1:10 pm on 16 September 2024
Anusha Bradley, Investigative Reporter
The Jehovah's Witnesses's final attempt to escape the Abuse in Care inquiry has been dismissed by the Supreme Court.
The Christian Congregation of Jehovah's Witnesses has repeatedly sought, and failed, to be exempted from the Royal Commission of Inquiry into Abuse in Care, arguing it did not have children in its care so was out of the inquiry's scope.
The court action was launched after three years of legal wrangling with the inquiry behind the scenes to avoid its scrutiny. The Court of Appeal dismissed the faith's argument in April, prompting it to apply for leave to appeal to the Supreme Court.
In a judgment issued on Friday, the Supreme Court rejected the faith's application, saying it agreed with the Court of Appeal's conclusions.
It also rejected an argument that there had been a "miscarriage of justice".
"Nor does anything raised by the Jehovah's Witnesses give rise to an appearance of a miscarriage of justice in the approach adopted by the Court of Appeal, particularly where the proposed appeal would be academic," the court said.
"The Commission has now released its report. The Jehovah's Witnesses can challenge the report of the Commission, as we understand it has done.".
The Commission's final report, which included a 74-page case study into the Jehovah's Witnesses, concluded the faith did have children or vulnerable people in its care and there was "credible evidence" of abuse.
The Supreme Court also chastised the church for filing a submission that exceeded the 10-page limit and ordered it to pay court costs of $2500 to the Crown.
The Jehovah's Witnesses have already agreed to pay $48,000 in court costs from a string of failed cases related to the inquiry and its final report.
The church has been approached for comment.
Former Jehovah's Witness-turned-advocate Shayne Mechen said the Supreme Court decision was "good news" for survivors of abuse within the church.
"Survivors will feel ecstatic it has finally come to an end and the JWs are no longer trying to escape scrutiny."