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  Diocese Repossesses Vicarage in West Bromwich

Diocese of LItchfield
July 22, 2009

http://www.lichfield.anglican.org/news&newsID=634&newsYear=2009

The former vicar of the Church of the Good Shepherd with St John, in West Bromwich, has this afternoon handed possession of the vicarage to officers acting for the Bishops of Lichfield and Wolverhampton and the Archdeacon of Walsall.

The Revd Dr Patrick Okechi was removed from office in December 2008 after a Clergy Disciplinary Tribunal ruled that he had an affair with a parishioner, who can be identified only as Mrs A. Dr Okechi was also barred from serving as a priest in the Church of England for a period of 10 years.

Dr Okechi had refused to leave the vicarage and the bishops and archdeacon were forced to seek a possession order at Birmingham County Court which was granted last month. At 9.30am this morning (Wednesday 22nd July), after the deadline for possession had passed, diocesan officers called on Dr Okechi to obtain the keys but left without gaining possession. The officers were invited back later and Dr Okechi voluntarily handed over possession.

The director of communications for the Diocese of Lichfield, Gavin Drake, said: "We naturally regret having to repossess the vicarage at the Good Shepherd; but while we are content that this issue is now resolved; it is not something that we will be celebrating. Repossessing a property is not a good news story for either party. Having said that, Dr Okechi is the author of his own misfortune and all clergy understand the need to uphold the church's teaching on issues of marriage and fidelity, not just in what they preach, but also in what they do.

"The diocese needs the vicarage to house the next vicar of the Good Shepherd. We are doing all we can to make a new appointment as soon as possible so the congregation and leadership at the church of the Good Shepherd with St John can move forward together in their mission to this area of West Bromwich.

Dr Okechi has brought a claim of unfair dismissal against the Bishop of Lichfield at the Birmingham Employment Tribunal. He is seeking an order for reinstatement, holiday pay, notice pay and compensation. The claim is being vigorously defended by the bishop, who will argue:

  • Dr Okechi made his claim outside the time limit for doing so (the time limit was 8th March and the claim was submitted on 5th April).

  • Dr Okechi did not have the necessary employment status to bring a claim to an industrial tribunal - Church of England vicars are office holders, not employees; and that even if the employment tribunal finds that Dr Okechi has employee status, the Bishop of Lichfield is not his employer.

  • Dr Okechi was not a 'worker' for the purposes of holiday pay and notice pay; but even if he was, he didn't raise a grievance over this under the Employment Act 2002 (Dispute Resolution) Regulations 2004 and in any event, no holiday pay would be due or owing as Dr Okechi received his stipend (Church of England clergy receive a stipend in lieu of salary) during the requisite periods of absence. As Dr Okechi was removed from office for an act equivalent to gross misconduct, no notice pay is due.

  • A person in Holy Orders (a deacon, priest or bishop in the Church of England) is subject to Canon Law and Ecclesiastical Law which are part of the law of England. It is contrary to ecclesiastical laws and to Canon C26 for a person in Holy Orders to engage in a sexual relationship outside marriage. Following a complaint, the procedures laid down by statute (the Clergy Discipline Measure 2003 and the Clergy Discipline Rules 2004) were followed. A five-member tribunal, chaired by a circuit judge (His Honour Judge Simon Grenfell) with two lay people and two clergy outside the Diocese of Lichfield, considered the case against Dr Okechi and his Defence, and found the case against him proved.

  • The findings of fact by the disciplinary tribunal are either binding or should be given considerable weight by the employment tribunal; and the decision of the disciplinary tribunal is binding.

  • As the disciplinary tribunal barred Dr Okechi from holding office or exercising his Holy Orders (for a period of 10 years); he can not be reinstated to his previous position as to do so would be in contravention of a restriction imposed by law.

  • Dr Okechi didn't appeal to the Court of Arches in time, nor has he sought permission to appeal out of time.

A preliminary hearing was held in Birmingham yesterday to consider whether the claim could be considered despite being lodged out of date. The hearing was adjourned after Dr Okechi raised serious allegations against the former Bishop of Wolverhampton and two named solicitors. Dr Okechi claimed that there had been a conspiracy and collaboration between the senior diocesan official and his legal representatives to mislead him and prevent him lodging his claim.

As a result of these serious allegations, which were raised for the first time yesterday without any advance warning, the employment judge adjourned the case at until 27th and 30th November 2009 and ordered Dr Okechi to pay the bishop's £2,500 costs – this is on top of the £3,811.56 costs awarded against him at the possession hearing.

Gavin Drake commented: "Dr Okechi chose to make very serious allegations yesterday without giving any details or supporting them with evidence. Dr Okechi was responsible for appointing his own solicitors. The former Bishop of Wolverhampton had been appointed to provide independent pastoral support to Dr Okechi and contacts between the two were confidential.

"He was represented by lawyers in the disciplinary proceedings. It is normal, for clergy seeking legal representation for disciplinary issues, to seek their advice from an expert ecclesiastical lawyer. The most experienced ecclesiastical lawyers are also diocesan registrars, and we are not surprised that Dr Okechi was represented by registrars from other dioceses, but they were fully independent lawyers with responsibilities to their instructing client.

 
 

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