IICSA hearings resume next week

by Corney 32 Replies latest watchtower child-abuse

  • slimboyfat
    slimboyfat

    That’s an interesting document.

    Point 13. claims that, “the substance of the information in the handbook [elder’s book] is accessible to individual Jehovah's Witnesses through The Watchtower magazine, the Organized handbook, and other religious literature of Jehovah’s Witnesses.”

    Firstly it is interesting that Gillies feels it’s important to give the impression that elders are not privy to policy information that is unavailable to other members. Secondly it should be rather easy to prove that not all the information in the elder’s book is available elsewhere. Has anyone gone to the trouble of specifically identifying what information is not accessible for non-elders?

  • slimboyfat
    slimboyfat

    There is lots of interesting information in this document, and it raises lots of questions too.

    It says that since 2000 four claims have been made against a congregation or legal entity of Jehovah’s Witnesses in England and Wales. Three of these were settled and one was decided at trial and damages were agreed in advance. Are the sums of money involved public knowledge?

    The document says there are 13,846 elders in England and Wales. That would mean roughly 9 elders per congregation. On those figures I would suggest there doesn’t appear to be a great shortage of elders in England and Wales.

    The document contains an odd mixture of JW language and non-JW language. For example on the one hand the document talks about the “deletion” of elders, meaning their removal from office. On the other hand the document freely uses the term “ecclesiastical” which is unfamiliar within the JW organisation. So it’s an odd mixture of insider and outsider language.

    The document seems completely unaware of the weaknesses of their own policies as highlighted by experts during this enquiry. For example the document states their procedure of only reporting accused abusers to the authorities in cases where the alleged abuser poses an ongoing threat to children. Yet the author displays no awareness that neither the elders nor the branch have any relevant expertise in determining whether any such threat exists.

    Why doesn’t the organisation simply report all allegations of abuse in England and Wales, as they do in Ireland? The document points out that they are not required to do so by law in England and Wales, but it offers no explanation why they don’t make it their own policy to report all allegations. It simply states that it’s not their policy to report all allegations without offering any reason why that is their policy.

    The document gives a long list of things JWs don’t do, in order to prove there is no specific provision for children in the form of instruction, entertainment, outings, or any other activity. Yet the document at no point discusses the fact that children can go on the ministry with adults who are not their parents. Has the practice been revised? Why does the author not address this issue?

    The document states that the branch keeps a file containing all abuse allegations made against members of the organisation. This is confirmation that a database of all potential abusers does exist centrally.

    It further states that allegations are kept at a congregation level indefinitely in a sealed envelope. How does this comply with data protection laws? Do they it not apply in these circumstances?

    It states that no allegation of abuse is ever considered as an instance of “slander” for judicial purposes, even if the allegation is never proved or corroborated. Even the law of the land acknowledges that an accusation may be proved malicious and false, but apparently not within JWs for judicial purposes.

    It says that all elders are asked if they have ever been involved in child abuse before they are appointed as elders. This has applied to all new elders for a number of years. What the document does not appear to say is whether all 13,000 serving elders, many of whom have been elders for decades, have been asked this same question. Might there be long-standing elders who remain in position despite past crimes?

    At a number of points the document is at pains to stress that abusers will wait a long time before receiving any responsibilities again, if they ever will. Why not be clear? Can an abuser ever be appointed again or not? If not, why not say so?

    The document says that between 2009 and 2019 in the organisation there were 67 accused of abuse, 13 were convicted, 37 were reported to the authorities, 19 were disfellowshipped and 6 were reproved. This is not entirely clear, but would seem to imply that up to 30 accused abusers were not reported to the authorities.

    The document also brackets outs 52 other alleged abusers whose crimes predated 2009, including 32 elders. It doesn’t appear to offer any information about whether any of these accusations were reported to the authorities, or indeed whether these people are still serving as elders.

    These numbers appear to be relatively low compared with the numbers uncovered by the Australian Royal Commission, where around 1000 historic accusations were recorded and not reported to the authorities, from a smaller population. Is there a reason based in definition or in practice that would explain why these numbers appear to be of a different order of magnitude?

    The document turns quite belligerent toward the end and accuses investigating authorities of acting in bad faith and being very slow to respond to correspondence.

    Throughout the document the author is at pains to stress that Watch Tower charities do no set policies and it attempts to shield them from legal culpability. Are these credible manoeuvres or futile gestures? It would seem contrary to justice if organisations were allowed so easily to escape responsibility for harm they have caused.

  • Corney
    Corney
    Secondly it should be rather easy to prove that not all the information in the elder’s book is available elsewhere. Has anyone gone to the trouble of specifically identifying what information is not accessible for non-elders?

