I am no legal expert, but I noticed a glaring omission by the church lawyers. While reading through the updates posted here, I came to realize that their arguments centered around the character and authority of Tom Phillips to bring these charges. They also attacked the lawsuit itself, calling it vexatious, etc.
But I didn't see a clear logical refutation of the charges. They didn't deny wrongdoing. That says a lot.

The purpose of that hearing (from the point of view of the LDS barristers) was to get the case tossed out. So their job wasn't to defend against the charges yet. We'll see on Thursday if it goes forward and then they'll have to argue the case.

The purpose of that hearing was in fact for Monson to answer yes or no to the truthfulness of the charges. The court required nothing more. LDS Inc tried to use it as an opportunity to weasel out of the charges using legal technicalities and attacks on Tom Phillips, while making only weak arguments in their own defense concerning the actual charges.

They weren't focused on that, rather they were trying to get it thrown out.

On the chance it is put forward to a trial, that's when they will do that.

You can bet there are some meetings this week at the COB.

I don't think that was ever their intention at this early stage. Their goal was probably just to get the case dismissed as quietly and quickly as possible. If it goes further, the next legal team will have the really difficult job of defending the charges.

Regardless of the outcome this week, I found it interesting that the judge clearly didn't see it as the bizarre, vexatious and easily dismissable case that TSCC presented it to be. A week to deliberate on something that was to be thrown out in 10 seconds?!

That's all true, and I agree. I just thought it was interesting they have yet to say "We didn't do it."

I don't think there's any point in them saying that. That discussion comes at a later date when/if the case gets referred to the Crown Court.

I'm surprised the meeting last week went on for as long as it did tbh. But it seems to me the church's strategy was to try and get the whole thing dismissed, so they wouldn't have to have any discussion about the seven points in the future.

It's no difference than the excommunications/disfellowshipments of any of the scholars or of others who have dared to bring to light the facts of Church history/doctrine.

They have never stated that anything raised by these man and women were not true. Not once ot my knowledge have they ever had to defend against facts being raised. Rather, the charge was apostasy...they were saying things that might lead people away from the Church.

No different with the fraud case. Now, IF the case does go to trial. Then, things will get a whole lot more interesting.

This is a criminal proceeding, not a lawsuit seeking financial compensation, correct? So the attack on Tom has nothing to do with it. The court decided to move forward with the hearing based on previous testimony, so the church is attacking the courts by not actually answering the charges.

Not quite. It was a special hearing to determine if enough evidence exists to send it to a trial wherein guilt or innocence will be determined -- much like a grand jury. But yes, it is a criminal fraud charge. The courts decision on whether to take it to trial or not will be announced on Thursday.



Edited 1 time(s). Last edit at 03/17/2014 11:22AM by Devoted Exmo.

I suspect they may also have TBM lawyers ready to help from the UK there are a few Stake Presidents

...want to have to argue the details of the charges before an impartial judge or jury. A church lawyer wouldn't be able to use "Moroni's challenge" as his closing argument. :-)

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