Royal Commission Case Study 29 (Jehovah's Witnesses) — Hearing Transcript, Day 147 (2015)

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ROYAL COMMISSION INTO INSTITUTIONAL RESPONSES TO CHILD SEXUAL ABUSE

Public Hearing - Case Study 29 (Day 147)

Level 17, Governor Macquarie Tower Farrer Place, Sydney

On Monday, 27 July 2015 at 10am

Before The Chair: Commissioner:

Justice Peter McClellan AM Professor Helen Milroy

Counsel Assisting:

Mr Angus Stewart SC

27/07/2015 (147)

15129 Transcript produced by DTI THE CHAIR: Yes.

MR STEWART: Your Honour, appearances? Stewart is my name, as your Honour and Commissioner Milroy know. I'm assisted by Joanna Blair and James Pender, solicitors assisting the Royal Commission.

MS GALLAGHER: I appear for [BCB], your Honour.

THE CHAIR: You have leave?

MS DAVID: David. I appear for [BCG].

THE CHAIR: And you have leave?

MS DAVID: I do have leave, your Honour.

MR TOKLEY: May it please the Commission, I appear with my learned friend Mr Gibson. I appear for the Watchtower Bible & Tract Society of Australia and also the witnesses Mr O'Brien, Mr Spinks and Mr Toole.

THE CHAIR: You have leave. Is there anyone else?

MR COYNE: Yes, Commissioner, I appear with Ms Tringali for the following witnesses: Max Horley, Doug Jackson, Joe Bello, Dino Ali, Kevin Bowditch, Ron de Rooy and Allan Pencheff.

THE CHAIR: You have leave.

MS McGLINCHEY: I have authorisation to appear for Mr Monty Baker.

THE CHAIR: Yes, you have leave.

MS McGLINCHEY: Thank you.

MR STEWART: Your Honour and Commissioner, this is the 29th public hearing of the Royal Commission. This case study concerns the response of the church of the Jehovah's Witnesses and its corporation, the Watchtower Bible & Tract Society of Australia, to reports of child sexual abuse within the Jehovah's Witness Church in Australia.

This case study will explore the experiences of two survivors of child sexual abuse and the Jehovah's Witness Church's response to their complaints of sexual abuse whilst they were members of the Jehovah's Witness Church.

The case study will also involve an examination of the systems, policies and procedures in place within the Jehovah's Witness Church and Watchtower Australia for responding to allegations of child sexual abuse, and the mechanisms in place to prevent child sexual abuse within the Jehovah's Witness Church.

As will be seen, the Jehovah's Witness Church is a tightly controlled, rule-bound organisation, that seeks to keep its members in relative isolation from the rest of society. It has rules drawn from its own version of the Bible for, amongst other things, personal presentation, the avoidance of involvement in extra-curricular activities at school, maintenance of the constant awareness of the dangers of bad associations in the secular world, who is in the church and who is out of the church, and for family and home life.

For example, church doctrine places the father as head of the family with authority over his wife and children. The wife's role is that of helper or complement. The church teaches its members to be in subjection to it in all aspects of life.

The Jehovah's Witness Church is preoccupied with sin and sinning. If a congregation member becomes aware that another member has committed a serious sin, such as, as it is put, "fornication, adultery, homosexuality, blasphemy, apostasy, adultery and similar gross sins", he or she is obliged to report that to the congregation elders. In the case of lesser sins as between members, the church prescribes the steps that must be taken to reach a resolution. The more serious sins must be investigated by the elders who must pass judgment on the accused and his or her degree of repentance for the sin.

It is a system in which a group of men who are appointed from above, not by the congregation, stand in judgment over their fellow men, women and children on every aspect of their lives.

The result of this active involvement of the church in every aspect of the lives of congregation members is that there is no meaningful distinction between family and church.

The family is part of the church and what happens in the family is governed by the church.

During the investigation of this case study, Watchtower Australia produced some 5,000 documents pursuant to summons issued by the Royal Commission on 4 and 28 February 2015. Those documents include 1,006 case files relating to allegations of child sexual abuse made against members of the Jehovah's Witness Church in Australia since 1950 - each file for a different alleged perpetrator of child sexual abuse. Royal Commission officers have analysed the case files and have recorded the outcomes of their analysis. The results of the analysis, together with the experiences described by two survivor witnesses, illustrate the practical application and effect of the church's policies and directives in relation to handling of complaints and managing the risk of child sexual abuse. I will say more about the results of that case file analysis a little later.

The facts identified in these submissions are drawn from witness statements and documents that will be tendered or from testimony that is expected to be given during the public hearing. It is not expected that these facts will be particularly in contest. They are set out here as a guide to the evidence that will be led.

I will structure the submissions going forward in three parts. Firstly, I will address the background to the Jehovah's Witness institution. I will then consider the child sexual abuse policies and procedures of the Jehovah's Witness Church, and finally, I will consider the child sexual abuse survivors in the church and, in particular, those who will give evidence in this study.

So, turning, then, to the background to the church as an institution, the Jehovah's Witness Church was founded towards the end of the 19th century in Pennsylvania by a small group of bible students led by Charles Taze Russell. Russell had become disillusioned with mainstream Christianity, which he argued had strayed from the first century vision of Christianity described in the Bible. Between 1870 and 1879, Russell distributed his group's first century interpretation of the Bible through a periodical that is now called "The Watchtower - Announcing Jehovah's Kingdom". In 1884, the Zion's Watchtower Tract Society was incorporated and carried on the business of publishing and disseminating millenarian literature - that is, literature based on the belief that the end of the world is imminent.

Today the religion has a worldwide presence of 8.2 million active members in 239 countries. Over the last 25 years, the active membership of Jehovah's Witnesses worldwide has increased from 4 million members in 1990.

The Jehovah's Witness Church has been active in Australia since 1896, with a branch office first established in 1904. The Australia branch office is based in Sydney and coordinates the activities of all congregations in Australia, New Zealand and some other islands.

The primary legal entity used by the Jehovah's Witness Church today is the Watchtower Bible and Tract Society of Pennsylvania. The headquarters of Watchtower Pennsylvania is in Brooklyn, New York, and is known as "Bethel", meaning "House of God". The activity of Jehovah's Witnesses worldwide is overseen by the Governing Body. The Governing Body is a council of eight men based at the headquarters in Brooklyn. It is at the apex of a highly centralised and hierarchical structure.

