A-0 M-0€¦ · statement is true and correct to the best of my knowledge and belief. 2. ... None...
Transcript of A-0 M-0€¦ · statement is true and correct to the best of my knowledge and belief. 2. ... None...
Name
Address
Occupation
Date
••
~
ft .
Statement
Moshe David GUTNICK
Known to the Royal Commission
Rabbi
9 February 2015
Royal Commission into Institutional Responses to Child Sexual Abuse
1. This statement made by me accurately sets out the evidence that I am prepared to give
to the Royal Commission into Institutional Responses to Child Sexual Abuse. The
statement is true and correct to the best of my knowledge and belief.
2. The purpose of this statement is to supplement my previous statements to the Royal
Commission dated 2 January 2015 and 3 February 2015 (my previous statements) .
make this supplementary statement after a request by the counsel assisting the Royal
Commission to clarify aspects of a private email that I sent to Rabbi Yoseph Feldman
on 27 July 2011 and having read the transcript of the evidence that was given to the
Royal Commission by Rabbi Feldman on 6 February 2015.
Reporting child sexual abuse to the police
3. I refer to Rabbi Feldman's evidence at C6456.37 to C6456.44, C6457.36 to C6458.24,
C6473.12 to C6473.17, and C6474.44 to C6475.22 where he expressed the view that,
in the first instance, people "should" immediately report some instances of alleged child
sexual abuse to a rabbi first, instead of the police. Rabbi Feldman sought to invoke my
evidence before the Royal Commission in support of this view (see C6456.37 and
C6474.44 to C6475.3). In doing so, Rabbi Feldman seriously misrepresented my
evidence before the Royal Commission.
4. I unequivocally reject the view expressed by Rabbi Feldman, and I totally reject any
assertion that my evidence to the Royal Commission, or any statement that I have
made on this issue, supports his view in any way whatsoever. Quite the contrary. In my
ORA apology in September 2013 referred to in my previous statements, I stated as
follows: "An issue of child sexual abuse must be reported to the police immediately and
perpetrators must be brought to justice." (C6278.19 - C6278.21 ). In my evidence
before the Royal Commission on 4 February 2015, I said:
. (\A-0 M-0 µ~ Signature: .. . .. ......................................... . . Witness: ....... . ... . .............................. ........ ... .
STAT.0458.004.0001_R
Statement in the matter of Yeshivah College Case Study 22
Page 2 of 5
Statement of Moshe GUTNICK continued
"I believe it is an absolute religious obligation to report any allegation of child
sexual abuse as quickly as possible to the appropriate authorities, and to
suggest that there is some religious obligation not to do so is an abomination."
(C6270.32 - C6270.36)
That statement represents my true position.
5. I also rejected the proposition that there is any obligation to consult a rabbi before
reporting any instance of alleged child sexual abuse. In answer to questions from
Commissioner Murray (C6292.28 - C6292.4 7) I said as follows:
COMMISSIONER MURRAY: Before you move to the rest of the bar, Rabbi
Gutnick, I just want to ask you a couple of questions. I just want to check with
you. Is there any Halachic or community obl igation - those two separate
issues - to seek permission from a rabbi before going to the police on child
sexual abuse?
A. None whatsoever.
COMMISSIONER MURRAY: And is there any Halachic or community
obligation to seek the advice of a rabbi before going to the police on a matter
of child sexual abuse?
A. One minor qualification. If you hear a rumour and you are not sure whether
you act on that rumour and you have absolutely no evidence, you may want to
ask a rabbi. But in any normal situation where you become aware or you
might ask a friend or a lawyer, someone who has a bit more brains who will
help you to decide whether this is just a fleeting rumour or there is something
of substance, anything of even the slightest substance you must immediately
go to the police.
6. I have made my position absolutely clear on this point. I have done so consistently. I
wish to reiterate that position. There is absolutely no obl igation or expectation that
anyone should first consult a rabbi about any alleged child sexual abuse before
approaching the secular authorities. Of course, people who are unsure about the
veracity of any allegations are free to seek help or advice from another person whose
judgment or opinion they respect, and that person may happen to be a rabbi . But my
Signature: .. Witness: .. .. ..... .. .. ..... .. .. ..... .. .. ..... .. .. ..... .. .. . .
STAT.0458.004.0002_R
Statement in the matter of Yeshivah College Case Study 22 Statement of Moshe GUTNICK continued
Page 3 of 5
position is clear: there is never any requirement or expectation to do so. As I stated in
my evidence to the Commission, any allegation of child sexual abuse "of even the
slightest substance .. . must immediately go to the police".
AVL
7. I refer to Rabbi Feldman's evidence at C6491.20 to C6491.32, C6494.35-C6494.36
and C6495.19 to C6495.22 in wh ich REDACTED
8.
9. I reject the assertions set out in paragraphs 7 and 8.
10. As I set out in paragraphs 19 to 22 of my previous statement dated 2 January 2015, I
was not involved in any way with AVL's departure to the United States. I was not aware
of the allegations against AVL prior to or at the time of his departure to the United
States. Indeed, I was not aware of AVL's departure to the United States until after it
had occurred.
11. I did give AVL semicha. This required that I administer an oral examination to test his
knowledge of specific aspects of Jewish law. I conducted this examination by
telephone. It took between 30 and 60 minutes. I was not required to assess or warrant
his character.
12. Most male members of the Chabad community obtain semicha in order to equip
themselves to marry and participate in a family according to Orthodox Jewish law, and
many do so without subsequently calling themselves rabbi. It is very unusual for
someone in the Chabad community not to receive semicha. At the time I understood
from AVL's father that AVL would not practise as or call himself a rabbi. Obtaining
Signature: .. Witness: ....... ..... ...... .... .. ..... ....... .. .. .. ..... .. . .
STAT.0458.004.0003_R
Statement in the matter of Yeshivah College Case Study 22 Statement of Moshe GUTNICK continued
Page 4 of 5
semicha would not of itself place AVL in contact or proximity with children, or in any
way provide or facilitate opportunities to do so.
13. As I have said, before agreeing to give AVL semicha I spoke with AVL's father, who
assured me that AVL was being treated and monitored by others in the US. I had also
been told that the Brooklyn District Attorney was aware of the allegations against AVL.
His father pleaded with me that AVL's willingness to participate fully in treatment would
be enhanced by him feeling that he was not different to everyone else in his
community. This was reiterated to me by his therapist.
14. REDACTED
15. REDACTED
16.
17. My belief was based on discussions I had at the time with several members of the
community, including my brother, Avraham Gutnick. I believe my brother Avraham had
previously been employed in an administrative role at Yeshiva Bondi, but he was no
longer employed there at the time of AVL's departure. My brother specifically told me
that AVL had told him that he was encouraged to leave by Rabbi Pinchus Feldman.
18. I cannot now recall or identify who I spoke to on this subject, apart from my brother. I
do recall that there was general talk to the effect that Rabbi Pinchus Feldman had
encouraged AVL to leave the country. I believed those statements to be true at the
time. I was encouraged in this belief by the speed with which AVL had departed.
Signature: .... Witness: .. ..... ........ ... .. .... ... .... .. .... .... ... ..... . .
STAT.0458.004.0004_R
Statement in the matter of Yeshivah College Case Study 22 Statement of Moshe GUTNICK continued
Signed:
Date:
Witness:
Date:
Signature: .................................................. .
Page 5 of 5
Witness: .................................................. .
STAT.0458.004.0005_R