Watch Tower Society Facing Criminal Charges and Indictment in Australia

by AndersonsInfo 147 Replies latest watchtower child-abuse

  • Justitia Themis
    Justitia Themis

    A cursory glance seems to indicate that this is a "private" action being commenced, and all the legal documents I downloaded are signed by Mr. Unthank and not a government official.

    Additionally, the statute copied at the beginning of this thread is Mr. Unthank's opinion of how the statute could be interpreted and re-written to include the term "faithful and discreet slave."

  • flipper
    flipper

    BARBARA- Holy Moly ! I feel like this has a possibility of REALLY turning the screws of justice on the WT leaders in Australia. And from what I gather from reading it- if they don't want to play ball and honor the Working with Children act of 2005 - then by extension the Bethel GB members at New York would be implicated individually with possible criminal negligence ! Am I reading this correctly ? I hope so. The leaders of this organization have been too arrogant for far too long and too lax in protecting children from molesters. Bring it on. It's about time

  • skeeter1
    skeeter1

    This is from another country. Here's my initial take:

    1) A state in Austrailia wrote a basic law that required everyone who worked with children to get a special license (background check). The law was passed in 2005ish. It's purpose is to put the public at ease that everyone who works with children has had a background check, and if something comes up...the state can revoke the license.

    2) This law was required by all, from school teachers to ... even the Catholic church has obtained its licenses for its priests, nuns, choir directors, etc.

    3) The Watch Tower has it in its corporate charter and various other materials that it works with children. It preaches the gospel to children, meets children at the door, conducts Bible studies, oversees children in its ministry, and even in the construction of new buildings. Clearly, the Watch Tower is no more exempt from this law then the Catholic church.

    4) The Watch Tower has been put on notice that it is required to have these licenses for the CO's, DO's, MS's, Pioneers, Publishers, etc.

    5) The Watch Tower refuses to get the license or to tell the JDubs to get it. ...... This begs the question, "Why?" Theh law imposes fines and criminal liability for not getting it. So, why not get the license? What is the Watch Tower hiding in its ranks? Is it a pedophile ring?

    6) The government is supposed to ensure that the laws are followed. But, the Watch Tower has gotten a "get out of jail" card for free? Does the nice dress of Watch Tower officials and rank & file fool the government into thinking they are exempt? Is there corruption between the Watch Tower and the government?

    7) If the government looks the other way, can a private citizen enforce the law? This happens in the United States with 'citizen arrest' and it is available in both Australia and in its states, like Victoria

    Laws by country

    [edit] Australia

    The power to arrest is granted by both federal and state legislation, however the exact power granted differs depending on jurisdiction. The power to arrest for a Federal offence is granted by s.3Z of the Crimes Act 1914. [ 2 ] Under the Act, a person who is not a police constable may, without warrant, arrest another person if they believe on reasonable grounds that:

    • the other person is committing or has just committed an indictableoffence; and
    • proceedings by summons against the other person would not: ensure the appearance of the person before a court in respect of the offence; prevent a repetition or continuation of the offence or the commission of another offence; prevent the concealment, loss or destruction of evidence relating to the offence; prevent harassment of, or interference with, a person who may be required to give evidence in proceedings in respect of the offence; prevent the fabrication of evidence in respect of the offence; or would not preserve the safety or welfare of the person.

    A person who arrests another person must, as soon as practicable after the arrest, arrange for the other person, and any property found on the other person, to be delivered into the custody of a constable.

    [edit] Victoria

    In the Australian state of Victoria, the power to arrest is granted in section 458 of the Crimes Act 1958 (Vic). [ 3 ] It states that a person may, without a warrant, arrest a person that they find committing an offence for one or more of the following reasons:

    • to ensure the appearance of the offender in court, and/or
    • to preserve public order, and/or
    • to prevent the continuation or repetition of the offence, or the commission of a further offence, and/or
    • for the safety or welfare of the public or the offender

    A person may also arrest another person if they are instructed to do so by a member of the police force, or if they believe on reasonable grounds that they are escaping legal custody.

    Section 461 states that if an arrest is made under 458 of the Crimes Act, and is later proven to be false, then the arrest itself won't be considered unlawful if it was done so on reasonable grounds. Section 462A allows any person the right to use force ‘not disproportionate to the objective as he believes on reasonable grounds to be necessary to prevent the commission, continuance or completion of an indictable offence or to effect or assist in effecting the lawful arrest of a person committing or suspected of committing any offence’.

    So, it appears that Mr. Unthank is making a citizen's arrest on the Watch Tower/elders/etc for not complying with this child license/background check act! This will garner the attention of the media, most likely. How can the politicians and/or police ignore it then?

    As for the "Jehovah and Jesus" language, well it reads darn strange to me as a US citizen where separation of Church and State has even taken out swearing on the Bible as part of taking the perjury oath. But, perhaps in Austrailia which is based more on the King of England's common law where the King got his authority from God? But, it's just strange for me to read that part of the website quoting all the bible verses!

