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