The Martinelli legal circus at risk

Panama’s former president Ricardo Martinelli will be back in court this week to continue what could the first of a series of trials alleging malfeasance corruption and, as the net widens perhaps more.

The recent “they’ve recorded me, they’ve recorded me, ” yammerings  – of interim Supreme Court president Hernan De Leon followed by the revelations of Attorney General Kenia Porcell pointing to potential blackmail attempts, raises the question who are they? with many fingers pointing to the man currently in the dock for wiretapping 150 people who crossed his path, with De Leon claiming the victims numbered 5,000, with copies of the recordings allegedly in Italy and the US.

Martinelli who in a recent outburst while exiting the court threatened revelations that would shake the country while his  band of well-rewarded  lawyers appears ready o go to extreme lengths in staving off judgement day for their client, who appears to not yet realize that he is no longer  ruling the country or even the CD Party he founded  to enable his power grab.

Which brings into sharper focus Judge of  Guarantees Jerónimo Mejía who will be the pivotal star of the proceedings in the coming days or weeks, with prosecuting magistrate  Harry Diaz in the supporting role.

On Saturday, August 18 La Prensa carried a thumbnail portrait of the man destined to preside over a hearing that could decide the future path of Panama’s political and justice system.

Rodrigo Noriega wrote Jerónimo Mejía became a magistrate of the Second Criminal Chamber, in January 2008. bringing his experience as a criminal lawyer, with knowledge of the new trends in guarantees and the conscience of a criminal law focused on the diffuse damage to groups of citizens.

As a magistrate, Jerónimo Mejía contributed to the improvement of procedural legislation and the implementation of a new Criminal Code. His judgments in criminal matters are usually well-founded jurisprudential pieces and loaded with doctrinal and theoretical content.

Surely the role for which Mejía will be remembered is the judge of guarantees of the case of the wiretaps which involves Martinelli. The case, which began for Mejia on August 12, 2015 -when the Electoral Tribunal informed the Court about the suspension of Martinelli’s criminal electoral jurisdiction- is the litmus test for judicial institutions and the new procedural model known as the criminal accusatory system.

Mejía was due to retire on January 1, 2018, but political play prevented the two candidates for magistrates proposed by President Varela from becoming part of the Court. That left Mejia in the Court, which did not represent a significant event until June 11, 2018, the day Martinelli was extradited to Panama.

Since that day, Mejía has carried the wiretapping case to a critical stage. When the indictment hearing resumes on August 23, it will be up to the Martinelli defense to present his evidence and all the resources they will propose against the accusation will be known, and his reaction to the famous seven confidential information booklets.

Delaying tactics
How long will this part of the process last? No one can say with certainty, given that the defense can file dilatory actions, the accused has “medical conditions” and unexpected events may occur that affect the hearings.

Faced with all this, presenting a candidate to replace Mejia is an irresponsible act. This could cause multiple delaying measures with a newly appointed judge becoming a judge of guarantees and thus delay or entrap this process. It is best to wait for Mejía to finish and then nominate his replacement. You never change what works.