Rev. Abu-Akel Decl.

Cynthia Coulter Mulvihill, Esq. SBN 171909
Sheral A. Hyde, Esq. SBN 131452

LAW OFFICES OF CYNTHIA COULTER MULVIHILL, APC

216 W. Foothill Boulevard (91016)

PO Box 1007, Monrovia CA 91017-1007
(626) 358-7471 Fax: (626) 358-2894
E-Mail: Cmulvihill@cmsynergy.com

Attorneys for Defendant THE REVEREND DR. FAHED ABU-AKEL

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ORANGE – UNLIMITED JURISDICTION

PAUL ROLF JENSEN,

Plaintiff,

vs.

FAHED ABU-AKEL,

Defendant

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CASE NO.: 03CC06949

DECLARATION OF THE REVEREND DR. FAHED ABU-AKEL IN SUPPORT OF THE REVEREND DR. FAHED ABU-AKEL’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STRIKE SLAPP [STRATEGIC LITIGATION AGAINST PUBLIC PARTICIPATION] OF PAUL ROLF JENSEN, ESQ.

[DOCUMENTS FILED CONCURRENTLY HEREWITH DESCRIBED IN “INDEX OF DOCUMENTS FILED WITH THE COURT” ALSO FILED CONCURRENTLY HEREWITH]

DATE: July 9, 2003

TIME: 1:30 p.m.

LOC: C19

JUDGE: Randell L. Wilkinson

I, FAHED ABU-AKEL, declare as follows:

1. I am the defendant in this matter. I am over the age of eighteen. I have personal knowledge of the matters and facts contained herein, except those stated on information and belief. If called upon to testify, I could and would do so competently.

2. In 1974, I received a Master of Divinity from Theology from Columbia Theological Seminary in Atlanta, Georgia. In 1983, I received a Doctorate of Ministery from McCormick Theological Seminary in Chicago, Illinois.

3. In 1978, I was called to ministry by the Atlanta Ministery with International Students, Inc. I was ordained in 1978. I have served as an ordained Presbyterian Minister of the Word and Sacrament since then.

4. On June 4, 2002, I was elected to serve a one-year term as the Moderator of the General Assembly of the Presbyterian Church (U.S.A.). I completed my term of service as Moderator on May 24, 2003.

5. On April 4, 2003, as part of my duties as Moderator of the General Assembly of the Presbyterian Church (U.S.A.), I reported to a meeting of the General Assembly Council. The General Assembly Council is a church body of elected Presbyterians.

6. During that religious report, I made the following statements. I am certain that these were my exact words because the speech was recorded and transcribed.

· “So, when I read that the Moderator, the Stated Clerk and the staff in Louisville have a conspiracy, I became strong in the Spirit because I knew that this statement was a lie and I realize the truth is more powerful than the lie.”

	“Several reflections – I thank God for our staff and our Stated Clerk for their faith and faithfulness to the process. This experience gave me a deeper faith in God and God’s love in Jesus Christ“
	“Every day, I pray for the two and a half million members of our Church, for the 11,200 congregations, for 173 presbyteries, for 16 synods, for the 214^th General Assembly Commissioners and for the 80 mission partners around the world. And every day, I close my prayer with, ‘Lord Jesus, Your will be done, not mine.”
	“As your Moderator with a humble spirit, I do believe that no one is above the Constitution and all of us our accountable to one another in the Body of Christ for our action. But this experience taught me about the power of media and the power of communication – how they can create a perception in the mind of people that is more powerful than the truth.
	“So, the media can popularize[1] and cook a million stories, but when you know the truth, that is the power of the truth.”

7. I made these statement in reference to the allegations contained in a January 21, 2003, Remedial Complaint (hereinafter, the Remedial Complaint) filed against me by the Session of the Westminster Presbyterian Church, Canton, Ohio with the Permanent Judicial Commission of the Presbyterian Church (U.S.A.) General Assembly. PAUL ROLF JENSEN served as counsel to the Session in the Remedial Complaint.

