Appendix VIII
Because
the Apostolic Signature allowed its preliminary decision to be broadcast
widely, it is necessary to publish here two documents that were instrumental
in reopening that decision. These documents help set the record straight
at this time of the ever coming closer final showdown between certain
Vatican bureaucrats who apparently answer to no one and the full Fatima
Message as given by Our Lady.
SUPREME TRIBUNAL OF THE APOSTOLIC SIGNATURA
An Appeal from a Decree
of the Congresso, dated May 15, 1995,
Refusing to Admit this
Cause for Discussion by the Judges of the Plenaria
Protocol No. 25250/94 C.A.
-by-
[SUBMITTED ALSO UNDER Protocol No. 96002069]
Father Nicholas Gruner,
S.T.L.; S.T.D. [Cand.]
Recurrent.
I. INTRODUCTION
Recurrent hereby appeals from a decree
of the Congresso, dated May 15, 1995, and received by recurrent on October
28, 1996, refusing to admit this recourse for discussion to the judges
of the Plenaria.
Recurrent hereby affirms that he has made
this recourse within 90 days of his reception of the decree from his
former advocate, Carlo Tricerri, who did not advise recurrent of the
existence of the decree or provide him with a copy of it until October
28, 1996. On November 15, 1996 recurrent advised this Tribunal that
he would file this recourse within 90 days of October 28, to which advice
he received no objection from the Tribunal.
Recurrent affirms he was ignorant of how to appeal
to the Plenaria, but has relied entirely upon his advocate, who never
advised recurrent of the applicable time limits and procedures, and
never took an appeal from the decree. [After he received the decree,
recurrent was advised by a canonist that 90 days is the time limit for
this appeal.] Based on advice from another advocate of this Tribunal,
recurrent believes advocate Tricerri was unable to render effective
legal assistance in this matter because of debilitating illness. Accordingly,
recurrent hereby discharges advocate Tricerri from the cause and reserves
the right to find a new advocate.
The decree sub judice leaves intact
an order issued on January 31, 1994 by the Bishop of Avellino, His Excellency
Antonio Forte. Said order directs recurrent to return from Canada to
the Diocese of Avellino after an approved absence of over 16 years,
without just cause, and canonically admonishes recurrent for completely
unspecified “outrages” and “scandals”.
b>Reliance Upon Related Recourse
For purposes of this appeal, recurrent
hereby incorporates by reference, as if completely restated here, the
facts and legal arguments contained in the related recourse already
pending before this Tribunal under Protocol No. 96002069. A copy of
the related recourse is affixed hereto.
II. GROUNDS FOR APPEAL
Recurrent appeals said decree on the following
grounds:
A. In general, as to the decree itself:
(1) The decree served as the procedural
predicate for a subsequent order by the Bishop of Avellino, issued May
16, 1996, which relies upon the decree and orders recurrent to return
to Avellino in 29 days under penalty of suspension. Accordingly, the
related recourse should be stayed until this recourse is decided.
(2) The decree is the obvious product
of blatant bias and marked hostility on the part of the Prefect of this
Tribunal, who has been working behind the scenes since at least 1989
to arrange the exile of recurrent to Avellino, even though three successive
bishops of Avellino had no grievance against recurrent and no reason
of their own to recall him.
Civil litigation in Canada has uncovered
a letter from the Prefect to the Bishop of Avellino, dated October 27,
1989, in which the Prefect privately advises the Bishop to revoke recurrent’s permission to reside
outside the Diocese of Avellino and to threaten him with suspension
and ultimately reduction to the lay state. Said letter instructs the
Bishop to pretend that the idea of recalling and canonically punishing
recurrent was the Bishop’s own, and not the Prefect’s.
(Despite this letter, recurrent’s permission to reside
outside the Diocese of Avellino was not revoked until the above-noted
order of Bishop Forte, dated January 31, 1994.)
