https://www.rnz.co.nz/news/national/522908/jehovah-s-witnesses-lose-last-ditch-court-case-over-abuse-in-care-report?fbclid=IwZXh0bgNhZW0CMTEAAR1g3qVZxlojO2SzcM6Xlsf2tsC_0REhD4dP4I6rDA6zxAFPLc_v2hZVvf4_aem_PztGhHVTf5To8QsJTv3m0g
JULY 23, 2024
Jehovah's Witnesses lose last ditch court case over abuse in care report
Recommendations from a report into abuse that occurred in state and faith-based care will be made public on Wednesday.
On Friday, the Christian Congregation of Jehovah's Witnesses Australasia filed for interim orders in the Court of Appeal to prevent part of the report about them from being published until their Supreme Court appeal is decided.
They filed to avoid scrutiny altogether.
They asked that part of the final report, a case study on Jehovah's Witnesses, not be published on the Royal Commission's website, that it be kept confidential and not reported on.
Justice Cooke declined the application in a judgement released on Tuesday, citing "considerable public interest" in the report and the fact they had waited till the "very last moment".
He also said the chances of their success in the Supreme Court "must be regarded as low".
Justice Cooke noted no affidavit evidence was filed by the Jehovah's Witnesses in support of the application.
"We nevertheless accept that the appellant has a position to preserve," he said.
"Publicising the section of the report dealing with the issue of abuse by members of the Jehovah's Witnesses faith will likely have a reputational impact on the appellant, and the faith more generally."
He said any subsequent decision of the Supreme Court concluding that it was beyond the jurisdiction of the Royal Commission to make such findings may mitigate that impact, but would not eliminate it.
"Having said that, we do not understand there to be a dispute that the Royal Commission received evidence of abuse engaged in by members of the Jehovah's Witnesses faith," Cooke said.
"The appellant's argument in this proceeding has been limited to arguing that the Royal Commission does not have jurisdiction to investigate and report on that abuse because it did not take place in a relevant "care" setting.
"But we nevertheless accept that the proposed order can be seen as necessary to preserve the appellant's position."
A spokesperson for the Australasian Branch of Jehovah's Witnesses said in a statement: "We have serious concerns about the accuracy of the report regarding Jehovah's Witnesses and have no choice but to resort to court to address these issues. READ MORE