#AudienciaMartinelli #9Jul continues with the accusatorial proceedings

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  • Mon, 07/09/2018 - 12:04
Audiencia Martinelli
  • Audiencia Ricardo Martinelli
  • @PrensaOJ
The intermediate hearing of the process for the alleged illegal wiretapping case against Ricardo Martinelli resumed in the morning with delay, and continued in the afternoon moving to the accusatorial proceedings, where the prosecutor Harry Diaz, presented the brief of 30 pages of accusation and listed a list of some 70 evidence witnesses to formalize the indictment of Ricardo Martinelli.

Roniel Ortiz speaks in defense of Ricardo Martinelli, who spoke about the violations of rights when Ricardo Martinelli arrived in Panama, spoke of the fact that the life of the ex president should be in the hands of the SPI, for which the law is being violated of security, apart from the fact that he did not have access to his lawyers and doctors immediately after arriving. He pointed out that they never allowed a Martinelli's doctor to review him and that they asked for three specialists who are faultless men and who indicated that he should be in the hospital. He also requested the translation into Spanish of several documents delivered by the United States authorities. Judge Mejía.

"We are facing flagrant violations of the Convention on Human Rights, and therefore it is evident that the right to defense on the day of his extradition was violated," says lawyer Roniel Ortiz, Martinelli defense who filed three new appeals for annulment before the judge of guarantees Jerónimo Mejía, the first one refers to the language in which some documents are written

"Whoever invokes a test must support it and now it seems that they do it without explaining the relevance of that test they do not understand, therefore it is a dilatory act", Harry Díaz, Fiscal Judge. This was one of the topics touched a month ago and that was already decided by the Judge of Guarantees, for which it must be rejected. We can not be airing health issues all week, "Prosecutor Harry Diaz.

The magistrate acting as judge of guarantees, Jerónimo Mejía, denied last week, six requests for annulments to the defense. The nullities denied have to do with a lack of formal imputation; the admissibility of the case; of 10 days to file the complaint; the accumulation of process; to the violation of the electoral penal jurisdiction; double judging and parliamentary immunity.

On the other hand, the plenary session of the Court will have on Wednesday, July 11, an extraordinary session to discuss the admission or otherwise of an appeal for constitutional guarantees filed by the defense of Martinelli, in order to decline competition to the ordinary criminal sphere , since the Court lost jurisdiction to judge the former president as he resigned his position as deputy of Parlacen.
The plaintiff lawyer Rodolfo Pinzón stated "They have not indicated what legal right has been affected or have proven in their motivation, and that alleged violation of fundamental guarantees is not explained," and asked the judge to reject the defense's requests outright because they are not affected by fundamental guarantees. He pointed out that lawyer Ortíz incurs a contradiction, when substantiating a petition because he does not speak English, but comments on the document. "He has not indicated what fundamental guarantee was affected."

Prosecutor Harry Diaz said that the defendant is enjoying guarantees and privileges that most of the prisoners do not enjoy. "Security belongs to the Penitentiary System by law and has lost the right to custody of the SPI" and requested that rejected requests be rejected.

Nicomedes Castillo, lawyer representing Juan Carlos Navarro, in turn commented in his statement that these issues have already been addressed in other hearings and decided by the Plenary of the Supreme Court, we can not allow the abuse of the defense, and asked seriousness about the matter "understand or not English.

"From the first moment that Mr. Martinelli was placed under orders from the Panamanian authorities, it is a record that he has called and is signed, and the fact that he used the lie to communicate with his lawyers does not change anything", "The Plenary of the Court ordered a preventive detention and establish that only the security of Martinelli is the responsibility of the SPI is false, every detainee must be under the care of the prison system "," Every detainee must be under the orders of the National Penitentiary System and so is Martinelli Therefore, it is requested that the request be rejected, Castillo concluded.

Rosendo Rivera, another of the plaintiffs' attorneys again emphasized the health issue of the exmandatario, "Last week you told them that everything related to the health of Mr. Martinellli is with the Penitentiary System, and so did the defense" "We would like to know what Ortiz lawyer was based on, I am not going to ask for a sanction, but I do not want to make excessive use of the defense and that the corresponding procedural stage be continued".

Carlos Herrera also referred to the translation of the documents, "These documents written in English are not a fundamental part of the process, they have not been cited by the fiscal magistrate or by the complainants," "We are in the middle stage. Preliminary allegations and precluded last Wednesday, today's requests are untimely and inappropriate. "It seems that what you want to take for granted is that there was no right to defense because Martinelli did not communicate with lawyers ", here is the signature and fingerprint of Ricardo Martinelli and of making a phone call that he called 11 June 2018 to Carlos Carrillo, and that he did it, there is no violation of fundamental rights.

News in development.

The hearing resumed in the afternoon with the prosecutor proceedings passing to the accusatory phase.

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