(3) The decree contains no fewer than
12 manifest errors of fact and law. The decree uses these errors to
support its false conclusions (both express and implicit) that recurrent’s permission to live outside
the Diocese of Avellino was revoked in 1989, that he was disobedient
to legitimate precepts of his superiors, that he was deprived of “faculties”,
that he waived his right to be incardinated in an Indian diocese, that
he has been living in Canada and conducting his apostolate in violation
of the law of the Church.
(4) The decree,
with all of its errors, was evidently released by this Tribunal for
publication and distribution throughout North America, despite the supposed
confidentiality of proceedings in the Signatura. The decree must be
amended to reflect the true facts and law so as to restore recurrent’s good name and priestly
reputation.
B. In particular, as to the decree itself:
(1) The decree falsely accuses recurrent
of “de facto independence” from ecclesiastical authority, when there
is no factual dispute [see related recourse] that recurrent had both
express and tacit permission from three successive Bishops of Avellino
and various local ordinaries in Canada to reside in Canada and conduct
his work there for over sixteen years. Furthermore, there is no such
offense as being “de facto independent” from a bishop. It is perfectly
legitimate to maintain incardination strictly as a conditio iuris
while residing permanently outside the diocese of ordination with the
bishop*s permission, as the Congregation for the Clergy
implicitly conceded in the related recourse. [It must be noted that
the identical phrase “de facto independence” appears in the aforementioned
1989 letter of the Prefect, directing the Bishop of Avellino to revoke
recurrent’s
longstanding permission to reside in Canada while pretending that this
action was taken on the Bishop’s own initiative.]
(2) The decree falsely implies that recurrent’s
apostolate has been conducted without some necessary “canonical recognition”
and is an unlawful “private initiative”. Absolutely no canonical recognition
is required for recurrent’s apostolate, and there is nothing unlawful
about a “private initiative” by a priest in the field of apostolic work.
[Can. 278] What is more, recurrent’s apostolate was conducted with the
express and tacit permission referred to above.
(3) The decree falsely accuses recurrent
of disobeying a “precept” of the Papal nuncio, when no such precept
was ever given, as the nuncio admitted in a letter and in a tape-recorded
conversation.
(4) The decree falsely accuses recurrent
of disobeying a “command” of the Congregation for the Clergy to be incardinated
elsewhere or return to Avellino, and of ignoring a canonical admonition
by the Congregation in that regard. In fact, the “command” and “admonition”
were issued by the Prefect of the Congregation at the time (Cardinal
Innocenti) in an ultra vires manner, usurping the authority of
the local ordinary, who had issued no command or admonition himself.
[See Can. 1339 §1] Accordingly, the “command” and “admonition” were
dropped by Innocenti after recurrent objected in writing and appealed
to the Pope. None of these facts is mentioned in the decree.
(5) The decree falsely states that plaintiff’s
permission to live outside of Canada was revoked by the Bishop of Avellino
on November 15, 1989, when in fact it was not revoked until January
31, 1994 by the aforesaid order of Bishop Forte. The letter of November
15, 1989 makes no demand that recurrent return to Canada, and subsequent
letters from successive Bishops of Avellino clearly presume the continuation
of recurrent*s
1978 permission to live outside the Diocese of Avellino. This false
finding of “fact” is used by the decree to give the impression that
recurrent was a “vagus” priest from 1989 to 1994, and that he was contumaciously
refusing during that time a lawful order to return. There simply was
no order to return, nor any revocation of the permission to remain outside
the diocese, until January 31, 1994.
(6) The decree falsely states that by
letter of July 18, 1989, the Bishop of Avellino at the time, His Excellency
Gerardo Pierro, revoked “all faculties” he had given to recurrent, but
the decree fails to note the obvious point that recurrent had no faculties
in the Diocese of Avellino in the first place, and that the letter was,
therefore, quite meaningless. Yet, said letter does affirm recurrent’s continued permission
to reside in Canada while seeking a benevolent bishop to incardinate
him elsewhere.
