Moderators Moderator_03 Posted September 15, 2023 Author Moderators Share Posted September 15, 2023 Quote Supreme Court rejects Martinelli’s ‘New Business’ appeal Posted 14/09/2023 The Plenary Session of Panama’s Supreme Court did not admit a written warning of unconstitutionality presented by the legal team of former President Ricardo Martinelli against article 254 of the Judicial Code that dictates regulations on the illicit nature of money laundering and criminal types that can be classified as precedents to said crime. The ruling, which was announced on September 13, had a presentation by Judge Angela Russo with the approval of the nine judges that make up the Plenary Session of the Court The former president's legal defense maintained that Article 254 was unconstitutional, since when the facts of the New Business case occurred, it was not in force, for this reason, it should not have been applied to it, his defense alleged. Article 254 of the Criminal Book indicates the following: “Whoever, personally or through an intermediary, receives, deposits, negotiates, transfers or converts money, securities, securities, goods or other financial resources, reasonably foreseeing that they come from activities related to bribery. international (...)". The article also indicates that for said actions he will be punished with a sentence of 5 to 12 years in prison. In the New Business case, the Second Liquidation Court for Criminal Cases sentenced Martinelli to 128 months in prison and to pay a fine of $19.2 million for money laundering in the purchase of the shares of Editora Panamá América, SA (Epasa). For the crime of money laundering. Janeth Vásquez, Valentín Martínez, Iván Arrocha and Daniel Ochy were also convicted. In the same ruling, Judge Baloisa Marquínez issued an acquittal in favor of Gonzalo Germán Gómez, Iván Clare Arias, Aaron Ronny Mizrachi, Vernon Salazar Zurita, Salomón Btesh Btesh, Jack Btesh Hazan, Leo Cohen Mugrabi and Marcos Ángel Acrich and Nicolás and José Carlos Corcione Pérez Balladares. These acquittals were appealed by the Specialized Prosecutor's Office against Organized Crime, which will have to be resolved by the Superior Court of Appeals for Criminal Cases. https://www.newsroompanama.com/news/supreme-court-rejects-martinellis-new-business-appeal-2 Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted October 26, 2023 Author Moderators Share Posted October 26, 2023 Quote Court confirms Martinelli 10-year jail term and $92 million fine Posted 25/10/2023 Share The Superior Court for Settlement of Criminal Cases confirmed Tuesday the 128-month jail sentence against former president Ricardo Martinelli for money laundering in the New Business case. The Court ratified the fine of $19.2 million, as an accessory penalty, as well as the confiscation in favor of the State of all the shares of Editora Panamá América, SA (Epasa), its administration and facilities (movable and immovable property), since It was proven that public funds laundered through the basket account of the company New Business Services Limited were used to acquire the shares of Epasa, in December 2010, when Martinelli was president The State already has 40% of the shares of Epasa, which belonged to Henri Mizrachi. Martinelli controls the remaining 60%; which his lawyer denies. “ The Chamber has no doubt that Ricardo Alberto Martinelli Berrocal is a Panamanian businessman and politician with a long history in commercial businesses. He also maintained and currently maintains abundant capital, which could justify the contributions granted for Epasa's investment; However, what is verified here is the management with which Mr. Ricardo Martinelli Berrocal carried out the transactions for the purchase of Epasa, w.signed Martinelli, who is now a presidential candidate for Realizing Goals (RM) and intends to compete in the elections on May 5, 2024, was, sentenced in July, by criminal judge Baloisa Marquínez. The RM party, on its account on the social network Martinelli, wrote that the Superior Court ruling seeks to “invalidate my candidacy.” The magistrates denied the appeal presented by Martinelli's defense against Judge Marquínez's sentence and confirmed the sentence of the former president and four other defendants: Janeth Vásquez, Iván Arrocha, Valentín Martínez Vásquez and Daniel Ochy, sentenced to 60, 70, 80 and 96 months in prison, respectively. In their ruling 4, the judges also rejected several incidents of annulment presented by the former ruler's lawyers. Mata, Hoo and Juárez maintain in their ruling that, regarding the purchase of Epasa, “ Ricardo Alberto Martinelli Berrocal was in charge of its organization, together with Henri Mizrachi Kohen, using third parties, both natural and legal, to deposit and transfer money from activities related to embezzlement and corruption of public servants, which occurred when he was President of the Republic, with the purpose of hiding, through various banking operations, their illicit origin. In another paragraph of the 302-page ruling, the magistrates point out that “ there is testimony that allows the responsibility of Ricardo Alberto Martinelli Berrocal to be clearly established, which is supported by the extracts from the bank accounts and the report of [the expert] Eliseo Ábrego, which captured the information on the banking transactions collected in this case, expertise that allows us to understand how the money was deposited for the purchase and payment of the loans. The funds collected in the basket account were used not only to acquire Epasa but also to pay off a loan with the Savings Bank, related to the purchase of the publisher's shares. The funds were provided by State contractors such as FCC, Condotte Panamá, Transcaribe Trading, Grupo Clio and Excavaciones del Istmo. The contractors received the money as a supposed advance for the awarded projects; The money was finally deposited in the basket account. In his appeal, Martinelli's defense argued that having “accounts collecting funds for the purchase of the publishing house does not constitute an irregularity in the commercial world.” Martinelli's defense complained about the non-appearance at the trial of Henri Mizrachi and Riccardo Francolini, who have an effective collaboration agreement with the prosecution, validated by Judge Marquínez. Judge Marquínez also acquitted 10 defendants. The Specialized Prosecutor's Office against Organized Crime appealed the acquittal of six of them, but the Superior Court did not consider this appeal because one of them (Vernon Salazar, legal representative of the company Condotte Panamá) presented protection of constitutional guarantees, which was admitted on October 18 by Judge Cecilio Cedalise. https://www.newsroompanama.com/news/court-confirms-martinelli-10-year-jail-term-and-92-million-fine-1 Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted November 18, 2023 Author Moderators Share Posted November 18, 2023 Quote Court rejects Martinelli's appeal against jail term and $92.2 million fine Posted 17/11/2023 Panama’s Supreme Court did not admit protection of guarantees presented by former president Ricardo Martinelli against the second liquidator judge of criminal cases, Bailosa Marquinez, for decisions adopted on May 25, 2023, during the third day of the trial for money laundering in the New Business case. The plenary session of the Court, in a ruling whose speaker was Judge Cecilio Cedalise, rejected the protection presented by Martinelli's defense and maintained the decisions made by Judge Marquínez, subsequently ratified by the First Superior Court of Liquidation. The ruling, although dated October 17, 2023, was announced this November 16. In the