Kathy Smith, a former Scientologist and agent for the Guardian's Office, an inner council of the church, testifies in court that she lied to get a job with Ontario Provincial Police because the Church of Scientology wanted her to steal secret documents for them.
Testifying under a grant of immunity, Smith says she smuggled hundreds of files out of the OPP during her employment — enough to make a stack 15 feet tall.
Smith is a witness in the trial of the Church of Scientology of Toronto Inc. and five Scientology members on charges of criminal breach of trust. The Guardian's Office which she worked for was run by Mary Sue Hubbard, the third wife of the late founder of Scientology L. Ron Hubbard.
Kathy Smith says:
"I would take files I thought would be of interest to the church. I would put them in a straw bag I carried in the summer and give them to my case officer, who would go off and then return them within an hour.
Other times I would photocopy the documents and hand them over (to the church)."
Defense lawyer Clayton Ruby insists that the Church of Scientology cannot be charged with a crime because it is a corporation and, what's more, didn't know what the Guardian Office was doing. L. Ron Hubbard personally created the Guardian's Office and put his wife in charge.
Crown Attorney James Stewart responds to this defense by saying:
"The Guardian Office's responsibility was to safeguard the church's reputation, to protect its image, and in that respect, it [the Church of Scientology] knew very well what the Guardian's activities were.
The two organizations worked very close together, and so the church cannot claim it was unaware of the Guardian's activities.
In this trial, we have not attacked the precepts of Scientology as a religion. But clearly the Guardian Office was over zealous, even messianic, in trying to protect the church's image. And it did so to the detriment of the community.
Religion cannot be used a cloak to shield the corporation from being accountable here in court."
At the end of June, the jury will find the Church of Scientology of Toronto guilty on two counts and not guilty on three counts. Three of the five Scientology members will be found guilty and two will be acquitted.