Way cleared for ‘ New Business’ trial of Martinelli and cohorts

Bailosa Marquinez

 
1,074Views 0Comments Posted 05/05/2023

 

The First Settlement Court for Criminal Cases cleared the way for the trial of 20 people for money laundering through the New Business company for the acquisition of Editora Panamá América (Epasa), after rejecting an incident of recusal presented by the lawyer Ernesto Mora Valentine, on behalf of Moussa Daniel Levy, one of the defendants, against the second judge liquidating criminal cases, Baloisa Marquínez.

The recusal presented by the lawyer Mora Valentine kept the execution of any judicial proceeding, in this case, paralyzed, since the recusal prevented Judge Marquínez from executing proceedings in the process.

Through auto vario No. 138 of April 26, the first judge in charge of criminal cases, Mariela Quezada, decided to dismiss the challenge filed against Marquínez, considering that it was a delaying action in the process.

Quezada argued that the arguments presented by Mora Valentine do not show that Judge Marquínez made her efforts outside of the powers that correspond to her as a judge, nor that she maintains any type of interest in the conviction of Moussa Daniel Levy.

At the same time, Judge Quezada maintains that it is understandable that disagreement occurs in the free exercise of the legal profession, but that this does not imply that a manifest enmity is automatically incurred.

Mora Valantine alleged that Judge Marquínez took actions that demonstrate her interest in obtaining a conviction for her client and that she also denied him a series of evidence that would be used in the trial, violating the principle of probation.

In addition, she assured that Judge Marquínez had compromised her objectivity as a result of the enmity towards her represented in this case.

However, Judge Marquínez in her response to the recusal incident, assured that she did not have any type of animosity against any of those investigated in this process and that the lawyers can present the pertinent resources to object or question their decisions made within this process. 

The trial for the New Business case is set for May 23 to June 5 to approve the presentation of 67 testimonial evidence, 27 expert opinions, and six expert opinions.

The  investigation began in 2017, when the Specialized Prosecutor's Office against Organized Crime revealed that the purchase of Epasa was managed through a basket company called New Business and that the money contributed came from contracts granted to various companies for the alleged execution of works of public infrastructure, during the administration of former President Ricardo Martinelli, one of the defendants