Chamber of Advocates to meet Church authorities over lawyers’ suspensions

Chamber of Advocates says Church tribunal, which has civil powers, cannot deny pro divorcr lawyers right of audience.

The Chamber of Advocates has expressed its concern that certain lawyers are not being granted the right of audience before the Ecclesiastical Tribunal, which has civil effects, for the simple reason that they have publicly expressed views in favour of the introduction of divorce legislation.

Two Labour MPs, Owen Bonnici and Anglu Farrugia, said they have been informed by clients they are no longer suitable to represent them in the Ecclesiastical Tribunal, where the Catholic Church holds hearings for marriage annulments. The Tribunal has said no such decision has been taken.

“The Chamber maintains that in a democratic society every individual enjoys the right to choose his or her own lawyer and this right should not be limited in any way,” president Reuben Balzan said.

The Chamber shall be requesting a meeting with the relative Church authorities requesting clarifications and reserves the right to take the matter up should such clarifications be unsatisfactory.

Owen Bonnici and Labour deputy leader Anglu Farrugia both told MaltaToday their clients were informed they should change their lawyers, in echoes of the suspension of pro divorce figurehead Deborah Schembri, a lawyer who was suspended from the tribunal at the start of the referendum campaign.

The chancellor of the Tribunal, Joanne Camilleri, said no such decision had been taken. “If and when any decision in this regard is taken this will be communicated to the persons concerned,” she told MaltaToday. When asked again about clients who been specifically told to look for a new lawyer, the Chancellor responded: "No. Such decisions are always communicated in writing.”

But Owen Bonnici said his client had specifically asked a receptionist whether he was still eligible to represent her, given that he had been a part of the divorce campaign.

“My client said the receptionist opened a file and then told her, ‘no – change the lawyer’. She then told her that everything would stay as things are for the time being, until a decision is taken,” Bonnici said.

“It’s not something I’m taking lightly because it’s tantamount to pressure on an MP on the way he votes, and I will choose my duty over my daily bread in this case.”

Anglu Farrugia told MaltaToday he was not able to obtain either confirmation or denial of whether he had been removed from the Ecclesiastic Tribunal’s album.

“I was told earlier today that I had been removed from the Ecclesiastic Tribunal without my knowledge. When I called, I was told that I was still on the list but I was not given any further details as the Monsignor was not present. I do not know to which Monsignor they were referring to.”

[Mgr Arthur Said Pullicino is the Judicial Vicar of the metropolitan tribunal, while Mgr Louis Camilleri is a canonical advisor at the tribunal].

“I understand that if I were to be removed from the Ecclesiastic Tribunal’s album, I would receive notification in writing,” Farrugia said. “I was also told that Owen Bonnici was also removed from the album without his knowledge.”