“The question is, is there anything to explore? Is there anything that remains to be investigated, and it may be appropriate, plausible, reasonable, to confirm, establish or even exclude an illegal act? If the answer is yes, do not reject it. ” With these words, issued around 1:45 pm, Judge Eduardo Gallardo of the 13th Guarantee Court of Santiago rejected the petition for partial dismissal filed by Cardinal Ricardo Ezzati’s defender last September.
“As for the investigation, which the ministry explained at this hearing, it may not be enough, it may be weak, and none of us can be very optimistic about the destination,” said Judge Gallardo. However, he added: "Yes, I think there is something that can be explored." So he justified his determination not to cancel.
The ruling was issued as part of the investigation, during which Ezzati was accused of the alleged cover-up, but not yet completed in the case concerning former Chancellor Archbishop Santiago Oscar Munoz Toledo, who was officially recognized for rape and sexual abuse by minors last year.
Ezzati defender, Hugo Rivera, said at the end of the hearing that the metropolitan archbishop "will never be formalized in this case, because even according to his own theory of the state ministry, he fulfilled all the requirements of canonical law, therefore we are calm." In addition, Rivera confirmed that he would appeal to the Court of Appeal.
Prosecutor Oh & # 39; Higgins Emiliano Arias, who is conducting an investigation, said in a statement about two predecessors who, in his opinion, were supposed to accredit the possible cardinal concealment in cases of sexual abuse of minors committed by members of the Catholic Church
Among the elements published on Wednesday, which became known after the confiscation of the Archdiocese of Santiago, there are three letters addressed to Ezzati. The first was sent to him in the context of the case of priest Jorge Laplan Aguirre, who was first convicted in 2010, when Francisco Javier Errazuris was the archbishop of Santiago. The predecessor of the current head of the metropolitan archdiocese would pass from coming to religious. “The next day Ezzati assumes. Consequently, nothing was done during the investigation until March 8, 2011, a year after filing the complaint, ”the prosecutor added.
In another episode, it was mentioned the time when Laplan worked as a chaplain at the school of marista. When the case was made public, “Marists spokesman Ernesto Reyes reprimanded Ezzati:“ Why did you not fulfill your obligations and did not report, ”said the pursuer.
He also issued a letter dated March 30, 2011 from the chancellor of that time, Hans Caste. There, he said, there are still two complaints against the same priest. “I think it is necessary to start the previous investigation,” Arias paraphrased and indicated that Kast had even sent him the appropriate file so that the cardinal could print and sign it.
Another letter sent to Ezzati by Jaime Ortiz de Lascano, the current judicial vicar of the archdiocese of Santiago, mentions the first canonical investigation of this case, conducted by priest Raúl Hasbün. “In the case of Laplana, the victim should have been informed. There was a denial of justice, because it took a lot of time, and the victim was not told, "read Arias." This violation of obligations obviously creates, as a result, the defense of these accused, "he added.