appeal presented, Alfredo Vallarino, Martinelli's lawyer, alleged a series of violations of his client's constitutional guarantees by the judge. Marquínez's decision was endorsed by judges Guimara Aparicio Ortega, Melina Robinso Oro, and Liliane Ducruet, of the First Superior Court, who did not admit Vallarino's protection because they considered that Martinelli's right to defense had not been violated. The former president's lawyers complained because they could not question the two protected witnesses presented by the Public Ministry during the trial. Martinelli was sentenced (in two instances) to 128 months in prison and a fine of $19.2 million. The confiscation, in favor of the State, of the shares of Editora Panamá América, SA (Epasa) was also ordered, given that it was proven that they were acquired with public funds, in a transaction carried out in December 2010, when Martinelli was president. Juan Manuel Diaz Judicial Reporter https://www.newsroompanama.com/news/court-rejects-martinelli039s-appeal-against-jail-term-and-922-million-fine-1 Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted November 23, 2023 Author Moderators Share Posted November 23, 2023 Quote Strike Two against Martinelli in New Business appeal Posted 22/11/2023 Panama’s Supreme Court of Justice made public a second ruling in which it does not admit protection of constitutional guarantees presented by the defense of former president Ricardo Martinelli for the New Business case. In Edict 1403 posted, on Tuesday, November 21, at the General Secretariat of the Court, the parties are informed of the decision made by the magistrates. The ruling ratifies a sentence issued by Judge Baloisa Marquínez in the trial that took place on May 23, when she denied an incident presented by Alfredo Vallarino, from the former president's team of lawyers. On that occasion, Vallarino, as substitute lawyer, presented several medical certificates that described a series of physical ailments that Martinelli supposedly had, which prevented him from facing the process. That day Marquinez dismissed Vallarino's request, alleging that the time to present the certifications had already passed. Julio Sandoval, head of intensive care at The Panama Clinic, warned in one of the documents that Vallarino presented that Ricardo Martinelli had to be incapacitated and in rehabilitation for two months, with the purpose of “guaranteeing the highest success rate” of the spine surgery to which he underwent to correct a herniated disc. Martinelli's defense announced an appeal before the Criminal Chamber of the Court against the conviction in the New Business case. The ruling bears the signature of Judge Miguel A. Espino, substitute for Judge Olmedo Arrocha, and the concurring vote of Judge María Eugenia López. On November 16, the Court made public a ruling in which it also rejected an amparo of constitutional guarantees presented by Vallarino on behalf of Martinelli against decisions made by Marquínez during the third day of trial in the New Business case. Martinelli was sentenced to 128 months in prison and paid a fine of $192 million. His defense announced an appeal against that decision before the Criminal Chamber of the Court. https://www.newsroompanama.com/news/strike-two-against-martinelli-in-new-business-appeal Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted December 4, 2023 Author Moderators Share Posted December 4, 2023 Quote Martinelli loses another round in fight to avoid jail Posted 04/12/2023 The legal action presented by the defense of the former president's legal team went against the mixed order of the New Business case issued by the Second Liquidation Court of Criminal Cases on September 17, 2023. Martinelli was sentenced for the crime of money laundering to 128 months in prison, four other people were also sentenced in the ruling. The information is found on the Court's edict wall dated December 1, reports TVN. https://www.newsroompanama.com/news/martinelli-loses-another-round-in-fight-to-avoid-jail Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted December 6, 2023 Author Moderators Share Posted December 6, 2023 Quote Ochy facing laundering trial in Costa Rica will face deferred extradition David Ochy Posted 05/12/2023 Panama’s Attorney, General Javier Caraballo, confirmed David Ochy's arrest and indicated that he will be subjected to a "deferred" extradition process since he must first answer for money laundering crimes that he is accused of in Costa Rica. He added that the extradition was requested by the Second Criminal Cases Court for his involvement in the New Business case, on October 6, through the Foreign Ministry's International Affairs Directorate. The court had previously declared him in absentia. The prosecutor highlighted that the arrest of Ochy, as well as that of drug trafficker Dangelo Dayan Ramírez in Cali, Colombia, on November 22, "is a sign that international collaboration is an effective tool in the fight against organized crime." The Attorney General of Costa Rica, Carlo Díaz, confirmed in a press conference what Caraballo already said about an eventual extradition to Panama. “We must conclude our criminal process and we could extradite him until after the execution. It will not be until Costa Rica finishes its criminal process,” Díaz said. Caraballo indicated that the case that Costa Rica opened against Ochy for alleged money laundering has as a precedent crime committed in Panama. Ochy must be prosecuted for the New Business case, a process by which former president Ricardo Martinelli and his brother Daniel Ochy were already sentenced for money laundering, last July, to 128 and 96 months in prison, respectively, by criminal judge Baloisa Marquinez. That sentence, at first instance, was confirmed last October by the First Court of Justice. David Ochy was not tried with the rest of the defendants, because when Judge Marquínez held the trial last June, he enjoyed electoral criminal jurisdiction due to his then status as presidential candidate for Realizing Goals (RM), the party founded and chaired by Martinelli. He lost criminal jurisdiction last May. According to the Electoral Code, “ once the electoral criminal jurisdiction has been lifted within a process, it will not be necessary to request its lifting again if the voter acquires the jurisdiction again due to any other situation In that primary, Ochy was not seen campaigning and asking for votes. He ultimately lost, but, last November, RM nominated him as a substitute deputy to the Central American Parliament (Parlacen). The prosecution accuses David Ochy because through Transcaribe Trading Corporation (TCT) (the company that in August 2012 blocked the facilities of La Prensa and Mi Diario to prevent the circulation of the newspapers) he transferred funds to the basket account of New Business Services Ltd., which advanced that the State had given in exchange for remodeling the Arraiján-La Chorrera highway. That money was used to acquire the shares of Editora Panamá América, SA (Epasa), in December 2010, when Martinelli was governor. The trial proved that Martinelli is the beneficiary of 60% of Epasa's shares. The Second Settlement Court for Criminal Cases has yet to hold Ochy's trial. A date has not yet been set. With information from the EFE agency https://www.newsroompanama.com/news/ochy-facing-laundering-trial-in-costa-rica-will-face-deferred-extradition Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted December 6, 2023 Author Moderators Share Posted December 6, 2023 Quote "New Business” fugitive arrested in Costa Rica Posted 05/12/2023 Panamanian fugitive David Ochy was arrested in Costa Rica in a police operation carried out in