This repeated JW statement that Jah is using Elders as shepards of His flock, even including those that abuse the sheep, brings back to mind the Marvin Shilmer thread in which MS refused to publicly acknowledge the legal principles I was trying to direct him to. (He was making an issue out of a non-issue or at least small issue.)
I gave up in that thread.
Under American "Agency" law, just because the Agent acts outside the bounds of their Principal-granted authority they do not necessariy cease to be Agents at that point.
One instance is where the Principal becomes aware of the Agent's acts and fails to do anything about such. The Principal is then responsible for that misdeed and any future misdeeds.
Another instance is where the Agent acts beyond the Principal-granted authority, but the third parties whom the Agent is dealing with have good reason to assume that the Agent is actually acting within the authority limits. This is called "apparent agency" because the third parties reasonably believed the act to be within the agent's authority level based on past experience.
This is why Bodies/Committees of Elders will ALWAYS be considered AGENTS of the WTS. MS doesn't have to jump through hoops to prove such. Since Elders are appointed by the WTS, and any committee or other group is acting on behalf of the WTS, and WTS teachings are such that the R&F are required to follow the Elders directions subject to penalty, THEN EVEN IF such a group fails to follow WTS directions, the WTS is LEGALLY LIABLE for the results caused by those Elders' mistakes.
Now, to the point in this thread. By the same application of American Legal principles, (and per JWism), ELDERS are Agents of Jehovah. If Jah sees an elder mistake and does not correct it, He is responsible. IF He allows the mistake to contiue, He is responsible for those. Even IF elders act beyond Biblical bounds, Jah is responsible to those harmed, since those third parties have been taught that the Elders must be followed. So, per JWism and "agency law", Jah AND the Elders are Legally Liable for harm caused by Elders acting as Agents of Him or the WTS, EVEN IF the Elders are acting outside the bounds of their authority.
Thus, even when Elder bodies/committees fail to follow WTS directions, the Elders are still considered "agents" of the WTS, and the WTS is Legally Liable for the harm they cause.
However, this is Strictly a consideration of the "Agency" issue. In the Berry and other similar cases, there are many other issues which must be considered in reaching a final decision, not the least of which are the US Constitutional issues. It is these larger issues which MAY prevent the Berry case from succeeding.