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Loophole could save Scientology
Fraud prosecutors want French branch of the sect dissolved but clause in law passed in May prevents this
A NEW law has been “discovered” that means that whatever the outcome of France’s Scientology trial, the French branch of the group cannot be dissolved.
French Scientology – considered to be a cult by the government – has been on trial, accused of swindling people out of money in an organised gang.
A judgement is expected next month and prosecutors are demanding that the organisation be dissolved.
However it has come to light that the Simplification and Clarification of the Law act, which the government passed just before the trial started in May, has a clause in it which means courts can no longer dissolve associations found guilty of fraud.
The clause was not subject to any parliamentary debate and appears to have gone unnoticed.
The lawyer for the prosecution, Olivier Morice, has accused the government of trying to protect the group.
“At present the justice minister can give no explanation. That means someone in the government came up with a text that was totally stupid and it was voted through at top speed so as to protect the Scientologists,” said Mr Morice, who is demanding an enquiry.
Justice Minister Michèle Alliot-Marie has said she will take the first opportunity to bring back the power to dissolve associations. However when a law is toughened it is not retrospective, so any change would not be in time to affect this trial.
Despite the legal change, the courts still have power to tell the Scientologists to cease activities in France even if they cannot dissolve the legal entity of their organisation.