(7) The decree falsely states that recurrent
failed to “contest” the so-called “revocation of all faculties” referred
to in the previous paragraph, when there were no faculties to revoke
and nothing to contest—as confirmed by the advice of a professor of
canon law consulted by recurrent at the time the July 18, 1989 letter
was issued.
(8) The decree falsely states that recurrent
failed to “contest” a so-called “refused incardination” by Bishop Rego
of India, when in fact there is no provision in the Code of Canon Law
for contesting a Bishop’s
refusal to incardinate. Furthermore, Bishop Rego withdrew his offer
of incardination only because of ultra vires interventions by
the then Prefect and Secretary of the Congregation for the Clergy, who
systematically blocked recurrent’s incardination by a series of benevolent bishops,
which this Tribunal knows but which the decree does not reveal.
(9) The decree falsely asserts that recurrent
failed to make recourse against the canonical admonition and threat
of penal process contained in Bishop Forte’s
January 31, 1994 order to return, when the brief submitted to this Tribunal
by recurrent’s advocate, Carlo Tricerri, clearly objects to the miramur
and threat of penal process as being utterly without foundation under
Cann. 1339 and 1341, there having been no episcopal investigation, let
alone proof, of the required, “scandal”, “proximate danger of scandal”
or other grounds for issuing an admonition under said canons.
(10)
The decree falsely states that recurrent’s forced return to Avellino did not involve a canonical penalty from
which a recourse would lie, when in fact loss of residence and
exile to a foreign diocese (which had denied recurrent any canonical
mission and allowed him to establish his roots in Canada) are clearly
penalties under Cann. 1336, §1, 1, for example.
(11) The decree falsely states that there
was “just cause” for recalling recurrent to Avellino because he “after
so many years has not yet been incardinated in another diocese”. This
Tribunal is well aware that the former Prefect and current Secretary
of the Congregation for the Clergy—through illicit, extra-canonical
private interventions kept hidden from the record of these proceedings—have
systematically blocked recurrent’s incardination by a series of benevolent bishops
who wished to foster his apostolate. This fact was not disputed by said
prelates in the related recourse when it came before them. This Tribunal
is also aware that said prelates have even attempted to coerce the Archbishop
of Hyderabad into withdrawing his formal decree incardinating recurrent
in his Archdiocese, which decree explicitly refers to a conspiracy by
said prelates to deny recurrent his rights with respect to incardination
by a benevolent bishop.
(12) The decree falsely states that there
was “just cause” for recalling recurrent to Avellino because he was
conducting “his own private work” “de facto independently of the legitimate
ecclesiastical authority”. As already noted, three successive bishops
of Avellino freely allowed recurrent to engage in the apostolate
for over sixteen years without objection; the apostolate also received
express and tacit permission from various local ordinaries in Canada;
and the phrase “de facto independent” is, in any event, quite meaningless
and of no import canonically. Moreover, Can. 278 envisions the establishment
and conduct of private associations for pious works by secular priests,
without need of formal canonical recognition or approval.
C. In particular, as to
the underlying order of Bishop Forte:
While this Tribunal’s competence in contentious-administrative
recourses is limited to the question whether the law was violated by
the administrative act of a bishop, the norms governing contentious-administrative
recourses do permit recourse from the substance of a bishop’s administrative decision, as a violation of
the law in decernendo, if
“[I]t could be proven
that the reasons given by the bishop were substantially unfounded
... [or] if canon law requires specific reasons for a particular type
of decision ... and it could be proven that such requirements
were not observed.” [Norm 1(c)]
This case involves palpable violation
of the law both in decernendo and in procedendo by the
Bishop of Avellino for the following reasons:
(1) Successive Bishops of Avellino admitted to
recurrent that they themselves had no grievances against him and no
reason to recall him to Avellino, but were acting solely at the behest
of the aforesaid prelates. [Cfr. undisputed statement of facts in related
recourse.] Thus, the January 31, 1994 order to return was admittedly
without foundation, and therefore a per se violation of the law
in decernendo.
