Comments made by Judicial Vicar Arthur Said Pullicino – who said that Catholic judges presiding over divorce cases would commit a sin – blurs the distinction between the Church’s teachings and the application of the law, according to former President Eddie Fenech Adami.

When contacted, Dr Fenech Adami said: “Right now there is a lot of confusion and much loose talk which is leading nowhere. This is a subject that merits more objective, clear thinking which, I’m sorry to say, is lacking from many quarters,” he said – commending a recent article by Nationalist MP Edwin Vassallo in the Catholic newspaper LeħenisSewwa, in which, he said that monsignors were tripping over their own feet.

Dr Fenech Adami said one had to make a distinction between the clear position of the Church against divorce and the application of law.

“Moreover, I feel the term ‘sin’ should not be used because sin is something for which each person is individually responsible. Nobody can judge the motivation of how you reach a certain conclusion...

“One can talk freely about what is right and what is wrong. I always insisted that divorce is bad and that we should avoid it as much as possible. However, the state must consider the circumstances needed for a society to live properly,” he said.

Mr Vassallo’s article was written in the wake of a series of statements and counter-statements by clergymen over comments made by Mgr Anton Gouder, the Curia’s ProVicar, who said that convinced Catholics voting in favour of divorce would be committing a sin.

Mr Vassallo’s article was written in the wake of a series of statements and counter-statements by clergymen over comments made by Mgr Anton Gouder, the Curia’s ProVicar, who said that convinced Catholics voting in favour of divorce would be committing a sin.

Curia sources told The Sunday Times the Archbishop had convened meetings for priests who were protagonists in public fallouts over the issue of divorce in an attempt to bring about a more uniform approach.

“Mgr Said Pullicino’s comments throw this out of the window at a critical time when the Church is preparing a detailed official position paper on the matter,” one Curia source said.

The Judicial Vicar had made the remarks in a homily during Mass marking the start of the forensic year last Thursday. He said: “All the Church has to do is teach that whoever cooperates in any way in the introduction of divorce, who applies the law and who seeks recourse to it... would be breaking God’s law and so would be committing a grave sin.”

Fr Charlo’ Camilleri, a lecturer in theology, was critical of Mgr Said Pullicino’s comments.

“In the context of the pastoral note of the bishops on the divorce debate, I personally find it very imprudent, to say the least, for such comments to be made by a high ranking official of the Church, since on this issue, the bishops never threatened anyone – let alone the judiciary, whose independence is a requisite of the Rule of Law – with sin,” he said.

He also reacted to Mgr Said Pullicino’s remark that the Archbishop could not disagree with him since he was relaying God’s law.

“I think it should be the other way round: that it is he as a priest and much more as a Church official close to the Archbishop, who is duty-bound to abide by the pronouncements made by the local Magisterium, especially in moral matters and delicate issues, such as this.

“The official stand of the Church is only a prerogative of the local bishops,” Fr Camilleri said, pointing out that the bishops had been stressing dialogue and the formation of conscience over “a divisive crusader mentality”.

However, some priests who spoke to The Sunday Times said the official position of the Church was not clear. “I appreciated the pastoral letter when the first controversy erupted but I don’t feel it was clear for most people out there what the bishops were saying, and again they are absent on Mgr Said Pullicino’s comments,” one priest said. Questions sent to the Curia by this newspaper on the Judicial Vicar’s remarks remained unanswered yesterday.

Fr Joe Borg also criticised the fact that Mgr Said Pullicino’s homily was posted on the official Archdiocese website. “The presence of the homily on the official website would give it an aura of credibility and of officialdom, at least with those who think that the Church is a well-oiled and organised structure which does things as part of a holistic strategy.”

Fr Borg also described the theology of Mgr Said Pullicino as “passé” and his vision of the Church in society as “myopic”.

But despite the criticism, Mgr Said Pullicino stood firm. “I think we are on different wavelengths,” he said about the criticism of judges and lawyers who described his comments as interference in the role of the judiciary.

When asked whether it was correct to use ‘sin’ as a threat, Mgr Said Pullicino said: “What do you mean? Doesn’t the Church say that when you steal, when you kill, when you do an abortion, it is in? These things are so evident they do not warrant a reply,” he said.

Moreover, he refuted once again the possibility that the bishops might take a different stand to his. “That is not my business, that is their responsibility... I am not a bishop, remember, but I cannot teach something that goes against my conscience. Although I am not saying that the Archbishop disagrees with me.”

When it was put to him that the judiciary took an oath to apply Maltese law, Mgr Said Pullicino said: “As long as this does not go against God’s law. God’s law is above Maltese law, Chinese law, Greek and even German law.

“You can be an atheist, that is your business but... God does not evaporate, whether you like it or not.”