Re: Struthers Memorial Independent Pentecostal Church
Date: February 19, 2025 08:06PM
A number of things have crossed my mind when noting recent experiences and observations. First of all, well done to all the folks who have shared their own stories. It is good that folks feel able to share different experiences and perspectives. That in itself is a huge step forward, as what happened decades ago was that people who left were totally isolated. They were frequently told that no-one else had any sort of problems and as a result felt it must all be their fault. That was hardly the case though, as even things like limiting the group of friends to those in the church then advising these friends not to speak to someone who has left leaves people in a very vulnerable position. No wonder there are so many people were and are unhappy with the lack of care.
It is now very clear that the idea that “it was just me” is the exact opposite of the case. If there are some folks who managed to leave without trauma, they are the exception, as the most common experience by far is that people have struggled in some way. Quite a number of the testimonies on this site also include a statement along the lines of, “I thought it was just me”, so thanks folks for sharing, whether anonymously or openly.
That observation that there are so many people who have struggled also made me think of a key point of Scots Laws which is Res ipsa loquitur or "the thing speaks for itself". It means that the mere occurrence of an accident can, in certain circumstances, suggest negligence on the part of the defendant.
The doctrine allows the court to infer that the accident would not have happened if proper care had been taken, even without direct proof of negligence.
This is quite important as it changes the burden of proof. Normally it is the complainant (“the pursuer”) who bears the burden of proof and has to provide evidence of negligence. Where res ipsa loquitur applies this is reversed – the burden of proof shifts to the defender who has to explain the accident and to provide evidence that it occurred without fault on their part.
As I said above, the doctrine allows the court to infer that the accident would not have happened if proper care had been taken, even without direct proof of acts of negligence.
I think there is now overwhelming evidence that people have been hurt by Struthers. If that was just one person, that person would have to provide evidence to show how Struthers was responsible. I believe that the testimonies on this forum however provide considerable evidence of things that “would not ordinarily occur if proper care is taken”. That being the case, it seems pretty clear that “the thing speaks for itself” and res ipsa loquitur applies.
In both common sense and in law, that shifts the burden of proof to the defendant to try to explain how this could have occurred without fault on their part.
That is why the generic letter of complaint posted by Friendly Face and the lack of any attempt to show they were not negligent is so important. Without any specific evidence to the contrary, it is really hard to believe that the things listed on this forum could have happened without negligence on the part of the Struthers leaders. The burden of proof therefore lies with them. If they do not reverse their earlier decision and seek to respond to issues that have been raised everyone including the Courts, the Charity Commission and Companies House are entitled to believe that they have been negligent.
I suspect that has very profound personal implications for the Trustees.