Recurrent and three successive bishops
of Avellino had clearly established a modus vivendi of many years
duration which is not uncommon for priests today: Recurrent’s incardination in Avellino
was maintained strictly as a conditio iuris while he was permitted
to pursue his legitimate apostolic work. Indeed, the Diocese of Avellino
manifestly never had need of recurrent’s physical presence since
he had never been given any canonical mission in the diocese. What is
more, as noted in the factual recitation of the related recourse, it
was impossible for recurrent to have a canonical mission in Avellino
since he could not speak the dialect, was not permitted to hear confessions,
and could not even deliver a sermon unless it was first totally written
out by recurrent in Italian (in which he has never been completely fluent,
let alone able to write ecclesiastical prose).
The aforementioned letter sent by the
Prefect of this Tribunal to the Bishop of Avellino in 1989 proves conclusively
that there would never have been a revocation of recurrent’s permission to live outside
the diocese had it not been instigated and orchestrated by the Prefect
as part of a preconceived plan to silence recurrent and abolish his
apostolate because it promotes legitimate views concerning the Message
of Fatima which certain members of the Vatican apparatus, including
the Prefect, vehemently oppose. [Cfr. related recourse]
In short, there was, by the Bishop’s
own undisputed admission in the related recourse, no “just cause” for
recalling recurrent to Avellino pursuant to Can. 271§3.
(2) Since recurrent’s “failure” to be
incardinated by another bishop was caused entirely by the ultra vires
interventions and abuse of authority by the aforesaid members of the
Congregation for the Clergy, with the evident collaboration of the Prefect
of this Congregation, the “failure” to be incardinated was not “just
cause” recalling recurrent to Avellino after an approved absence of
over sixteen years.
It is of utmost importance to note that
there is no dispute in the related recourse that recurrent’s
incardination by a series of benevolent bishops was systematically obstructed
by the aforesaid members of the Congregation for the Clergy through
unprecedented extra-canonical, secretive means (and with the evident
collaboration of the Prefect of this Tribunal, who himself initiated
the process of unjustly recalling recurrent to Avellino with his letter
to the Bishop of Avellino of October 27, 1989). Indeed, even when recurrent
succeeded in obtaining a formal decree of incardination from the Archbishop
of Hyderabad, said prelates refused to accept it, and privately intervened
once again to block recurrent’s incardination by yet another benevolent bishop.
It is manifest, therefore, that recurrent’s
so-called “failure” to be incardinated in another diocese was not just
cause for recalling recurrent since recurrent was indisputably not at
fault for “failing” to be incardinated.
(3) Recurrent was manifestly not a “vagus” priest
as falsely stated in the January 31, 1994 order.
The January 31, 1994 order manifestly
errs when it asserts that recurrent must return to Avellino because
he was a “vagus” priest. It is undisputed that recurrent had written
permission to live outside the diocese as of the date of the order,
and this permission negates as a matter of law the claim that recurrent
was a “vagus”.
(4) There was manifestly no basis for
the canonical admonition and threat of penal process contained in the
January 31, 1994 order.
On its face, the January 31, 1994 order fails
to meet even the minimum requirements for the issuance of a canonical
admonition and threat of penal process under Cann. 1339 and 1341. These
canons, read together, require the following elements to be established
before the admonition can be issued:
— the existence of a “scandal” caused by the cleric,
“serious disturbance of public order”, some other offense, or proximate
occasion of an offense, or serious suspicion of same after an investigation,
— prior efforts at fraternal correction or reproof.
The order specifies no “scandal”, “serious
disturbance of public order”, offense or proximate offense whatsoever.
[The only effort to provide any evidence in support of the admonition
was Bishop Forte’s
reference to a complaint in 1978(!) from an unnamed party concerning
some unspecified dispute within recurrent’s own apostolate —
which letter had never before been mentioned.] Indeed, it was not disputed
in the related recourse that some two weeks before the order was issued
Bishop Forte admitted to recurrent that he had no grievance against
recurrent. The admonition of January 31, 1994 appears suddenly,
as if from nowhere.
