DISCIPLINARY proceedings against the Bishop of Aberdeen & Orkney, the Rt Revd Anne Dyer, have been dropped, even though the Scottish Episcopal Church’s Procurator said that there had been a “realistic prospect of conviction”.
In a “note of reasons”, published on Tuesday evening, the Procurator, Paul Reid KC, wrote that proceeding with the prosecution was not in the public interest. The allegations, he wrote, were of “bullying and the abuse of a position of trust and responsibility”.
The alleged behaviour “is said to have caused [the complainants] harm”, he said, and this was one factor “in favour of a prosecution being in the public interest”.
The Procurator is formally independent of the Church, and is responsible for deciding whether a case proceeds to tribunal.
Regarding the case against Bishop Dyer, Mr Reid wrote: “I remain of the view that there is sufficient evidence to provide a realistic prospect of conviction in respect of each allegation.”
Nevertheless, he weighed this against the effect that continuing the process might have on the complainants, for whom, he said, the prospect of giving evidence was a “source of anxiety”.
A complainant and potential witness, the Revd Professor David Atkinson, told the Church Times that an alleged victim whom he had been supporting had been prepared to give evidence at the tribunal, after being reassured by Mr Reid that there were “powerful protections in place” for complainants.
“The idea that justice shouldn’t be done because it might make a victim anxious is extraordinary. A horrifying range of different types of abuse could be swept under the carpet on the same basis,” he said.
A spokesman for the SEC said on Wednesday that pastoral support had been offered throughout the dispute.
In addition to concerns about those called to give evidence, Mr Reid also cited “the length of time before the accusations would go to trial” as a further reason that it would not be in the public interest to proceed.
Bishop Dyer had been due to face a disciplinary tribunal in September (News, 24 May), but this had been postponed after she made an application for more time to prepare (News, 23 August).
Details of the allegations have never been made public, but a document shown to the Church Times show that one of the charges that Bishop Dyer was due to face was that she “did bully, harass and discriminate against” a diocesan employee, who, it is understood, has a disability, over a period of almost two years.
The charge said that this was “in breach of SEC safeguarding policies”, and included “conducting an improper and ultra vires review” of the employee’s role.
The employee was signed off work, the charge says; and, after the review in question, was made redundant during the first Covid lockdown, despite the Government’s furlough scheme.
In a statement circulated to journalists on Tuesday evening, Bishop Dyer said that “justice has been served,” and that “all allegations against me have finally been dismissed.”
Bishop Dyer said that her legal team “had full confidence that none of the allegations would have withstood examination by a fair and impartial tribunal”, and that she was “extremely pleased” that “after such a long and trying time for everyone involved, this very unfortunate episode has been brought to a successful conclusion.”
The statement concludes: “I sincerely hope that those whose claims instigated this episode will now engage meaningfully in a process of mediation to enable the Church to heal and focus on its wider mission. They will find me a ready and willing partner in that healing process.”
A statement from the diocese says that Bishop Dyer will resume her duties in the diocese in due course. In her statement, she said that she was looking forward to resuming her duties “in the days and weeks ahead”.
In his note of reasons, Mr Reid reveals that, on 24 September, he gave Bishop Dyer, and the Church an indication of his intention to dismiss the accusations. This, he writes, was to “provide space for the Bishop and the Church to arrange an orderly return to work”.
A statement from the diocese, released on Tuesday evening, says that “all parties involved are being informed today of the Procurator’s decision.”
On Wednesday, a lay representative of the diocese of Aberdeen & Orkney on the Episcopal Church’s General Synod, and a complainant in the case, Dr Stephen Goodyear, said that complainants and alleged victims in the proceedings had not been given advance notice of Mr Reid’s decision.
He said that it was “profoundly concerning and makes a mockery of the Church’s disciplinary process” that the case was no longer being brought to a tribunal.
The Primus, the Most Revd Mark Strange, said in a statement on Tuesday: “This has been a long and difficult process for everyone involved, and I recognise that the outcome will be welcomed by some but will disappoint others.
“The College of Bishops calls on all in the Diocese of Aberdeen & Orkney, and the wider Church, to work together to achieve reconciliation and healing as we look to the future.”
A spokesman for Bishop Dyer said that she was not available for interview.