The Jehovah's Witnesses believe that the teachings promulgated by the Governing Body are based on God's word, and not devised by men. Teachings take the form of the Awake! and Watchtower magazines, letters containing directives to branch officers and elders, handbooks and other publications.

The Governing Body supervises more than 90 branches worldwide. A branch office is the headquarters for the Jehovah's Witness Church in a particular country or region and is also referred to as "Bethel".

Each branch office is supervised by a branch committee, which oversees districts within the branch. The Australia branch office is represented around Australia by circuit overseers who have pastoral responsibility for about 20 congregations - that is, a circuit. A circuit overseer travels weekly to different congregations in his circuit and is responsible for, among other things, ensuring that each congregation is complying with all theocratic direction given by the Governing Body. By "theocratic", I mean a form of government in which God is recognised as the supreme civil ruler.

Congregations form the basic organisational unit of the Jehovah's Witness Church. Each congregation is overseen by a Body of Elders. Each congregation in Australia is, in the legal sense, a voluntary association, and is registered separately as a charity.

There are currently 817 congregations in Australia with over 68,000 active members. Over the past 25 years, the active membership of the church in Australia has grown 29 per cent from approximately 53,000 members in 1990. In the same period, Australia's population growth has been 38 per cent.

The Australia branch office relevantly comprises the following structures: first, a branch committee, an ecclesiastical Body of Elders that oversees and manages the operation of the Australia branch office; second, the legal department; and, third, the service department, which cares for all aspects of the spiritual activities of the Jehovah's Witness Church.

The function of each of the above structures is relevant to the Royal Commission's examination of the Jehovah's Witness Church's response to child sexual abuse in its ranks. The Royal Commission will hear evidence from three institutional witnesses who serve in each of these structures.

Terrence O'Brien is the coordinator of the Australia branch and a director and secretary of the Watchtower Bible & Tract Society of Australia. He has actively served with the Jehovah's Witness Church for 40 years. Mr O'Brien will give evidence regarding the history and organisational structure of the Jehovah's Witness Church and he will provide an administrative perspective on the organisation's approach to the prevention and handling of child sexual abuse within Australia.

Rodney Spinks is the senior service desk elder who has served in the service department since January 2007. He is specifically responsible for inquiries related to child sexual abuse and for assisting congregation elders to implement the Australia branch office's guidelines for handling child abuse allegations and providing victim support.

Mr Spinks will give evidence about the role of the service department in processes that relate to handling complaints of child sexual abuse in the Jehovah's Witness Church in Australia.

Vincent Toole is a solicitor who has, since 2010, overseen the operation of the legal department of the Australia branch office. Mr Toole will give evidence regarding the role of the legal department in responding to allegations and managing the risk of child sexual abuse within the Jehovah's Witness Church in Australia.

The Watchtower Bible & Tract Society of Australia is the legal entity which facilitates the production and distribution of Bible-based literature for the church throughout Australia. Watchtower Australia is a public company limited by guarantee and a registered charity.

Within each congregation, the members comprise elders, ministerial servants and publishers. A male publisher can make spiritual advancement by becoming a ministerial servant and then an elder.

Congregational responsibilities are split between elders and ministerial servants. Elders and ministerial servants are volunteer roles taken up by those men who have been actively involved in the congregation for a period of time. The Royal Commission will hear that the Jehovah's Witness Church does not have a salaried clergy and therefore considers that it has no employees. Appointments are based on scriptural qualifications and there is prescriptive guidance as to how a ministerial servant and an elder should serve, act and behave at all times.

Each congregation is overseen by a Body of Elders. Elders are appointed to shepherd the congregation and oversee spiritual matters. Their primary responsibilities include organising field work or door-to-door preaching, running congregational disciplinary committees, leading the congregation services and Bible studies and attending to the pastoral care of the congregation. It is said that elders must be experienced men who have displayed a pattern of integrity in their lives over a period of time as ministerial servants.

Ministerial servants predominantly provide administrative support and practical assistance to the elders and service to the congregation. They care for organisational tasks, such as acting as an attendant at congregation meetings, handling sound equipment, distributing literature and managing congregation accounts and general maintenance at the Kingdom Hall.

Members of the congregation are called publishers and call each other "brother" and "sister". Publishers may be baptised or unbaptised. Baptism is the symbol of the publisher's dedication to Jehovah. Unbaptised publishers are those who have not been baptised but have been given approval to join the congregation's formal ministry and to identify themselves publicly with the Jehovah's Witness Church.

Publishers who wish to devote many hours to field service preaching may be appointed as pioneers. Regular pioneers are exemplary congregation members who have volunteered to spend a certain amount of time in the public preaching activity each month. Special pioneers serve full time in preaching work and are selected from experienced, long-serving regular pioneers.

The evidence will show that the key imperative belief of the Jehovah's Witness Church is that the Bible is the inspired word of God. This means that Jehovah's Witnesses interpret the Bible literally and take living in accordance with Bible principles extremely seriously. It is expected that evidence will be given that the Jehovah's Witness Church is strongly theocratic, meaning that "almost all internal organisational rules as well as teachings are strictly based on biblical prescriptions on how best to live according to God's plans".

The English High Court has recently recognised that "[t]his distinguishes them from other religious denominations who use the bible to shape thinking, guide behaviour and teach lessons but do not use it directly to set policy and religious practices".

Being a Jehovah's Witness is a way of life for all members. The evidence will demonstrate that devotees are expected to adhere to all doctrines established by the Governing Body. These are a pervasive influence over almost every conceivable sphere of daily life. The strict code of moral conduct by which all members strive to live based on the scriptures is enforced by the highly formalised disciplinary process for dealing with wrongdoing within the church and its jurisdiction over all aspects of the life of Jehovah's Witnesses.

