"The question is: is there something to be investigated? Is there something unfinished to investigate, and it can be substantial, plausible, reasonable, validate, create, or even exclude illegal behavior? If yes, don't forgive it." "With these words issued around 13:45, Judge Eduardo Gallardo of Santiago's 13th Guarantee Court dismissed a partial dismissal defended by Cardinal Ricardo Ezzati last September.
"In this question of inquiry, which the Ministry of State has explained at this hearing, it may be inadequate, it may be weak, 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 investigated." In this way he justified his commitment not to follow.
The resolution was issued in connection with an investigation in which Ezzati was accused of alleged harassment, but has not yet been formalized in a case involving former Chancellor of the Archbishop of Santiago Óscar Muñoz Toledo, who was officially recognized as rape and sexual abuse against minors last year.
At the end of the hearing, Ezzati's advocate Hugo Rivera said that the archbishop of the capital would never be formalized in this case, because even according to his own theory, he performed everything demanded by the Canon law. That's why we're calm. "In addition, Rivera confirmed that she would appeal to the Court of Appeal.
In his complaint, Higgins Emiliano Arias, prosecutor investigating, reported two previous cases which, in his view, would accredit possible cardinal coverage in cases of sexual violence against minors committed by their members. Catholic church
Elements released on Wednesday following the confiscation of Santiago Archbishop are the three letters addressed to Ezzati. For the first time, a priest Jorge Laplagne Aguirre was sent to him for the first time in 2010 when Francisco Javier Errázuriz was a Archbishop of Santiago. The predecessor of the current head of the Archbishop of the capital would have moved from the church to the religious. "The next day Ezzati will accept. Therefore, in the investigation until March 8, 2011, the year after the complaint was filed, nothing will be done," the prosecutor added.
Another episode concerned the time Laplagne worked as a chaplain at Marist School. When the case became publicly available, "Maristy representative Ernesto Reyes regretted Ezzati:" Why did you not fulfill your duties and did not announce, "the persecutor said.
He also presented a letter dated 30 March 2011 by Chancellor Hans Kasta. He said there were two more complaints about the same priest. "I think it is necessary to open a preliminary investigation," Arias paraphrased and pointed out that Caste even sent him the appropriate file so the cardinal could print it and sign it.
Another letter sent by Ezime Ortiz de Lazcano, the current judge of the Archbishopric of Santiago, to Ezzati, refers to the first investigation of this case by the priest Raúl Hasbún. "In the case of Laplagne, the victim had to be informed. There was a denial of justice because it took a long time, and nothing was told to the victim," Arias said. "This breach of obligations obviously leads to this defendant's protection," he added.