the early hours of Tuesday, Ochy is wanted in criminal proceedings for alleged money laundering in Panama - “where he remains a fugitive” - and in Costa Rica. In Panama, the news was first reported by TVN, a local television station that has an agreement with the Costa Rican network. Ochy was to be prosecuted for the New Business case, a process by which former president Ricardo Martinelli and his brother Daniel Ochy were already sentenced for money laundering, last July, to 128 and 96 months in prison, respectively, by criminal judge Baloisa. Marquinez. That sentence was confirmed last October by the First Court of Justice. David Ochy was not tried with the rest of the defendants, because when Juage Marquínez held the trial last June, he was a presidential candidate for Realizing Goals (RM), the party founded and chaired by Martinelli. In that primary, Ochy was not seen campaigning and asking for votes. He ultimately lost, but then, last November, RM nominated him as a substitute deputy to the Central American Parliament (Parlacen). The prosecution accuses David Ochy because through Transcaribe Trading Corporation (TCT) (the company that in August 2012 blocked the facilities of La Prensa and Mi Diario to prevent the circulation of the newspapers) he transferred funds to the basket account of New Business Services Ltd., which were advances that the State had given in exchange for remodeling the Arraiján-La Chorrera highway. That money was used to acquire the shares of Editora Panamá América, SA (Epasa), in December 2010, when Martinelli was governor. The trial proved that Martinelli is the beneficiary of 60% of Epasa's shares. https://www.newsroompanama.com/news/new-business-fugitive-arrested-in-costa-rica Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted December 13, 2023 Author Moderators Share Posted December 13, 2023 Quote Martinelli’s appeal against laundering sentence heads to Supreme Court Posted 11/12/2023 The Superior Court for Settlement of Criminal Cases has sent to the Second Criminal Chamber of the Supreme Court the appeal presented by former president Ricardo Martinelli against the ruling in the New Business case. This is an appeal presented by Martinelli Daniel Ochy, Janeth Vásquez, Iván Arrocha Chevalier, and Valentín Martínez; after the magistrates of the Liquidation Court confirmed the conviction for the crime of money laundering, through the ruling of October 24, 2023. Now it will be up to the Criminal Chamber to resolve the issue of the former president and the other four people. The Chamber comprises judges María Eugenia López, Maribel Cornejo, and Ariadne García. Martinelli was sentenced to 128 months in prison for the New Business case last July. Since then, he has introduced the resources allowed by the Law to annul Judge Baloisa Marquínez's decision. The edict indicates that "the announced and formalized appeals of the lawyers Luis Eduardo Camacho (son) and Carlos Carrillo, private defenders of Ricardo Martinelli, and another group of defendants are granted with suspensive effect." This investigation began in 2017, when the Public Ministry became aware of the alleged commission of a crime against the economic order in the form of money laundering, related to the purchase of a social media outlet. https://www.newsroompanama.com/news/martinellis-appeal-against-laundering-sentence-heads-to-supreme-court Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted December 13, 2023 Author Moderators Share Posted December 13, 2023 Quote Martinelli’s presidency bid and avoiding jail is on a knife edge News Posted 12/12/2023 On December 5, the Superior Court for Settlement of Criminal Cases received an extraordinary appeal from the defense of Ricardo Martinelli, who is trying to overthrow the case of money laundering in the purchase of Epasa. The criminal appeal prepared by jurist Carlos Carrillo, in favor of former president Ricardo Martinelli, points out 29 alleged reasons why the former president's conviction should be “married”, that is, revoked, and the politician should therefore be acquitted by the Second Criminal Chamber of the Supreme Court of Justice. The extraordinary appeal, 50 pages long, was presented on December 5 to the Superior Court for the Settlement of Criminal Cases. The document is compact and its wording is clear. The main protagonist of this resource is a procedural notion called “healthy criticism.” This term essentially means the reasoned opinion of the judge hearing a case. This is in contrast to the old system of the so-called “legal rate” by which the evidence of a process was valued according to immutable, fixed, and pre-established criteria. Argument structure The narrative that is sought to be constructed in this appeal is that there were 19 occasions in which alleged “errors of law” were committed when evaluating testimonies, expert opinions, and a bank check. According to this story, Martinelli was convicted because sound criticism was incorrectly applied, giving the wrong evidentiary value to a multiplicity of testimonies, to the expert opinion of Deputy Commissioner Eliseo Ábrego, or to the weighting of a multimillion-dollar corporate check from the former president himself. The testimonies harmful to the politician's cause were pointed out as inadequately valued by the rules of healthy criticism. These alleged errors of law led, according to the narrative, to Martinelli’s conviction. Among the 19 reasons are included the testimonies of the two protected witnesses, the expert opinion of Deputy Commissioner Eliseo Ábrego and a multiplicity of witnesses that include: Ricardo Chanis; Felipe Alejandro Virzi López; Nicolás Iván Corcione Pérez Balladares; Aaron Ramón Mizrachi Malca; Ramón Carretero Napolitano; Henry Moisés Mizrachi; Gabriel Betesh; Mike Betesh and Danny David Cohen, whose testimonies, according to the appeal, received the value of “full evidence,” but this, according to Carrillo, should not have been because the rules of sound criticism were violated. On the other hand, some testimonies, such as those of Francisco Arias Vallarino and Francisco Arias Galindo, were not given the same treatment and that is why the appeal indicates this was also a violation of sound criticism. The second group of motivations for the appeal are the so-called “factual errors” and these refer to 10 testimonial and expert evidence that is favorable to Martinelli, and which it is stated were not properly considered. These include the following testimonies: Ricardo Franccolini; Valentín Martínez; Henry Moisés Mizrachi; Moussa Levy and the expert Aníbal Guerrero Urriola. According to the appeal, this evidence in favor of the former president was not adequately considered, since if it had been the case he would not have been convicted. Contradictions Although it is usual for the same witness or expert to be used as a basis for more than one reason for an error of law or error of fact in an appeal, it is not usual for there to be contradictions between what is stated in favor of one or the other. Thus on page 20, when referring to the testimony of Gabriel Betesh, it is noted: "... since he was criminally linked to himself and to his brother Mike Betesh...". To be linked to a crime it is necessary to assume that what is declared is true, so the concern about this detail is striking, given that there was a collaboration agreement that protected these brothers. Another contradiction occurs on page 46 when referring to the defense expert Aníbal Guerrero Urriola, it is pointed out: “... that there was no record, stock book or shareholder minutes of the company Editora Panamá América SA (Epasa) and of Tpahc Inc. SA since they had not been delivered to