Former president struggles to avoid retrial

Former  President Ricardo Martinelli (2009-2014) will return  to the courtroom on   Wednesday, May 26, for a new hearing in the case of illegal interception of messages as he seeks to avoid a retrial  in which if found guilty he could face a 20-year jail term

The defense of the former president had alleged “infringement of rights”, for which he intended to annul the process that is being followed and for which he must go to trial on June 22. But a judge of guarantees rejected these claims, which led to an appeal by the defense, which will now be heard by a Court of Appeals, made up of three judges.

According to    Alfredo Vallarino, from Martinelli’s defense team his rights were affected in the first trial, since, according to his interpretation, the accusation was not presented to him. It also alleges that in the process Article 191 of the Constitution was violated, which establishes the crimes for which an incumbent President can be declared responsible. In addition, they argue that the crimes of inviolability of secrecy and the right to privacy are prescribed.

On May 18, the guarantee judge, Elquis Martínez, denied the request, arguing that the Supreme Court of Justice had already rejected the imputation and the subject of Article 191. In addition, he said that the president’s defense did not support the presumed prescription with dates.

In November 2020, the Superior Court of Appeals annulled the sentence that in August 2019 acquitted the former President of charges of espionage and corruption during his government, and ordered a repeat trial.