Martinelli on course to dodge trial

A group of seven defense attorneys filed appeals for the annulment of the preliminary hearing in the New Business case on Thursday, January 27.

Among them is the one presented by Ronier Ortiz, who represents former president Ricardo Martinelli , who asked that the hearing be suspended on the grounds that his client enjoys electoral criminal jurisdiction as he is president of the Realizing Goals party.

Ortiz presented Judge Baloisa Marquínez with seven bulletins from the Electoral Court, where the existence of the Realizing Goals party is certified, and that its main representative is Martinelli.

 Baloisa Marquínez , the third judge to liquidate criminal cases, denied the defense appeal for annulment to suspend the preliminary hearing in the New Business case as the president of the Realizing Goals party, does not have electoral jurisdiction this Thursday because the internal campaign of his group begins  Friday, January 28.

However, the judge granted the opportunity to Ronier Ortiz, the former president’s lawyer, to present a certificate from the Electoral Court stating that Martinelli has that legal armor.

Ortiz replied that he will do the corresponding procedures to be able to present that certification on Friday. 

Subsequently, the judge will analyze the other appeal for annulment presented by the former president’s defense. On this occasion, they request the suspension of the preliminary hearing because they reiterated that Martinelli is entitled to the principle of specialty contained in the bilateral extradition treaty between the United States and Panama, of 1904.

The judge transferred this resource to the Prosecutor’s Office for it to issue an opinion.

The facilities of the Latin American Parliament (Parlatino) in Amador, were used for the hearing of 25 people investigated for the purchase of Editora Panamá América, SA (Epasa), in the year 2010, presumably with public funds, a case known as New Business.

Replaying  the health card 
Among the defendants is Martinelli, a shareholder of Epasa. However, Ortiz reported that he would not attend, because he is “incapacitated.”

When asked what his client has and how long the disability is, Ortiz simply pointed out “until the doctor says it’s over.”

“But the man has been seen dancing everywhere…” a journalist told Ortiz.

“That question is out of place,” said the lawyer.

Ortiz also invoked the principle of specialty contained in the 1904 bilateral extradition treaty between the United States and Panama, although the US State Department has said that it no longer applies to Martinelli since the grounds established in the treaty itself have been met.

Martinelli was extradited by the United States, in June 2018, to answer for the so-called puncture case, on alleged unauthorized interception of communications and monitoring.

Consulted by La Prensa, the State Department has said that “Panama is free to take Mr. Martinelli to trial without obtaining an exception from the United States to the specialty rule.”