NEWS - VICKI BOER CASE - Canadian Press - Sep 22

by hawkaw 20 Replies latest watchtower child-abuse

  • hawkaw
    hawkaw

    This was article is also found in the Toronto Star internet site. I am unclear if or when it will be in the Toronto Star paper. You should find this article in numerous papers Canada wide today. There is also something huge happening today with repesct to the press and Vicki's case. All I got to say is - enjoy.

    hawk

    http://ca.news.yahoo.com/020922/6/p3v9.html

    Sunday September 22 2:59 PM EST

    Closing arguments to begin in Jehovah's Witness lawsuit; sexual coverup alleged
    By JAMES MCCARTEN

    TORONTO (CP) - They sit in the gallery like guests at a wedding, as neatly divided by their spiritual beliefs and lifestyles as the two sides in the legal battle they're in court every day to witness.

    On one side sit dozens of Jehovah's Witnesses, meticulously groomed men and women - many clad in crisp, conservative business attire - on hand to support their church as it defends its doctrine.

    On the other side are the friends and family of Vicki Boer, a former Witness who is suing the church and three of its elders for their handling of her allegations of sexual abuse nearly 15 years ago.

    Until Thursday, their ranks included Grace Gough, a devout Jehovah's Witness for 20 years before she devoted her life to helping others escape what she considers little more than a cult.

    "I couldn't have gone and sat through any more of it, even if I tried," Gough, 75, said Friday from her home in Fergus, Ont., where she runs a support group called Cult Awareness and Recovery.

    "I just can't believe in this."

    For two weeks, an Ontario Court justice has been getting a crash course in the ways of the Witnesses as Boer squares off against a church that shaped her life for more than 20 years.

    Final arguments are expected to begin Monday.

    Boer alleges the defendants - elders Steve Brown, Brian Cairns and John Didur, as well as the Watchtower and Bible Tract Society of Canada, the church's governing body - failed to get her adequate treatment for the abuse she suffered at the hands of her father between the ages of 11 and 14 in the family home in Shelburne, about 100 kilometres northwest of Toronto.

    Rather than immediately notify the Children's Aid Society and allow Boer to seek counselling outside the church, she was required, according to Biblical principles, to confront her father and allow him to repent his alleged sins, the suit alleges.

    Elders Brown and Cairns were more concerned about the "clean image" of their faith than they were about Boer's well-being, said Harald Momm, one of the five elders who resigned their positions over the case.

    "They didn't want to have anything to do with the law of the land ... they wanted it kept quiet, and we didn't agree with that," Momm told court last week.

    "This has been going on for 13 years and all I ever got out of it is: 'It is important to keep a clean image. Never mind about the victims.'"

    During the final weeks of 1989 and early months of 1990, controversy raged within the Witness community in Shelburne over Boer's complaints, particularly among the eight elders charged with overseeing the congregation.

    Momm and four others argued that Ontario law required them to immediately report a case of sexual abuse and allow the alleged victim to seek medical help and psychiatric counselling.

    Eventually, the case was reported to Children's Aid and the police, although no charges ever ensued.

    Meanwhile, with the remaining elders convinced of his "spiritual repentance," Boer's father, Gower Palmer, rose through the ranks and enjoyed a level of privilege within the congregation normally reserved for the most respected members, said Momm.

    Palmer, 58, continues to live in Shelburne and has never been criminally charged. Colin Stevenson, who represents the defendants, argued that a childhood of sexual abuse at the hands of her father, not the ways of her church, sent Boer down the rocky path that has been her adult life.

    Stevenson confronted Boer with a litany of problems - job insecurity, sexual dalliances, emotional turmoil - that have plagued her in the years since leaving the family she says abandoned her.

    None of them - sexual harassment on the job, being ostracized by friends and her mother, a nervous breakdown and marital troubles, including a variety of extra-marital affairs - are the fault of the church elders whom she alleges failed to deal properly with the abuse, Stevenson argued.

    But Boer stood her ground, wiping away tears as she insisted none of it would have happened had she been allowed at age 18 by the church to get psychiatric and medical help.

    With her military husband overseas, she had a nervous breakdown "because my husband was gone and because my family had disowned me; I was being blamed, and everything I knew in my life was gone," she sobbed.

    "If things were done properly, none of this would have happened. My mother wouldn't have hated me and I wouldn't have been left alone."

    While victims of sexual abuse normally aren't identified in public, Boer has agreed to allow her name to be publicized as part of her effort to promote what she alleges in abuse within the confines of the church's congregations.

    As part of their beliefs in a strict interpretation of Bible teachings, Jehovah's Witnesses reject anything political or "worldly" that distracts from their focus on Christ and the second coming, which they consider imminent.

    Birthdays, secular holidays and Christmas are not celebrated; children are often required to leave class during the Lord's Prayer and the national anthem, Boer said.

    And anyone who runs afoul of the religion's strictest tenets will find themselves excommunicated, or "disfellowshipped," often to such an extent that they're shunned by their own family.

    For her part, it's been years since Gough saw her 56-year-old daughter or 18-year-old granddaughter, both Witnesses, because of the church's notorious tradition of turning a cold shoulder to outsiders.

    Describing herself as "having a relationship with Jesus Christ," Gough now quotes Karl Marx - "religion is the opiate of the masses," she says - and shuns organized religion in all its forms.

    "I do believe (Marx) was right there, and I do believe religion does more damage than anything," Gough said.

    "I think when a person does as Christ said, to love one another - 'love thine enemies, pray for those who hurt you, pray for those who persecute you' - I think that's it, and I've been praying for that a lot".

