Presiding Judge Jerónimo Mejía asked the parties to reach an agreement to address the requests made by the defense of former President Ricardo Martinelli, in the drafting of the indictment document filed by the Prosecutor's Office. Otherwise, the Prosecutor’s Office must explain thoroughly the questions made to the document. Mejía called for the continuation of the hearing for next Tuesday, July 24.
"The indictment of the Prosecutor lacks a structure and lacks a technique that entails the drafting of this type of documents. We are in a phase where the Prosecutor has to show and say what are the factual, legal or evident elements he intends to use in the next trial phase because in that way the right to defense is exercised. The accusation has errors, it has inconsistencies, it has shortcomings," said the defense lawyer of former President Martinelli, Sidney Sittón after the recess given to the audience on Monday.
Lawyer Sidney Sittón presents the magistrate Judge of Guarantees objections against the accusation of fiscal magistrate Harry Díaz based on art. 340, numeral 2, of the Criminal Procedure Code.
For Mitchell Doens, plaintiff in this proceeding, "the underlying issue is the indictment, which is not in dispute. There could be things in a way that would lead to an agreement but as in other cases it will be up to the Presiding Judge to resolve". He said that at some point the defense will exhaust the appeals, which delay this proceeding.
Earlier, lawyer Carlos Carrillo, of the legal team of Ricardo Martinelli, expressed about the drafting of the indictment document loaded with inaccuracies, "they are numerical errors that will create inconsistency. The lack of definition hurts the defense because it does not know what you're going to defend yourself against".
Carlos Carrillo lawyer of Ricardo Martinelli informed that at the moment a penalty agreement is not analyzed but they do not contemplate a penalty agreement in the intermediate phase in the case of alleged punishments against the ex president.
Another of the complainants, Balbina Herrera, believes that there are issues that hamper an agreement between the parties, after the call made by the Presiding Judge. Herrera referred to the publication made, on social networks, by one of the defense lawyers. "Today they have taken pictures of the cars and they have been uploaded to social networks. You can imagine how hard this would be for the witnesses and for us who are going to continue here," said the leader of the Democratic Revolutionary Party (PRD).