    Lloyd tried (additional statement, paragraph 11)

    Yet the document at no point discusses the fact that children can go on the ministry with adults who are not their parents

    Gillies addressed this and similar issues in his additional statement (paragraphs 8-14). I don't know whether his arguments are legally correct but they don't seem persuasive.

    These numbers appear to be relatively low compared with the numbers uncovered by the Australian Royal Commission, where around 1000 historic accusations were recorded and not reported to the authorities, from a smaller population. Is there a reason based in definition or in practice that would explain why these numbers appear to be of a different order of magnitude?

    Yes, it's about definition: these numbers refer only to "institutional" abusers, i.e. elders, ministerial servants and "persons accused of committing child sexual abuse in an institutional context (e.g. alleged abuse at a place of worship by a congregant or a non-Witness)" (paragraph 82).

    Throughout the document the author is at pains to stress that Watch Tower charities do no set policies and it attempts to shield them from legal culpability. Are these credible manoeuvres or futile gestures?

    Their position, as I understand, is that since 2011, the CCJW (which apparently operates the Legal and Service departments) is the only branch entity responsible for safeguarding (see also this ruling, paragraphs 6 and 7). I don't think they have great chances to prevail on this issue; by the way, the KHT has explicitly accepted responsibility for child safeguarding.

    I'm also surprised by the claim that the local congregation charities' sole function is to "administer property and financial matters". In my opinion, no court will ever accept this.

  • slimboyfat
    slimboyfat

    Thanks, that’s helpful.

    So this document only counts accusations made against elders or ministerial servants. Yes I should have noticed that’s the difference between these figures and the figures from the Australian Royal Commission. Yet the document also refers to a database at the branch which contains all accusations ever made (if I understood it correctly) against anyone in the congregation. Is there any pressure on them to release this information? Or the figures in involved?

    Yes the claim that congregation charities only deal with property and finance would appear to contradict the stated goals of such charities which include promoting their religion and Christian beliefs and practices. At the same time congregations have been instructed to only hold a couple of thousand pounds at most and send the rest to the branch. So even if a congregation is sued in the future, they will not have any funds to pay out. Will the Kingdom Hall Trust, IBSA, and Watch Tower Britain be liable?

    Has Gillies ever explained whether long-standing elders have been questioned or checked for past involvement in child sexual abuse? The current policy only seems to cover new elders, not elders who may have been in place for decades.

    As an unrelated aside, if Gillies began partaking of the emblems because he was hopeful of being appointed to the Governing Body in the future, I think those hopes will prove unfounded. It seems that the role the Governing Body has carved out for him is to do the unpleasant work of attempting to defend their flawed policies and behaviour in public. It seems unlikely to me that a person used for such function presents as an attractive addition to Governing Body itself, who seem quite determined to distance themselves from direct involvement.

  • Phizzy
    Phizzy

    The Inquiry has concluded, with its Report "hoped" to be published by the Summer 2021.

    Compare the response and final statement from the Baptist Church, to that of Jehovah's Witness attack dog Shaun Brady.

    If I wanted to join a Christian Church the Baptists are showing what a Christian attitude is, and why they have such an excellent attitude. I would think about joining them. The J.W's are showing they wish only to defend that which cannot be defended, and therefore to reduce the size and likelihood of Compensation Payments.

    Brady also contends that the Destruction of Records pointed out by Richard Scorer is "Untrue". I wonder if evidence will emerge that vital Documents concerning historical Abuse within Jehovah's Witnesses have been destroyed since the edict about disposing of certain Documents went out. If so Brady has very nearly committed Perjury, and certainly has if he actually had knowledge that such destruction occurred.

  • slimboyfat
    slimboyfat

    The response from Lloyd Evans is too long and unfocused. He attacks Gillies for displaying “pride” and brings in extraneous issues such as whether ordinary JWs know that gambling is not a disfellowshipping offence. I don’t think the inquiry is interested in whether Gillies displays pride or in Watchtower policies on unrelated matters. Lloyd Evans suffers from the irresistible urge to counter every single point that Watchtower makes, in his responses to the inquiry, as in his own rebuttal videos. This results in responses which are far longer than the material he is reviewing. It would have been more effective to stick to a few key points on which Watchtower policies are flawed or have been misrepresented. Chasing every single point that Gillies made only allowed Gillies to pursue easier lines of defence rather than address the central problems with Watchtower policy.