The Royal Commission will hear evidence of how a uniform set of doctrines prescribed by the Governing Body unites devotees in a tightly bonded community and separates them symbolically from the outside world. The Jehovah's Witness Church is a world-renouncing theology. Jehovah's Witnesses are counselled to keep separate from the world and to beware of secular associates who have no love for Jehovah. Further, the Royal Commission will hear evidence from two survivor witnesses who will say that they were not permitted to associate with people outside the Jehovah's Witness community and that non-Jehovah's Witnesses are referred to as "worldly people" and, as it is put, "not in the Truth".

The Royal Commission will hear evidence that separateness from the world is reinforced by various policies of the Jehovah's Witness Church. Jehovah's Witnesses are encouraged to strictly adhere to biblical principles to the exclusion of all else, including pursuit of further education. Jehovah's Witness parents are encouraged to school their own children in matters of sex education, because the alternative of school-based sex education is considered likely to result in immorality. The general practice of the Jehovah's Witness Church is to deal with allegations of child sexual abuse internally, without reference to secular authorities.

The Royal Commission will hear that the Jehovah's Witness Church is a millenarian Christian religion, meaning that they believe that the end of the world is near. Mr O'Brien will give evidence that the Jehovah's Witnesses have a doctrinal understanding of Bible prophecies regarding the "conclusion of the system of things", as it is put, which is also referred to as "the last days". Documents will be tendered which show that Jehovah's Witnesses believe that the only way to finally end child abuse is to, as they put it, "embrace God's Kingdom under Christ" and to "love God with all your heart and your neighbour as yourself" so as to be saved when the end comes.

The Royal Commission will receive evidence that all members are expected to teach and can lead bible study. Bible study is conducted in a variety of ways, including by house-to-house ministry or on the street. Mr O'Brien will give evidence that members evangelise to glorify God and are instructed to go and make disciples of all people. Jehovah's Witnesses view evangelising as a personal responsibility and the extent to which they engage in this activity is a personal decision that they make as an expression of their love for God.

Jehovah's Witnesses worship and praise Jehovah by attending organised meetings, bible study, Theocratic Ministry Schools and field service. Jehovah's Witness meetings are generally held in a place of worship called "Kingdom Hall". The Royal Commission will hear that each week, Jehovah's Witnesses around the world study the same passages in The Watchtower as directed by the Governing Body in preparation for the same program of worship at Kingdom Hall.

Documents will be tendered which show that Jehovah's Witnesses are counselled to demonstrate submission to Christ's headship by obedience to the elders, who are taken to be controlled by God for the purposes of accomplishing Jehovah's will. Mr O'Brien will give evidence that Jehovah's Witnesses accept the divine standard that "the head of every man is the Christ, in turn the head of a woman is the man".

The evidence will reveal that this belief is reflected in the patriarchal structure of the institution, where men hold positions of authority within congregations and headship in the family. Women are expected to defer to the authority of their husbands, and children are taught to obey their parents.

Moving on, then, to child sexual abuse policies and procedures, the Jehovah's Witness Church relies primarily on Bible passages to set its policies and practices. The Jehovah's Witness Church says that it has had Bible-based policies on child sexual abuse for over 30 years. Mr O'Brien will tell the Royal Commission that these policies have been refined and periodically addressed in various publications over the past several decades. Mr O'Brien will testify that the Governing Body is not involved in the administration and implementation of child sexual abuse policies and procedures in branch offices of the Jehovah's Witness Church.

The evidence will reveal that doctrinal information is transmitted by the Governing Body through the branch offices and Bodies of Elders to individual members. From at least the 1990s, the Australia branch office has, with guidance from the Governing Body, periodically issued directives in the form of letters addressed to All Bodies of Elders providing instruction on how to respond to allegations of child sexual abuse.

In 1991, a number of articles based on biblical principles for handling wrongdoing, including child sexual abuse, were compiled in a publication for elders called, "Pay Attention to Yourselves and All Your Flock". In 2010, that publication, "Pay Attention to Yourselves", was replaced with an updated compilation of articles entitled "Shepherd the Flock of God", which is now the primary text from which an elder takes guidance on his congregation.

Additional information in support of the Jehovah's Witness Church's theocratic policies is made available to congregation members through The Watchtower and Awake! magazines and other publications.

Rodney Spinks of the service department will give evidence that the current policies of the Jehovah's Witness Church for dealing with an accusation of child sexual abuse are outlined in the following four publications: firstly, the Bible - the English edition is the New World Translation of the Holy Scriptures; secondly, the Elders' Handbook; thirdly, Watchtower Society publications, such as Organised to Do Jehovah's Will; and, fourthly, letters sent to All Bodies of Elders. In particular, a letter dated 1 October 2012, which consolidated and replaced into one letter the spiritual advice and guidance provided in various past letters from preceding years as to how Jehovah's Witnesses handle allegations of child sexual abuse.

Evidence will be put before the Royal Commission that the current policies and procedures relating to child sexual abuse within the Jehovah's Witness Church are supplemented, in particular, by the following material: first, a pivotal Watchtower article entitled "Let us Abhor What is Wicked ", published in January 1997, which clarified in biblical terms the principles to which a congregation should have regard in considering how a child molester should be viewed and treated; and, secondly, updated guidelines issued by the Governing Body to all branch officers in August 2013 regarding how service desks should field questions from elders regarding child abuse matters.

Elders within the Jehovah's Witness Church are given periodic training on the implementation of its policies and procedures. The training takes the form of one-day programs or seminars called Kingdom Ministry Schools.

There will be evidence regarding the established disciplinary procedure adopted by the church for responding to allegations of child sexual abuse in Australia. Documents will be tendered and evidence given showing that the Jehovah's Witness Church considers that it is only authorised to address child sexual abuse in accordance with scriptural direction.

The Jehovah's Witness Church recognises child abuse to be a gross sin and crime. Its official position is that they abhor child sexual abuse and will not protect any perpetrator of such repugnant acts. Child sexual abuse is defined by the Jehovah's Witness Church as follows:

Child sexual abuse generally includes sexual intercourse with a minor; oral or anal sex with a minor; fondling the genitals, breasts or buttocks of a minor; voyeurism of a minor; indecent exposure to a minor; soliciting a minor for sexual conduct; or any kind of involvement with child pornography. Depending on the circumstances of the case, it may also include "sexting" with a minor. "Sexting" describes the sending of nude photos, seminude photos, or sexually explicit text messages electronically, such as by phone.

