I, Andre Tabayoyon, declare as follows:

1. I am over the age of 18 years.

2. I was retained as an expert consultant and expert witness by Dr. Geertz's counsel in the case captioned Church of Scientology International v. Steven Fishman and Uwe Geertz, No. CV 91-6426-HLH (Tx) which at one time was pending in the United States District Court, Central district of California. The statements herein are of my own personal knowledge or reasonably based on information and belief, and if called upon as a witness, I can testify competently thereto.

3. During May, 1994 I received a phone call and was talked to by a male who offered me a $25,000 cashier's check if I would write up the differences between the article and my declaration and give them to him and he would give me a place, a date and who to contact if I had agreed to do that on the phone with him. I did not agree to do that.

4. The next relevant phone call I received was from a girl by the name of Shirley and her phone number I gave to Graham E. Berry, Esq. I don't have it with me, and I took the message on that phone call and I did not return the phone call. Apparently when the number was dialed it was for a girl by the name of Shirley Young in the OSA Office of the Church of Scientology in Los Angeles.

5. I also had a meeting with a person by the name of Rick Aznaran who I have known since I was in the Sea Organization in 1981. We were on the RPF together. He called me several times

1

prior to me speaking to him and on the night of either the 15th or the 16th of May, I talked to him and he told me he was going to go to Los Angeles on some business with a client. I said that was fine and I agreed that I would meet with him if he would call me and let me know he was coming. On the 24th of May, I got a call at my work that Mr. Aznaran had shown up at my house. Because Richard Aznaran showed up at my house I was forced into meeting with him which I was trying not to do at first. I had to finish my shift. I got off work around 7. Then I went to a place called the Lexington Executive Suites on Country Club Blvd. in Mesa, Arizona. We met in Room 118 and Mr. Aznaran and I talked for a few minutes in the room. Then we went to dinner at a place called the Black Angus on the corner of Alma School and Southern in Mesa, Arizona. He got right to the point. He wanted to know what I was going to do with my life and whether I actually believed Graham Berry and Associates would actually pay me any money for the declarations that I had given them. He said that my declaration was faulty and it had a lot of things that were not true because he knew they were not true. I asked him to be more specific. He said that had not built the ship. In fact, I did build the ship because we had to rebuild the whole thing.

6. However, Mr. Aznaran told me that the Scientologists have a plan to disbar Graham Berry by having me and the others withdraw our declarations, or somehow void our declarations, thereby exposing Mr. Berry to whatever charges might be invented by them. Mr. Aznaran then said that he was a possibility that he would settle his case with Scientology very soon. He said he was negotiating with them even though they were going to give him a

2

lot less than what he wanted. He said that was definitely going to settle his case with them. He said that the 8-day examination that my wife and I did with Vaughn and Stacy was a totally bogus cycle of action. He said you have to have a lawyer take the examination under oath. He said that Kendrick Moxon was doing a perjury investigation or leading a perjury investigation with regard to the declarations that were submitted by Graham Berry.

7. Later on I told him that we were going to be paid, I was going to paid $17,000 for my time in preparing the declaration and Rick said that I was dreaming if I thought that the insurance company was going to pay me that much money for a declaration that had so many errors in it. He also offered me a job working for him, or working in the Dallas area, to go see a friend named Chris Burn who has a farm out there and we talked about that for a little bit and about lots of possibility of work that I could do and he said that he would help me out, that he and I would do a construction business. He also said that he could get me a letter from Scientology stating that I was actually a good construction worker. Rick said he could get me in touch with some one inside who would back this up.

8. Mr. Aznaran also said that Graham Berry was a liar, a cheat, a fraud and said things that he was going to do, and that he wouldn't do. While working with Graham Berry I had found him to be a very honorable person, who kept his word and does not lie or led people to believe things that are not true. All the things that Mr. Berry ever told me on which I have followed up proved to be true. As soon as Mr. Aznaran began talking about Mr. Berry in this derogatory manner, I realized that he must be working for the