Of course, the record in this cause and
in the related recourse is devoid of any prior effort at fraternal correction
or reproof, as required by cited canons, because the completely unspecified
“scandals” and “outrages” mentioned in the January 31, 1994 order had
never been mentioned even once in the preceding sixteen years. There
were in fact no scandals or outrages to mention.
For these reasons there was also no basis
for the threat of penal process. Can. 1318 precludes a threat of latae
sententiae penalties (under Can. 1341), except for “outstanding
and malicious offenses”. No offenses, let alone malicious offenses,
were specified in the January 31, 1994 order or any other pronouncement
of the Bishop of Avellino. In fact, recurrent has never been charged
with any canonical offense whatsoever in the entire 20 years of his
priestly life.
Thus, it is beyond dispute that Bishop
Forte had no basis for issuing a canonical admonition and threat of
penal process.
D. Request for Recusal
For the reasons set forth above, and in
the related recourse, recurrent respectfully demands that the Prefect
of this Tribunal recuse himself from this matter both as a matter of
natural equity and pursuant to Can. 1447, 1448, or be removed from the
case pursuant to recurrent’s
demand under Can. 1449.
E. Request for Documents
Recurrent respectfully requests that this
Tribunal make available for inspection and copying by recurrent’s advocate all correspondence
and other communications between the Prefect, the successive Bishops of Avellino
and any of the bishops who have offered incardination to recurrent at
any time, and all such correspondence by the former Prefect and current
Secretary of the Congregation for the Clergy, as well as any “declarations”
or other documents pertaining to recurrent issued by this Tribunal,
the Congregation for the Clergy or the Bishop of Avellino.
II. PRAYER FOR RELIEF
WHEREFORE, recurrent respectfully requests the
following relief:
(A) A stay of the related recourse until
this recourse is decided;
(B) Recusal of the Prefect from any further
involvement in this recourse;
(C) Admission of this recourse to the
judges of the Plenaria;
(D) Revocation of the decree sub judice
and the underlying order of Bishop Forte;
(E) An order of this Tribunal directing
the Prefect of this Tribunal, the former Prefect of the Congregation
for the Clergy and its current Secretary, and their various collaborators,
whomever they may be, from any further interference in recurrent’s incardination by any
and all benevolent bishops who will accept him;
(F) An order of this Tribunal directing
the Bishop of Avellino to grant excardination to recurrent in favor
of the Archbishop of Hyderabad or any other benevolent bishop who offers
incardination;
(G) An award of damages in favor of recurrent
and against the Prefect of this Tribunal, His Eminence G. Agustoni,
the former Prefect of the Congregation for the Clergy, His Eminence
Jose Sanchez, and its current Secretary, His Excellency C. Sepe, the
current Bishop of Avellino, His Excellency Antonio Forte, and their
collaborators, for abuse of ecclesiastical authority and violation of
law, both in procedendo and in decernendo, and transferring
this matter to the First See to the extent that the claim for damages
involves Cardinals.
Respectfully submitted
this 27th day of January, 1997.
Father Nicholas Gruner, S.T.L., S.T.D. [Cand.],
Recurrent
January 31, 1997
Feast of St. John Bosco
His Holiness Pope
John Paul II
Vatican City 00120
Rome, Italy
Re: Recourses
to Apostolic Signatura
Protocol No. 25250/94 C.A.
Protocol No. 96002069
Most Holy Father:
In the above-noted recourses now pending
in the Supreme Apostolic Signatura, I have made a request that the Prefect
of the Signatura, His Eminence Gilberto Cardinal Agustoni, be recused
from judging either matter.