According to the Jehovah's Witness Church, child sexual abuse is captured by the scriptural offences:firstly,"porneia",which is immoral use of the genitals between two people; secondly,"brazen or loose conduct", which includes fondling of breasts, explicitly immoral proposals, showing pornography to a child,voyeurism, indecent exposure; and, thirdly, gross uncleanliness, which is heavy petting.

Jehovah's Witnesses are taught from the Bible that they have a personal responsibility to report wrongdoing to elders, if the wrongdoer does not voluntarily come forward. Upon receipt of an allegation, elders are directed to immediately call the branch office for direction based on the circumstances of each case. Two elders from the congregation are also directed to immediately call the legal department for legal advice on mandatory reporting obligations.

The legal department is instructed to refer the elders to the service department for scriptural direction on theocratic or judicial aspects of the case, and how to spiritually comfort and support the victim. The service department also provides guidance on when and how elders should interview a young victim of child abuse.

Two elders are directed to investigate every allegation of child sexual abuse by speaking with the victim, the alleged offender, and any other witnesses, if necessary. The weight given to the testimony of youths is at the discretion of the investigating elders. Elders are not authorised to take congregational action unless the child sexual abuse is proven according to biblical standards which are satisfied by evidence of: a confession from the accused; or the testimony of two credible witnesses to the same incident; or the testimony of two witnesses to separate incidents of the same kind of wrongdoing; or strong circumstantial evidence testified to by at least two witnesses.

Where by those rules there is insufficient evidence to substantiate the alleged child sexual abuse, the matter is held in abeyance and the elders are directed to "remain vigilant with regard to the conduct and activity of the accused". In this event, no further action is taken in relation to the complaint, and the matter is left in Jehovah's hands. If sufficient evidence is discovered, the elders must determine whether a judicial committee should be appointed to give scriptural discipline to the wrongdoer. Child sexual abuse is recognised as an offence for which a judicial committee should be formed.

The Royal Commission will hear that over the past 65 years, the requirement that there be two or more witnesses has prevented at least 125 allegations of child sexual abuse from proceeding to a judicial committee.

That is not unexpected, given that by its nature there are very seldom witnesses to child sexual abuse beyond the survivor and the perpetrator.

The judicial committee is comprised of three or more elders to determine, firstly, if the individual is guilty of violating God's laws; and, secondly, whether the individual is genuinely repentant. Repentance involves a deep regret over a damaged relationship with Jehovah, remorse over the reproach brought upon Jehovah's name, and a severe longing to come back into God's favour. Documents will be tendered which show that the Jehovah's Witnesses consider that the degree of repentance ought to be commensurate with the degree of deviation.

The Royal Commission will hear that since 1950, 563 alleged perpetrators of child sexual abuse were the subject of a judicial committee hearing.

The judicial committee has wide-ranging sanctions available to it to deal with proven wrongdoing. If the wrongdoer is unrepentant, he is to disfellowshipped from the congregation. To be disfellowshipped means to be excommunicated from, or cast out of, the Jehovah's Witness Church. Congregation members are directed not to associate with disfellowshipped persons. Disfellowshipping differs from disassociation, which is an action taken by an individual who no longer wants to be known as a Jehovah's Witness.

If the wrongdoer is judged to be genuinely repentant, the sanction is to administer reproof of the wrongdoer. Reproval may be public or private and is a lesser form of discipline that allows the wrongdoer to remain a member of the congregation. Public reproval is administered before onlookers and serves to discipline the wrongdoer whilst warning the congregation that wrongdoing has been committed. Private reproval involves telling the accused that he is reproved before only those aware of the wrongdoing. A person who is judicially reproved is disqualified from special privileges, such as serving in a position of authority. Judicial restrictions are also imposed on those who are reproved. The restrictions might include being counselled by the elders about appropriate behaviour with children.

A public announcement is made to the congregation regarding the fact, but not the grounds, of disfellowshipping or reproval.

The Royal Commission will hear that since 1950,401 alleged perpetrators of child sexual abuse were disfellowshipped,78 of whom were disfellowshipped on more than one occasion; and 190 alleged perpetrators of child sexual abuse were reproved,11 of whom were reproved on more than one occasion.

Disfellowshipping decisions may be appealed within seven days. Appeal committees are formed even if there seems to be no valid basis for it, comprising, to the extent possible, impartial elders from a different congregation, who hear the case ab initio.

A disfellowshipped person may be reinstated into the congregation after the passage of sufficient time if the judicial committee determines that the individual is truly repentant and the reasons for their removal from the congregation have been abandoned. In all cases of reinstatement, documents will be tendered which show that congregational restrictions should be applied.

Since 1950, of 401 disfellowshipped alleged perpetrators of child sexual abuse,230 were later reinstated,35 of whom were reinstated on more than one occasion.

The case study will explore a number of risk management measures that the Jehovah's Witness Church has in place regarding how a congregation might deal with a person against whom an accusation of "child molestation" has been made.

Mr O'Brien will give evidence that the Jehovah's Witness Church believes that loving and protective parents are the best deterrent to child abuse. Mr O'Brien's evidence will be that it is the position of the Jehovah's Witness Church that parental education of children about sex and the dangers of child sexual abuse can be a major factor in its prevention. He will say that the Jehovah's Witness Church continues to educate parents via study groups and publications to help protect their children from child sexual abuse.

Documents will be tendered which show that the Jehovah's Witness Church considers the primary responsibility for the protection of children lies with parents. Mr O'Brien will say that this is particularly so as the Jehovah's Witness Church does not have programs or facilities that separate children from their parents, such as schools or Sunday schools, and so on.

Mr O'Brien will give evidence that elders are directed to report allegations of child abuse to authorities where mandatory reporting laws apply. The Royal Commission will hear evidence from Vincent Toole, of the legal department, of his understanding of the various mandatory reporting obligations that apply across Australian States. Documents will be tendered which show that if no mandatory reporting obligations apply, elders are directed that they do not themselves need to report. The evidence will show that where a matter becomes known to the authorities, elders are directed to disclose information in their possession where legally required to do so, unless ecclesiastical privilege applies.

