Slandering in Switzerland

Two scientologists condemned for slandering in Switzerland
Date: Wed, 18 Feb 1998

Journal de Geneve 17/02/98 (Fa.M)

Two scientologists condemned for slandering.

Two members of the Church of scientology were found guilty of slandering François Lavergnat and his association, the Grouping for the protection of the family and individual (GPFI). The interested parties, who had accused in detail the plaintiff of being a dangerous character molesting his family and having taken part in crimes, were sentenced to one month of delayed jail and fines of 3000 and 5000 francs [$2000 and $3300].

The defendants, sentenced with fines by the General Attorney, had appealed in the Police court. They shouldn't have. The judges qualified their remarks of clearly damageable to the honor. The possibility for them to bring proof of these allegations was refused and their sentence was raised.

For their defense, the scientologists had affirmed to have said only the truth, in a concern of informing the public on the real personality of their opponent. The Court had a different opinion.

Will to harm

The judgement underlines the will to harm of the defendants, who had no other reason than the will to get rid of an opponent who disturbs them. The allegations, which mainly concerned the private life of the plaintiff, are a "get-even scheme" applied to an anticult activist. "The right to defend oneself has a limit which the defendants trespassed with their remarks", adds the court, refusing to grant them the possibility to prove their allegations or to show their good faith. A proof which, if authorized and brought, may lead a defendant to be exempted of any guilt.

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Tribune de Geneve 17/02/98 (V Duby)

Scientology sanctioned by the Court.
The judges sentenced two members to jail.

B. and P., scientologists, must regret to have appealed a summary judgment of the General Attorney, Bernard Bertossa, from last April. Condemned for slandering to a 17.500 francs fine [typo?] for attacking the honor of François Lavergnat, president of the Grouping for the protection of the family and individual (GPFI), the two men were found guilty today and sentenced to one month of delayed jail. Total of the fine for the two scientologists: 8000 francs.

A "swindler" and "a smuggler".

In the Police court (TP), last 5 February, the disciples of Ron Hubbard had affirmed they could prove their charges. Namely that the president of the GPFI was "a sower of trouble, a swindler and an ammunition smuggler". Worse, scientologist newspapers wrote that François Lavergnat had threatened children with a revolver.

In its judgement, the court notes that B. and P. acted "with conscience and will", particulary by distributing pamphlets containing information damaging the honor of François Lavergnat. For the TP, it is clear from the file that "the goal of the defendants was rather to put out of the way an individual and an association which disturbs them, either on a purely personal basis, or in relation with the activities of their own association". Extremely rare fact, the Court moreover did not authorize the scientologists, "who acted without a sufficient reason" to give proofs of the allegations.

Appeal ?

Will the scientologists appeal this decision? "Nothing was decided for the moment", answers B, who recalls that the only purpose for him and P. was in fact "to inform". "We are shocked by this judgement, which shows that we did not succeed in making our point understood", deplores B.