My undersstanding of the ruling is this:
1. The court has upheld the negligence finding against WT (this was the smaller of the amounts awarded).
2. The court has overturned the punitive damages finding against WT.
i'm not an expert but that is my understanding of this: .
opinion filed.. (signed published) the judgment against defendants on the negligence count is affirmed.
the judgment against watchtower on the cause of action for punitive damages is reversed with directions to enter judgment for watchtower on punitive damages.
My undersstanding of the ruling is this:
1. The court has upheld the negligence finding against WT (this was the smaller of the amounts awarded).
2. The court has overturned the punitive damages finding against WT.
from the ruling: .
"we note that the congregation and the charity are one and the same entity in this case, so that whilst the congregation understandably wishes to follow its religious practices, its status as a registered charity brings with it, in exchange for public recognition and tax reliefs, a requirement to maintain certain standards of behaviour.
it also brings with it the risk that, if there are concerns about its activities, these might be inquired into by the respondent.
"73.Finally, we were concerned that, although Mr Clayton accepted in his skeleton argument that the disfellowhipping process for Mr Rose was poorly-handled,there was other material before us which suggested that the arrangement of a confrontation of an accuser by their accused, as happened in Mr Rose’s case is official guidance for Jehovah’s Witness Congregations. We particularly noted the “Elders’ Handbook” paragraph 39 in this regard."
This case is running alongside the Charity Commission's investigation into WTGB, and the same judge has made several rulings on that. (Previous threads on JWN refer).
here is part of a scam e-mail delivered to my junk folder (i glance thru it every so often for kicks).
i highlighted the parts i found especially goofy:.
we found your name in our list and that is why we are contacting you, and we are happy to announce to you that every necessary legalarrangement regarding to your compensation has been signed and sealed.
sickening to see the photo of the religious zealots all stood around the governor signing into law the right for people to discriminate against others (gay, lesbian, trans-gender) based purely on religious dogma.. if religious people want those freedoms then the can't have it both ways - they cannot complain if *they* are discriminated against.. "sorry, we don't like zionists, get out".
"oh, it's some special mass and you can't work your shift?
you're fired!"..
If an outsider may be allowed to comment ...
It often seems odd to me that in a country based on a secular constitution, with express separation of church and state, religion and the religious have so much influence. Having said that, there is a view that when the Mayflower left England the 'freedom' that the 'pilgrims' sought was the freedom to persecute each other more than they were allowed to do in England.
Various polls show the extent of fairly fundamental religious beliefs in the US. I think I'm right in saying (correct me if I'm wrong) that over 50% of the population believe that the 'Second Coming' will occur within fifty years. That's disturbing (to me, at least) and illustrates one problem with this type of legislation. I am sure that the lawmakers blithely assumed that the 'religious belief' concerned would overwhelmingly be their brand of christianity. How would they feel if, for example, the majority of the population became muslim and it was normal to discriminate against women not wearing burkhas?
There are many wacko religions and as I understand it in the US they are all entitled to equal status. So essentially anyone can justify any discrimination provided that they claim it is in accordance with their religious belief.
It's a good principle when considering legislation to imagine the most absurd circumstances and see how the proposed law would apply.
jwvictims has done an excellent but disturbing article on how jw's feel about the child abuse problem.. http://jwvictims.org/2013/11/23/jehovahs-witnesses-caught-laughing-at-child-rape-accusers/.
"elders would go to jail before disclosing any confidential matter to the authorities"
Well, they just may have to. And it won't be 'persecution'.
When, in England & Wales, judges issue subpoenae or Production Orders (as in the current Charity Commission -v- WTBTS case) failure to comply is contempt of court. Punishment is at the judge's discretion and includes imprisonment and unlimited fine.
WTBTS is, in its own mind, all-powerful. In reality, its not.
following on from the recent thread about wt losing an appeal concerning the uk charity commission (sorry, i can't do the link) i'm pleased to report that this matter is covered in the latest 'private eye' (20 march - 2 april issue).. it's a one-third page article (p.34) under the heading 'child abuse' and the headline 'silent witnesses'.
it reports the case accurately, mentions several criminal cases and the ongoing high court compensation case.
it includes some of judge mckenna's comments..
Jan
I've read this thread.
My thoughts are these. 'Private Eye' is an extremely well respected publication, read by many politicians, law-makers, persons of influence, etc. (as well as us general cynics and shit-stirrers). One of the reasons it is so respected is that its stories are well-researched and stand up to scrutiny - they have to, the publishers have been sued for libel before (usually they win).
Sources for their stories are generally unimputable, and that is their strength. They are not, and operate differently from, the tabloid (or broadsheet) press which they regularly lampoon.
I will continue to monitor (so far as I am able) the CC proceedings and will, of course, pass on to my journalist contact anything useful. Knowing the investigative journalism pedigree of 'Private Eye', I think that she will be keeping an eye on this story.
The best way to progress it, I think, is through court reports, etc. Tabloid journalism won't help - it's too easy to discount.
dubs are working the housing estate where i live.
i was outside my house, applying some tlc to my old jag (worshiping worldly things?)..
one old guy, half a dozen middle-aged and upwards ladies.
Dubs are working the housing estate where I live. I was outside my house, applying some TLC to my old Jag (worshiping worldly things?).
