Bencini - Deborah Schembri should seek legal redress on tribunal ban

Constitutional lawyer and anti-divorce activist Austin Bencini advises pro-divorce lobbyist Dr Deborah Schembri to seek legal redress over her unceremonious ‘ban’ from the Ecclesiastic Tribunal.

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Schembri had her warrant to represent clients in the Ecclesiastical Tribunal for marriage annulments withdrawn by the Judicial Vicar over her activism in the divorce campaign.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

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victor refalo
All this hullaboo has only been created thanks to Eddie Fenech Adami who in his wisdom decided to give priority to church tribunals over civil ones more than a decade ago. I still think this was the price he had to pay for taking the property of the church despite his opposition to the move by Mintoff in the early 1980s. This legislation removed the clear distinction between State and Church that Mintoff wisely strived for and impose on a reluctant and highly conservative church in the 1970s. It is time to ensure that the separation between Church and State is re-invogarated and re-established for the good of our liberal democracy. Only then can we compare ourselves to Western Europe as opposed to the saudi arabia of the mediterranean that we have become thanks to arch conservatives like Fenech Adami.
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@mike, hafna minnhom ilhom snin jghixu flimkien diga. min ikollu t-tfal u min ma jkollux. Mika , meta kopja tissepara legalment, ma jkollux jew hi ma jkolliex doveri lejn ir-ragel jew huw ma jkolux doveri lejn il-mara li kellu- izda lejn it-tifel jew tifla li jkollom Biss! Mhux difficli Mike. Jekk ezempju mara bi tifel jew 2 terga tizzewweg , hem hekk irid jieqaf il-manteniment min naha ta ex ragel taghha. Mike bi separazjjonijiet li hawn ilum , li huma hafna,diga qed jiehdu il-beneficji socjali, kwazi kull mara separata qed tiehu beneficji kif ukoll kull ragel separat jekk m a jahdimx. Mike jekk tizzewweg u ragel jahdem il-beneficcji jinqatghu. Xi hadd isaqsi fil-parlament kemm nies separati qed jircievu ghajnuna min beneficji socjali u kemm? ( mela digi eziztenti din) issa jekk dawn min irid jizzewweg u min forsi ghalissa ma jridx, allura jekk jizzewgu u xi hadd jahdem minnhom , il-beneficcji socjali ma jibqawx jinataw , mhux hekk? Anke l-pajjiz imur ahjar
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Jaqaw it-Tribunal Ekklesjastiku ghadu jghix fiz-zmien tal-Inqwizitur.
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If i have to be objective - Dr. Bencini who is an exceptional constitutional law lawyer abided by his principles within the constitutional sphere when he advised Dr. Schembri to seek redress over her ban from the Ecclesiastical Tribunal. As much as this freaking island has arrived at a point of no return, but I must say that I do look up to Dr. Bencini, and although I am in full favour of the introduction of divorce - I admire Dr. Bencini because he did not take a biased stand and stood by his principles legally and constitutionally. So the fact that he is in the Le movement but still advised Dr. Schembri in such a way does not show double standards but objectivity and full knowledge of Constitutional Law. We can't for goodness sake look at things from a parochial point of view but from an objective one. And in this issue I must say that Dr. Bencini was very objective, down to earth and also adhered fully to Constitutional Law.
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I heard 'Inkontri' and I was horrified to hear that a local Judge concluded that the Church's Tribunal are part of the Maltese State constitution. Only in Malta!
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@Silvio Prosit l-ewwl iccajtatajt ftit mihekk. jekk jghaddi ir-referendum kellu bzonn vera issir liġi iebsa imma diġa tidher li mhux ħa issir għax anke il-mistoqsija fiha x'tifhem. Ghidli min ser jidholl fit 2 jew 3 zwieġ kif ser imantni li ta' qabel ghax illum jien ghandi problema sabiex nghaddi. Il-problema li ħadd mhux qed jitkellm fuqha li ser ikun hawn piz fuq is-servizzi socjali. Hu dan iffiser li l-penzjoni tal-irtirar bye bye gjew ikollna inħallsu extra. il-paci mieghek
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all@ Heard him with my own ears. He said that Deborah ghanda kaz and that she should take the Ecclesiasticals to court. May I ask what is he doing on their side when they are so ruthless and undemocratic. Deborah has an opinion and she has all the rights in a democratic country to express it . I hope that Dr Bencini like Deborah wouild not end as an outcast, the bitter bit is that they are supposedly his friends.
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mike , divorce tinstema kerha vera. Pero il- marital breakdown ghandhom bzonn , kompassjoni , ghajnuha u mhabba wkoll bhall kulhadd. Pero wara referendum jghaddi u ma jaghddiex- nixtieq li MPs jaghmlhu xogholhom huma, wara lijkunu semghu lehen il-poplu. Fl-ahhar mill-ahhar dak huwa xoghlhom- Pero l-ligi tad-divorzju nixtieq tkun mhux facli- iebsa u min kisser iz-zwieg ihallas, jerbah il IVA je LE. Jiena nemmen li MPs fl-ahhar mill-ahhar ghnadhom jaghmlhu ligi responsablli u iebsa sabiex tiehu divorzju , kif ukoll li min kisser iz-zwieg irid ihallas.
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Take away our hearts of stone, and give us a heart of flesh. A Yes Vote to implement a caring, concerned and compassionate response to marital breakdowns. I hope that you will make every effect to give a resounding YES on the 28th of May to civil rights, compassion,generosity and courageous concern
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Go on Deborah take them to court because if someone had trodden on their rights, they would make a hell of a hullaballoo! For more info on pro-divorce log on: mazzun.wordpress.com
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" [story lead corrected]" Thank you.
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They were doing a remake of "Trading Places"
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@ Silvio Falzon, I agree with you its a mistake yes Divorce is a mistake.
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"Constitutional lawyer and pro-divorce activist Austin Bencini advises anti-divorce lobbyist Dr Deborah Schembri to seek legal redress over her unceremonious ‘ban’ from the Ecclesiastic Tribunal." @ Online Editor - Is this a mistake or you are trying to pull our two legs at one go?
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well it's a mistake, should be the other way round, it's ok just an error :) Austin Bencini i saw him a bit on the programme, cause I don't like bla bla bla programmes, I always thinks with my OWN MIND. He is just Pretending , he is not real, cause in the end he knows that even without divorce, the marital breakdown will still continue..
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Igor P. Shuvalov
"Constitutional lawyer and pro-divorce activist Austin Bencini advises anti-divorce lobbyist Dr Deborah Schembri " Something does not sound right here..