“Buck stops here” for Martinelli as appeals denied

Former president Ricardo Martinelli suffered  two new judicial setbacks clearing the way was cleared for the new oral trial in the illegal wiretapping case.

The Court of Appeals of the First Judicial District denied him a writ of habeas corpus and the appeal that presented his defense against that decision.

With habeas corpus, Martinelli – through lawyer Jamis Acosta – attacked the decision of the guarantee judge María José Urbina not to declare the criminal action prescribed.

Acosta alleged that the trial against his client is “violative”, that the “complaint has the continuing interest” of seeing the former president imprisoned, that he has the “Public Ministry against him”, and that the judge, not knowing the merits of the prescription request, left him defenseless.

However, justices Giovanina Antinori, Greta Marchosky de Turner and Carlos Rivas Alarcón concluded – in a ruling of June 20 – that in this case the figure of habeas corpus does not apply, since it, in accordance with the Constitution and the law, has restorative, preventive or corrective purposes, that is to say “to demonstrate that there is a certain threat against the fundamental right of liberty …”.

However, Martinelli is not in custody nor has an arrest warrant been issued against him.

Meanwhile, the Superior Court concluded – in a ruling of June 21 – that the appeal is not admissible, “since, in accordance with the provisions of Article 2608 of the Judicial Code, there is only room for appeal in suspensive effect , in the case in which an arrest is declared admissible […] which has not happened ”in this case.

Judge Urbina denied the statute of limitations request on June 18, as she considered that it had been widely debated by other courts and considered that the appeal was a delaying tactic that, as a judge, she should avoid.

David Cuevas, a lawyer for Rosendo Rivera – one of the plaintiffs in the process – stressed that in recent months the defense of the former governor has used “all kinds” of inappropriate resources to stop the hearing, but this has not been possible.

“The worst that can happen tomorrow (today) is that he – the former president Ricardo Martinelli – or one of his lawyers presents a medical disability and automatically, by law, the Court must set a new date within the next 10 days”, He said.

In this scenario, the complainants and the Public Ministry reported that they coordinated with the authorities of the Institute of Legal Medicine and Forensic Sciences (Imelcf) in the event that a review of the ex-president’s state of health is necessary for him to appear at the hearing.

The Oral Trial Court will be made up of judges Iveth Francois, Jennifer Saavedra and Marysol Osorio.