the aforementioned companies.” This is stated as a favorable argument when on page 9 the deputy commissioner expert Eliseo Ábrego was questioned when it was stated that his expert opinion had deficiencies because the official said: “... not having examined a single accounting or accounting record. Editora Panamá América SA,, nor Tpahc Inc. SA…”. That is to say, if the expert Ábrego had wanted to examine said books, that would not have been possible because they were not in the possession of the companies. On Monday, it was reported that the Superior Court for Settlement of Criminal Cases sent this appeal to the Second Chamber of the Supreme Court of Justice. There, judges Maribel Cornejo Batista, Ariadne García, and María Eugenia López Arias will have the task of studying and analyzing this resource. The judges could well decide to admit it, and therefore the New Business case regarding Martinelli would be prolonged beyond the elections of May 5, 2024. However, if the decision of these judges is no If this appeal is admitted, the ruling of the Superior Court for the Settlement of Criminal Cases of October 24, would become enforceable concerning the former president: 128 months in prison and a fine of $19 million would also lead to disqualification from being a presidential candidate. https://www.newsroompanama.com/news/martinellis-presidency-bid-and-avoiding-jail-is-on-a-knife-edge Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted December 20, 2023 Author Moderators Share Posted December 20, 2023 Quote Martinelli loses another round in New Business case Posted 19/12/2023 Former President Ricardo Martinelli has lost another round in the New Business case. His legal defense team had presented a protection of constitutional guarantees before the First Superior Court of Justice against an action in the trial by the second liquidating judge Baloisa Marquínez. In the ruling of December 12, it is indicated that Martinelli's legal action was not admitted. Martinelli stated that in the trial of the New Business case, on May 23, the liquidating judge, Baloisa Marquínez, did not grant the postponement of the hearing even though his legal defense argued a medical issue for which they considered that his rights were violated. constitutional guarantees. However; Judges Guimara Aparicio Ortega (rapporteur), Antonio Guerrero, and Lilianne Ducruet argued that the procedural action questioned (by Martinelli's legal defense) maintains inconsistencies. As indicated in the ruling, Martinelli's defense shows as a contested element the ruling of July 17, 2023, in the first instance of the Second Liquidator Court where the sentence of 128 months was given to Martinelli. For the magistrates, this is inconsistent since said ruling does not resolve the request to postpone the ordinary hearing. Martinelli's defense also presented as an argumentative element the ruling of the Superior Liquidation Court confirming the sentence to the former president, however, the Court's magistrates indicated inconsistency given that this resolution did not decide the act questioned by Martinelli's legal defense. On December 11, 2023, the Superior Liquidation Court ordered the appeal filed by Martinelli and the other four people sentenced for money laundering in the New Business case to be forwarded. The Second Criminal Chamber of the Supreme Court of Justice is responsible for resolving the aforementioned appeal that seeks to revoke the conviction. https://www.newsroompanama.com/news/martinelli-loses-another-round-in-new-business-case Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted December 22, 2023 Author Moderators Share Posted December 22, 2023 Quote Panama requests extradition of laundering suspect from Costa Rica Posted 21/12/2023 Panama, through the Foreign Ministry, formalized with the Costa Rican authorities on December 13 the request for the extradition of David Ochy, accused of money laundering in the New Business case. Sources from the Foreign Ministry and the Judicial Branch confirmed that Panama complied with this formality before the 60 days conferred by the Law. Now the Costa Rican authorities must evaluate the request made by Panama. Ochy has been detained in Costa Rica since December 5 due to the extradition request made by the Second Liquidation Court of Criminal Cases. Ochy is called to trial for his alleged participation in a money laundering scheme for the purchase, by former president Ricardo Martinelli, of Editora Panamá América (Epasa). The Specialized Prosecutor's Office against Organized Crime attributes to Ochy having received through his company Transcaribe Trading an advance for the widening and construction of the Arraiján -La Chorrera Highway which later went to the New Business basket account for the purchase of Epasa. Judge Baloisa Marquínez in charge of the New Business case asked the Foreign Ministry to arrange the extradition of David Ochy. An electoral administrative court lifted Ochy to electoral jurisdiction, which in theory should facilitate his non -non-appearance in the process, but because he moved to Costa Rica, where he was arrested for allegedly having committed crimes in that country. https://www.newsroompanama.com/news/panama-requests-extradition-of-laundering-suspect-from-costa-rica Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted December 23, 2023 Author Moderators Share Posted December 23, 2023 Quote Court rejects fifth protection for ex- president Martinelli Ricardo Martinelli Posted 22/12/2023 Former President Ricardo Martinelli suffered a fifth legal setback after the First Superior Court of Justice did not admit him the protection of constitutional guarantees in the New Business case. The appeal was presented by the former president's team of lawyers, against decisions adopted by criminal judge Baloisa Marquínez during the New Business case trial. For this process, Martinelli was sentenced to 128 months in prison and paid a fine of $19.2 million for money laundering. On this occasion, the Amparo presented by Martinelli alleges that Judge Marquínez violated her constitutional guarantees by not allowing his lawyers to interrogate the protected witnesses identified with the numbers N-Fecdo-01-2020 and N-Fecdo-10-2020, during the trial held between May 23 and June 2, 2023. The ruling, endorsed by judges Lilianne M. Ducruet, Miguel Espino and Juan Carlos Tatis , did not admit the appeal presented by lawyer Lisbeth Querube Remis , representing the former president, and confirmed a decision of the Superior Court for the Settlement of Criminal Cases (which had already agreed with Judge Marquínez) on October 24. The Superior Court for the Settlement of Criminal Cases, headed by judges José Hoo Justiniani, Manuel Mata Avendaño, and Eyda Amarilis Juárez, rejected an incident of annulment presented by Martinelli, in which he asked to annul the entire process for this reason. On that occasion, the judges of the Superior Court of Liquidation argued that the failure to appear at the trial of both protected witnesses “did not in any way represent the defenselessness of the parties nor did it compromise the right of material and technical defense, to the point of affecting the due process". This is the fifth protection of guarantees that both the First Court and the Supreme Court have rejected for the former president in the New Business case, in which the use of public funds to acquire the shares of Editora Panamá América, SA (Epasa) was proven. ), in December 2010. Martinelli is the beneficiary of 60% of Epasa's shares. Judge Marquínez ordered the confiscation of said actions. The remaining 40% is already in the power of the State. The former president also filed