One old guy, half a dozen middle-aged and upwards ladies. The 'pioneer shuffle', knocking on doors where it was evident no-one was at home was evident. And they shuffled off. Interestingly, it seemed as though the lady who gave me a leaflet (seemed younger than the rest, 45 or so, well-dressed, well-spoken, and in worldly terms worth giving one) seemed to be the leading light in the group.
It wasn't the right time, so I made no challenges (that's where the 'mea culpa' bit comes in). And, I have to ask myself, just how much interest/energy/enthusiasm do I have left to confront them? I had a recent success in getting 'Private Eye' to report their legal shenanigans in trying to delay the Charity Commission investigation and I'll do my best in that regard.
But - this door-to-door stuff, well,it's a joke. I said, of course, that "I was interested" but they obviously weren't. Just shove the leaflet and go. I was surprised they even called after my last experiences - I would have thought that I was marked as 'DNC' at least, 'Dangerous Apostate' at worst.
And I can't help but compare this latest 'Memorial' leaflet title: 'Millions Will Attend' with the infamous 'Millions Now Living Will Never Die'.
Are their memories so short, or do they just forget?
following on from the recent thread about wt losing an appeal concerning the uk charity commission (sorry, i can't do the link) i'm pleased to report that this matter is covered in the latest 'private eye' (20 march - 2 april issue).. it's a one-third page article (p.34) under the heading 'child abuse' and the headline 'silent witnesses'.
it reports the case accurately, mentions several criminal cases and the ongoing high court compensation case.
it includes some of judge mckenna's comments..
A very good article, I think. Concise but plenty of facts.
I was struck by the extent of the material covered by the production order. I wonder whether those 'outside parties' who contacted the CC helped to make them aware of what sort of stuff may exist.
following on from the recent thread about wt losing an appeal concerning the uk charity commission (sorry, i can't do the link) i'm pleased to report that this matter is covered in the latest 'private eye' (20 march - 2 april issue).. it's a one-third page article (p.34) under the heading 'child abuse' and the headline 'silent witnesses'.
it reports the case accurately, mentions several criminal cases and the ongoing high court compensation case.
it includes some of judge mckenna's comments..
CHILD ABUSE
Silent Witnesses
The Jehovah’s Witnesses were last week criticised by a judge for causing serious and unnecessary dealy to a Charity Commission investigation into the organisation’s safeguarding and protection procedures, which could have put children at risk.
The Charity watchdog launched an inquiry last June into the Witnesses’ governing body, the Watchtower Bible and Traqct Society of Britain (WBTSB) following historical sex abuse allegations and convuctions of senior members of the congregation.
In Manchester, convicted child abuser Jonathan Rose was allowed to question his victims after release from prison to see whether he should be allowed to return to the congregation. In Newcastle, three elders were accused of refusing to cooperate (until ordered to do so by a judge) with a police investigation and subsequent prosecution of Gordon Leighton, a ministerial servant (an assistant to the elders). He was jailed for 13 years for a series of assaults on a child.
Similar claims that elders destroyed evidence and refused to cooperate with police investigations into Mark Sewell, from Barry, south Wales, were made when he was finally jailed for 14 years for rape and child abuse last year. And in the high court, judgement is expected soon in a test case brought by a victim who was raped and abused for five years from the age of four by Peter Stewart, a ministerial servant in Leicestershire. She is suing the organisation for the post-traumatic stress and othe damage she says she has suffered because of its failure to protect her. If she wins her case (the Jehovah’s Witnesses claim they cannot be held liable for the individual actions of members), dozens of other similar claims are expected to follow.
As well as investigating the Jehovah’s Witnesses over safeguarding and their advice to individual congregation charities, the Charity Commission was seeking to probe the organisation’s administration, governance and management in a move which could see the congregation lose its charitable status. The commission also served WBTSB with a production order seeking disclosure of all documents recording allegations of abuse, and advice and guidance given in response, as well as minutes of meetings associated with child safeguarding.
The organisation was given 42 days to appeal to the Charity Tribunal but instead applied for a judicial review, arguing that the inquiry and production order were disproportionate and too wide, and that data may breach data protection laws and the human rights of people who may be identified. Last December the organisation was refused a judicial review, and last week the tribunal refused it permission to appeal against the enquiry because it was out of time.
Tribunal judge Alison McKenna said the WBTSB had been told repeatedly that an application for judicial review would fail ‘because parliament had created the alternative remedy of an appeal to the tribunal’. When asked why it had failed to launch an appeal on time, lawyers for the charity admitted: ‘We could have, but we didn’t’.
The judge said there had already been ‘significant and serious’ delay in the investigation and added: ‘I give weight to the fact that the inquiry and production order relate to safeguarding matters which could ... concern ongoing risks to people who are still children’.
Private Eye 1388, 20/3/15
Comments to follow
following on from the recent thread about wt losing an appeal concerning the uk charity commission (sorry, i can't do the link) i'm pleased to report that this matter is covered in the latest 'private eye' (20 march - 2 april issue).. it's a one-third page article (p.34) under the heading 'child abuse' and the headline 'silent witnesses'.
it reports the case accurately, mentions several criminal cases and the ongoing high court compensation case.
it includes some of judge mckenna's comments..