Tom Phillips Case Thrown Out

[Kenngo1969]

It is inevitable that the prosecution would never reach a jury, even if Mr. Monson chooses to attend.  To convict, a jury would need to be sure that the teachings of the Mormon Church are untrue or misleading.  That proposition is at the heart of the case.  No judge in a secular court in England and Wales would allow that issue to be put to a jury.  It is nonjusticiable.

 

In other words (say it with me now!) ... Courts are poor fora for adjudicating religious truth claims, and most all disputes arising therefrom.

[escott3564]

The court read a three page decision.   I'm not talking about the reports about the decision.   We need to see the actual decision to speak competently about it.

Here is the actual PDF of the court decision:

http://www.deseretnews.com/media/pdf/1319054.pdf

[katherine the great]

I'm amazed this lawsuit made it as far as it did.  

[David T]

escott: PSSsst! Look a few posts above yours! *grin*

 

Oh, and for fun, From the Trib:

 

Phillips is not discouraged by the ruling, according to a statement put out by David Twede, a spokesman for MormonThink.com, where Phillips is the managing editor.

 

"Although this ruling represents a setback for our cause, we remain steadfast in our commitment to bring the LDS Corporation to justice," Phillilps is quoted as saying. "For people around the world, this case has brought to light the truth: The LDS organization has committed fraud, and fraud is a serious crime."

 

In the statement, Phillips said he plans to pursue other avenues "for redress."

 

"My legal team will leave no stone unturned," he said.

[katherine the great]

How about a few of us get together a suit against this ' gentleman' for pain and suffering and loss of affection over this. I think a flat 2 mil would be a good starting position. Who's with me ?

I'm not inclined to even give this bozo the benefit of another thought.  

[Duncan]

 

escott: PSSsst! Look a few posts above yours! *grin*

 

Oh, and for fun, From the Trib:

 

Phillips is not discouraged by the ruling, according to a statement put out by David Twede, a spokesman for MormonThink.com, where Phillips is the managing editor.

 

"Although this ruling represents a setback for our cause, we remain steadfast in our commitment to bring the LDS Corporation to justice," Phillilps is quoted as saying. "For people around the world, this case has brought to light the truth: The LDS organization has committed fraud, and fraud is a serious crime."

 

In the statement, Phillips said he plans to pursue other avenues "for redress."

 

"My legal team will leave no stone unturned," he said.

 

 

his legal team? hoy faloy, who? the lawyers from the law offices of "Dewey, Cheatem and Howe"?

[Scott Lloyd]

escott: PSSsst! Look a few posts above yours! *grin*

Oh, and for fun, From the Trib:

Phillips is not discouraged by the ruling, according to a statement put out by David Twede, a spokesman for MormonThink.com, where Phillips is the managing editor.

"Although this ruling represents a setback for our cause, we remain steadfast in our commitment to bring the LDS Corporation to justice," Phillilps is quoted as saying. "For people around the world, this case has brought to light the truth: The LDS organization has committed fraud, and fraud is a serious crime."

In the statement, Phillips said he plans to pursue other avenues "for redress."

"My legal team will leave no stone unturned," he said.

All the more reason to seek penalties as a deterrent to his further mischief.

[ALarson]

I'm amazed this lawsuit made it as far as it did.  

This.  I'm glad the judge could see through these criminal charges.

 

Hopefully this will just go away now, but it sounds like Phillips isn't going to stop.  I can't imagine where he thinks he can go from here other than further down and  to cause himself to look even more foolish.

[stemelbow]

I'm amazed this lawsuit made it as far as it did.  

 

I kept wondering how it was ever taken seriously by anyone to begin with, myself.  People defended it, gave him money to help the cause.  Some judge lady threatened Monson, which the new judge has indicated was a wrong move on her part.  Some hearing was held and not until near a week later was it thrown out. 

 

Perhaps what we learn from this is something as frivolous and ridiculous as this can be taken seriously by some.

[stemelbow]

All the more reason to seek penalties as a deterrent to his further mischief.

 

Correct.  This numbskull is bitter enough he doesn't seem to want to stop. 

