Bencini - Deborah Schembri should seek legal redress on tribunal ban

[story lead corrected]

Bencini said on One TV's Inkontri on Monday evening, that since Malta’s Constitution enshrined the right to a fair hearing, Schembri was entitled to a fair hearing because this right extends over decisions taken within the Ecclesiastic Tribunal as well.

He noted that Schembri’s right to a fair hearing was not provided, as the decision was taken unilaterally by the Tribunal and Schembri was simply informed of the outcome.

“As a constitutional lawyer, the advice I give to Schembri is to seek out her rights within the courts,” Bencini said , stopping short of saying whether he agreed with the ban or not.

Schembri had her warrant to represent clients in the Ecclesiastical Tribunal for marriage annulments withdrawn by the Judicial Vicar over her activism in the divorce campaign.

She later argued that the Ecclesiastic Tribunal’s ability to stop lawyers from practicing within its tribunal over views on divorce violates the fundamental rights of a client’s right to choose the lawyer of their choice.

Earlier this week, Schembri also said that she would consider contesting her ban from the Ecclesiastic Tribunal after the divorce referendum “so as not to mix the two issues.”