It was a great audience at the Thirteenth Guarantee Tribunal in Santiago, which examined the request for the final release of Cardinal Ricardo Ezzati, who was accused of concealing Oscar Muñoz Toledo, former Chancellor of the Archbishopric of Santiago.
Several predecessors were brought to the hearing, some of them also associated with the case of Jorge Laplagne, a case linked to the Muñoza case and others in investigating the Public Prosecutor's Office.
From the very beginning, Ezzati's lawyer, Hugo River, advocated the ideology of the case and claimed that his deputy was being used by the prosecutor's office. "The prosecution is the ideology of this investigation, the case of the tribunals from the natural habitation has been subtracted, and all media destruction has begun by Ricardo Ezzati, and when he was just summoned as an accused, it all began, until the funas and accounts in his personal home is trying to get rid of his nationality, "he said.
"I am very happy that you have not been released because you do not deserve it, it is a criminal who has hands involved not only in one but in several, I hope one of them will end up in jail soon"
– Juan Carlos Cruz, the victim of Fernando Karadima.
In one of his speeches, Prosecutor Emiliano Arias made it clear that Ezzati's imputation as a roof was not only for Muñoz and Laplagne, but in a number of cases known as the result of the raids, and among them he mentioned an internal violation of a metropolitan cathedral that had not been investigated while Ezzati in charge of the Archdiocese. "There is a serious and gross failure of Mr. Ezzati," he said.
Although he acknowledged that this was a distorted investigation – and although it might be weak – Judge Eduardo Gallardo said he would kill the investigation, which is still open, is expected. Therefore, "in the current situation, I will refuse Mr Ezzati's appeal in this investigation."
After the judgment, Hugo River religion lawyer challenged the judge's arguments and assured him that he had appealed to the appeal court to cancel the decision. Therefore, before this problem is resolved, Ezzati will not issue a statement from the prosecutor's office. "It can not stand because the theory the judge supports is a very dangerous one (which) must be formalized to ask for a final release. Imagine that the innocent should always be formalized with all the consequences," Rivera said.
Prosecutor Emiliano Arias, meanwhile, appreciated the judge's decision and said an attempt to prevent the cardinal from being examined. "So far, there is no background to continue formalization," the persecutor admitted, "but what is intended here is not to be explored, which is unrepresentative, so this audience is so weird," he accused.
The decision was also made by Juan Carlos Cruz, informant Fernando Karadim and one of those who accused Ezzati's cover. "I am very happy that you have not been released because you do not deserve it, it is a criminal who has hands involved not only in one but in several, I hope one of them will soon end up in prison," he admitted.
Muñoz continues his night arrest
The situation of Ezzati was the second question settled by the court, because it first examined the precautionary measures of the former Chancellor of the Archbishopric Óscar Muñoz Toledo. His defense demanded that he abolish the night arrest that he now meets while the public prosecutor asked him to return to the preventive prison he had in the first months of interrogation.
Judge Gallardo, however, decided to house him at home from 10:00 to 18:00 at night, but added national roots and a ban on access to the victims.
This was the decision of the judge, the moment Muñoz Toledo was punished by the relatives of the victim and the words of his lawyer Gabriel Henríquez.
In spite of the outcome, the Prosecutor announced that she would refer to the precautionary measures within the next five working days to try again to return to preventive detention.