an appeal before the Criminal Chamber of the Court, in which he alleges alleged inconsistency in the ruling (already ratified in two instances) that convicted him and four other people for the crime of money laundering. The cassation is in the hands of Judge Ariadne García, who must decide whether to admit it or not. https://www.newsroompanama.com/news/court-rejects-fifth-protection-for-ex-president-martinelli Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted December 27, 2023 Author Moderators Share Posted December 27, 2023 Quote Martinelli’s frantic efforts to avoid serving jail sentence Posted 27/12/2023 This time it was Ariadne García, judge of the Criminal Chamber of the Supreme Court of Justice , rapporteur of the appeal presented by Ricardo Martinelli's defense, against the sentence of 128 months in prison for the New Business case. Accounts on social networks, loyal to the Republic's former president, direct their darts at the magistrate. “The whole country is watching her. Her actions will let the country, her family, and her friends know whether or not she is a correct official reads in one of the publications. The strategy of putting pressure on prosecutors, judges and magistrates is not new. It has been one of the main tactics that Martinelli has implemented to avoid any type of criminal responsibility related to his investigations. In most cases, the pressure passes to the courts, a move that civil society calls “judicial harassment.” Many of these lawsuits have been dismissed. The list is long. Here we present some examples writes La Prensa. On November 21, 2019, Martinelli went to the National Assembly with his team of lawyers to sue the then judges of the Court, Jerónimo Mejía and Harry Díaz, who acted as guarantee judge and prosecutor in the case of the punctures case . respectively. He accused them of abuse of authority and demanded $5 million each as compensation for alleged damage to his honor. Months later, on June 4, 2020, his lawyers sued Díaz before the Public Ministry. By then Díaz had finished his term on the Court. Martinelli accused him of having caused him damages due to his actions as prosecutor in the puncture case. He demanded $10 million. On June 9 of that year, Martinelli returned to the Public Ministry along with his lawyers Alma Cortés and Alejandro Pérez. This time he again denounced Mejía, who had already concluded his term in Court. He accused him of the alleged commission of the crimes of abuse of authority and infringement of the duties of a public servant, in the puncture case. The next on the list was Kenia Porcell, during whose period in the Attorney General's Office (January 1, 2015 to December 31, 2019) the first complaints against the former president were received for his alleged connection with conduct classified in the Penal Code . One of the legal actions against Porcell was filed on July 7, 2020. She accused Porcell of having injured her honor due to an interview that Porcell gave in 2019 in her capacity as attorney. That lawsuit generated a civil seizure for up to $144,000. At that time, Martinelli and his lawyers gave no respite. In July 2020, they filed six legal actions (complaints, challenges, warnings of unconstitutionality and complaints) against the then anti-corruption prosecutor Tania Sterling, who investigated him for alleged money laundering in the Odebrecht case. With the complaints, he claimed $10 million for alleged “moral, psychological, commercial, business, social, family and political damage.” The presiding judge of the Court, María Eugenia López, has not escaped harassment either. On April 7, 2023, her lawyer, Alejandro Pérez, reported her to the Assembly for the alleged commission of crimes against the administration of justice and against public servants to alter the hearing calendar and set the trial date for Martinelli in the puncture case, to accelerate procedural phases and ignore stages of the judicial procedures. Between April and July 2023, former President Martinelli's team of lawyers presented several appeals to separate Judge Baloisa Marquínez from the New Business case. In April of this year she was challenged for not admitting a series of evidence that they intended to use in the trial. On May 23, 2023, the first day of the New Business trial, lawyer Oliver Quiel Miranda appeared as Martinelli's lawyer and immediately filed an annulment motion and challenged Marquínez, after alleging that they had been a couple 17 years ago. Quiel alleged that the issue compromised the impartiality of the case. On June 8, 2023, lawyer Roniel Ortiz denounced the specialized prosecutor against organized crime, Emeldo Márquez in charge of the New Business case, for the alleged commission of the crimes of falsehood and illicit association to commit a crime. The complaint filed by Ortiz alleged that Márquez and Marquínez allowed one of the protected witnesses in the New Business case to travel abroad in 2020, despite supposedly having a precautionary measure preventing him from leaving the country. On June 9, 2023, lawyer Alfredo Vallarino denounced her before the Court of Integrity and Transparency of the Court, alleging that he did not allow the interrogation of the protected witnesses in the New Business case. Days later, on July 19, 2023, lawyer Alejandro Pérez, representing Martinelli, went to the Public Ministry to denounce Marquínez for the alleged violation of the specialty principle established in the extradition treaty signed between Panama and the United States. December 11, the former president's lawyers denounced the judge of the Superior Court of Liquidations, Manuel Mata Avendaño, because he did not admit an appeal against the conviction imposed in the first instance by New Business. The complaint against Mata Avendaño is based on an alleged alteration of public documents, due to the absence of some pages of the file delivered to the defense in a digital memory. https://www.newsroompanama.com/news/martinellis-frantic-efforts-to-avoid-serving-jail-sentence-1 Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted December 28, 2023 Author Moderators Share Posted December 28, 2023 Quote Martinelli targets judges to avoid serving jail sentence Posted 27/12/2023 This time it was Ariadne García, judge of the Criminal Chamber of the Supreme Court of Justice , rapporteur of the appeal presented by Ricardo Martinelli's defense, against the sentence of 128 months in prison for the New Business case. Accounts on social networks, loyal to the Republic's former president, direct their darts at the magistrate. “The whole country is watching her. Her actions will let the country, her family, and her friends know whether or not she is a correct official reads in one of the publications. The strategy of putting pressure on prosecutors, judges and magistrates is not new. It has been one of the main tactics that Martinelli has implemented to avoid any type of criminal responsibility related to his investigations. In most cases, the pressure passes to the courts, a move that civil society calls “judicial harassment.” Many of these lawsuits have been dismissed. The list is long. Here we present some examples writes La Prensa. On November 21, 2019, Martinelli went to the National Assembly with his team of lawyers to sue the then judges of the Court, Jerónimo Mejía and Harry Díaz, who acted as guarantee judge and prosecutor in the case of the punctures case . respectively. He accused them of abuse of authority and demanded $5 million each as compensation for alleged damage to his honor. Months later, on June 4, 2020, his lawyers sued Díaz before the Public Ministry. By then Díaz had finished his term on the Court. Martinelli