Judge Baloísa Marquínez .
The Special Anti-Corruption Prosecutor's Office asked Judge Baloísa Marquínez on Wednesday, September 28 to reject each of the incidents (of nullity, double jeopardy, prescription, lack of jurisdiction...) presented by different defense attorneys in the pleadings phase, during the preliminary hearing for the bribes paid by Odebrecht.
Prosecutor Ruth Morcillo said that there were more than 15 incidents, which have already been resolved by the court and by higher courts, for which she requested that they be dismissed.
However, she agreed to declare the double trial of the Uruguayan Maya Cikurel, sharing the opinion of her lawyer Jerónimo Mejía, insofar as these same facts and crimes were investigated in her country where the process followed was archived in 2020.
Morcillo asked the judge to reject the nullity incidents due to the alleged lack of jurisdiction to former presidents Ricardo Martinelli and Juan Carlos Varela. Both claim to be deputies of the Central American Parliament (Parlacen) and, therefore, the task of prosecuting them fell to the Supreme Court.
Morcillo, , pointed out that the judge had previously ruled on the matter.
On the principle of specialty that Martinelli claims, Morcillo recalled that "it is already an issue overcome... This court has already issued a concept", and cited three court orders and one from the Second Superior Court that supports the statement.
At 11:18 am, the judge closed the preliminary hearing and will now have up to 30 days to decide if the 49 defendants are prosecuted.