Judge nixes 7 Martinelli defense moves

Judge Jerónimo Mejía, acting as judge of guarantees,  has denied the seven “absolute” nullity applications filed by the battery of defense lawyers of ex-President Ricardo Martinelli, in his Supreme Court wiretap and embezzlement hearing.

Martinelli appeared handcuffed and no longer playing to the crowd. He was wearing a hidden mobile device to monitor his heart rhythm, something often used on patients who are later fitted with pacemakers. During the ruling, his wife Marta shouted at the judge.

Mejía methodically analyzed, each of the requests in which they opposed the complaints presented by prosecuting magistrate Harry Diaz and the complainants.

One denied nullity request was that related to the alleged lack of imputation.  Mejía said he did not understand the defense’s approach, which alleged that Martinelli was to be notified personally

“The lawyers lose sight of the behavior of Mr. Martinelli Berrocal as if that behavior did not have any kind of repercussion, “said Mejía. He referred to an interview with the program Café de CNN in Spanish, broadcast on November 4, 2015, in which the former president stated  clearly his intention not to return to Panama and said he had a team of lawyers with ample powers to represent him,

Also , “there is the table provided by the fiscal magistrate Harry Diaz, in which a breakdown of all actions made by the defense: requests for a copy, nullity, file, violation of the due process, among others, which shows “that the defense learned of everything that t happened in the Court from the beginning of the investigation.”

Mejía added that “there are innumerable evidences that Mr. Martinelli resigned that right of personal defense. This is demonstrated by his departure from Panama, leaving a large team of lawyers to notify him, because he was going to follow his personal agenda which meant enjoying life, and his political agenda, which was to do opposition to [Juan Carlos] Varela]. That is inferred from his manifestations on CNN “

He also recalled that Martinelli left voluntarily from Panama on  Jan. 25 2015, “knowing that there were several criminal proceedings, including the present … It was a personal decision of Mr. Martinelli to stay out of the scope of Panamanian justice for almost three years, it being necessary to extradite him “.

Therefore, Mejía considered that “to flee and, after being extradited, to ask the canceling of the process, is a nonsense. “

The magistrate judge also considered that it is not appropriate to annul the process because of alleged violations to the electoral penal jurisdiction and to “immunities and privileges” that -according to the defense-Martinelli showed by having been a deputy of the Central American Parliament (Parlacen).

The Judge of Guarantees denied the 6 motions of nullity filed by the defense but admitted the appeal announced against his ruling denying double jeopardy.