Martinelli lawyers rush to anticorruption prosecutor after PAN confession
LAWYERS repesenting ex presidenr Ricardo Martinelli and his personal secretary Adolfo De Obarrio, flocked to the office of the First Anticorruption Prosecutor in the Avesa building on Via Espana before the doors opened on Monday, January 26.
Rogelio Cruz and Sidney Sitton were there following the confession of former director of the National Assistance Program (PAN ), Rafael Guardia Jaén, investigated for the irregular purchase of bags rice, who on Friday, gave names of business people and government officials who, he said, were involved in the scam officials
Cruz told La Prensa that he and Sittón came as lawyers of Martinelli, after the Guardia declared that he acted under orders from his superiors, which would point directly to former chief of state.
Martinelli’s legal team are also representing Alma Cortés and Carlos Carrillo.
“Upon arrival we were absolutely impossible to talk to anyone, even the secretary much less have access to the file, “said Cruz.
Edna Ramos, lawyer for Obarrio made a second attempt to access the file after failing Friday when she dashed to the office after news of the confession became public, but no names were published.
Cruz said the team of lawyers “have the right to question Mr. Guardia” and so “confront” his testimony.
He said that the dissemination of statements by Guardia violates the presumption of innocence so that his client could bring proceedings for offenses against honor.
A 2008 decision of the Second Superior Court of Justice ruled that the prosecution could not initiate criminal proceedings for offenses against honor, when assumptions are of offended figures with authority and jurisdiction. Similarly, since 2008, the Criminal Code decriminalized libel. Reports La Prensa.
Cruz contends that this does not apply to his client. Although a membere of Central American Parliament since July 1, 2014, that does not make him a public servant, since according to the judgment of the lawyer ” he does not receive a salary from the Panamanian State or is employed by one of its institutions.”