Santiago Times
July 6, 2011
http://www.santiagotimes.cl/chile/human-rights-a-law/21885-chilean-priest-to-face-accusers-in-sex-abuse-scandal
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Father Fernando Karadima will be present to hear the testimonies of four alleged victims.
The four men who accused Chilean priest Fernando Karadima of sexual abuse decades ago will face him in court when they begin testifying July 18, the first time any of the alleged victims will share a courtroom with the priest since an appeals court reopened the criminal investigation in March.
After many years of turning the other cheek, the Chilean justice system conducted a criminal investigation into the abuse claims in 2010, but the case was dismissed in December, having failed to establish whether the priest had committed any crimes.
It was only after the Vatican declared Karadima guilty in January that the Chilean criminal case was reopened by the appeals court in March.
The Vatican sentenced Karadima in February to spend the rest of his life "in prayer and penitence." He was forbidden from conducting Mass or seeing any of his former parishioners, despite retaining the title of priest.
Karadima's appeal to the Vatican ruling was rejected last month, ending the Vatican's role in the scandal while the Chilean criminal investigation continued.
Several postponements followed Special Judge Jessica González's promise that the four alleged victims would get their day in court to offer testimony with Karadima present. On July 18, Dr. James Hamilton, journalist Juan Carlos Cruz, philosopher José Andrés Murillo and lawyer Fernando Batlle will have that opportunity.
The Chilean justice system is unlike that of the United States because there are no juries composed of peers. Rather, judges receive the testimony, evidence and legal arguments for review before rendering a verdict and sentence.
Victims testifying in the same courtroom as defendants—a procedure referred to as "careo," which means "confrontation" in English—is an outdated practice in Chile. It was phased out over the course of the last decade after broad justice system reforms.
However, "careo" is still applicable in modern trials that pertain to crimes committed before the practice was phased out. Because the accusations against Karadima regard crimes committed mostly in the 1980s, Special Judge González will oversee the rare "careo" court session later this month.
Karadima will be transported from the Santiago Convent of the Servants of Jesus of Charity—where he has remained under Vatican order since his sentencing—to the courthouse in order to face his accusers. Given his Vatican condemnation to live a life of prayer and penitence, it is up to Santiago Archbishop Ricardo Ezzati—who will questioned by Special Judge González about sweeping accusations against Karadima under the rug—to determine where Karadima is to live out his remaining years. That is, unless the former priest faces a prison sentence.
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