    Why doesn't Watchtower report all accusations of abuse to the authorities? How can they presume to assess when an accused abuser poses an ongoing threat or not? Have all current elders been checked for past involvement in child sexual abuse? Are children still sometimes sent on field ministry with other adults, or has this policy changed? How can they claim that field ministry is a private arrangement for parents to make, when in fact the field ministry is highly organised and coordinated by the congregation and the organisation? Will they release all the information about abuse accusations they have on file at the branch and in congregations? Where Watchtower practices and policies have resulted or contributed to abuse taking place, from which Watch Tower organisation should victims seek compensation?

  • Earnest
    Earnest

    Now that most congregations in Britain are merged (or will be merged) with the Kingdom Hall Trust, each congregation becoming a branch of that charity, they are no longer charities in themselves. The elders in the congregation are no longer charity trustees of the congregation and so would not be answerable to the Charity Commission. The Kingdom Hall Trust would still come under the auspices of the Charity Commission but they can hardly be expected to know what is going on in each congregation until judicial action is taken. It seems to me that the Circuit Overseer and the elders in each congregation are responsible for appointments of elders and ministerial servants and so the body corporate cannot be held liable for compensation.

  • Phizzy
    Phizzy

    By taking ownership of all Kingdom Halls the K.H Trust has a lot of assets. If they can be successfully sued, they will have the money to pay, that is one consolation.

    As all K. Halls and Congregations are their responsibility, they cannot wriggle out of being responsible for what goes on in one of their Branches. Of course, they cannot be held responsible for historic cases of abuse, which is why this move has been done, and they will try and wriggle and put all responsibility upon local Elders to follow the "present" Child Safeguarding Policy. Make a mistake brother Elder, and YOU will pay !

    It is still a minefield for any poor victim of this evil, money grubbing org. They are determined not to pay Just Compensation, or Apologise, or give any kind of closure to the poor victims. What utter bastards !

  • Corney
    Corney
    Is there any pressure on them to release this information? Or the figures in involved?

    Lloyd Evans (and probably that exJW group too) called for a separate investigation into the JWs and asked the Inquiry to request files from the branch (a recent example) but it's unclear whether the panel is willing to do this.

    Will the Kingdom Hall Trust, IBSA, and Watch Tower Britain be liable?

    There are various possible scenarios, but in most cases it will be possible to sue, depending on circumstances, WTB or KHT.

    Has Gillies ever explained whether long-standing elders have been questioned or checked for past involvement in child sexual abuse?

    No, afaik

    It seems to me that the Circuit Overseer and the elders in each congregation are responsible for appointments of elders and ministerial servants and so the body corporate cannot be held liable for compensation.

    Why? Elders act under supervision and control of CCJW/WTB, policies are established and disseminated by CCJW/WTB, circuit overseers are appointed and paid by CCJW/WTB, congregations are officially declared KHT branches etc. etc.

  • Corney
    Corney

    Charity Commission's Harvey Grenville (currently a senior technical advisor) on the Watch Tower Britain and Manchester New Moston inquiries:

    We clearly recognise the right of charities to challenge our decisions when they think that we have got it wrong, but we are on record as saying, in particular in respect of the Manchester New Moston and The Watchtower inquiries, that the level of legal challenge that we received, which I think numbered five in two years, is simply unprecedented. In the instance of -- I think it is separate for Watchtower, but in the instance of the Manchester New Moston inquiry, it was the primary factor why we were unable -- alongside the very limited co-operation that we received from the trustees and Watchtower as to why it took the length of time that it did. Essentially, we had to compile our findings independently of any engagement, or significant engagement, with either the trustees of Manchester New Moston or the branch -- the central office, and the only engagement that we received was at the end when we submitted the draft inquiry report for comments on factual accuracy.
    ...I think, overall, the characterisation or implication that somehow The Watchtower charity and the Branch Committee are fully co-operative with us is not a characterisation I would recognise.
    ...Most recently, we wrote to Watchtower with concerns about sufficiency of the policies and procedures that the congregations are using, with the expert and third party professional support. They responded with some concerns to those comments. I rang one of the Branch Committee members up in December, urging or requesting that we just simply meet face to face to discuss those items. They declined to do so, and, in response, we received pre-action correspondence of further potential litigation.
    ...the purpose of opening the inquiry into Watchtower was because, as a result of our earlier engagement, we understood that Watchtower was the charity that produced the child protection safeguarding policy for adoption by the congregations, and rather than us opening a class inquiry into 1,300 congregations, we sought to work directly at the centre. So the obstruction or the delays are, in our view, in a large part, due to the fact that Watchtower are not fully and actively co-operating with the inquiry. There is information we have requested that is outstanding.

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