accused him of having caused him damages due to his actions as prosecutor in the puncture case. He demanded $10 million. On June 9 of that year, Martinelli returned to the Public Ministry along with his lawyers Alma Cortés and Alejandro Pérez. This time he again denounced Mejía, who had already concluded his term in Court. He accused him of the alleged commission of the crimes of abuse of authority and infringement of the duties of a public servant, in the puncture case. The next on the list was Kenia Porcell, during whose period in the Attorney General's Office (January 1, 2015 to December 31, 2019) the first complaints against the former president were received for his alleged connection with conduct classified in the Penal Code . One of the legal actions against Porcell was filed on July 7, 2020. She accused Porcell of having injured her honor due to an interview that Porcell gave in 2019 in her capacity as attorney. That lawsuit generated a civil seizure for up to $144,000. At that time, Martinelli and his lawyers gave no respite. In July 2020, they filed six legal actions (complaints, challenges, warnings of unconstitutionality and complaints) against the then anti-corruption prosecutor Tania Sterling, who investigated him for alleged money laundering in the Odebrecht case. With the complaints, he claimed $10 million for alleged “moral, psychological, commercial, business, social, family and political damage.” The presiding judge of the Court, María Eugenia López, has not escaped harassment either. On April 7, 2023, her lawyer, Alejandro Pérez, reported her to the Assembly for the alleged commission of crimes against the administration of justice and against public servants to alter the hearing calendar and set the trial date for Martinelli in the puncture case, to accelerate procedural phases and ignore stages of the judicial procedures. Between April and July 2023, former President Martinelli's team of lawyers presented several appeals to separate Judge Baloisa Marquínez from the New Business case. In April of this year she was challenged for not admitting a series of evidence that they intended to use in the trial. On May 23, 2023, the first day of the New Business trial, lawyer Oliver Quiel Miranda appeared as Martinelli's lawyer and immediately filed an annulment motion and challenged Marquínez, after alleging that they had been a couple 17 years ago. Quiel alleged that the issue compromised the impartiality of the case. On June 8, 2023, lawyer Roniel Ortiz denounced the specialized prosecutor against organized crime, Emeldo Márquez in charge of the New Business case, for the alleged commission of the crimes of falsehood and illicit association to commit a crime. The complaint filed by Ortiz alleged that Márquez and Marquínez allowed one of the protected witnesses in the New Business case to travel abroad in 2020, despite supposedly having a precautionary measure preventing him from leaving the country. On June 9, 2023, lawyer Alfredo Vallarino denounced her before the Court of Integrity and Transparency of the Court, alleging that he did not allow the interrogation of the protected witnesses in the New Business case. Days later, on July 19, 2023, lawyer Alejandro Pérez, representing Martinelli, went to the Public Ministry to denounce Marquínez for the alleged violation of the specialty principle established in the extradition treaty signed between Panama and the United States. December 11, the former president's lawyers denounced the judge of the Superior Court of Liquidations, Manuel Mata Avendaño, because he did not admit an appeal against the conviction imposed in the first instance by New Business. The complaint against Mata Avendaño is based on an alleged alteration of public documents, due to the absence of some pages of the file delivered to the defense in a digital memory. https://www.newsroompanama.com/news/martinelli-targets-judges-to-avoid-serving-jail-sentence-1 Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted January 10 Author Moderators Share Posted January 10 Quote Court rejects Martinelli's 7th attempt to avoid jail Posted 09/01/2024 Former president Ricardo Martinelli sentenced to 10 years and eight months in prison for money laundering in the New Business case has lost the seventh round in his fight to stay out of jail. The Superior Court for Settlement of Criminal Cases of the First Judicial District of Panama rejected as inadmissible the request for clarification presented by one of the former president's lawyers. The request for clarification was presented by the Cordobés lawyer Jean Pierre Miranda on December 21, 2023, against the second instance order number 109 of December 11, 2023, issued by this court in the case followed against Martinelli, Daniel Miguel Ochy, and others. According to the collegiate court, made up of judges Manuel Mata Avendaño, José Hoo Justiniani, and Eyda Amarilis Juárez R., the formalization of the appeals presented by the lawyers meet the requirements demanded by law, by articles 1001, 2430, and 2436 of the Judicial Code. Given all of the above, the Superior Court for Settlement of Criminal Cases ordered that the present criminal case be elevated to the Second Criminal Chamber of the Supreme Court of Justice, for what is legally appropriate about the second sentence No. ° 43 of October 24, 2023, issued by this court of second instance, which decided to confirm mixed sentence No. 02 of July 17, 2023, issued by the Second Liquidation Court of Criminal Cases of the First Judicial Circuit of Panama. The Superior Court for Settlement of Criminal Cases, in a ruling issued this October 24, confirmed the sentence against the President of the Republic, Ricardo Martinelli Berrocal, for the well-known New Business case, issued by the Second Liquidation Court of criminal cases on July 17. In that ruling, Martinelli, who is currently a candidate for the Presidency of the Realizing Goals Party (RM), was sentenced to 128 months in prison (10 years and eight months) for money laundering in the case known as New Business, a basket company used to collect funds from state contracts handled irregularly for the purchase of a publishing group. https://www.newsroompanama.com/news/court-rejects-martinellis-7th-attempt-to-avoid-jail Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted January 12 Author Moderators Share Posted January 12 Quote Ex- president’s latest bid to dodge jail sentence Posted 11/01/2024 Former president Ricardo Martinelli convicted in two instances of money laundering, has filed a warning of unconstitutionality against an article of the Judicial Code. that specifies the requirements necessary to annul a sentence. The warning was presented on January 8 by lawyer Carlos Carrillo on behalf of Martinelli, although it has not yet been admitted. Judge Miriam Cheng will make the corresponding decision. The appeal is added to the chain of legal actions that Martinelli has filed in different instances, to prevent the execution of the sentence of 128 months in prison and the payment of a fine of $19.2 million, for laundering public funds to acquire the shares. of Editora Panamá América, SA (Epasa) , in December 2010, in the so-called New Business case . The sentence was handed down last July by criminal judge Baloisa Marquínez and ratified by the Superior Court for the Settlement of Criminal Cases. Information in development... https://www.newsroompanama.com/news/ex-presidents-latest-bid-to-dodge-jail-sentence Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted January 18 Author Moderators Share Posted January 18 Quote Supreme Court rejects Martinelli’s 8th attempt to void jail sentence Posted 17/01/2024 Panama’s