The Royal Commission will hear evidence that elders are directed never to discourage or sanction anyone from reporting an allegation of child sexual abuse to the authorities, and that if asked, they must make clear that this is a personal decision and a victim's absolute right. The Royal Commission will hear evidence from at least one survivor witness who, contrary to this policy, was discouraged from reporting her abuse to secular authorities by elders in the Jehovah's Witness Church. Documents will be tendered which show this is consistent with the Jehovah's Witnesses' policy not to resort to secular courts to resolve personal disputes with fellow Christians, but to rely on the elders.

Evidence will be put before the Royal Commission that of the 1,006 alleged perpetrators of child sexual abuse identified by the Jehovah's Witness Church since 1950, not one was reported by the church to secular authorities. This suggests that it is the practice of the Jehovah's Witness Church to retain information regarding child sexual abuse offences but not to report allegations of child sexual abuse to the police or other relevant authorities.

This case study will consider whether the practice of the Jehovah's Witness Church of not reporting allegations of child sexual abuse to secular authorities potentially exposes members of the church to criminal lightly for concealment of serious indictable offences under section 316 of the Crimes Act 1900 in New South Wales and failure to disclose sexual offences against minors under section 327 of the Crimes Act 1958 of the State of Victoria. The case study will consider the interaction of these offences with the confessional privilege provided for in section 127 of the Evidence Act 1995 of the Commonwealth and replicated legislation in force in New South Wales, Victoria, Tasmania and the Northern Territory.

It is anticipated that documents will be tendered before the Royal Commission which will show that the Australia branch office have considered that confessional privilege would apply in circumstances where the perpetrator confessed to a child sexual abuse. The Royal Commission will hear evidence of the circumstances in which confessions relating to child sexual abuse are made to elders within a congregation and documents recording the circumstances of such confessions then provided to the branch office.

Mr O'Brien will say that the Jehovah's Witness Church complies fully with legislative requirements to ensure all relevant persons have the necessary clearances for working with children. Mr Toole will give evidence that there are approximately 7,000 elders and ministerial servants currently serving in Jehovah's Witnesses congregations in Australia who have obtained child-related police checks.

The Jehovah's Witness Church offers theocratic guidance on the sharing of information between relevant Bodies of Elders through "letters of introduction" when a member moves from one congregation to another.

When a known child molester moves to another congregation, elders are instructed to send a letter of introduction with full and complete information about the person's background and current situation to the elders of the new congregation.

Where an accused does not classify as a known child molester because there was an allegation of child abuse but this was not scripturally proven, the branch office determines what information regarding the accusation may be shared with the new congregation.

Where a disfellowshipped person moves to a new congregation before applying for reinstatement, the new elders are directed to seek relevant information from the old congregation to determine genuine repentance for the purposes of any reinstatement application.

The Royal Commission will hear evidence that elders and ministerial servants hold positions of trust within the congregation. The Jehovah's Witness Church offers theocratic guidance on the qualification of a known child molester for such positions of responsibility.

Mr Spinks will give evidence that an Elder or ministerial servant is immediately removed if he is found to have engaged in child sexual abuse. Documents will be tendered at the hearing which show that elders are instructed to allow considerable time to pass before extending privileges of service to a former child abuser.

Since 1950,28 alleged perpetrators of child sexual abuse were appointed to positions of authority after having been the subject of allegations of child sexual abuse. Further, of 127 alleged perpetrators of child sexual abuse deleted as elders or ministerial servants as a result of allegations of child sexual abuse,16 were later reappointed.

In September 2014, the Jehovah's Witness Church revised its screening process for appointments to elder or ministerial positions. The current procedure requires the nominee to pass the service department's check for anything that may disqualify the individual from appointment and to answer certain questions regarding whether he has ever been involved with child sexual molestation.

Mr Toole will give evidence regarding the document retention policies of the Jehovah's Witness Church in relation to records of child sexual abuse. The current policy provides that records concerning an individual accused of child molestation are to be indefinitely retained in the congregational confidential file. The Royal Commission will hear evidence that this has been a long-standing practice of the Jehovah's Witness Church.

The Royal Commission has been contacted by 57 persons about child sexual abuse in the Jehovah's Witness Church. Of these,34 are themselves survivors of child sexual abuse in the church.

The Royal Commission will hear evidence from two women, each of whom was sexually abused as a child in the Jehovah's Witness Church. Their cases are considered to be the most appropriate for the purposes of this case study. They are expected to testify about their experiences of: growing up as a Jehovah's Witness; being sexually abused by Jehovah's Witnesses who were in positions of authority; being discouraged from associating with non-Jehovah's Witnesses; the distress they experienced throughout the judicial committee hearing process, which involved being interviewed by a panel of males without any support; the blame that each accused sought to place on them as survivors; the absence of an explained purpose to the meetings and interviews to which they were subjected; and being discouraged from approaching authorities.

The Royal Commission will hear from both survivors that the impact of the child sexual abuse and the response of the Jehovah's Witness Church is ongoing.

I will summarise first the case of [BCB] and then the case of [BCG].

A person given the pseudonym [BCB] began associating with the Jehovah's Witness Church when she was 10 years old and was formally baptised as a Jehovah's Witness at age 18. Between 1980 and 1986, [BCB] regularly stayed overnight at the house of the Neill family, of whom the father was Bill Neill, one of two elders in the Narrogin congregation in Western Australia. [BCB]'s evidence will be that she attended weekly Bible studies led by Bill Neill at the Narrogin Kingdom Hall and his house.

From 15 years of age, [BCB] was groomed and sexually abused by Mr Neill. [BCB]'s evidence will be that Bill Neill remained a respected elder within the congregation whilst he continued to abuse [BCB]. Notwithstanding this abuse, it will be [BCB]'s evidence that she continued to respect Mr Neill and felt unable to disclose the abuse because of his position.

It will be [BCB]'s evidence that in about 1991 she disclosed Mr Neill's abuse to a Jehovah's Witness acquaintance.

