The Arlington (Virginia?) Tribunal procedures were posted in here and there are a couple of points that I would like your opinion on. 1. The tribunal states that during the Publication of the Acts, the parties can see witnesses statememts WITHOUT the name associated with their statememts. Is this fair? Is this common practice? 2. No notes are allowed to be jotted down during the examination of the Publication of the Acts. Is this fair? There must be a good reason for these procedures but they escape me, Dave

-- David Neil (summertime@ns.sympatico.ca), February 19, 2004

Answers

Please write to, or phone, the tribunal to get the true answers to your questions (and to find out if what they are doing is required by law or is standard procedure around the world) -- instead of inviting speculation here from people who may hate the Arlington tribunal.

----- Address:
Tribunal
Diocese of Arlington
200 N. Glebe Road
Arlington, VA 22203

----- Phone:
703-841-2555

-- (Tribunals@Are.Dependable), February 20, 2004.

David,

Fairness & Law are two separate things -I would assume that Canon Law is fair as it is based upon Truth...

Incorrect or improper interpretation of law though, may be 'unfair' - in essence misapplication or procedural error would be unfair.

IF you feel that the Arlington Tribunal is in error well intentioned or not THEN asking the Arlington Tribunal for 'their' opinion and or interpretation on such matters would not accomplish what you wish to accomplish...

I would suggest you research the matter and consult with other 'third parties' that are familiar with Canon Law & Tribunal Procedure... There are advocates (Cannon Lawyers) available AND there is Rome...

Daniel////

-- Daniel Hawkenberry (dlm@catholic.org), February 20, 2004.

Truly brilliant, Hawk! Your position is not to allow the accused to defend themselves. Truly brilliant! Really a paragon of Catholic justice, aren't you?

-- (Tribunals@Are.Dependable), February 20, 2004.

Tribunals@Are.Dependable,

One thing that we most definitely disagree on is your false belief regarding just what constitutes 'justice' or as you term it - "Catholic justice" -- I would suggest that justice is derived from Truth -the seeking out and acceptance of Truth...

A Tribunal does not need defense NOR does its measure of justice promoted depend upon its ability to defend itself or win any debate with canon laymen, professional or anyone for that matter; IN FACT, there is no debate there is only obedience or lack of obedience...

The measure of any Tribunal is ONLY based in ultimate Truth NOT relativistic argument -in each case investigated, prosecuted and declared, they are either in agreement with that put forth by the Magisterium or they are not -in each case, they are either seeking Truth and promoting justice or not...

-- Daniel Hawkenberry (dlm@catholic.org), February 21, 2004.

David,

I will answer one of your specific questions based upon my limited knowledge of procedure & rights....

"The tribunal states that during the Publication of the Acts, the parties can see witnesses statememts WITHOUT the name associated with their statememts."

This can be true BUT ONLY on an exceptional basis and not as a matter of standard procedure: -- exceptional e.g.; the witness is in grave danger or may be subjected to grave danger as a result of providing testimony in the case.

HOWEVER, the grave danger must be substantiated to exist and be truly grave as the exception it allows would deny the petioner and or respondent the ability to fully defend/pursue Truth by denying 'them' the right to request that specific witnesses testimony be set aside or that a witness be recused because of some provable conflict of interest or provable conflicting testimony...

It is probably almost impossible to request a specific witness and thier testimony not be admitted if you can not specifically identify them let alone establish any corraborating evidence without knowing who the 'who' is...

-- Daniel Hawkenberry (dlm@catholic.org), February 21, 2004.

David,

How are things going for you in this?

Daniel///

-- Daniel Hawkenberry (dlm@catholic.org), July 17, 2004.

Daniel,

I have found that this forum is not the best or most appropriate place to be following the individual marriage cases of others. I myself came here originally seeking knowledge to help my own case, but have found that the best advice can be obtained privately. This forum proved to be quite a distraction at times. Don't let that be the case for you.

If you want that good legal advice for your own case, send me a private email. I can put you in touch with competent counsel.

-- Pat Delaney (pat@patdelaney.net), July 18, 2004.