Arrest call for no-show Supreme Court Judge
THE NATIONAL Assembly prosecutor in the proceedings against Supreme Court Judge Alejandro Moncada Luna, has called for the accused’s provisional arrest and for him to be barred from leaving the country.
At the same time, the prosecutor, Deputy Pedro Miguel González, ordered the judge to appear immediately in the National Assembly.
González made the arrest application to the Guarantees subcommittee of the Assembly, presided over by Panameñista deputy Katleen Levy and integrated by deputies Zulay Rodríguez and Ana Matilde Gómez. González bases his request on Article 237 of the Criminal Procedure Code reports La Prensa.
González bases its request on Article 237 of the Criminal Procedure Code which reads: “The Guarantee Judge may order the provisional arrest of a person when it is appropriate for the crime that has marked minimum sentence of four years in prison and there is evidence that proves the crime and linking the accused as well as the possibility of escape, overlooking the process, danger of destruction of evidence or it can threaten the life or health of another person or against himself … “.
The same article says that “Exceptionally, in the case of a person whose permanent residence is not in the national territory or in cases where the opinion of the competent authority the life or physical integrity of another person is reasonably threatened, Judge may order the provisional detention even when the minimum applicable penalty is less than four years. Preventive detention of an accused who fails to appear at the hearing of the trial, which shall be made by the trial court at the request of the Prosecutor also decreed. Pre-trial detention shall not exceed one year, except in the case provided for in Article 504 of this Code. “
González also cited Article 229 of the code on the prohibition to leave the country, saying: “The Trial Judge may order that the person not leave the territory of the Republic without judicial authorization. To ensure the effectiveness of this measure, orders preventing the use of passport and other identification documents necessary for travel and instructions will be given to and held by the relevant authorities to prevent his departure “
Neither Moon nor Moncada his defense attorney Sidney Sitton, attended the hearing, even though they were notified.
The sub committee meanwhile, declared itself in permanent session.