Defense lawyers and judges stalling on Martinelli
DEFENSE LAWYERS for ex-president Ricardo Martinelli are using tactics that could be considered abuse of the justice system while Supreme Court judges are scrambling to avoid making decisions over his arrest.
Alternate Supreme Court Justice Efrén Tello has appealed the decision to appoint him to rule on the writ of habeas corpus filed by Martinelli to prevent his arrest in the case involving illegal surveillance while he was in office.
La Prensa reported on Friday, Janary 8 that on Thursday,Tello, who was appointed by Martinelli, sent a request to the plenary of the court to remove him from the case. He was appointed to office by Martinelli.
If the request is accepted, the plenary would have to choose “a special alternate” to issue a ruling on the appeal, filed by Rogelio Cruz, one of Martinelli’s defense lawyers. That person would be chosen from the rest of the alternate judges.
The petition had initially been assigned to Luis Ramón Fábrega, who also recused himself from the case because he had acted as the chairman of the plenary session that ordered the provisional detention of Martinelli.
Cruz has also filed a motion to disqualify the judges who appeared at the hearing that resulted in the arrest order for Martinelli. He said that the motion is based on the same argument used by Fabrega to recuse himself, saying it would be applicable to all judges.
So far, defense attorneys for Martinelli have presented 16 motions seeking to block the case from moving forward.
Administrative Prosecutor Rigoberto González warned that the excessive motions could be construed as an abuse.
“Unfortunately the Panamanian legislation does not establish strong sanctions against those who used these tactics,” he said.
Carlos Herrera Morán, a lawyer for a victim in the case, said the argument used by Tello is “strange,” and said it could be seen as another attempt to delay the case.
“Some magistrates are joining the delaying tactics being used by the defense lawyers,” he said
