Pope broke canon law dismissing bishop, say experts

The Sydney Morning Herald

BARNEY ZWARTZ - February 2, 2012

The Pope acted against natural justice and the Catholic Church's own canon law when he sacked Bill Morris as Bishop of Toowoomba last May, two expert independent reports have found.

The Queensland Supreme Court judge W.J. Carter found that Bishop Morris was denied procedural fairness and natural justice and his treatment was "offensive" to the requirements of both civil and canon law.

He wrote about one unsigned Vatican letter to the bishop: "One could not imagine a more striking case of a denial of natural justice". His conclusion was endorsed by a leading Australian canon lawyer, Father Ian Waters, of Melbourne, whose report was made public last week.
He found that Pope Benedict had breached canon law and exceeded his authority in removing Bishop Morris without finding him guilty of apostasy, heresy or schism and without following the judicial procedures canon law requires.

Bishop Morris was sacked by the Pope after refusing to resign when requested to do so by three cardinals, the heads of important Vatican departments, who considered that his leadership was "defective".

He never saw any of the charges against him and never had a chance to defend himself.

Both reports were commissioned by Bishop Morris's supporters in Toowoomba.

Justice Carter listed 14 points where Bishop Morris was deprived of natural justice and due process and writes that the Vatican showed "an appalling lack of evidence and particularity", "demonstrable errors of fact" and decisions "by high-ranking church officials more likely based on gossip and hearsay" than evidence.

Bishop Morris had strong support from his diocese, especially the Toowoomba Diocese Leadership Group, comprising the diocesan council, the heads of every Catholic agency and all but three priests. All wrote letters supporting the bishop to the Vatican, without his knowledge, but never received a response.

Father Waters said there were six ways to move a bishop, not counting death: expiry of a predetermined time; reaching a defined age limit; resignation; transfer to another office (usually ''promotion''); removal; and deprivation. The first four did not apply.

There was no protocol for removing a bishop, but removing a priest requires a set judicial process, including the right to defend himself. Deprivation also requires a proper judicial process, which Bishop Morris was denied.

''Although the Holy See identified what it believed to be a canonical reason for removal or deprivation (''leadership of the diocese is seriously defective''), it consistently refused to permit a canonical process for either to commence,'' Father Waters wrote.

The Toowoomba Leadership Group spokesman Father Ray Crowley said they were mystified at how the Vatican could have come to its decision. They had sent the reports to all bishops and the Vatican. The Australian bishops had promised to send a delegation to meet them next month.