Varela accused of flip flop in judicial system turmoil

 THE TURMOIL in Panama’s judicial system continues, with a former judge re-iterating that the current court  president  Jose Ayu Prado,  pressured him to rule in favor of members of ex-president Ricardo Martinelli’s “zero” (inner) circle and President Juan Carlos  Varela accused of an about face on Ayu Prado.

Ex-judge Alexis Ballesteros Ballesteros said that the new judges Angela Russo and Cedalise Cecilio did a   “very bad” disservice to citizens in  voting  for the reelection of Ayu Prado as president of the Court, and he does not rule out a “nonaggression pact” between the judicial and legislative branches reports La Prensa  He points out that when elected, Varela had said he would ask for Ayu Prado’s resignation.

Meanwhile, lawyer Rosendo Rivera claims that another judge knew of the alleged improper conduct of Ayu Prado to establish wiretapping

Rivera said the formula allegedly devised by Ayu Prado and Salomon Shamah, ex manager  of the Tourism Authority to legalize espionage using the Court and the Public Ministry (MP) lasted a short time because the asked  what evidence had to relate to Mejia, he said he learned through two people in the Public MInistry

La Prensa  tried to get Mejia’s version through telephone calls, WhatsApp messages and email, but got no  answer.

Ballesteros, ex-fourth criminal circuit judge, has little hope that the National Assembly will initiate a process against  Ayu Prado.

“It will not happen . Not at all, “he said when asked his opinion on the complaint filed on January 18 against Ayu Prado, for the alleged offenses of abuse of authority and violation of the duties of a public servant.

The complaint argued that records of the Office for Drug Control and Higher Special Prosecutor for Organized Crime were used  to  camouflage phones that Martinelli and his government wanted to intercept.

“You put the complaint and the public prosecutor has to investigate. In this case the prosecution is the National Assembly [which investigates judges] However, they decide to stop performing any action under the guise of mere formalities “said the lawyer.

Ballesteros, in April 2014, revealed that he had been pressured with instructions of the judges of the Court, Jose Ayu Prado, Wilfredo Sáenz and Secundino Mendieta and the then president (now jailed) Alejandro Moncada Luna to fail certain criminal proceedings.

He said  that he was asked to resigned  for not “following directions” to revoke the file of the proceedings against  five employees od TRANSCARIBE Trading, SA (TCT), for  blocking Corporation La Prensa (Corprensa), on 2 and 3 August 2012.

Ballesteros said that he was summoned several times by Mendieta and Saenz for instructions on how to act in the  case. “They made direct accusations and the orders came from President of the Supreme Court,” reports La Prensa.

The Politburo
He said  that several times he was told that Salomon Shamah was the connection with the Judiciary.  Moncada Luna  himself came to tell him that they all [Moncada Luna Shamah, Ayu Prado, among others] belonged to an exclusive circle known as  the “politburo”.

He was told that the politburo “could not be touched” by his close relationship with the president at the time, Ricardo Martinelli.

Ballesteros says he does not understand how Ayu Prado won reelection as president of the Court.

“For me it was a total disappointment. And the disappointment is not only mine, but of a population that is waiting for the administration of justice… it is sad that the newly appointed judges of the Court voted for him,” he said

On  January 4, only hours after taking up their positions in the Supreme Court, Cecilio Cedalise and Angela Russo, the judges appointed by President Juan Carlos Varela, gave their vote to reelect Ayu Prado reelected. Cedalise  even proposed it. “[The new judges] are sending a rather negative message to society,” said Ballesteros.

He said he was surprised at the change of attitude  by President Varela, pointing out that one of the first things he did when he won the presidency was to say on television  he would ask for the  resignation to the President of the Court [Ayu Prado], but today, he  avoids the subject when consulted on the crisis in the t court.

Ballesteros said: “And what if Ayu Prado has an ace up its sleeve regarding this government and has more than four people tied (…)?”.