Flip flop judge gets heads up from colleague

Jerónimo Mejía , The judge of guarantees in the case faced by ex-president Ricardo Martinelli  for illegal wiretapping and embezzlement has, warned that the plenary session of the Supreme Court of Justice has already recognized that it has ” generic or objective competence to handle the case, despite the resignation of the accused as a deputy of the Central American Parliament (Parlacen)” .”

The statement came in a report that Mejía sent on October 19 to Judge Oydén Ortega, rapporteur for an appeal for constitutional guarantees filed by Martinelli’s defense, in which he asks the court to decline jurisdiction because his client is no longer a member of Parlacen.

This week, Ortega did a 180-degree turn and circulated among his colleagues a draft decision in which he grants the appeal, for alleged violations of due process. The news sent shock waves through legal circles and media commentators with allegations that the timing and reversal of previous action were suspicious.

However, reports  La Prensa  Mejía warned Ortega that,  that  the court has already taken decisions

“The present Amparo does not make sense, because the plenary session of the Court, every time that, without having been inhibited to know about the issues raised by the defense, has decided its petitions and appeals, has recognized that the Supreme Court of Justice has generic jurisdiction  … to know the criminal proceeding against Mr. Martinelli Berrocal, “Mejía remarks in his conduct report.

Ortega, among other decisions adopted within the present folder, voted against the admission of similar amparos, denied by formal matters, on July 11 and August 16. He has also voted with the plenary -constituted in the Court- in favor of maintaining the precautionary measures of preventive detention in and denying a forensic medical evaluation among other matters.

In these acts, Ortega has been present and has never expressed concern over the issue of competition, as have his colleagues Ángela Russo, Efrén Tello, and Asunción Alonso reports La Prensa.

The appeal asks to revoke the decision taken last June 25 by the judge of guarantees, to maintain the competence of the process to Martinelli, despite his resignation from Parlacen. Mejía supported his decision in Article 233 of the Judicial Code.

The  Ortega draft decision must be submitted to analysis in the plenary of the CSJ for substantive discussion. If the favorable vote of five magistrates is received, the CSJ must decline Martinelli’s appeal.

Martinelli was extradited by the United States on June 11 and has been detained in El Renacer prison since then.

Mejía has summoned the parties to a hearing on Monday, November 19, to inform, which evidence will be admitted and which will be rejected, from the file presented by the fiscal magistrate Harry Díaz , the defense and the independent plaintiff Rosendo Rivera. Mejía must also decide whether or not Martinelli will be prosecuted for the alleged commission of crimes against the inviolability of secrecy and the right to privacy, and for embezzlement.