[David T]

Here's David Twede's full blog post press release:

 

Summons Withdrawn

 

For immediate release

 

 

Contact:   mormonthinkeditors@gmail.com

 

 

  JUDGE WITHDRAWS MORMON FRAUD SUMMONS

 

Monson and LDS Church receive reprieve in UK fraud case

 

MARCH 20. LONDON--After almost a week of deliberation, a district judge today announced his decision to withdraw the fraud summons issued in February against Thomas S. Monson and The Church of Jesus Christ of Latter-day Saints. The announcement came almost a week after a daylong hearing in which Tom Phillips’ attorneys forcefully demonstrated the LDS Church’s complicity with a range of illicit acts contained in Fraud Act 2006. For the immediate future, The Church of Jesus Christ of Latter-day Saints will not have to defend itself against fraud charges in a trial by jury.         

 

Tom Phillips, the English citizen who shed light on the Mormon Church’s alleged fraudulent acts in a magistrates’ court last fall, expressed both disappointment and cause for hope at the news, “Although this ruling represents a setback for our cause, we remain steadfast in our commitment to bring the LDS Corporation to justice. For people around the world, this case has brought to light the truth: the LDS organization has committed fraud, and fraud is a serious crime.” Phillips said he continues to believe that governments should “enact and enforce laws that protect victims of fraud and corporate malfeasance, regardless of the wealth, influence, or apparent religious motives of the perpetrator.”

 

David Twede, a spokesperson for MormonThink.com, said “One way of looking at things is that the Mormon Church dodged a bullet today. As soon as Tom and his legal advisors analyze the judge’s reasoning in detail, I’m sure they will re-evaluate their position and announce a course of action adapted as circumstances warrant. It’s my understanding that they will continue to explore every possible avenue for redress, both in the United Kingdom and abroad.”

 

Phillips promised, “My legal team will leave no stone unturned.”

 

In 2013, Phillips took over as managing editor for MormonThink.com. For almost a decade, MormonThink has been a resource for complete information about the LDS Church’s history, doctrine and teachings. Produced primarily by active church members, the site’s goal is to accurately convey the unvarnished truth about Mormonism in its comprehensive materials. David Twede, a previous managing editor, was threatened with excommunication in 2012 when his leadership role was revealed to Church authorities. Twede has since resigned from the Church and serves an at-large editor for MormonThink, and now issues his research, analysis and commentary on the LDS Church primarily through his blog, Mormondisclosures.blogspot.com. Tom Phillips remains an inactive member of the LDS Church.

 

Recently, the MormonThink editors issued the following statement concerning the UK fraud case: “The recent summons of Thomas S. Monson, corporation sole, by an English magistrate to address charges of fraud by two former Mormons was led by our managing editor, Tom Phillips. Although Tom acts on his own behalf in this case, we want to clarify our role and position.

 

“Since its founding, the mission of MormonThink has been to make public accurate knowledge of Mormon history, doctrine, and teachings so that current and potential members can make an informed evaluation of the faith. Our overarching premise is that transparency, truth, and full disclosure are the least members should expect from Mormon leaders, or of leaders of any religion.

 

“To the extent that this case will serve to uphold transparency, truth, and full disclosure about Mormonism, we support the spirit and intention of our colleague’s endeavor. Regardless of its outcome, we remain committed to our mission.”

 

Phillips, for his part, remarked that, “I look forward to the day, and it will be soon, when the LDS Corporation is brought to justice.”

 

He added, “While today we are disappointed, we draw hope from the knowledge that getting to this point is a victory few thought possible. And while today we are saddened, we draw strength from the outpouring of support and encouragement we have received from around the world. The thousands of people who stand with us give us fortitude to forge ahead, regardless of today’s ruling. We thank you all for your many expressions of support. I believe the future is a bright one for our cause.”

 

 

 

# # #

 

 

 

http://www.judiciary.gov.uk/

 

https://www.gov.uk/browse/justice

 

http://mormonthink.com/

 

 

Note about MormonThink editorial staff:  Besides managing editor Tom Phillips and myself, there are many others who have contributed so much to MT.  MT Founder and Bill Johnson have contributed the longest; former CES director Ken Clark, editor Dianne Ormond, and contributors Grant Palmer, Richard Packham, Will Bagley, Jeremy Runnells, Avery Wright, Darron Smith, Steven Bloor, and others are all noteworthy of helping MT be what it is today. 

