Martinelli faces crunch hearing Wednesday

“MANY”  of the arguments put forward by defense lawyers of Panama’s former president to save him from extradition, lack merit says the US Attorney’s Office.

At the  Miami extradition hearing of Ricardo Marinelli on Wednesday, Aug.23 they will ask the court to avoid extradition and certify his delivery to the State Department for transfer to Panama.

Martinelli (2009-2014), faces four counts related to ” illegal interception of communications and embezzlement “.

“The arguments of Martinelli Berrocal in opposition to the certification of his extractability by this court, “many of which have been repeated in multiple presentations, “are without merit,” according to prosecutor Adam Fels in response to  defense allegations.

In the 40-page document, to which Efe News agency had access   Fels raises in four points the viability of the extradition of Martinelli, who has been detaine  in Miami, since June 12.

Fels said that the defense, “has presented no valid reason why the Court should decide deny certification” Fels said that crimes related to wiretaps are extraditable and in the case of embezzlement “there is evidence” that rejects the argument that they were not bought with public money.

“Surveillance offenses are extraditable,” Fels said, saying the  defense lacks a “valid legal or factual basis” in that sense.

Embezzlement
He emphasized that both surveillance “were owned by the Panamanian Government, and the misuse and conversion of either of the two systems is sufficient to establish the probable cause of embezzlement.

He described as “without merit” the argument that due process had not been carried out, and emphasized that “Panama has complied with the request for arrest” provided for in the Extradition Treaty, signed in 1904, which was included as an additional document.

“Martinelli Berrocal’s attempts to challenge the credibility of the Prosecutors in both the United States and Panama are devoid of substance, “Fels said.

He considers that the allegations made by Martinelli’s defense on corruption “are irrelevant. “

For the purposes of an extradition proceeding, the Court is “bound by the existence of an extradition to suppose that the trial (of the fugitive) will be just, “he added.

Martinelli’s defense, says that the request for extradition “lacks support”, with  There is no evidence that he has committed crimes and that “the extradition of Martinelli is for retroactive, non-extraditable offenses “.

Martinelli will appear before Judge Edwin G. Torres.

The former president has been living in Miami since 2015 and has been raising an asylum application since that year, allegeing that he is a persecuted politician by his former vice president, Juan Carlos Varela, now president of Panama.

Martinelli, has been denied requests for bail,  including offering a $10 million bond.