Three injunctions related to the jurisdiction of the Supreme Court of Justice (CSJ) were presented at various times by the defense of former President Ricardo Martinelli in the case of alleged wiretapping. "Two writs of amparo were presented previously, which were rejected on a formal issue and this third appeal was admitted," said Sidney Sittón, legal representative of the Panamanian former president.
The admission of the appeal was accompanied by a draft of a ruling that would have been presented by Judge Oydén Ortega and who would delegate the jurisdiction of the Court to the ordinary courts in the Martinelli case. The project must be presented in the Plenary Session and then voted. "Since Judge Jerónimo Mejía, said that he as a judge, maintained and retained the jurisdiction of this case, although Ricardo Martinelli is not a deputy, then from that moment to date, it had not been discussed in the Plenary Session if he had the right or not," says Sittón.
In the event that the Court declares itself without jurisdiction to continue with the Martinelli case, the proceeding would go to a Judge of the ordinary justice in the following 48 hours of the decision, "to determine among other things, first place on his apprehension, secondly on his imputation, because we remember that Ricardo Martinelli was never imputed; and in third place on the precautionary measures to impose or not impose precautionary measures, explains Sitton before the hypothetical scenario.
About the complainants
The jurist referred to the information that accounts for a possible negotiation in the case of Martinelli and the plaintiffs. He said that according to the law only the Prosecutor's Office has the power to reach agreements. "What I believe is that there is a desire on the part of some of the plaintiffs to receive economic benefits. Between the speech that asks for justice, on the part of the plaintiffs and the action regarding visiting a person who is deprived of his freedom and in a delicate medical condition, then you will understand that the only thing that can be moving these people, in my concept, is economic precariousness".
"If someone has seen Ricardo Martinelli, it is because he has gone there by his own will because Ricardo Martinelli can not move from where he is," said Sittón.
He said, on a personal basis, that he would not recommend reaching any kind of agreement, neither with the Prosecutor's Office nor with the plaintiffs, because he assures that they have all the sufficient elements to "prove the innocence" of Ricardo Martinelli.