Showing posts with label Litigation. Show all posts
Showing posts with label Litigation. Show all posts

Wednesday, August 12, 2015

Franciscans of the Immaculate: Will the New Commissar Also Bring the New Spirit?

(Rome) Since last June, the Order of the Franciscan Friars of the Immaculate have been assigned  the Salesian priest Sabino Ardito, a canon lawyer, as the new Apostolic Commissioner. Yet there is still a demon in the Order, says Messa in Latino.  Father Alfonso Bruno was responsible and  the ultimate beneficiary of the palace coup against Founder Manelli.
Alfonso Bruno, the father with a penchant for self-expression, already belonged to the old leadership the order, where he was responsible for its media presence. At that time he was only one among several. Then came the dismissal of Minister General Father Stefano Maria Manelli and the whole Order leadership by the Vatican. Alfonso Bruno was the one who made the news public through his media contacts and thus - at least initially - of the urgency  of a  radical intervention.

Press Releases, Legal Letters and Ads

Apostolic Commissioner Father Fidenzio Volpi was then appointed, who was ran like a bulldozer over the Order. The first official act of the Commissioner was the appointment of Father Alfonso Bruno as Secretary General of the Order and thus his right hand.  Excepting the Commissioner, who belongs to the Capuchin Order, Father Alfonso Bruno has since been at the top of the Order of the Franciscan Friars of the Immaculate, and completely alone.
The decisions by which the clear-cutting was done were signed by Commissioner Volpi. Partially also by the Secretary General, in part he remained in the background, as he had done well in advance of the palace coup against the Founder, who embodied the Order's charism  and the Old Rite. But his handwriting appears on the endless flood of corrections, warnings, notifications, which were all issued  since the coup in July 2013,  against those who expressed criticism  of the actions of the Holy See and the Commissioner.

"Disinformation on the Internet"

The most recent example is the correspondence of a lawyer, which the Catholic website  Riscossa Cristiana received by electronic mail on August 4th. In the letter, the editor  and writer are required to   delete  two articles. The lawyer acts in the name of Father Giulio Maria Scozzaro. Both articles dealt with the issue, as well as the title of the second article: "The Franciscan Friars of the Immaculate and the Disinformation on the Internet".
The items were manifestly defamatory and would severely damage the honor of his clients.
The first article reported the facts about the dismissal of Giulio Maria Scozzaro on 4 October 2007 from the Order of the Franciscan Friars of the Immaculate by the then General Superior Father Manelli. It was a decision that was confirmed by the Congregation of Religious on 8 April 2008 after Scozzaro raised opposition  against it. "Facts can not be libelous," said Cristiana Riscossa in response to the lawyer.
In the same article, Scozzaro's publication on his internet blog was criticized, which  can also be read there as before. Therein Scozzaro vehemently attacked Order's founder and his now deposed Superior General, Manelli.

Volpi's Reintroduction of Dismissed Manelli Brother

However there is something now new that has became public, it was at the time of publication unknown.   Initially in the context of the contested articles the lawyer submitted, was a decision of 11 February 2015 where the late Commissioner Volpi annulled  the  Scozzaro's dismissal from the Order and has readmitted him into the Order.
Volpi's amazing justification, which made Manelli's decision null and void  from formal legal reasons, is that  the dismissal is supposed to have  never been legal. Amazing because Scozzaro had lodged an appeal against his dismissal to the Congregation of Religious and  confirmed this after examining the case of   dismissal. Volpi's decision bears his signature and that of Alfonso Bruno. "Does  Commissioner Volpi, have the right or the authority to annul an order  whose validity has been confirmed by the religious congregation?" Asked Riscossa Cristiana .
As an aside  it should be recalled that Father Scozzaro could appeal against his dismissal appeal to the Congregation of Religious. Founder Manelli and the deposed general leadership could not have prevented it by  objecting to the provisional administration. Pope Francis had approved the drastic intervention in a form that made any appeal impossible.
The second article referred to the  collected signatures at that time in support of the Franciscan Friars of the Immaculate and of the Roman Rite. "A report on a petition is also hardly libelous," said Cristiana Riscossa.  Also in this article, the facts of the early dismissal of Father Scozzaro was also reported.
"What can you say about the behavior of a priest and religious who don't directly seek contact and  admonishes  by using worldly means and threatening legal action? For this I will ask the new Apostolic Commissioner for clarification, as well as the bishop of the diocese where  P. Scozzaro is still incardinated. "
The corresponding letter was sent on August 10 to the Apostolic Commissioner and to the Congregation of Religious. The Commissioner immediately acknowledged receipt.
Text: Giuseppe Nardi
Image: Corrispondenza Romana

Wednesday, December 26, 2012

SSPX Wins Libel Case Against Bavarian Newspaper

Edit: this is from the SSPX District page, which is a kind of Christmas present from the German government:

The era of slander against the Society of St. Pius X is coming slowly to an end.

Often there are and have been journalists, who in the newspapers or other media disseminate downright  tall tales about the Society.

The most recent case was on the 25th of October in the Mittelbayerischen Zeitung.  There an author by the name of Fritz Winter presumed to make hair raising assertions about the Society.

The Society went with these articles to the Court of Appeals in Nurenburg and received justice.

Conclusions of the Court of Appeals in Nurenburg from 21 December 20012 [Excerpt]

I.  As far as the appeal  by the applicant the conclusion of the Regensburg court of the 23rd of November has been amended.

II.  The adverse party will be condemned in the manner of an injunction, immediately in the first part of the "Mittelbayrischen Zeitung" with the same font as the editorial:

"The evil brothers" is printed on October 25th, 2012 without insertions and deletions reprints the following reply:

Replies

In the commentary "the Evil Brothers"  by Fritz Winter on the 25th of October, 2012, there were several untrue assertions of fact:

1. "The Society of St. Pius X is ... in its heart, an organization hostile to the Constitution."

It's true that the Government upon the proposal of the Representative Volker Beck among other things, had directed (Bundestag Printed Paper 17/3334): "According to the Constitution of the Government there is in relation to the Society of St. Piux X  no ... evidence for a constitutionally hostile activity."

2.  "They [The Society]  Promotes a "Catholic Theocracy".

It's true, that the Society does not promote a "Catholic Theocracy".

3. "They [The Society] oppress the rights of women."

It's true, that the Society neither oppresses women, nor their rights.


4.  "A serious distancing of all members [The Society] from Williamson and from anti-Semitic inclinations is not evident."

It's true, that the entire Society, represented by a majority through their General Superior and German District Superior as through the Rectors of the Priestly Seminary in Zaitzkofen, repeatedly and clearly has distanced itself from Bishop Williamson, whereby his  henceforth consequent expulsion goes beyond a mere distancing.  Similarly the Society has distanced itself from every form of anti-Semitism.

[The damages ordered and their justification follow here.]

Signed,

Huprich

Judge to the Court of Appeals

This court decision of the Higher Regional Court, Nuremberg is a major victory for the Catholic tradition, because he slanders against the SSPX by anti-clerical circles put a stop.>







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