Chap wrote:We have to concentrate on the legal practicalities here. (I'm sorry to go on like a cracked record, but it is essential to stick to that point if we want to understand what is going on, and what might or might not occur as the case goes forward.)
Philips is conducting a criminal prosecution for fraud in an English court. That means that his charges, including the falsity of any claims made by the church, must be proved to a jury 'beyond a reasonable doubt', which is a very high standard of proof.
It is much more difficult (if not impossible) to prove a medium fraudulent 'beyond a reasonable doubt' than to prove beyond a reasonable doubt that the earth is older than 6,000 years. Hence Philips is, as a matter of common sense, preferring to base his prosecution as far as possible on claims more like the latter than the former.
I understand legal practicality. I have tried many a fraud case.
Fraud:
Intentional misrepresentation of a fact upon which one relies to his detriment.
While its easy to prove the earth is more than 6,000 years old, what is the detriment?
The key to a fraud case here the claim of divine agency and the divine commandment to tithe (to the LDS Church). Those are the two elements that separate the LDS Church from most all other churches. They are also the reason the LDS Church is wealthy.
Philips won't have to prove that Monson is not God's agent/prophet if Monson is not prepared to make that claim under oath, and subject to cross examination.
The last time an LDS "prophet" was sworn in at the Smoot hearings, he admitted that he had received no revelations from God.
If Monson claims that he speaks to and for God, he will end up looking like a fool on the stand. When did you see him last? What was he wearing? What did he look like? How did get into the room. Did he speak KJ english? Did you touch him?