
Many of us have been following the Senate ‘trial’ of Donald Trump over in the States. The word trial here deserves the use of inverted commas since, as many commentators have pointed out, the process we have been watching fails to qualify as a proper trial. In thinking about what would constitute a real trial, my mind went back to the Prayer Book translation of Psalm 12. There we have the image that God’s word is like ‘silver which from the earth is tried and purified seven times in the fire’. The ancient peoples long ago had discovered by experiment that precious metals have a different boiling point from the other minerals with which they are sometimes combined in a natural state. To get silver back to a pure metal, you would have to heat it up to its boiling point several times so that the impurities can be removed. Eventually the mineral left behind will be the highly prized metal in its pure state.
From the rough description we have in Psalm 12 of the process of purifying silver, we can see that a ‘trial’ is no gentle process. ‘Trying’ silver was laborious, complicated and probably dangerous for the craftsmen who did it. When the word ‘try’ comes to be applied to a legal process, we need to have in mind this meaning of the word in the context of smelting. Trying an accused person who has potentially committed a crime has to be rigorous. When there is no detailed questioning, consultation of documents or hearing the testimony of witnesses, it is hard to see that a trial in any meaningful sense has taken place. When these common-sense procedures are omitted, the word trial is hardly appropriate to describe what has happened. ‘Trial’ in its biblical sense was a tough searing process. Silver does not become pure merely by washing it in a stream.
Moving on from the legal shenanigans of American politics to issues nearer home, we seem sometimes to have problems of finding honesty and truth within the administration of the Church of England. The complaint of numerous survivors against the Church of England is that many of the processes they have to face are neither truthful nor honest. First of all, survivors constantly complain of the adversarial process that treats them as an enemy to be defeated even when the facts of their abuse are uncontested. It would be fair to expect that the party who had been wronged, in this case the abuse victim, would be allowed to act as prosecutor against the authorities whose blindness and naivety may have contributed to the abuse. This of course does not happen and further, the survivor very quickly may find him/herself playing the role of an offender on trial. Instead of the Church supporting them because of their ordeal, victims of abuse routinely find themselves at the wrong end of hostile questions from church lawyers. The interview with Professor Julie Macfarlane on a recent Radio 4 Sunday programme, following her powerful testimony to the IICSA hearings, gave us the word ‘brutal’ to describe this process. As a legal expert herself, she found it difficult to endure the attempts to break her down rather than believe her clear testimony of abuse. Today Tuesday 4th, we are hearing further revelations about the way that the Church’s insurer, the EIG, has used ethically questionable tactics of legal process in order to cap their financial liabilities. There was, in one case, a reliance on psychiatric ‘expert opinion’ which was admitted to the process even when a survivor, known as Tony, had not met the ‘expert’. Julie also described her experience of the way that the Church authorities distance themselves from the process even when the clear facts of abuse had become accepted by all. To quote the interview: They (the Church) were completely at arms’ length at the criminal trial. I think that that is wrong. ……Here everybody knows that these things happened, I think that the Church should have been proactive in making a supportive statement towards the two complainants – myself and the other complainant. My experience over the years of talking to the Church about this issue is that they talk out of both sides of their mouths. In public they talk about their deep sorrow and remorse. In reality, in civil cases they are playing the most aggressive litigation game imaginable. …..They are vigorously resisting the truth of what happened. If the Church really meant what it says about being sorrowful about the thousands, maybe hundreds of thousands worldwide victims of clerical abuse, they would be finding a way to encourage people to come forward.
It is hard not to see a parallel between the Church of England and their legal representatives and the Republican party in the States. Both use the law and their wealth to manipulate the processes of the legal system. The importance of establishing actual truth does not appear to be important for either of these entities. We might expect a political party to play games with the legal system but not the Church. Protestations of ‘sorrow and remorse’ should and can be followed up but there is little sign of this in practice. All that matters, all that the Church seems to care about, aided and abetted by lawyers and insurers, is that the narrow financial and reputational interests of the institution are preserved. It is very hard for individuals to fight against such a well-funded institution which can, through its wealth, block the pursuit of real justice. Even when sums of money are handed to survivors who have made complaints against the Church, the sums involved are relatively small. No individual can ever afford the costs of a full-blown trial. The Church, represented by its lawyers, will always fend off such attempts to find full justice. A full-blown trial, complete with a jury will never happen. The Church is constantly focussed, like Trump, in never letting the truth come out fully and completely.
In spite of the enormous power that the Church (and the Republican party) has with which to fend off proper scrutiny and trial of its actions in the past, there is another institution in society which does a good job of holding it (them) to account. I am of course referring to the Press and the makers of television programmes. There is little the Church can do to stop exposes of incompetent and sometimes criminal behaviour which flood into the living rooms of the nation. Because these programmes and newspaper stories are meticulously researched, they never seem to fall foul of the legal system. They offer encouragement to abused individuals who have had their voices shut down by non-disclosure agreements and the active hostility of Church leaders. Those of us who are still part of the Church are constantly puzzled and dismayed by the way our Churches leaders find it so difficult to reach out proactively to survivors. Cups of tea and the time given to listening would seem a cheap way of starting the process of healing. Employing expensive lawyers to fight every settlement claim in an environment of conflict and confrontation does not in any way promote gospel values of reconciliation and peace.
Two years ago, I attended the General Synod in London as an observer/protester. Two years on I sense that there is now a greater body of opinion within that Synod itself to do the ‘right thing’ with survivors rather just defend the assets and reputation of the institution. Members of Synod are lobbying fellow members. The effect of letters to the Church Times, active lobbying and critical broadcasts has meant that the church authorities cannot so easily hide behind legal processes and unfulfilled promises. Each time a review is announced, there will be an army of tweeters and others to check up on progress and ask awkward questions about the process. The next two weeks will be interesting. Will the Synod sense of fair play and justice be sufficiently to ride over all the legal defensiveness of the Church authorities? Will the voices of survivors be properly heard? In America, there has been a similar process in the political system, but we can hope that this desire for change and escape from the past will happen through the democratic process of an election. The process of the Church revealing and facing up to the appalling past events of sexual abuse cannot happen in the same way. But we can still hope that the trial, the purification and the cleansing of these two institutions is close. Although there are many problems for the Church of the future, we can still have confidence that it is able to go through the equivalent of a seven-fold purification and come out the other end, honest and still empowered and led by the Spirit of God.







