It is a short opinion–only three pages–which can be found at http://img.ksl.com/slc/2516/251638/25163829.pdf
Here are excerpts from the decision:
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“The information on which the summonses are based is contained in correspondence from Mr Phillips to the court from October 2013 to January 2014.
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“These two summonses both state that failure to attend may result in a warrant being issued for Mr Monson’s arrest. It is common ground that that is wrong.
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“The way the information was put before the court over a period of time makes it hard to isolate the essential ingredients. I have looked for a direct assertion that Mr Monson made the specific representations set out in the summonses. To this end I have read the 120 pages provided by the prosecutor [Mr Phillips]. I invited Mr Bird [Phillips' attorney] to take me to the relevant passages. In the paperwork I find assertions that Mr Monson “has caused to be made statements of fact which are untrue”; assertions that as President of the Church Mr Monson is responsible for statements of the Church; numerous assertions that Mr Monson knew false statements were being made; and assertions that Church doctrine makes the particular statements averred. It would be relatively easy to state explicitly that Mr Monson has made these specific representations, and when and how the misrepresentations were made. This has not been done.
“Even if Mr Monson has made the representations complained of, the basis for the complaint that he made them dishonestly (or intending a gain or a loss) is too tenuous. It is not sufficient to found a criminal prosecution.
“I do not accept that the essential elements of the offence are present in the information as presented to me.
“Is the prosecution vexatious?
“It is obvious that this proposed prosecution attacks the doctrine and beliefs of the Mormon Church, and is aimed at those beliefs rather than any wrong-doing of Mr Monson personally. The purpose is to use criminal proceedings to expose the false (it is said) facts on which the church is based.
“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 religious 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 non-justiciable.
“I am satisfied that the process of the court is being manipulated to provide a high-proflle forum to attack the religious beliefs of others. It is an abuse of the process of the court.”
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]]>I can only go by what you said. If what you said is true, then the rest is self-evident. I’m sorry that you’ve allowed my directness in that regard to wound you, but I’m not going to sugar coat it.
Either you care about the truth and your friends and family enough to want to do something, or you’re selfish.
I guess the 3rd option is that you’re just lazy, and you think the church IS true, but you’re too lazy to put forth the effort.
Whatever the case may be, most people don’t fit into any of those categories, and so it is virtually impossible to leave the church and just ignore it while it harms their friends and families.
Some people can do that though. And I guess it’s great for you if you can. Not so great, however, for those that you might ‘care about’… Whatever that would mean, in such a context.
]]>As I said, my wife is still mormon, much of my family still is (though I take at least some credit for the exit of much of my family from that cult so far already), many of my friends and neighbors are as well.
It certainly may be possible for people like yourself to leave mormonism and abandon their friends and family to have their minds, lives, and wallets raided by the church, but I don’t operate that way. When I see others in danger or distress, I feel compelled to at least TRY to help.
If that’s not how you operate, that’s fine and dandy, but it doesn’t reinforce the attitude by mormonism that the only reason to try and help others see the truth about Mormonism is in being motivated by bitterness and hate. Quite the opposite is generally true.
To me, what you claim to have done is incredibly selfish, and I wouldn’t be able to operate like that.
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