Xanthippie: Toole says he is aware of it now but he wasn't before! I find this incomprehensible. Surely a lawyer knows that concealing a crime is in itself a crime? All along I, as a person unfamiliar with the intricacies of criminal law, have nevertheless been thinking surely they are committing offences by concealing these crimes of child abuse.
The counsel for BCB and chair McClellan have just pointed out before the Commision adjourned that individuals all do have this obligation under Australian law aside from organisational mandatory reporting. I wonder now what will be the fallout from this?
I was astounded by Toole's lack of legal knowledge as well. The Commission is making a critical point. It is one thing to abide by mandatory reporting laws and quite another to conceal known crime.
Mandatory reporting pre-supposes that guilt has not been established, or even that a crime has been committed. It is mandatory to report allegations of abuse. The JWs do not do even that. They investigate and collect all those intimate detils about minor sex, first. And then they deal with the crime. Once they have established guilt, they still don't report the crime. This falls well outside the parameters of the mandatory reporting laws and it covers states that do not have mandatory reporting laws for child sex abuse. It is mandatory to report all crimes everywhere.
The JW judicial system need a complete overhaul. The WTS lawyers have admitted to their ignorance and lack of competency right in their own testimony. They should not be in charge of internal investigations.