However, several weeks ago an e-mail was seized by regional prosecutor Emiliano Arias Madariaga which Cardinal Errázuriz sent Feb. 1, 2009 to the then-Apostolic Nuncio to Chile, Archbishop Giuseppe Pinto.
According to La Tercera news Cardenal Errázuriz says in the e-mail: "Out of respect for Fr. Karadima, I did not ask the Promoter (of Justice) to interrogate him; I just asked Bishop Andrés Arteaga his opinion. He considered everything to be absolutely implausible. As it was beyond the statutes of limitations, I closed the investigation. That is how I wanted to protect them, aware that my way of proceeding, if the accusers would one day bring the case to the press, would turn against me."
Based on this, the complainants are asking the Public Prosecutor's Office to issue a summons to Cardinal Errázuriz as the accused, and as witnesses Archbishop Pinto; the minister of the Court of Appeals, Juan Manuel Muñoz; Cardinal Ricardo Ezzati Andrello of Santiago; and the Auxiliary Bishop of Santiago, Andrés Arteaga Manieu.
This complaint relates to the lawsuit for "moral damages" against the Archdiocese of Santiago filed in 2015 by Cruz, Murillo, and Hamilton, in which they ask for 450 million pesos (about $640,000) in compensation, in addition to a public apology from the Church for the alleged cover-up of abuse committed by Karadima.
Regarding the e-mail by Cardinal Errázuriz, according to El Mercurio news, the Court of Appeals "did not accept the request to incorporate the document made ad videndi (in order to be seen) by the plaintiffs' counsel at the hearing of the case, given that it was not added in a timely or legal manner to the case" and so could not be used as evidence.
The Court of Appeals also denied the request by the Archdiocese of Santiago for the court to to ask the Vatican to provide all the documentation from the canonical investigation surrounding Karadima compiled in the report by Archbishop Charles Scicluna.