Chief justice refuses resignation call
PANAMA’S Supreme Court Chief Justice José Ayú Prado is refusing to resign as publicly requested the Citizen's Alliance for Justice two days ago, and earlier by President elect Juan Carlos Navarro.
The alliance has demanded his resignation over allegations that he ordered former Criminal Court Judge Alexis Ballesteros to issue decisions favorable to the administration of President Ricardo Martinelli. Also implicated in the scandal are Justice Alejandro Moncada Luna and two lower court judges.
The alliance said the justices "may not continue to administer justice as if nothing happened."
Ballesteros has alleged that he received instructions from Ayu Prado, Moncada Luna and Second Superior Court Judges Wilfredo Sánez and Secundino Mendieta to rule in favor of President Ricardo Martinelli and his relatives in three cases: the complaint against Balbina Herrera for divulging presidential e-mails; a case involving a relative of Martinelli supporter Gabriel Btesh; and the case against contractor Transcaribe Trading (TCT) for blocking the distribution of Mi Diario and La Prensa.
The alliance asked that Ayu Prado step down so that an investigation into these allegations can be initiated.
The chief justice has responded that the allegations are being investigated by the Attorney General's Office, the National Assembly and by Justice Harry Diaz. He said it is "imperative" not to ignore the guarantees laid down in the Constitution, the criminal code and judicial and criminal procedural law relating to the separation of powers, judicial independence, the presumption of innocence, due process, the right to a defence and attention to the victim reports La Prensa
Three judges – Harley Mitchell, Victor Benavides and Oyden Ortega – asked the court to address the situation in an extraordinary plenary session, which was denied by Ayu Prado on the grounds that the issue could be addressed in an ordinary session. But it has yet to be discussed.
Ayu Prado was one of four officials that Varela said he would call upon to resign for “failure” to perform.