And again we come to this confusion between Law Enforcement and Spiritual Counseling. It is not the job of elders to protect lay members from each other. They are not policemen, they are only spiritual counselors. The rules of proper 'case management' that apply to police do not apply to Witnesses. The rules of Law also do not apply to their Judicial meetings, because Law itself (real Law anyways) only deals with property rights and reparations for damages. The Witnesses are private parties engaging in voluntary discussion -- no property is damaged, no rights are violated and no force is used. They can and should be able to do as they wish so long as these conditions are satisfied.
No! Please re-read my post. I concede that the congregation can do what they like. I understand your point that the rule of law does not have to apply. I agree there is no compulsion to follow the practices employed by the law enforcement agencies and the judicary.
In principle I agree that the elders are not police, are just spiritual counsellers and if that is how the WTS allowed the congregation to operate then I would accept more readily your latter points. The problem is that the elders do end up operting like police. Most Witnesses operate with free will bounded not just by bibilical principles but by the rules and regulations of the WTS, enforced by the elders. There is implicit control but the WTS wants it both ways. They want outsiders to take your viewpoint however the way the congregation is run gives the BOE far more influence over their flock than your description implies.
WT Legal pulls the strings. The elders dance to their tune in matters like this. Oh that it were really voluntary - whatever the context and agenda of the women concerned, the only way they could see that individual considered for disfellowshipping is to do exactly what the BOE (in reality WT Legal in Mill Hill) told them to do. There would have been no negotiation, no compromise.
You can argue that this is the right of the WTS and I, as a liberally minded individual, agree with the principle however there is a growing body of best practice and exprtise on handling these types of cases that the WTS seems hell bent on ignoring. JUst becuase they don't have to follow legal process does not mean they cannot adopt methodologies that should better suppot both the accused and victim.