Thereafter, the other elder in the congregation, Max Horley, approached [BCB] about Mr Neill's conduct. Mr Horley then arranged a meeting with Bill Neill, [BCB] and [BCB]'s husband. The Royal Commission will hear that during this meeting, [BCB] endured Bill Neill making inappropriate jokes about his conduct that was the subject of the meeting. It will be [BCB]'s evidence that having to discuss her abuse in front of a room full of men, including the perpetrator, was very distressing. The Royal Commission will hear that [BCB] felt unable to report the full extent of Bill Neill's abuse at the meeting.

Max Horley organised a second meeting, which was attended by [BCB], [BCB]'s husband, Bill Neill and Doug Jackson, who was the circuit overseer for the Narrogin congregation. During this meeting, Bill Neill lacked remorse and sought to blame [BCB] for wearing revealing clothing. It will be [BCB]'s evidence that at both meetings she felt unsafe and uncomfortable disclosing the full extent of Bill Neill's abuse. Further, [BCB]'s evidence will be that neither the purpose nor the outcome of the meetings was ever explained to her by the elders.

The Royal Commission will hear evidence that following the committee meeting, Max Horley discouraged [BCB] from further disclosures of abuse "out of respect for the Neill family". [BCB]'s evidence will be that she was left feeling unsupported by the congregation and was instead encouraged to respect her abuser. The Royal Commission will hear that Bill Neill stepped down as an elder, but that the grounds were not announced to the congregation.

Notwithstanding abuse by Bill Neill, the Royal Commission will hear that [BCB] was still expected to attend Bible studies held at the Neills' house and continued to see Bill Neill several times a week at congregational meetings. The Royal Commission will hear that Bill Neill may have later been reappointed as an elder.

[BCB] will give evidence that in about July 2014, after she had indicated that she was considering reporting her abuse to the Royal Commission, Joe Bello, an elder in her congregation at the time, asked if [BCB] "really wants to drag Jehovah's name through the mud". The Commission will hear evidence that [BCB] felt brainwashed into believing that speaking with worldly people would bring reproach upon Jehovah's name.

[BCB]'s evidence will be that, by reporting her story, she is riddled with guilt for betraying the Jehovah's Witness Church.

The Royal Commission will hear from three elders regarding their role in handling [BCB]'s allegation of abuse against Bill Neill.

Max Horley served as an elder in the Narrogin congregation from 1988. He will give evidence regarding his involvement in handling [BCB]'s allegations of child sexual abuse by Bill Neill, made in about 1991. Mr Horley's evidence will be that, in circumstances where Bill Neill denied any intentional conduct, the rule requiring two or more witnesses meant that [BCB]'s allegations could not be proven according to the scriptures. Ultimately, Bill Neill's removal as an elder was recommended by Mr Horley and Mr Jackson because [BCB]'s allegations had cast a cloud over Bill Neill's qualifications. Following Bill Neill's removal, he continued to attend meetings and was not placed on any specific restrictions. Documents will be tendered which show that the elders considered the spirituality and the seductiveness of the complainant in determining the complaint.

Doug Jackson served as a circuit overseer in Western Australia between 1990 and 1998. The Royal Commission will hear evidence regarding Mr Jackson's involvement in the judicial committee hearing into the allegations against Bill Neill during his visit to the Narrogin congregation in early 1992. Mr Jackson will give evidence regarding his recommendation that Bill Neill no longer met the scriptural qualifications for serving as an elder.

Notwithstanding Bill Neill's admission to improper conduct, a document will be tendered which shows that in the same letter that recommends his removal as an elder, Mr Jackson recommends that Bill Neill be reappointed "once this has died down and it appears that Brother Neill again has the freedom of speech."

Joe Bello has served as an elder since 1991. The Royal Commission will hear evidence regarding Mr Bello's involvement in providing shepherding care and assistance to [BCB] during visits to her family in 2012 following [BCB]'s disclosure of Bill Neill's abuse.

Mr Bello will give evidence that he did not intend to discourage [BCB] from approaching the Royal Commission.

A person given the pseudonym [BCG] was baptised as a Jehovah's Witness when she was about 16 years old. The Royal Commission will hear evidence of [BCG]'s experience growing up in a strict Jehovah's Witness family. [BCG] will give evidence that her father, [BCH], was a highly regarded Jehovah's Witness who was appointed as a ministerial servant in the Mareeba congregation in Far North Queensland in about 1984. [BCG]'s evidence will be that her father was influential within the congregation because he was well respected amongst members.

As head of the household, [BCH] dictated and enforced compliance with household rules. [BCG] was not permitted to associate with anybody outside the Jehovah's Witness community and was taught from a young age that "worldly" people could not be trusted. [BCG] was not permitted by her parents to attend school after year 10, because choosing higher education over Jehovah was frowned upon by the Jehovah's Witness Church.

When she was 17, [BCG] was sexually abused by her father on a number of occasions over a two-week period whilst her mother and siblings were away. [BCG] tried to report her father's abuse to two elders within the Mareeba congregation, both of whom were friends of her father. [BCG] will give evidence that both elders refused to speak with [BCG] without her father being present. It was not until [BCG] found the courage to tell a male friend, who approached [BCG]'s father and the elders, that the matter was investigated by the elders.

[BCG] was interviewed by three elders, all friends of her father, on a number of occasions. On each occasion, [BCG] was alone, without any support, and on one occasion, her father was also present. [BCG]'s evidence will be that instead of being protected and supported as a victim, the elders primarily sat in judgment of her credibility as a witness and made her feel to blame.

[BCG] will give evidence that the elders forced her to directly confront her father with her abuse allegations. Her father's response was to threaten [BCG] and to blame her for seducing him.

The Royal Commission will hear that when [BCG] disclosed the abuse to her mother, her mother advised that her father had previously abused [BCG]'s older sister. At around the same time, [BCG]'s two younger sisters confirmed that they were also victims of their father's abuse. The Royal Commission will hear that although the elders were advised of the additional victims, they did not take them into consideration in their investigation.

[BCG]'s father was ultimately disfellowshipped, not for his sexual abuse of [BCG], but for unrelated, as it is put, "loose conduct" and "lying". [BCG] will give evidence that the elders would not consider the evidence of her sisters' abuse because they were not witnesses to the same event. [BCG] was devastated that her father's sexual abuse did not appear to qualify as wrongdoing in the eyes of the Jehovah's Witness Church.

