Jehovah's Witnesses have recently faced a setback in their attempt to block the publication of a report concerning abuse within their organization. The report, which includes recommendations related to abuse in both state and faith-based care, is set to be made public on Wednesday.
On Friday, the Christian Congregation of Jehovah's Witnesses Australasia sought interim orders from the Court of Appeal to prevent the release of a specific case study about them until their appeal in the Supreme Court is resolved. Their aim was to avoid scrutiny altogether, requesting that the relevant section of the report not be published on the Royal Commission's website and remain confidential.
However, Justice Cooke denied their application in a judgment released on Tuesday, emphasizing the "considerable public interest" in the report and noting that the request was made at the "very last moment." He also indicated that the likelihood of success in the Supreme Court was "low." Justice Cooke pointed out that no affidavit evidence was submitted by Jehovah's Witnesses to support their application.
While acknowledging the organization's desire to protect its reputation, Justice Cooke stated, "Publicizing the section of the report dealing with the issue of abuse by members of the Jehovah's Witnesses faith will likely have a reputational impact on the appellant, and the faith more generally." He noted that a future Supreme Court ruling could potentially mitigate this impact, but would not eliminate it entirely.
Justice Cooke further remarked that there was no dispute regarding the evidence of abuse involving members of the Jehovah's Witnesses faith presented to the Royal Commission. The organization's argument focused on the claim that the Royal Commission lacked jurisdiction to investigate and report on the abuse, as it did not occur in a relevant "care" setting. Nevertheless, he acknowledged that the proposed order could be seen as necessary to preserve the organization's position.
A spokesperson for the Australasian Branch of Jehovah's Witnesses expressed serious concerns about the report's accuracy regarding their faith, stating that they felt compelled to seek legal recourse to address these issues. They emphasized that child protection is a paramount concern for Jehovah's Witnesses and that accurate information is essential for the people of New Zealand, decision-makers, and survivors.
Justice Cooke reiterated the report's significance, describing it as "a matter of considerable public interest" that has implications for many lives, particularly for survivors of abuse. He asserted that compelling reasons would be required to justify preventing publicity regarding any part of the report.
In his conclusion, Justice Cooke stated that suppressing part of the report would be inappropriate, as it involves interconnected issues relevant to both state and faith-based care. He noted that the inquiries concerning Jehovah's Witnesses are part of a broader narrative that should be disclosed in the public interest.
Last month, Jehovah's Witnesses attempted, but failed, to obtain an advance copy of the final report from the Abuse in Care Inquiry. They also did not succeed in seeking supporting documentation for the case study. Notably, Jehovah's Witnesses are the only religious group to take legal action against the commission, having pursued similar actions in overseas inquiries, including those in Australia and the United Kingdom.
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