    Edited by - hawkaw on 23 September 2002 12:17:37

  • sunshineToo
    sunshineToo

    Thanks, hawkaw, for the update.

    What a mess! How are other Canadians responding to this case? Are they paying attention at all?

  • biblexaminer
    biblexaminer

    This has got alot of dubs disturbed.

  • hawkaw
    hawkaw

    I just got news from the CBC. Unfortunately due to other news, CBC national will NOT be covering the close of the trial. Instead they will cover the trial when a verdict is reached. That will be in a few weeks to a few months.

    Sorry about that folks. we were all set to go and then I had the rug pulled out.

    I also called the Toronto Star -Foreign/National desk to see if I can get this story, which is running on their internet site into their paper. It's a tough sell but someone's got to do it.

    The trial is continuing as we speak. Frank Toth should be taking the stand soon.

    hawk

  • outnfree
    outnfree

    Oh, wow! THAT should be interesting!

    Good for (((((Frank!))))))

    hawk,

    Turned on the noon news on CBC Windsor in response to your above hint, and am getting a hilarious spoof of the Canadian Media as part of the 50 yrs. of CBC celebration. Might be a good diversion for a little while?

    out

  • hawkaw
    hawkaw

    Got a quick update from expat.

    He and Had Enough will likely give you guys a thorough discussion of their observations on this morning's court later.

    But, even though the CBC national didn't show up, at least 6 other members of the lamestream press did.

    John Burns testified on behalf of the WTS. He aparently works in Bethal legal and was smooth on evidence in chief (bringing out the directive's and discrediting other witnesses for the plantiff) and Mr. Mark didn't do a great job on cross examination of him. Then Frank Toth took the stand for Vicki's side. He rambled on about the shunning and stuff at the beginning and had to be stopped by the judge to get on with it. Seemed like he had a grudge to settle (didn't look good folks). He did mention he observed some letters from WTS Canadian Bethal directing traffic on the case but that was about it. And WTS lawyers brought up the fact he "disassociated" himself from the Church and didn't really go into more cross examination on him. I don't know if he helped Vicki if at all.

    Mr. Mark then started closing summations. Seemed like the judge had to help Mr. Mark get his points out as to what was the "theory of negligence" he was using and what were the violations of the standard of care. This afternoon Mr. Mark will go into detail in the standard of care problems (ie. not forthwith reporting and making Vicki go to the "confrontation"). I hate it when the judge has to help a lawyer like this.

    Tomorrow or later this afternoon the WTS lawyer goes on sumation and then Mr. Mark may have rebuttal.

    Like I have said folks - this is a very tough case to win (I say she has got a 45 % chance) but at least Vicki is giving it her best shot.

    hawk

    Edited by - hawkaw on 23 September 2002 14:30:44

  • Commie Chris
    Commie Chris

    Thanks for the update Hawk. I just returned from the Arctic and will call Vickie tonight. This case can be won, but it is essential that Mr. Mark present a clear, concise, well-researched closing argument on the law of fiduciaries and the standard of care. I hope he can pull it off.

  • hawkaw
    hawkaw

    Chris,

    I would like exp. to really post his discussion but the Judge made a point to Mr. Mark that she cannot rule on any doctrine because the freedom of relgion clause in our constitution recognizes the fact that secular courts cannot determine whether a doctrine is right or not. Thus, is the "confrontation" right or wrong is not an issue for the court to address.

    Of course I have known that for years just like you have and I am sure glad the judge has recognized this too. That will help in any errors to be brought out in appeal if Vicki does manage to pull it off.

    But the Judge did suggest to Mr. Mark that its all about the "process". Did the process of determining the guilt and punishment for Gower Palmer, harm Vicki?

    Judge 1, WTS 0, Mr. Mark - not quite in the game yet.

    Of course did Vicki have to go to the confrontation? Did Vicki have to rely on the elders? Do the elders have a duty? All big questions that the judge must answer and Mr. Mark needs to address.

    If you get a chance get down to the court house today. The place is packed but you may be able to give the man some help.

    hawk

  • expatbrit
    expatbrit

    Hi guys:

    I think Hawk covered most of the major points from this morning. I will type up some notes and add them to the thread later. At the moment my head is just spinning with what happened today and stuff I've subsequently learned.

    CHRIS! Welcome home from the Arctic. Please do what you can to assist Mr Mark. At the moment, I just don't know which way things are going, but I was more optimistic yeasterday than today, after the plaintiffs "surprise" witness.

    Expatbrit

  • waiting
    waiting
    Of course did Vicki have to go to the confrontation? Did Vicki have to rely on the elders? Do the elders have a duty? - hawk

    In South Carolina, the answer to the first two questions are an emphatic YES.

    Yes, she had to go to the confrontation with her father. The elders are taking a biblical stance - and if she wished to continue the process of reporting her father to the Theocratic Authorities.....she HAD to play by their rules. Period.

    Yes, if Vicki was an average JW, she would have to have relied on the elders for her personal situation - and with the wish to report the scuminess of her father's actions.

    "Do the elders have a duty?" Obviously, the WT is saying only a "spiritual duty" towards victims. At least, when the victim commits suicide, they can say that the dead person was trying to be spiritual until her death.

    My sincerest respect goes to Vicki for enduring this monstrosity against her. Her father, her mother, her family, her friends, her congregation, her religion, lawyers, opposing psychologists. Everyone raping or shunning her.......all over again.

    Her strength is remarkable. I really don't believe I could do it.

    waiting

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