The reason I am constrained to write to
Your Holiness regarding this request is that under the authentic interpretation
of Canon 1449, which governs recusal of who judges are Cardinals in
the Signatura, including the Prefect, the request for recusal must
be addressed to the Supreme Pontiff (Response of the PCIV/67-84,
01-07-1976, AAS 68 (1976) 635, CLD 8 [1973-1977] 1091-1902)
I make this request under Can. 1447 § 1 and 1449 on grounds of bias
and marked hostility on the part of the Cardinal Prefect, and also on
grounds of his disqualification under Can. 1447, in that he has already
rendered one adverse decision against me in this matter and therefore
cannot continue to judge the case now that it has come before him again.
Your Holiness has been made aware of the
facts of my case in the recourse I lodged personally with Your Holiness
through the intercession of two benevolent bishops on November 20, 1996,
at the end of the General Audience that day. There is no need to rehearse
those facts here.
Suffice it to say that I am compelled
to seek recusal of the Cardinal-Prefect from judging my recourses, because
the facts establish that since at least 1989 he has been working behind
the scenes, outside the proper channels of Canon law, to silence me
and abolish the perfectly legitimate apostolate in which I have been
engaged since 1978.
I am attaching to this letter as prime
evidence of my contention a private letter form the Cardinal-Prefect
(then Secretary for the Congregation of the Clergy) to then Bishop of
Avellino, His Excellency Gerardo Pierro, dated October 27, 1989. I was
obviously never supposed to see this letter, but by Providence it was
discovered in the course of civil litigation in Canada. In this letter
then Archbishop Agustoni, who is supposed to be the impartial judge
in my case, carefully outlines the “stages” (as he himself put it) by
which I was to be recalled to Avellino without just cause, under threat
of “reduction to the laystate” if necessary, after an approved absence
of over 16 years - during which time I had based my whole priestly life
on an apostolate which no Bishop of Avellino had ever forbade me to
conduct.
The
Cardinal’s letter concludes with the admonition that the Bishop of Avellino
should pretend that the “stages” and decisions involved he presented
as having originated in the mind of the Bishop, rather than being the
plan of archbishop Agustoni. In this way, it was evidently hoped
that Archbishop Agustoni could then judge any recourse I might make
against what are really his own actions, while maintaining a false appearance
of objectivity and fairness in his “deliberations”.
Your Holiness will note that the letter
is couched in terms of apparent solicitude for my priestly welfare and
the good of the Church, combined with the accusation that I have failed
to find a benevolent bishop to incardinate me, so that all my problems
are my own fault. But facts which have arisen since the Cardinal’s letter
will, I am afraid, expose the insincerity of these expressed motives:
On November 4, 1995, Your Holiness, I
was given a formal decree of incardination by Archbishop Saminini Arulappa
of the Archdiocese of Hyderabad [second attachment], where my apostolate
maintains an orphanage and where my priestly services and apostolic
work are welcome by a very benevolent and holy prelate. The Archbishop
has, in turn, been given a decree of excardination from the Diocese
of Avellino, issued by Bishop Pierro a few months before Cardinal Agustoni
began to interfere in my case with his 1989 letter.
This completed incardination into a “Third
World” diocese in need of priests and financial support is precisely
what Pastor Bonus* directs the Congregation for the Clergy to
encourage. Yet the former Prefect of the Congregation, Cardinal Sanchez,
and its current Secretary, Abp. Sepe, have simply declared that this
incardination by a benevolent bishop is “tanquam non existens”.
So, Your Holiness, even when I finally succeed in doing what they have
consistently blocked me from doing for years — becoming incardinated
by a benevolent bishop — they declare the incardination non-existent!
It is this decision of the Congregation which now comes before Cardinal
Agustoni as Prefect of the Signatura.
If Cardinal Agustoni were truly concerned
with my priestly welfare and the good of the Church, one would expect
him to overrule the Congregation, declare my incardination in Hyderabad
valid, and thereby fulfill the mandate of Pastor Bonus to assign
priests to where they are needed and can have a canonical mission best
suited to their particular gifts. Obviously, this will not happen: In
1995 Cardinal Agustoni sat in judgment on my first recourse against
the order to return to Avellino even though it was he himself who
had instigated the order. He then proceeded to issue an error-filled
decree upholding the order to return as a valid exercise of the “bishop’s” discretion, when it was he himself who
had told the bishop in a secret letter to order my return and to pretend
that it was the bishop’s idea!