    Skeeter

  • steve2
    steve2

    Please, Lady Lee, pick your jaw off the ground; it's not a nice look. A careful reading shows this is a private individual's manoeuvre that has extremely little chance of going ahead and if it does proceed, will have little crown authority over the Watchtower Society in the USA. You'll note that the latest date for compliance with the Victorian act was July 2008 - almost 3 years ago. That no prosecuations have ensued suggests this ain't the news blast it's claimed to be. I'd also suggest that it probably isn't just the JWs who have failed to comply.

  • AndersonsInfo
    AndersonsInfo

    Yes, Justitia it appears you are right but Australian law allows for this type of action, or so I'm told. I was also told that Mr. Unthank acts as "prosecutor" too which to me is very unusual as compared to US laws. It is confusing and that's why the personal replies from politicians to Mr. Unthank were included that seem to indicate that what he has done is acceptable. One thing for certain, the Watch Tower is in non-compliance with the law since 2008. I looked on the Internet to see if I could find out what the other religions have done in this regard and they have complied. Why Watch Tower hasn't is a mystery. Perhaps we will be hearing their reasons for not doing so if they have to appear before an Australian magistrate.

    Posting this information about "The Submission 2011" was sure to generate many comments and questions here on JWN, but it is news that surely would interest all of us and to see if it has validity.

  • jwfacts
    jwfacts

    Steve2, there are 700,000 people in Victoria that hold WWC cards, and according the Steven the only religion not to have applied for them. Baptists as an example have a very well defined process to ensure that their ministers comply with this law. Since Steven has confronted the Watchtower about this some years ago, I am sure the Watchtower has good reasons for why it has not complied. What will be interesting is whether:

    1. the Watchtower's legal teams reasoning holds up in court
    2. how the media feel about the Watchtower deciding not to get these cards when other religions do

    It was in shortly after this Victorian rule was introduced (and as a direct result) that Witnesses stopped conducting Scripture classes in Australia due to their unwillingness to comply. It says volumes about how the Watchtower is trying to keep the secrets of its Ministers out of the spotlight, in favour of doing what is best for its children.

  • skeeter1
    skeeter1

    In looking at this act, it's implications are not small and the Australian legislature recently agreed with the Act Victoria has given out over 700,000of these notices! That's alot of people who are complying with this law. This law is being phased in, and many chuches, schools, sporting clubs, etc. have complied.

    I am definately not going to diss this idea that the Watch Tower is not culpable. Clearly, in reading the law and webpages on this subject, the Watch Tower falls under the law. And, alot of other Victorians are getting their license!

    Statistics

    The Working with Children (WWC) Check commenced April 2006. Statistics for the period 3 April 2006 to 31 December 2010 are as follows:

    • Number of WWCCU Assessment notices issued 702,924
    • Number of Interim Negative Notices issued 881
    • Number of Negative Notices issued 614
    • Assessment notices issued following a review by VCAT 54
  • skeeter1
    skeeter1

    Related orking with Children Act 2005

    Return to normal view

    What is Checked

    The Working with Children(WWC) Check involves:

    1. a national police records check
    2. a review of findings by specified professional disciplinary bodies (currently the Victorian Institute of Teaching and the out of home carers Suitability Panel. Other professional bodies will be included in the future).
    3. consideration of any relevant determination by the Victorian Civil and Administrative Tribunal under the Health Professions Registration Act 2005.

    Broadly, the criminal offences of most significance for a WWC Check are:

    • serious sexual offences
    • serious violent offences
    • serious drug-related offences
    • offences against the Working With Children Act 2005 itself.

    The national police records check may reveal criminal history information held by police in Victoria and other States and Territories. Further information can also be sought from other bodies, such as the courts, Corrections Victoria, the Department of Human Services and employers. This information can include circumstances where a court has:

    • made a formal finding of guilt in relation to an offence
    • convicted you of an offence
    • accepted a plea of guilt from you
    • acquitted you of an offence because of mental impairment.

    It can also include information about:

    • any spent convictions you have
    • convictions and findings of guilt from when you were a child (aged under 18)
    • any charges which are pending against you
    • the circumstances surrounding any of these charges or convictions.

    ....

    What strikes me the most, is that the government has access to your public health records. Tell a psychologist you dream of little Johnny, and you would be denied a card....

    What strikes me also...is that the Watch Tower doesn't want to comply with this law. Like a child who doesn't want to show his parents the report card, the Watch Tower doesn't want to show the government their peoples' records.

    Perhaps the Watch Tower is viewing this as a draft card or giving the government too much information on who is a JW...becuase they fear the government may one day use it to round them up! Perhaps that is the GB's fluff reason, and the real reason is that they know alot of the elders and rank & file will not pass the check.

    Skeeter

  • steve2
    steve2

    I promise to stop yawning when I see action. Compliance was expected in mid 2008. That's almost 3 years of non-compliance and still no action by the courts. That it falls upon a private individual, rather than a state body, to take it to court shows how hands-off the Australian government is. There is a world of difference between a religion refusing to comply and refusing to comply because it's got something to hide. The interesting thing is how a private individual - and not the police or state government - will try to prove the Watchtower Society has got something to hide.

  • Justitia Themis
    Justitia Themis

    that Witnesses stopped conducting Scripture classes in Australia

    What are scripture classes? Where are they held? Are they personal bible studies or something at the KH?

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