The Preliminary Injunction decision issued by Santa Clara Superior Court judge was released on February 23, 2006. The Court acknowledges the final decision on the case is pending a Jury Trial which is yet to be scheduled. However, the Court found that is appropriate to issue a preliminary injunction in some form, in order to prevent chaos between the supporters of the plaintiff (The Holy Apostolic Catholic Assyrian Church of the East), and the supporters of the defendants (the expelled Bishop Bawai Soro, and his financial advisor, Mr. Shimshon Antar).
The mandatory prohibitive injunction sought by plaintiffs was denied because the Court attests to the fact that Saint George Parish in Ceres, Mar Yousip Parish in San Jose, and Mar Narsai Parish in San Francisco are in fact properties and assets of the Holy Apostolic Catholic Assyrian Church of the East Diocese of Western California, and not personal properties of former Bishop Soro. Therefore, the Court found that the plaintiffs will not suffer irreparable harm if it does not issue the mandatory preliminary injunction.
The following excerpts from the ruling means that somehow the Court has verified the whereabouts of funds and loans that were taken by Soro without the knowledge or approval of the Holy Apostolic Catholic Assyrian Church of the East’s Patriarch and the Holy Synod. Another word, those funds were not stolen for personal use by Mr. Soro and Antar.
“The Court finds that there is no evidence before the Court to suggest that Bishop Soro or Shomshon Antar misappropriated or misused any funds, no evidence whatsoever that Bishop Soro or Shimshon Antar were involved in some inappropriate illegal action…”
Despite the false claims of being vindicated by the Court ruling on his website, former Bishop Soro is yet to stand a Jury Trial. Since the Court realizes that Holy Apostolic Catholic Assyrian Church of the East is based on hierarchy, Soro will not be able to walk away with the above three mentioned churches of which he has already lost control over one and half of them, “IT IS HERBY ORDERED that during the pendency of this action:
(b) Plaintiffs shall have the exclusive use and possession of Mar Narsai Church, San Francisco, California.
(c) Defendants shall have the exclusive use and possession of Mar Yosip Cathedral, San Jose, California.
(d) Plaintiffs and defendants shall share the use and possession of Saint George Church, Ceres, California."
The separation of Church and State in the United States does not give any court or judge the jurisdiction to decide appropriateness of Soro’s expulsion by the Holy Synod. Soro was the Trustee of the above mentioned properties during his employment with the Holy Apostolic Catholic Assyrian Church of the East. A Trustee loses authority over properties placed under his direction once he is terminated by his employer.
02/04/2006 >> Bishop Ashur B. Soro & Full Communion With Roman Catholic Church
02/04/2006 >> Decleration (File Size 144 KB)
02/04/2006 >> Ashur B. Soro's plan (Towards Full-Communion) (File Size 158 KB)
02/02/2006 >> The Assyrian Church of the East vs. Bishop Bawai Soro
11/22/2005 >> The Assyrian Church of the East Maintains Its Continuity
11/16/2005 >> Bishop Soro's Removal Letter (File Size 398 KB)
11/16/2005 >> The Synod of the Assyrian Church of the East Confronts Bishop Mar Bawai Soro
11/07/2005 >> The Assyrian Church of the East Synod's Decree against Bishop Soro (File Size 1,041 KB)
11/07/2005 >> The Tenth Synod of the Assyrian Church of the East (File Size 1,288 KB)