PANAMA’S  Supreme Court Thursday unanimously rejected the motion filed by lawyer Rogelio Cruz, who represents ex-President Ricardo Martinelli, to remove Harry Díaz as the prosecutor in the case involving the illegal wiretaps allegedly ordered by  Martinelli.

The motion  was widely seen as a ploy to eat up the time available to the judge  handling the case  who must decide on a hearing  within 20 days.

Cruz had claimed Diaz could not be impartial in the case due to previous dealings between the two.

The plenary session was chaired by Judge Harley Mitchell due to the fact that Chief Justice José Ayú Prado and Deputy Chief Justice Luis Ramón Fábrega are out of the country.

Diaz did not participate in the vote but responded to questions from the other judges. Mitchell, Abel Zamorano, Oydén Ortega, Nelly Cedeño, and alternates Secundino Mendieta, Efrén Telló, Gabriel Fernández and Luis Mario Carrasco who all voted to dismiss the motion.

Díaz has recommended that Martinelli be called to trial in the case and suggested he serve a sentence of 21 years, the maximum allowed by law.

Judge Jerome Mejía must now decide whether or not to call a hearing in the case, which must be done within the next three weeks.

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