Ethical issues with Chief Justice in FP case

WHILE  he has pledged to continue as the judge in the case involving former President Ricardo Martinelli and failed brokerage firm Financial Pacific (FP), Supreme Court Chief Justice José Ayú Prado could still be removed.

Objections to his handling of the case have been raised due to the fact that Martinelli appointed him to the court and because he investigated the case while he was attorney general. In fact, one witness said that Ayú Prado specifically pressured her to recant testimony linking Martinelli to the case. Reports La Prensa

Administrative Prosecutor Rigoberto González believes that Ayú Prado must consult with the other judges before deciding whether or not to continue.

Former Supreme Court Justice Esmeralda Arosemena de Troitiño said that motions to remove Ayú Prado can also be filed by the complainant, in this case the Superintendency of Securities, as well as by prosecutor Hernán de León.

The court has already issued a statement that it has not found any conflict of interest in the case and that Ayú Prado will not be removed.

González said while he understands and respects the position of the court, he said the case could present a number of ethical issues. For this reason, he said it would be better for Ayú Prado to step down.

“In cases like this, it would be best for the other judges to handle the decisions,” he said, adding that the court at least needs to address the issue in a transparent manner “so as not to tarnish the objectivity with which the case is being handled.”

On Tuesday  Ayú Prado  reiterated his stance in regard tothe) case and his role as the judge of guarantees.”I was appointed by the court and will fulfill my duties,” he said.

Ayú Prado said that, ultimately, the final decision on the case will be made by the plenary, and he will only be in charge of interpreting the criminal code and legal issues.

The case is based on a complaint that was submitted by the Superintendency of Securities which highlighted alleged irregularities at the brokerage house that have been linked to Martinelli.

Ayú Prado could still be removed from the case based on a complaint filed by a lawyer for Mayté Pellegrini, a former FP employee who faces criminal charges in the case. She alleges that Ayú Prado pressured her not to reveal the link between Martinelli and FP says La Prensa