Supreme Court has rejected yet another protection of constitutional guarantees from former President Ricardo Martinelli in the New Business case. On this occasion, it was an appeal against the second instance sentence issued by the Superior Court for the Settlement of Criminal Cases, which upheld his sentence of 128 months in prison. It is the eighth protection that the Court and the First Court of Justice have rejected to Martinelli's lawyers, either against decisions made by Judge Baloisa Marquínez or against the magistrates of the Superior Court of Liquidations. The ruling, was presented by Judge María Cristina Chen Stanziola and made public with edict No. 55 posted in the Court's secretariat on Wednesday afternoon, notifying the parties of the decision made by the judges that make up the Plenary Session. The Amparo presented by Carlos Carrillo, from Martinelli's team of lawyers, sought for the Court to annul the ruling issued by the Superior Settlement Court on October 24. On that occasion, judges José Hoo Justiniani, Manuel Mata Avendaño, and Eyda Amarilis Juárez confirmed the conviction against Martinelli, Daniel Ochy, Janeth Vásquez, Valentín Martínez Vásquez and Iván Arturo Arrocha. The Court also rejected the protection of guarantees against this resolution presented by Iván Arturo Arrocha, notified yesterday. Martinelli's defense also filed an appeal and a warning of unconstitutionality. Both are in process. https://www.newsroompanama.com/news/supreme-court-rejects-martinellis-8th-attempt-to-void-jail-sentence Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted January 25 Author Moderators Share Posted January 25 Quote Supreme Court rejects Martinelli recusal ploy Posted 24/01/2024 The Criminal Chamber of the Supreme Court of (CSJ) rejected as inadmissible the recusal incident presented by the defense lawyer of former president Ricardo Martinelli against the presiding judge María Eugenia López Arias. The incident of recusal was presented by attorney, Carlos Carrillo, against López Arias within the process followed by his client. The edict is dated January 23 and indicates that the ncident is inappropriate. The incident against López Arias was filed within the extraordinary appeal of cassation because she is a member The decision of the Criminal Chamber was known on the same day that the former president presented a complaint in the National Assembly against what he describes as manipulation and arbitrariness in the Panamanian judicial system. Martinelli, who faces a cassation case, accuses López Arias of acting in a biased manner and leaking draft rulings to the media. On the morning of January 24, Martinelli expressed his concern about the alleged influence of López Arias in his case, stating that "she wants the cassation case to be done her way." The request for recusal against López, argued that the judge had an enmity with his client and, therefore, could not participate in the discussion of the appeal that was filed. presented to prevent the sentence imposed on the former president from becoming final for laundering public funds that were used to acquire the shares of Editora Panamá América, SA (Epasa) , in December 2010. A sentence of 128 months in prison and a fine of $19.2 million, was handed down last July by criminal judge Baloisa Marquínez and ratified in October by the Superior Court for the Settlement of Criminal Cases. https://www.newsroompanama.com/news/supreme-court-rejects-martinelli-recusal-ploy-1 Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted January 26 Author Moderators Share Posted January 26 Quote Martinelli seeks to oust Supreme Court president Martinelli arriving at the Narional Assembly. Posted 25/01/2024 Former president Ricardo Martinelli filed a criminal complaint in the National Assembly on Wednesday to remove the president of the Supreme Court María Eugenia López Arias from her position as a judge. The move comes in the midst of growing judicial tensions, at the same time the Criminal Chamber of the Supreme Court rejected as inadmissible the recusal incident presented by Martinelli's defense lawyer against the same judge. The appeal sought to reverse the decision of the Superior Liquidation Court of October 24, which confirmed the conviction of the former president for money laundering in the New Business case, which was issued last July by the Second Liquidation Court of criminal cases. The New Business case refers to the basket company that was used to collect funds from state contracts handled irregularly for the purchase of the Epasa publishing group. Along with Martinelli, four other people were also convicted and received sentences of between 60 and 96 months in prison, for concealing illicit money coming from State funds. https://www.newsroompanama.com/news/martinelli-seeks-to-oust-supreme-court-president Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted January 27 Author Moderators Share Posted January 27 Quote Court rejects Second challenge against New Business judge Posted 26/01/2024 The Second Criminal Chamber of the Supreme Court of Justice rejected as inadmissible a second challenge against Judge María Eugenia López Arias in the New Business case. The legal action had been filed by the defense of Iván Arrocha Chevalier, one of those convicted of money laundering in this process. With the decision, Judge López has the green light to be part of the Criminal Chamber that would be in charge of resolving the appeal presented by each of the five convicted in the case. This week the Criminal Chamber also rejected as inadmissible another challenge against Judge López that had been presented by former President Ricardo Martinelli who sought to remove the judge from the process. The other people convicted are Janeth Vásquez, Valentín Martínez Vásquez and Daniel Ochy. https://www.newsroompanama.com/news/court-rejects-second-challenge-against-new-business-judge Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted January 27 Author Moderators Share Posted January 27 Quote Martinelli’s jail sentence stalled by a judge’s inaction Posted 26/01/2024 The process to decide what to do with the unconstitutionality warning that former President Ricardo Martinelli presented against an article of the Judicial Code has not been able to advance, because a draft ruling prepared by Judge Miriam Cheng has been stuck, for five days, in the office of magistrate Cecilio Cedalise reports La Prensa. Martinelli requested the declaration of unconstitutionality of an article of the Judicial Code that refers to the necessary requirements to annul a sentence. This action is part of the chain of appeals, warnings and protections presented by Martinelli to prevent the sentence handed down against him for money laundering in the so-called New Business case from becoming final . The sentence, of 128 months in prison and a fine of $19.2 million, was handed down last July by criminal judge Baloisa Marquínez and ratified in October by the Superior Court for the Settlement of Criminal Cases. The draft ruling prepared by Cheng, in which she must decide whether or not to admit the warning of unconstitutionality presented by Carlos Carrillo, Martinelli's lawyer, has already been signed by the other seven judges. Only Cedalise's signature is pending. The Criminal Chamber of the Supreme Court must still decide on an appeal filed by Martinelli against the sentence imposed on him for the New Business case. Judge Ariadne García is the speaker. https://www.newsroompanama.com/news/martinellis-jail-sentence-stalled-by-a-judges-inaction Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted January 27 Author Moderators Share Posted January 27 Quote Court rejects