"The question is, is there anything to explore?" Is there anything that should be investigated and which may be relevant, convincing, reasonable, confirm, determine, or even exclude illegal activity? If the answer is yes, do not dismiss it. "With these words, published at around 13.45 am, Judge Eduardo Gallardo of the 13th Santiago for Security Affairs in Santiago denied the partial dismissal request that Cardinal Ricardo Ezzati had filed in September last year.
"In this case, an investigation that the public ministry explained at this hearing may be insufficient, perhaps weak, none of us can be very optimistic about the destination," said Gallardo. However, he added, "Yes, I think there is something that can be explored." In this way he justified his determination not to overcome it.
The resolution was made in the context of the investigation in which Ezzati appears as an accused for allegedly concealing, but has not yet been formalized in the case concerning former Chancellor of Archbishop Santiag Muscara Muñoz Toledo, who was formalized for rape and sexual abuse last year.
Ezzatijev defender Hugo Rivera said at the end of the debate that the chief city archbishop "will never be formalized in this case, because even according to his own theory of ministry, he respected all that the canon law required", so we are calm. In addition, Rivera confirmed that he would appeal to the Appellate Court.
Prosecutor O & Higgins Emiliana Arias, who is conducting an investigation, issued two previous testimonies in her plea, which in her opinion would indicate the possibility of accreditation of possible concealment of the cardinal in cases of sexual abuse of juveniles committed by members of the Catholic Church
Among the elements published on Wednesday, which came to light after the confession of Archbishop Santiago, three letters were sent to Ezekzi. The first was sent to him in the context of the case of Jorge Laplago Aguirre, who was sentenced for the first time in 2010 when Francisco Javier Errázuriz was Archbishop Santiago. The presiding judge of the current head of the capital's archdiocese would move from parish to religious. The next day Ezzati assumes. Therefore, nothing is done in the investigation until March 8, 2011, one year after filing a complaint, "the prosecutor added.
Another episode related to the time when Laplagen worked as a chaplain at the Marist School. When the case became public, "the representative of Marist, Ernesto Reyes, condemned Ezzesi:" why you did not fulfill your obligations and did not notify, "said the persecutor.
He also presented a letter dated March 30, 2011 from Hans Kasta, Chancellor of the then office. There, he said, there are two more complaints against the same priest. "I think it is necessary to open a previous investigation," Arias paraphrased, and pointed out that Kast even sent a corresponding file, so that the cardinal could print and sign it.
Another letter sent by Ezzat to Jaime Ortiz de Lazcano, a court attorney at Santiago Archdiocese, alludes to the first canonical investigation of this case brought by priest Raúl Hasbún. "In the case of Laplagen, the victim was supposed to be informed." There was a denial of justice, because it took a long time, and the victim was not told, "Arias read." This violation of obligations is obviously a consequence of the defense of those defendants, "he added.