"The question is: is there anything that can be investigated? Is there something in progress to investigate, which can be relevant, reliable, reasonable, affirm, establish or even exclude an unlawful act? If the answer is yes, do not reject it. "With these words, issued at around 1.45 am, Judge Eduardo Gallardo, of the 13th Guarantee of Santiago, rejected the partial dismissal request submitted by Cardinal Ricardo Ehwati's defense last September.
"In this issue of an inquiry explained by the Public Ministry at this hearing, it may be insufficient, 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 that way he justifies his determination not to inflate.
The resolution was given as part of an investigation into which Ezzati appears to have been charged with alleged cover-up, but has not yet been formalized in the case of former Chancellor Archbishop Santiago Oscar Muñoz Toledo, who was formally appointed for rape and sexual harassment against last year.
Ezati defendant Hugo Rivera said at the end of the hearing that the archbishop in the capital "will never be formalized in this case, because even according to his own theory of the public ministry, he adhered to everything the canon law required." Therefore, we are calm. "In addition, Rivera confirmed that she would appeal to the Court of Appeal.
The prosecutor of O Higgins Emiliano Arias, who leads the investigation, found out in his pleadings two predecessors who would point out, in his view, to accredit the possible cover-up of the Cardinal in cases of sexual abuse of minors committed by members of the Catholic Church
Among the elements published on Wednesday that came to light after the confiscation of the Archdiocese in Santiago, three letters to Ezzati are sent. The first was sent to him in the context of the case of priest Jorge Laplja Aguirre, who was first sentenced in 2010 when Francisco Javier Errazaouir was Archbishop of Santiago. The predecessor of the current head of the archbishopric in the capital would move from parish to religious. "The next day, Eszeti assumes. Hence, nothing was done in the investigation until March 8 in 2011, one year after the appeal was filed," the prosecutor added.
Another episode referred to the time when Laplaña worked as a chaplain at the masters school. When the case became public, "Merestion Representative Ernesto Reyes reproved Yezzati:" Why did not you fulfill your obligations and did not inform him, "said the persecution.
He also presented a letter dated March 30, 2011 from Hans-Kast, Chancellor of that time. There, he said, there are two more complaints against the same priest. "I think it is necessary to open a preliminary investigation," Arias paraphrased, and pointed out that Kast even sent the corresponding document, so that the cardinal could print and sign him.
Another letter sent to Eddie by Jaime Ortiz de Lascano, a current vicar of the Archdiocese of Santiago, alludes to the first canonical inquiry into this case, carried out by priest Raul Hasbun. "In the case of Lapland, the victim was supposed to be informed. There was a denial of justice because he took a long time and nothing was told to the victim," writes Arias. "This breach of obligations obviously produces as a consequence of the protection of these defendants," he added.