8. A true and correct copy of the Remedial Complaint is attached to the “EXHIBITS SUBMITTED IN SUPPORT OF THE MOTION TO STRIKE SLAPP” as Exhibit “1.”

9. The Remedial Complaint also named the Office of the Stated Clerk of the General Assembly; the Office of the Moderator of the General Assembly; the Committee on the General Assembly; and Clifton Kirkpatrick, as Stated Clerk of the General Assembly of the Presbyterian Church (U.S.A.) as Respondents, Exhibit “1”.

10. The nexus of the Remedial Complaint was my decision not to call the 214^th General Assembly into special session. Dr. Alex Metherell had demanded and petitioned for the special session to address alleged violations of the Presbyterian Church (U.S.A.) Constitution as it relates to the ordination of gay and lesbian people.

11. The Remedial Complaint alleged that the respondents and I conspired to act contrary to the polity and Constitution of the Presbyterian Church (U.S.A.). Remedial Complaint, Exhibit “1”, page 2, first through fourth lines.

12. On March 17, 2003, the Permanent Judicial Commission of the Presbyterian Church (U.S.A.) General Assembly, after inviting and considering briefs presented by the Complainant and the Respondents, held trial on The Remedial Complaint.

13. On March 19, 2003, the Permanent Judicial Commission of the Presbyterian Church (U.S.A.) General Assembly ruled that I acted improperly when I wrote to commissioners to the 214^th General Assembly “in the name of Christ and for the good of the Presbyterian Church (U.S.A.)” asking those commissioners not to press for a special session of the 214^th General Assembly. However, in its ruling, the Permanent Judicial Commission of the Presbyterian Church (U.S.A.) General Assembly dismissed the Remedial Complaint, finding that I had not received sufficient requests to trigger the constitutional requirements to call a special session of the Presbyterian Church (U.S.A.) General Assembly.

14. A true and correct copy of the March 19, 2003, ruling of the Permanent Judicial Commission of the Presbyterian Church (U.S.A.) General Assembly on the Remedial Complaint is attached to the “EXHIBITS SUBMITTED IN SUPPORT OF THE MOTION TO STRIKE SLAPP” as Exhibit “2”.

15. The Permanent Judicial Commission of the Presbyterian Church (U.S.A.) General Assembly did not rule that there was a conspiracy between my co-respondents and me.

16. A true and correct copy of a March 20, 2003, Presbyterian News Service article entitled “PJC upholds refusal to call special Assembly” is attached to “EXHIBITS SUBMITTED IN SUPPORT OF THE MOTION TO STRIKE SLAPP” as Exhibit “3”.

17. I did not engage in a conspiracy with anyone to act contrary to the polity or Constitution of the Presbyterian Church (U.S.A.).

18. Under D-9.0101 of the Book of Order of the Presbyterian Church (U.S.A.), a member of the Presbyterian Church (U.S.A.) who feels injured by rumor or gossip may request an inquiry for vindication by submitting to the clerk of session or stated clerk of presbytery a clear narrative statement of the alleged facts. On May 21, 2003, I filed a Request for Vindication with the Presbytery of Greater Atlanta.

19. A true and correct copy of my May 21, 2003, Request for Vindication is attached to “EXHIBITS SUBMITTED IN SUPPORT OF THE MOTION TO STRIKE SLAPP” as Exhibit “4”.

20. A true and correct copy of the May 21, 2003, Affidavit of Edwin W. Albright, Executive Presbyter/Stated Clerk of the Presbytery of Greater Atlanta certifying my May 21, 2003, Request for Vindication is attached to “EXHIBITS SUBMITTED IN SUPPORT OF THE MOTION TO STRIKE SLAPP” as Exhibit “5”.

21. A true and correct copy of the transcript of the relevant portions of the April 4, 2003, meeting are attached hereto as Exhibit “23.” The other parts of my speech that day, which had to do with unrelated religious matters, are not included in this transcript.

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

Executed this ___ day of May 2003, in ______________________, __________.

_________________________________

Fahed Abu-Akel, Declarant

[1] Should read “publize” not popularize.