The Odebrecht Case Hearing Continues to Reveal the Shifting Opinions of Anti-Corruption Prosecutor Ruth Morcillo

The Odebrecht case hearing continues to reveal the shifting opinions of anti-corruption prosecutor Ruth Morcillo, particularly regarding a part of the investigation related to Line 1. Despite requesting the temporary dismissal of a case concerning alleged embezzlement in the construction of Line 1 in 2022, on the twentieth day of the Odebrecht trial, Morcillo referred to elements within that request as part of the evidence supporting her accusation of alleged money laundering. 

Although the prosecutor, at that time, indicated that there was not enough evidence to prove the crime or the connection of those investigated with the alleged “bribes”, in her explanation about the opening of the trial this week, she mentioned the work of Odebrecht’s Structured Operations Division as a background to the case, although without mentioning the prosecutor’s report No. 03-22 of October 25, 2022.  The document clearly outlines that he requested the liquidation court of criminal cases of the first judicial circuit of Panama to “issue a provisional dismissal order of an objective and impersonal nature in accordance with article 2208, numeral 1 of the Judicial Code.” 

The Court, after analyzing several procedural documents, including a report from the Comptroller General’s Office stating that the company Consorcio Línea 1 “complied” with the execution of the engineering and design project for the civil works necessary for the railway project, determined that the bidding, delivery, acceptance, and payment processes related to Contract No. SMP-28-2010 were carried out in accordance with the established legal and regulatory provisions. It stated verbatim: “There is insufficient evidence to make a ruling other than provisional dismissal, especially since the Public Prosecutor’s Office is the entity exercising criminal prosecution and has the exclusive function of directing the investigation, and therefore considered closing the case.” 

Judge Cleila de la Rosa Mendoza specified that the necessary evidence to prove the commission of the act was not presented; therefore, she accepted the Prosecutor’s recommendation to dismiss the case, which undermines the credibility of Morcillo’s accusations in the Odebrecht case. The debate now centers on whether the decision stemmed from a lack of evidence or if there are other hidden elements that Morcillo has failed to clarify.

Contradictory

In addition to this irregularity, Morcillo has been criticized for suggesting to Judge Baloisa Marquínez that she consider the testimony of individuals who did not appear at the hearing when issuing her ruling, alleging that their absence was the fault of the defense attorneys, even though they are unaware of the protected witnesses’ identities.

2022:  Year in which the criminal court of the First Judicial Circuit of Panama issued a dismissal order in a case of alleged embezzlement.  1:  Metro line number.

Attorney Carlos Carrillo, a member of former President Ricardo Martinelli’s legal team, believes this argument should be disregarded; however, it will be up to the Court to make a decision on the matter.  He mentioned that the prosecutor must explain why she is referring to cases of embezzlement in acts and processes that do not involve an investigation against the former president. 

Regarding the prosecution’s accusations that his client was fully aware that the funds disbursed by the construction company Odebrecht were illicit, he indicated that when it is his turn to present his arguments, he will refute these claims.  “We will present our rebuttals because they have brought up evidence that does not link Ricardo Martinelli,” he stated.   

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