https://www.thepress.co.nz/a/nz-news/350089389/jehovahs-witnesses-care-outside-scope-abuse-inquiry-court-told
"Jehovah's Witnesses 'care' outside scope of abuse inquiry, court told
Wellington higher courts reporter
October 11, 2023
Jehovah’s Witnesses say five claims made against elders are not within the scope of the abuse in care inquiry, but it can’t forestall what will happen about other claims it knows exist but remain confidential.
Survivors have not yet given permission for the extra claims to be disclosed to the Jehovah’s Witnesses, so a court challenge to the way the abuse in care Royal Commission of Inquiry is interpreting the scope of its work can only cover the claims disclosed so far.
Jehovah’s Witnesses were not asking to be “released” from the inquiry but did say nothing so far brought it within the terms of reference description of a faith-based institution assuming responsibility for the care of anyone.
The faith did not run schools, camps or assume responsibility for care in any other way, lawyer Sarah Jerebine told Justice Rebecca Ellis at the High Court in Wellington on Wednesday.
However, last month the scope of the inquiry was clarified “for the avoidance of doubt” to cover faiths assuming care for individuals in informal and pastoral care relationships. The judge was told her decision would also affect claims against other faiths.
Jehovah’s Witnesses said last month’s clarification was invalid but lawyers for the attorney-general have defended it.
The faith group did not challenge the evidence to the inquiry from a former Jehovah’s Witnesses elder who said people trusted him and left their children with him. Jerebine said that did not amount to the faith assuming responsibility for the care of anyone.
Jehovah’s Witnesses’ policy was that parents should not leave their children with elders. The five claims against elders were in a family setting or friend of the family context and none described abuse in care that came within the scope of the inquiry, she said.
It was fair for claimants to have a process to meet their situation but the abuse in care inquiry did not cover abuse in trust-based relationships, she said.
The inquiry is due to start a process at the end of the month seeking comment from any person or group facing adverse findings.
It had a deadline of March 28, 2024 to release its report and recommendations.
The inquiry was represented at the court hearing in Wellington this week but its lawyer Simon Mount, KC, said it was only present to assist the court and did not take an active part.
It took seriously its duties to be even-handed and fair, he said.
Justice Rebecca Ellis reserved her decision. Dozens of people were in the court’s public gallery for the hearing and she thanked them for their attention to the case, acknowledging that not all were “in the same boat”.
- The Post"