#AudienciaMartinelli will resume August 23, in the midst of a stir due to his political aspirations

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  • Mon, 07/30/2018 - 12:12
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In the continuation of the case of the alleged supposed "wiretappings" against Ricardo Martinelli in its intermediate stage, corrections of the indictment were requested to proceed to the oral trial.The independent plaintiffs requested compensation for damages for 56 million dollars. The magistrate judge of guarantees Jerónimo Mejía allowed the defense of the ex president Ricardo Martinelli to access the seven bulletins presented by the prosecutor Harry Díaz that contain the prosecution evidence and without them the lawyers of Ricardo Martinelli can not do a good defense if they do not know what they contain.
Today the hearing resumed to allow from now until August 23, when the next hearing will continue, to review the booklets, but Carlos Carrillo, the defense lawyer authorized can only access with paper and pencil, and was forbidden to share it with his legal team or Ricardo Martinelli. The independent plaintiffs did not want to have access to them. The hearing will be suspended until 23 August due to the vacation of prosecutor Harry Diaz.

Ricardo Martinelli at the hearing denounced the abuse and violations of their rights by Abel Price, director of El Renacer prison and announced that he will sue this official for overreaching, abuse of authority, attempted murder, psychological torture , violation of human rights and that will also demand the Minister of Government, Carlos Rubio, The lawsuit against each official will be for 5 million dollars.

The ex president  will demand the lawyer Rosendo Rivera for five million dollars, after this assured in a publication in the Estrella de Panama that the former president Martinelli was the one that authorized the telephone interventions.

The Defense of Balbina Herrera filed for compensation for 30 million dollars for damages to personal dignity. "The engineer Balbina Herrera has suffered moral, psychological, and emotional damages, which has affected her private, professional, personal and private life image".

Mitchell Doens estimates that damages for violation of privacy amount rises to 20 million dollars. "The crimes declared have been committed continuously while the defendant served as President of the Republic," Mitchell Doens.

According to defense attorney Sidney Sitton, "We conclude our observations by emphasizing that the accusation, although this is an oral system, has to be presented in writing."

The defense of journalist Rubén Darío Polanco asks for compensation of 5 million dollars. He indicates that he was treated psychologically and after evaluation reflects a delusional disorder of a moderate persecution nature. "We request 5 million balboas although this figure will not repair the damage that our sponsored party presents", Defense of Rubén Darío Polanco

The defense of the PRD Juan Carlos Navarro will wait for oral trial and to issue a condemnatory sentence against former President Ricardo Martinelli, they will present their compensation action. "We do not present a compensatory action in our complaint," said Nicomedes Castillo.
In yesterday's hearing the Ricardo Martinelli's defense attorney, Sidney Sitón requested that the evidence of the protected witness has to be discovered or revealed on the basis of the reading of defects in form, Judge Jerónimo Mejía will give a ruling on the details because they are important for the defense and that the material evidence to present in the oral proceeding is presented because they need them to exercise the defense without them they do not know what are they going to defend.

At the hearing, prosecutor Harry Diaz passed a copy of the pleadings and adjustments requested by the defense, but did not allow a copy of the protected witness's information. Judge Jerónimo Mejía added: "I have allowed you the opportunity to listen to yourselves, to clarify, to modify your positions, the decision that I am going to take in the future will be understood by you, the indictment was intended to allow the defense to answer your questions, the written with the parameters established in the criminal procedural stage.The defense has brought points in the sessions accepted by the prosecutor and today the defense brought final proposals to clarification and omissions, requests related to the identity of the witness and possibility that 7 booklets are delivered.Regarding the related to the protected witness and his identity, the booklets and linked to the evidence, I will take into account his arguments, see elements of conviction that are means of proof. First see if the evidence is admissible or not. of the written copies with which we do not count, the prosecution indicates that the documents were delivered to the defense or its disposition so that it has possibility of having them. The defense confirms that they have received them or not. "

Later a recess was made to eat and in the evening they are waiting for the independent accuser to finish corrections of his indictment to continue the hearing and for the defense to review the updated document that the Prosecutor's Office is currently presenting.

Yesterday's hearing the prosecutor Harry Diaz presented a 48 pages document replacing the previous 30 pages indictment of the case number 138-15 against Ricardo Martinelli.

Sidney Sittón after Harry Díaz's presentation, requested to the magistrate a copy of his oral presentation today to review and compare with the accusation document and their requests presented before in order to see what the prosecutor has modified, and requested to resume the audience tomorrow to make his observations and requests regarding this new document presented today by the accusation and the items that has not been addressed and presented as requested by the defense. The audience will resume tomorrow July 31 at 9:30 am.

The aspiration of former President Ricardo Martinelli to be a candidate for deputy and mayor for the 2019 elections has generated criticism in Panama.

Through a legal representative, the former president formalized on Friday before his Democratic Change party (CD-opponent) his candidacy for deputy for a circuit of the Panamanian capital. And he expressed through his Twitter account "I have been nominated to run for Deputy and soon I expect my party from the Mayor of Panama City."

In the session on July 16, the defense requested "corrections" to the indictment of prosecutor Harry Díaz and also to reveal the identity of a protected witness of the prosecution.

Defender Carlos Carrillo told EFE that the petition "is simply about corrections that can not imply a variation of the accusation" presented by Díaz in October 2015 and sustained during the current intermediate phase, at which time the judge of Guarantees will decide whether to call to trial.

Former Secretary of State Communication, Luis Eduardo Camacho, told EFE that this week Martinelli, through his lawyer, tried to open an account in the Electoral Tribunal for the campaign for the mayoral candidacy, but the governing body He said that the position had been "reserved" by the CD board.

Camacho affirmed that the presentation of the candidate to deputy candidate "does not imply that Ricardo Martinelli has abandoned his aspiration to the Mayor's Office", to which he could even run as an independent candidate.

According to local press, they would also consider preventing the former president from continuing with his political aspirations for the next general elections in 2019 and could give him an accessory penalty of disqualification to participate in public political positions.

Among the reasons for seeking to advance a condemnation for the candidate for deputy by the Democratic Change party (CD) in circuit 8-8, before December of this year, is to avoid demonstrations while the WYD is held in the country.

Defense in today's hearing awaits correction of the prosecution's texts and will present two new appeals next week.

Ricardo Martinelli's defense team asked Judge Jerónimo Mejía for documentation detailing the specific impact suffered by each of the 150 alleged victims who are part of that process. "What details were the state resources that were used in the alleged interceptions of calls" of those who directly accuse Martinelli, since that is not mentioned in the file. "To which people was affected, what equipment was used, who it was the officials who were given supposed orders to wiretap, "said Sidney Sitton.

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