[BCG]'s father immediately appealed his disfellowshipping. [BCG] was brought before an appeal committee alone to be interviewed again about the abuse. It was at this time that her father admitted the abuse and his disfellowshipping was upheld with grounds of "porneia" added.

The Royal Commission will hear that [BCG]'s father was reinstated after only a few years. [BCG] will testify that she was concerned for the safety of the congregation but was discouraged from reporting to the police and was herself threatened with disfellowshipping.

In December 1995, [BCG] wrote to Watchtower Australia regarding her father's premature reinstatement. Watchtower Australia responded in February 1996 by counselling faith in Jehovah and advising that it would make inquiries into the matters raised.

The Royal Commission will hear that when [BCG] eventually left the Jehovah's Witness Church, she was completely ostracised by members of her local congregation. [BCG] then reported her father's abuse to the police.

[BCG]'s father, [BCH], was ultimately convicted in 2004 for unlawful and indecent assault and attempted rape of [BCG] and sentenced to three years imprisonment.

[BCG]'s evidence will be that her experience of three criminal trials was easy compared to her experience of sitting through the judicial and appeal committee meetings.

The Royal Commission will hear evidence from the three elders of the Mareeba congregation - Dino Ali, Ronald de Rooy and Kevin Bowditch - regarding their role in handling [BCG]'s allegations of abuse by her father that she reported in about May 1989.

Dino Ali and Ronald de Rooy will give evidence that, in circumstances where [BCH] denied the allegations, the judicial committee was bound by the rule requiring two or more witnesses and did not have sufficient proof of the child sexual abuse to take judicial action. It was for this reason, the Royal Commission will hear, that [BCH] was ultimately disfellowshipped, not for child sexual abuse, but for "loose conduct" and for lying to the elders about his conduct.

Ronald de Rooy and Kevin Bowditch will give evidence that it was not until [BCH] confessed to the sexual abuse of [BCG] during the appeal committee hearing in 1989 that the grounds for [BCH]'s disfellowshipping were extended to include his sexual abuse of [BCG].

In 1990, [BCH] applied to the Beenleigh East congregation for reinstatement. The Royal Commission will hear evidence from Rodney Spinks and Monty Baker, both elders in the Beenleigh East congregation at that time, regarding their involvement on the judicial committee appointed to consider [BCH]'s reinstatement application.

Rodney Spinks will give evidence that [BCH]'s reinstatement application was rejected because he did not display "genuine repentance". Mr Baker will give evidence regarding the process of liaising with the Mareeba congregation, which was responsible for the decision to disfellowship [BCH], to obtain relevant information to assess [BCH]'s reinstatement application.

Allan Pencheff was an elder of the Loganholme congregation. He chaired the judicial committee that disfellowshipped [BCH] again in 2003 for lying. Mr Pencheff will give evidence that he was not aware of any reason to restrict [BCH]'s contact with children at the time [BCH] joined the Loganholme congregation, and that he only became aware of [BCH]'s abuse allegations when criminal proceedings were brought against him between about 2001 and 2004.

The Mareeba congregation recommended certain restrictions be placed on [BCH] due to the gravity of the wrongs committed, but did not recommend any restrictions regarding [BCH]'s exposure to children.

Mr Toole will give evidence that in January 2003 he provided a memorandum to the service desk, which observed that the primary issue before the Loganholme judicial committee in 2003 was [BCH]'s lying as opposed to his sexual abuse of [BCG].

In about 2001, criminal proceedings commenced against [BCH] for child sexual abuse and, in 2004, he was convicted and sentenced to three years imprisonment. The Royal Commission will hear evidence from Jason Davies, a former Queensland DPP solicitor, regarding his involvement in the prosecution of the criminal proceedings against [BCH]. Mr Davies will give evidence of his obligations of the influence of the Jehovah's Witness faith on the behaviour of those involved in the criminal proceedings. Mr Davies' evidence will be that "matters of faith sometime [sic] take precedence over secular, moral obligations and norms", and that "the religious persuasion of those involved [in the criminal proceedings] was integral to understanding the behaviour of the accused, the victim and the witnesses, at least in their reluctance to go to the police". The Royal Commission will hear that the delay between the child sexual abuse and the time at which allegations came to police attention is in part attributable to the church's practice of dealing with offending internally in accordance with its theocratic rules, without referring matters to secular authorities.

The Royal Commission will hear of the repeated applications for reinstatement made by [BCH] following his release from prison and of the factors taken into consideration by the Jehovah's Witness Church in considering these applications. The Royal Commission will hear evidence of the involvement of the church's service desk in guiding the consideration of [BCH]'s pleas for reinstatement.

Mr O'Brien will give evidence that to date he is unaware of any claims for redress having been made in relation to child sexual abuse concerning the Jehovah's Witnesses in Australia.

Watchtower Australia does not hold any insurance policy which provides cover for any claims relating to child sexual abuse. Documents will be tendered which show that in 2008, Watchtower Australia considered the formation of a separate legal entity, apparently for the purposes of minimising liability in the case of litigation.

It is expected that the case study will provide the Royal Commission with insights into systemic issues within its terms of reference in the area of institutional responses to concerns and allegations about incidents of child sexual abuse. In particular, the systemic issues that are expected to be considered arising from this case study are the following:

The influence of theocratic beliefs on the way in which religious institutions handle complaints and manage the risk of child sexual abuse and their interaction with government authorities;

The management of complaints of allegations of child sexual abuse within an institution without reference to external authorities, and the impact that that approach may have on the institution's capacity to protect children;

The impact of an institution's internal disciplinary mechanisms on criminal processes;

The impact of the record-keeping practices of institutions on the ability of those institutions to manage the risk of child sexual abuse and to respond to victims of abuse;

The efficacy of mechanisms to prevent child sexual abuse;

The adequacy of systems to support and rehabilitate survivors of child sexual abuse.

This public hearing of the Royal Commission has been listed, obviously commencing today and until Friday 7 August.

THE CHAIR: Yes, thank you, Mr Stewart. I think we might take the short adjournment now so that the cameras can be reorganised.

MR STEWART: As your Honour pleases.