3

Scientology Organization because the first time I heard those defamatory statements about Mr. Berry, it was from Scientology. Richard Aznaran who while I was doing my declaration had good things to say about Mr. Berry, now had bad things to say about Mr. Berry. Mr. Aznaran changed his attitude about Mr. Berry suddenly. He said that Mr. Berry was like all the other lawyers, including the Scientology lawyers. He said that they were only interested in making money. I found it very alarming during this confrontational visit to see who Rick really was. He had done a complete about face in less than a month. Mr. Aznaran had nothing but good things to say about Mr. Berry and then suddenly he was making these accusations and defamatory statements about Mr. Berry. The only thing I could surmise as to why Mr. Aznaran had this unbelievable change of heart was that he was talked to by Bowles & Moxon or Michael Rinder or Mike Sutter or all the above. In the past these people were very close friends with whom Rick Aznaran and Vicky Aznaran has worked as investigators even while in Scientology. He was the head of the security for several years while he was inside Scientology and he was part of the inside circle of the main body of Scientology people.

9. The next day there I had another visit with Rick at his apartment and we went to breakfast at the Village Inn, close to where he was staying at Room 118 at the Lexington Suite Apartments. After the breakfast we went back to his room, he handed me a copy of my declaration that I had written. He handed me a pen and wanted me to start marking the parts that were false in that declaration. I refused to do that stating that I did not want to do this because I had seen my declaration which had

4

typographical errors here and there. However, it hadn't been sent to me. So I wanted to take some time and read it and then I would go over and see if there was anything wrong with it. Since that time I had gone through my declaration again today, June 3, 1994 and with the exceptions of a few typos, I stand on what I said in that declaration, totally and completely and am willing to be put before a court and testify to them as competently as possible. It is my opinion, based on my 20 years in Scientology, and knowing that type of covert operations that are being run currently, that there is a conspiracy to fabricate evidence in an attempt to discredit or disbar Mr. Berry from the law practice here in California and in other places where he has practiced law. Also, it is my opinion that there is a conspiracy to get Graham Berry separated from his current partners and associates and there is also information which I received that Richard Aznaran has a person who knows Graham who is feeding Richard information about Graham on covert basis and this information I got from the person who took the phone call could substantiate with a declaration as well. So that ended the Saturday or next day, meeting. Rick had to go back to Texas and I had to go to work. At that point everything was fine. We had agreed to send letters to Graham pulling our declarations so I went to work and Richard went to Texas.

10. I hadn't heard from him in a couple of days after that. I called up Larry Wollersheim after that to check something with him regarding the payment from AIG and Larry had talked to AIG and they had confirmed that they were sending a partial payment to Lewis D'Amato and the checks were being made. Hearing that

5

information immediately made me feel that there was something wrong with the things that Rick said. So I decided to call Mr. Berry to tell him what was going on. I called him and told him the events of the two meetings, the first in the evening, when we went to dinner at Black Angus and the second which was a breakfast at Village Inn where he was staying at the Lexington Executive Suites in Mesa on Country Club Blvd. Whilst there Mr. Aznaran received a fax from his wife Vicki, a copy of which I sent to Graham, outlining the type of letter that I was to write. He showed it to me and then I had to leave and he said sure, so that's how I got a copy of it. Then Rick gave me a copy of my declaration. As I was going through it, I noticed several pages missing, I do not remember the numbers but I thought there were about ten pages blanked out. I realized there was something wrong. After this I made a point of having my wife accept all calls from Rick and I did not accept any calls from him myself personally. I had agreed to go visit him in his Dallas home and I canceled that and that's what occurred.

11. Rick stated to me at the beginning of our first meeting that he would not talk to recent or any people who had left the Church. He stated that they refused phone calls from any of the people who have blown and that he was just going to talk to me because we are friends and we had a similar earlier experience basically.

12. Although we never spent any time together, we were in the Marine Corps at the same time. He made a big point of telling me how he did not care about the ex-Cult members. He also made a big point in telling me that they were all losers, that they were

6

going nowhere fast and that they were just insignificant people. That was his statement in response to me asking him how others were doing, meaning the others who had left, that I had known that I thought he was in communication with. He responded by saying that he did not care what they were doing, he had no communication with them, he refused to talk to them and they were all a bunch of losers.

I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct.

Executed in Los Angeles, California this 3 day of June, 1994.

[signed]

ANDRE TABAYOYON