from Mr Flynn. As is shown by the facts below, Mrs

Yates only distributed the trial transcripts.

13. Produced and shown before me now is exhibit "KDL 39"

which is a true copy of several pages from a July/August

1984 publication entitled "The Journal of the Advanced

Ability Center." Contained in the classified section of

this publication is an advertisement from Brenda Yates

offering for sale copies of the Armstrong Trial Transcripts.

Nowhere in the ad does Mrs Yates offer the Armstrong

documents which would obviously be of more interest to

potential buyers than just the trial transcript.

14. Produced and shown before me now is exhibit "KDL 40"

a true copy of the January/February 1985 edition of "The

Journal of the Advanced Ability Center." Mrs Yate's ad

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appears again in the classified section. As the Court can

see there is no mention of any Armstrong documents for sale.

15. After reviewing all the facts put forth by the

Plaintiff and after reading the inconsistent affidavits of

Mr Miller and Mr Atack, there is no doubt that the documents

in question in the suit were improperly obtained in

violation of Court Orders and in Breach of Confidence.

The Church does not want to prevent the publication of Mr

Miller's book, we just want the parts of the book taken from

the documents in question removed and our copyright rights

in the photographs protected.

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