[Somebodyz]

the Judge probably said, "Oi, you plucky chap, You shan't be doing this! Are you a lulu? has your lorry gone into the high street? now, get out of my court room you pillock and spend the rest of your days watching Only Fools and Horses like the rest of the old age pensioners in the UK" but for three pages

A lulu, what is a lulu? (apart from a British singer)  Can't believe you got up votes for this post. lol

[Buzzard]

 

escott: PSSsst! Look a few posts above yours! *grin*

 

Oh, and for fun, From the Trib:

 

Phillips is not discouraged by the ruling, according to a statement put out by David Twede, a spokesman for MormonThink.com, where Phillips is the managing editor.

 

"Although this ruling represents a setback for our cause, we remain steadfast in our commitment to bring the LDS Corporation to justice," Phillilps is quoted as saying. "For people around the world, this case has brought to light the truth: The LDS organization has committed fraud, and fraud is a serious crime."

 

In the statement, Phillips said he plans to pursue other avenues "for redress."

 

"My legal team will leave no stone unturned," he said.

 

Maybe he can go protest in the free speech zone next to the OW crowd. (Yes, I'm being sarcastic.)

[omni]

Is anybody on this board surprised by the verdict? It seems most of us saw this coming from a mile away.

[David T]

I think Tom figured, worst case scanrio, he'd lose, but end up a martyr/hero for trying. It appears, however, from what I've heard, most of the ex-mo/anti-mo crowd have totally disavowed him.

[Senator]

 

"My legal team will leave no stone unturned," he said.

 

 

Heh,

 

Lawyers don't turn stones because they just have a love of stone turning.

 

In the end, he'll be broke and still faced with a massive desert of unturned stones.

 

Better cut your losses and move on, Tom.

[Duncan]

A lulu, what is a lulu? (apart from a British singer)  Can't believe you got up votes for this post. lol

 

 

lulu means some who is crazy using British slang

[rpn]

TP's next move is going to be tax evasion over the payments made to mission presidents.   That is my guess.  He has said he would appeal this decision, too (though he said that before the decision was rendered, and the decision is pretty clear that religious faith is not a proper subject for a fraud charge, supported by british law).

[Avatar4321]

I think Tom figured, worst case scanrio, he'd lose, but end up a martyr/hero for trying. It appears, however, from what I've heard, most of the ex-mo/anti-mo crowd have totally disavowed him.

 

Have they?

[Avatar4321]

TP's next move is going to be tax evasion over the payments made to mission presidents.   That is my guess.  He has said he would appeal this decision, too (though he said that before the decision was rendered, and the decision is pretty clear that religious faith is not a proper subject for a fraud charge, supported by british law).

 

What payments made to mission Presidents?

[Scott Lloyd]

Here's David Twede's full blog post press release:

Summons Withdrawn

For immediate release

[snip]

Wow! This thing fairly reeks with spin and propaganda.

Reminds me of when Saddam Hussein claimed victory after his forces were routed.

Edited March 20, 2014 by Scott Lloyd

[Somebodyz]

lulu means some who is crazy using British slang

I'm a Brit and never heard anyone use that word that way.  Lala I've heard often, used for nuts, crazy..

Edited March 20, 2014 by Somebodyz

[cdowis]

 

 

David Twede, a spokesperson for MormonThink.com, said “One way of looking at things is that the Mormon Church dodged a bullet today. As soon as Tom and his legal advisors analyze the judge’s reasoning in detail, I’m sure they will re-evaluate their position and announce a course of action adapted as circumstances warrant. It’s my understanding that they will continue to explore every possible avenue for redress, both in the United Kingdom and abroad.”

Phillips promised, “My legal team will leave no stone unturned.”

 

 

Let's call this "Plan B and C" ==>>

 

 

"Plan B" go to jail,

"Plan C" pay a fine and civil penalty.

Edited March 20, 2014 by cdowis

[stemelbow]

I think Tom figured, worst case scanrio, he'd lose, but end up a martyr/hero for trying. It appears, however, from what I've heard, most of the ex-mo/anti-mo crowd have totally disavowed him.

 

Most?  Perhaps.  He's claimed to have thousands of supporters around the globe though. 

[ALarson]

I think Tom figured, worst case scanrio, he'd lose, but end up a martyr/hero for trying. It appears, however, from what I've heard, most of the ex-mo/anti-mo crowd have totally disavowed him.

I don't know.  From what I see on some of the boards, he still has a great deal of support even if many don't agree with his methods.  I just hope he drops things and takes a break, but it doesn't appear that he will from the statements released.  He should listen to the judge.