Zanchetta's lawyer also now in charge of canonical investigation

This is a preliminary proceeding

Zanchetta's lawyer now in charge of a canonical investigation in Oran

Lawyer and Bishop

Javier Belda Iniesta, is the canonical defender of the bishop convicted in the ordinary courts for sexual crimes against two former seminarians. 

The canon lawyer Javier Belda Iniesta, who is defending Bishop Gustavo Zanchetta in the canonical process for sexual abuse, was appointed by Pope Francis to be in charge of a canonical investigation in the same locality. Although the lawyer is keeping the proceedings confidential, it is known that he has summoned priests who canonically denounced the bishop in 2015, and deacons and seminarians who testified in the criminal trial.

When asked by Salta/12, Belda Iniesta said that what he is doing is "a preliminary investigation to determine whether some facts are plausible and imputable to someone. But let us understand that not all possible canonical crimes committed in a region have to be related to the case of Monsignor Zanchetta", he clarified.  

He also confirmed that he is still the Bishop emeritus' lawyer in the canonical process, "which is still open". Regarding the dual role of Zancheta's defender and investigator, he explained that there were no incompatibilities, "I work as a defender in some cases, and in others I play the role of investigator, notary or even judge. There is nothing strange about that. In this case, I already knew the place", he said. 

The canon lawyer did not confirm that he had been appointed by the Pope, "it is part of the prudence of the task entrusted to me", he excused himself. But the one who confirmed this was the sole judge of the Ecclesiastical Tribunal of the Archdiocese of Salta, Loyola Pinto y de Sancristóval. When asked by Salta/12, the judicial vicar said that after learning "that the appointment was direct from the Holy Father" he could no longer make public statements.

Regarding the fact that he is summoning witnesses who testified against Zanchetta in the criminal trial and some also in the canonical process, Belda Iniesta said that "many people testified in the trial, and the clergy is not numerous. I can neither confirm nor deny that he is related to any witness, what I can tell you is that in this case it would have nothing to do with the fact that he was a witness in another case. Let's understand that someone can be a witness in one trial and be accused in another. But we are not even talking about defendants or anything like that, we are only conducting an investigation to see if the alleged facts are plausible". "I don't know what the fuss is about and why the notifications have been circulated," he added.

The lawyer also said that he does not understand the reason for the fear expressed by some witnesses. "Any person who conducts himself uprightly has little to fear," he assured.

"I can assure you that I have told absolutely no one what I am investigating or who I am investigating, so as not to jeopardise anyone's reputation. It is a question of prudence", he confirmed when asked. 

Some of the formal summons that reached some of the witnesses in the trial are signed by the Chancellor Secretary of the Bishopric of Oran, Elma Gabriela Carrale, and others by the other canon lawyer who also accompanied Zanchetta in the trial in Oran, Francesco de Angelis, who does so as a "notary".

The notification signed by De Angelis refers to Belda Iniesta as "delegate of the investigatio praevia ex (preliminary investigation according to Can. 1717 CIC", and with regard to the reasons for the summons to testify in the San Antonio Parish, it states that it is with the aim of "gathering the necessary information on the circumstances and the imputability of the noticia crimis received".

Consulted by Salta/12, the permanent deacon Víctor Ranieri, who was a witness in the trial against Zanchetta, said that he was not called to testify. He said that he was surprised by the news that Belda Iniesta was in charge of the investigation and that he had heard about it from journalists. He pointed out that in the canonical process against the bishop "everyone has already gone to testify in Tucumán, which is why I find it strange".

Ranieri explained that in the case of an ongoing canonical investigation, when summoned, "the only ones who are obliged to go are deacons and priests, the boys who are not in the Church are not obliged to go. They have already done their part and they have to be calm". He also indicated that in the event of having to go, those summoned must "say things again, this does not mean that we are going to change what we said. They should always go with the truth, there is no need to be afraid. We must be an example of the Church. If we preach in the name of the Gospel and do something else, we are hypocrites," he said.

A former seminarian, and also a witness who testified against Zanchetta in the criminal trial for sexual abuse, told Salta/12 that Belda Iniesta's summonses are being made "from one day to the next" and pointed out that "apparently it is a strategy" that seeks to favour the Bishop in the canonical trial. In addition, he recalled that there is a request for house arrest made by the bishop's defence in the ordinary courts, "so that he can serve his sentence in the monastery of Oran".

"They are trying to make them (the witnesses) understand that what they testified is not so, it is a kind of pressure because (those summoned) are priests, and people who work in the bishopric, and they are afraid. They are trying to blame the rector Martín Alarcón for everything that happened", said the former seminarian.

Alarcon was also cited by Belda Iniesta, as was the priest Gabriel Acevedo, both of whom canonically denounced him in 2015 along with other priests. "The new deacons, C., A. and the seminarian N. testified. Tomorrow (Thursday) the administrative staff who work in the curia, who are lay people, will testify," said the ex-seminarian.

In addition, he pointed out that a preliminary canonical investigation was already carried out in 2019 in relation to Zanchetta by the Bishop of Tucumán, Carlos Sánchez, and the priest from Córdoba, Dante Simone, "if that investigation passed to a second stage, it should pass into the hands of Cardinals in Rome, not Belda Iniesta who is Zanchetta's defender", he said.

The former seminarian also considered that the authorities of the Catholic Church in relation to Zanchetta "are not holding back. It is something very dirty", he said.

On 4 March, Chamber II of the Orán trial court sentenced the Bishop emeritus to four years and six months in prison for simple sexual abuse aggravated by being committed by a recognised minister of religious worship to the detriment of two former seminarians. 

The Bishop had been admitted to a private clinic in recent weeks. His first consultation had been for a case of hypertension. His lawyers in the ordinary courts, Darío Palmier and Juan José Valdez Aguilar, requested that he serve his sentence at home.

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