Former MP Zulay Rodríguez Charged for Keeping the Penagos Gold Bars

After four attempts in the Judicial Branch and another in the ordinary courts, former PRD deputy Zulay Rodríguez was finally charged with the alleged commission of the crime of aggravated fraud, in the case of the appropriation of gold sheets or bars belonging to the deceased Mexican José Luis Penagos.  The arraignment hearing was held on Monday, October 28, 2024, before the judge of guarantees Fermín Bonilla.  During the court event, Judge Bonilla accepted the charges brought by prosecutor Elizabeth Carrión for the alleged commission of the crime of aggravated fraud, but declared the criminal action for the crime of criminal association to commit a crime to be prescribed.  The statute of limitations for both crimes had been requested by attorney Félix Humberto Paz, Rodríguez’s defense attorney, considering that more than 10 years have passed since the crime under investigation was committed.  The judge only accepted the request for a statute of limitations in the case of the crime of illicit association, which carries a sentence of 3 to 5 years in prison. In the case of aggravated fraud – which carries a sentence of 5 to 10 years in prison – this would have materialized in 2018, when the gold sheets were delivered to Rodríguez. If you need further information, NewsroomPanama.com has many stories online.

The judge declared a recess, to allow time for Juan David Penagos, son of the deceased Mexican businessman, to join the hearing, even if it is virtually. The defense claims that Penagos Jr. will withdraw his claim, but the judge needs the complainant to communicate this directly.  During the course of the hearing, Judge Bonilla repeatedly called Rodriguez’s defense attorney’s attention because, during the questioning phase of the prosecution, he tried to introduce elements that correspond to the intermediate phase of the process.  Meanwhile, outside the court facilities where the hearing was taking place, a group of people were demonstrating with signs calling for the charges against the former PRD deputy to be dropped.  José Luis Penagos, a former client of Rodríguez, hired her in 2013, four years after he was arrested at Tocumen Airport for transporting 68 kilos of undeclared gold sheets or bars. During his lifetime, Penagos accused the former congresswoman of keeping his gold, although she maintains that said gold was payment for her professional services.  In relation to this case, there is a second investigation file in which Álvaro Testa and Rafael Araúz, Rodríguez’s husband and partner, respectively, are implicated, as well as Luz Eneida Canto, Araúz’s mother.  The prosecution has issued warrants for Testa and Araúz to appear and face trial.