Driver and Weatherill v Davies

Two diocesan bishops preferred a charge against the respondent, the Rt Revd Ross Davies, Bishop of the Diocese of The Murray. The respondent was charged with six counts of the offence of disgraceful conduct which at the time of charge was or would be productive of scandal or evil report, two counts of the offence of wilful violation of the ordinances of the diocesan synod and one count of the offence of wilful and habitual disregard of his consecration vows. The most serious of these offences alleged conduct engaged in between March 2002 and September 2008 to prevent the investigation of allegations of serious misconduct against the then Archdeacon of The Murray. Other offences alleged improperly influencing the composition of the Diocesan Council in an attempt to gain a financial advantage, displaying a lack of commitment to the Anglican Church through actions such as not regularly attending or conducting worship in the diocese and repeated displays of anger that were inconsistent with his pastoral role as the bishop of the diocese. In September 2010 the tribunal found all charges proved other than the charge of wilful violation of his consecration vows. Pursuant to section 60 of the Constitution, the tribunal recommended that the respondent be prohibited from functioning in the office of a bishop in respect of the count relating to the archdeacon, that he be removed from office in respect of the counts relating to displaying a lack of commitment to the Anglican Church and improperly influencing the composition of the Diocesan Council in an attempt to gain a financial advantage, and that he be rebuked in relation to the other proven counts. It regarded breaches or interferences in Professional Standards protocols relating to the allegations against the archdeacon as serious failures of duty. In November 2010 the Primate and the Archbishop of Brisbane accepted the recommendation of the tribunal and pronounced the sentences that it had recommended, noting that the respondent had already relinquished the office of Bishop of The Murray. The Primate rejected a submission by the respondent that a Deed of Release and Discharge executed after the tribunal's decision in September by him and the Administrator of the Diocese were a bar on proceedings before the tribunal. [Garth Blake]