Martinelli’s 10th New Business appeal Posted 26/01/2024 A tenth appeal related to the New Business case has been denied former president Ricardo Martinelli. This time it is a protection of constitutional guarantees that the Plenary Session of the Supreme Court of Justice did not admit. The information appears in edict 89 of January 25, 2024, where the reporting magistrate was Olmedo Arrocha. Judges María Chen Stanziola, Miriam Chen, Maribel Cornejo, María Eugenia López, and Angela Russo also participated (with a saved vote. Judges Carlos Alberto Vásquez and Juan Castillo Canto also participated. Martinelli was sentenced to 128 months in prison for f money laundering. The others convicted of money laundering in the New Business case are Janeth Vásquez, Valentín Martínez Vásquez, Daniel Ochy and Iván Arrocha Chevalier. This group of people presented the appeal before the Second Criminal Chamber, saying that they sought to reverse the sentence's meaning. https://www.newsroompanama.com/news/court-rejects-martinellis-10th-new-business-appeal-1 Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted January 31 Author Moderators Share Posted January 31 Quote Dilatory judge slows New Business case progress Posted 29/01/2024 Judge Cecilio Cedalise does not seem to be in any hurry to carry out the conviction in the New Business case reports La Prensa. His signature is the only one missing to decide whether or not to admit the warning of unconstitutionality that Ricardo Martinelli presented against an article of the Judicial Code. The draft ruling, which Judge Miriam Cheng prepared, already has the signatures of eight judges. Only Cedalise's is pending. But Cedalise does not seem to be very eager: this Monday, January 29, he traveled to the province of Colón, to attend the inauguration of the offices of the municipal authority of Portobelo. A press release from the Public Ministry confirmed that Cedalise was accompanied by the Attorney General, Javier Caraballo. Both unveiled the plaque of the new judicial office. A purely protocol act. Martinelli's lawyers filed a claim of unconstitutionality against article 2439 of the Judicial Code, which deals with the requirements for the admission of cassation appeals. They also filed an appeal against the sentence of 128 months in prison and a fine of $19.2 million against Martinelli, for laundering public funds to acquire the shares of Editora Panamá América, SA (Epasa) , in December 2010. The sentence It was issued last July by criminal judge Baloisa Marquínez and ratified in October by the Superior Court for the Settlement of Criminal Cases. The Criminal Chamber has not decided on the appeal, since this requires that the plenary session of the Supreme Court first resolve the warning of unconstitutionality. Last October, Cedalise admitted an Amparo of constitutional guarantees presented by Vernon Salazar, another of the defendants in the New Business case. This protection is due to the decision of the Superior Court for the Settlement of Criminal Cases to admit an appeal by the prosecution against the acquittal of Salazar and nine other defendants. https://www.newsroompanama.com/news/dilatory-judge-slows-new-business-case-progress Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted January 31 Author Moderators Share Posted January 31 Quote Rope shortens as Court Rejects latest Martinelli Gambit Posted 30/01/2024 Panama’s Supreme Court denied the warning of unconstitutionality that former president Ricardo Martinelli, convicted in two instances of money laundering, presented against an article of the Judicial Code. The decision, although adopted on January 22, was known as published Edict 96. Magistrate Cecilio Cedalise saved the vote. The rest of the plenary session supported the non-admission of the appeal, in the ruling prepared by the speaker Miriam Cheng. The warning of unconstitutionality was presented on January 8 by lawyer Carlos Carrillo on behalf of Martinelli. Specifically, the warning was directed against the last paragraph of article 2439 of the Judicial Code, on the requirements for the admission of appeals. The text describes what these requirements are and, in the end, states: “ When the requirements mentioned above do not meet, the Court will simply deny the admission of the appeal .” Martinelli, who on Tuesday participated in a forum organized by TVN, said that he “had no idea” that the Court had rejected his warning. “They deny me everything,” he remarked. With him was José Raúl Mulino, the candidate for vice president of the Republic of the Realizing Goals (RM) party, in the elections on May 5. If Martinelli is disqualified, Mulino would remain as RM's presidential candidate. This appeal is added to the chain of legal actions that Martinelli has filed to prevent the execution of the sentence of 128 months in prison and the payment of a fine of $19.2 million, for laundering public funds to acquire the shares. by Editora Panamá América, SA (Epasa), in December 2010, in the so-called New Business case. The sentence was handed down last July by criminal judge Baloisa Marquínez and ratified by the Superior Court for the Settlement of Criminal Cases. The sentence also includes the delivery of 60% of the shares of Epasa, whose beneficiary is Martinelli. The remaining 40% is already in the power of the State. Until now, all of the appeals have been denied or inadmissible. https://www.newsroompanama.com/news/rope-shortens-as-court-rejects-latest-martinelli-gambit Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted January 31 Author Moderators Share Posted January 31 Quote Martinelli responds to judge’s abuse of courts comments Posted 30/01/2024 Former president Ricardo Martinelli said that his representatives have the power to present the resources protected by the law and the Constitution, in response to the recent statements of the presiding judge of the Supreme Court María Eugenia López, on lawyers who abuse when presenting appeals. The words of the former president, who is also a presidential candidate, were given upon his arrival at the Roundtable of Journalists. “Whatever the law says will be presented,” he stressed. So far, more than 10 appeals filed by Martinelli in the New Business case have been rejected. At the time, the presiding judge of the Court referred to the number of appeals filed by lawyers in some cases, in obvious reference to the defense of the former president. "Many times it is not understood and the question of citizens is: But why does this case take so long? It takes so long for many reasons, but a fundamental one is the abuse of the exercise of law. Exercising legitimate defense, a good defense does not mean hindering the administration of justice. I can serve my client optimally and efficiently, but for that, I do not have to abuse the exercise of law. We wear out the system," López indicated. She added that, if a lawyer repeatedly files the same appeal 15 to 20 times calling it something else, he is hindering the justice system. Furthermore, she stressed that this is unethical. Currently, the Second Criminal Chamber has to resolve an appeal to rule on whether to confirm or revoke the sentence against Martinelli and four other people in the New Business case. Judge Baloisa Marquínez, in charge of the Second Liquidation Court of Criminal Cases by the ruling of July 17, 2023, convicted Martinelli for the crime of money laundering and a sanction of 128 months in prison in the New Business case. https://www.newsroompanama.com/news/martinelli-responds-to-judges-abuse-of-courts-comments Quote Link to comment Share on other sites More sharing options...
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