SHORT ADJOURNMENT

MR STEWART: Your Honour, the first witness will be the first survivor witness, [BCB]. Her name and address are known to the Royal Commission, and she is accompanied by her husband for support.

THE CHAIR: [BCB], it will be necessary for you to be sworn. Will you take an oath on the Bible or an affirmation?

[BCB]： An oath on the Bible

<[BCB] , sworn:

[11.30am]

<EXAMINATION BY MR STEWART:

MR STEWART: Q. Do you have a copy of your statement dated 10 July 2015 with you?

A. Yes.

Q. Are there any amendments or corrections you would like to make to that statement?

A. No.

Q. Do you confirm the statement?

EXHIBIT #29-001 STATEMENT OF [BCB] DATED 10/07/2015

MR STEWART: I tender the statement, your Honour.

MR STEWART: Q. I would ask you, [BCB], to read your statement, perhaps commencing at the third paragraph. A. "My full name is [BCB]. I was born on [REDACTED] 1967 and I am 47 years old. I am married to [BCC] and we have two daughters. My husband owns a business and I work for him keeping the books. I was formally baptised as a Jehovah's Witness when I was 18 years old.

I grew up on a farm near Wickepin in Western Australia. I lived on the farm until I was around 19 with my dad, my mum, and my younger brother.

In 1977, when I was about 10 years old, my mum became a Jehovah's Witness.

Between about 1977 and 1979, my mum used to take me and my brother with her to a couple of Jehovah's Witness meetings each week in Corrigin. Corrigin was about an hour's drive away from where we lived.

My dad and I were quite close up until I was about 10 years old."

THE CHAIR: [BCB], would you like Mr Stewart to read your statement for you?

THE WITNESS: No, thank you, I should be all right.

THE CHAIR: If you need to pause, or if you want Mr Stewart or your husband to help, let me know.

THE WITNESS: Okay. I just need a minute. Can I just have a minute?

THE CHAIR: Would you like us to adjourn for a minute?

THE WITNESS: Just a minute, thank you.

THE CHAIR: We will adjourn very briefly. You let us know when you are ready. But if you want your husband to read or Mr Stewart to read, that is quite appropriate. We will take a brief pause and come back when you are ready.

SHORT ADJOURNMENT.

THE CHAIR: Q. Are you all right to go? A. Yes. "My dad and I were quite close up until I was about 10 years old. However, when I started attending Jehovah's Witness meetings with my mum, we drifted apart emotionally. My dad wasn't a Jehovah's Witness and never attended Jehovah's Witness meetings with us. He never stopped my mum, my brother or me from attending Jehovah's Witness meetings.

In or around 1979, my mum and dad decided that I should go to high school in Narrogin. Narrogin was about an hour's drive from where we lived. Because I was at school in Narrogin, my mum decided to join the Narrogin congregation of Jehovah's Witnesses. My mum, brother and I attended meetings there every Wednesday, Friday and Sunday.

The Sunday and Wednesday meetings of the Narrogin congregation were held at the Narrogin Kingdom Hall and were attended by the whole congregation. At these meetings, one of the elders would usually deliver a public talk from the platform based on a reading from The Watchtower magazine or give a talk from the Bible. At these meetings, the elders would also lead question and answer sessions and give specific training about our door-to-door preaching.

The Wednesday meeting was referred to as the Theocratic Ministry School and children were allowed to give talks about the Jehovah's Witness beliefs at this meeting. I remember that I sometimes gave talks at these meetings.

The Friday meeting was referred to as book study and usually took place at someone's house. At this meeting, a small group of families would come together to discuss biblical scripture.

I first met Bill and Bronwyn Neill and their children at a large Jehovah's Witness party in or around 1979 when I was about 12 years old. Bill and Bronwyn had a daughter named [BCE] who was two years younger than me. [BCE] and I became very good friends.

In or around 1980, Bill Neill was one of two elders at the Narrogin congregation. At the time I understood that Bill's position as an elder gave him authority in the Jehovah's Witness community. He used to give talks at the weekly congregation meetings from the platform in the Kingdom Hall. The other elder in the Narrogin congregation at the time was Jack Shaylor.

I looked up to Bill because he was an elder. Everybody in the congregation respected and trusted Bill, including my mum.

Between about 1980 and 1986 I spent a lot of time with [BCE] at the Neill family house. I used to stay at [BCE]'s house at least once a week. Often, I would attend the Friday night book study meeting led by Bill at the Neills' house and then stay over at the Neills' house until the Sunday meeting at the Kingdom Hall. [BCE]'s mum, Bronwyn, treated me like a daughter and I felt really close to her. I used to call Bill "Uncle Bill".

I recall that the Neill family talked a lot about church issues in the house. They used to discuss their belief in Jehovah. Bill in particular used to explain that all ideas and ways of behaving should be figured out according to what the Bible says. I remember that Bill would discourage [BCE] and me from forming friendships with other children who were not Jehovah's Witnesses at school.

The Neill family always seemed to me to be an affectionate family, which I really liked. For example, everyone always kissed each other on the lips when they said good night or goodbye to one another.

I remember that Bill and Bronwyn were very open with their kids about sex. Bill would often make sexual jokes in front of me. My mum never talked about anything to do with sex. I had grown up understanding that it was not something that you were supposed to talk about.

In or around 1982, when I was about 14 years old, I was staying over at [BCE]'s house, as I did almost every week. I was having a shower and [BCE], who I often shared the bathroom with, said "What's that on your tummy?" I looked down and noticed I had a rash on my stomach. Despite me not wanting her to, [BCE] went and got her mum. I only had my knickers and a singlet on. Bronwyn said she wanted to show Bill. I said, 'I don't want him to see me'. I never let my dad see me in my knickers, so I was really embarrassed. Bill came and looked at my stomach and I remember feeling really uncomfortable about him seeing me like that.

Later in 1982, I was again staying over at [BCE]'s house. On this night, as I was saying good night to Bill in the hallway of their house, he kissed me good night on the lips. Initially, this did not seem unusual to me, but he then stuck his tongue into my mouth. I pulled away and looked at him in shock. He looked at me and gave me a queer smirk-type smile. I found myself half smiling back. I was so surprised by what he had done that I just froze. I didn't know what else to do.

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