Your Holiness, how can I possibly expect
justice now, from such a judge? Is it not completely clear that the
Cardinal will simply confirm his own secret designs as expressed in
1989 and order me back to a diocese where it was impossible for me to
have a canonical mission in the first place, and where the Bishop has
never needed my services or given me any support in the past 20 years?
Permit me, Your Holiness, to quote from
the decree of incardination issued by the most benevolent Archbishop
of Hyderabad:
“Evil forces have conspired
to put an end to your work of love. But you go ahead trusting in
the Lord. His love is steadfast and He will never fail, though you may
be subject to many a trial and even persecution. God will
also give you great comfort and consolation through innumerable friends
and well-wishers. Bureaucratic forces cannot stifle God’s work. It is
my prayer that you continue in your God-given mission in spite of great
opposition.”
You can see, Your Holiness, that there
is an objective reality to the concerted illicit actions against me
which have brought about my recourses, and also this request for recusal
of the Cardinal Prefect from judging my case. The reality that I am
being persecuted is readily seen by this distinguished prelate, who
has been a bishop for 25 years, and he justly and fearlessly condemns
it.
I will conclude, Your Holiness, by noting
that in his secret 1989 letter outlining the plan for my “demise”, the
Cardinal patronizingly refers to me as “a difficult subject”. No, Your
Holiness, I am not a “difficult subject”. I am only a loyal priest who
knows his God-given rights and is not afraid to exercise them — because
he believes in conscience that the good of the Church, the salvation
of souls and peace in the world are aided by the work of all the faithful,
including myself, in promoting fearlessly and publicly the whole Message
of Fatima. As Your Holiness himself said at Fulda, knowledge of the
Fatima message brings with it a responsibility. Given what I know by
God’s
grace and His Providence, it is my duty to promote against all illicit
opposition the Message of Fatima, despite my personal inclination to
retreat and find some quiet haven away from the struggles my adversaries
constantly impose upon me.
Your Holiness, the evidence speaks for
itself. For Cardinal Agustoni to judge my recourses, even while he acts
against me as an adverse party, would be a mockery of justice which
would diminish substantially the credibility of the Signatura as a tribunal
where priests can receive a fair hearing of their legitimate grievances
against the abuse of power by prelates. Under Cann. 1447-48 the Cardinal
should have recused himself in 1995, he did not. The case has come before
him again, again he should recuse himself. He does not. Therefore, I
must make this request.
Your Holiness, as my Father in the Faith,
I am asking you for bread. I am begging you for the bread of a just
hearing before an impartial judge. Please do not let them give me a
scorpion instead.
In conclusion, I pray that Your Holiness
will order the recusal of Cardinal Agustoni from my case — as only you
are able to do under the law of the Church.
Humbly submitted,
Father Nicholas Gruner
*Pastor Bonus is a legal document published by Pope John
Paul II outlining the various duties of the Vatican Congregations and
courts.
P.S. I enclose as
the third attachment my recourse to the Plenaria of the Signatura from
Cardinal Agustoni’s decree of May 15, 1995 (received by me only
on October 28, 1996), which decree is a monument to the hostility and
bias of the Cardinal in my case. I pray you will read this recourse
in full since it summarizes in detail how truth itself is perverted
in the effort to silence me without canonical due process.
P.P.S. This letter includes three attachments:
1. Letter of Cardinal Agustoni to Bishop
Pierro, dated October 27, 1989 (2 pp).
2. Decree of Incardination issued to me
by Abp. Arulappa, dated November 4, 1995. (1 p.)
3. My most recent recourse to the Signatura,
dated January 27, 1997 (9 pp) and attached prior recourse to the Signatura
(39 pp.) and 23 attachments in two binders.
I will of course supply any additional
documentation or explanations Your Holiness might require.
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