Judge reveals arbitrariness in the process of radars

A resolution of the fifth circuit judge criminal, Enrique Paniza, ordered the release for Alejandro Garuz and Jose Raul Mulino, a fact that sets a precedent for the future of high-profile cases that is leading the prosecution against former officials of the previous government, so consider lawyers consulted by the Panama America.

The reason is because the judge declared null, partially, the actions taken by the Third Anti-Corruption Prosecutor in the case of radar, because they were steps that were performed outside the term established by law to conduct investigations.

A tax Zuleyka Moore, in charge of this office of instruction from the September 22, 2015 will be expired term of summary, however, after that time made serious charges of crimes against public administration Mulino and Garuz and he ordered their inquiries, and then deprived of their personal freedoms.

This situation is almost all of the more than 200 records that instructs the prosecution against former officials of the previous government, which have been ranked by the procurator Kenya Porcell as "complex" cases.

Judge's ruling

For this reason the judge decides to grant Paniza Mulino, the country injunction prison and reported every 30th of each month, information from Friday last week was public knowledge.

But it was not until yesterday that information was confirmed when the lawyers and relatives of Mulino were presented to the office of judge Paniza, to be notified of the different preventive detention injunction.

The same happened with the former director of the Security Council Garuz Alejandro, whom he was decreed the precautionary measure of house arrest.

"This shows the abuses being committed by the Public Ministry", so called Jose Raul Mulino son, his departure from the Supreme Court yesterday morning Monday.

Rogelio Cruz, exprocurador and lawyer Ricardo Martinelli, for his part said that this, like other proceedings against former government officials Martinelli, are intended to file.

The reason, according to these two lawyers, is that prosecutors are acting behind the dictates of the Judicial Code.

These arguments of both counsel is acuerpado in the judge's decision Paniza, considering the performance of more than half of the accredited in the (most important) record that Moore instructed the prosecutor void.

Luis Gomez, attorney Mulino said that all investigations conducted by the Moore tax from 22 September onwards are invalid because they were out of the end.

"From the 3,997 hander was declared invalid action by the prosecutor in a case that has 800 folios," said Ramses Barrera, part of the defense of Mulino, as a way of description of the actions taken by the prosecutor Moore.

This, according to Gomez, leads to the close the case, however, expect the formalism that establishes the Judicial Code.

First, if the tax Zuleyka expect Moore will appeal, and this requires at least two days for the judicial remedy is announced.

A source prosecutors revealed that the term is counted from the notification, which came in yesterday morning.

"The Third Anti-Corruption Prosecutor has two business days from tomorrow (today), to submit its response to the ruling by the fifth judge in the case of radars," the source added.

Gomez admitted that his client will not leave soon, because besides the process of notification and announcement of the appeal, the prosecutor could take two days as part of the protocol procedure that carries such cases.

The wait would be longer if the prosecutor decides to appeal because the ruling would remain in suspension and is should be decided at the Second Superior Court.

Arbitrariness

The continuing processes outside the term and worse, although there is a warning of a court grant no more extensions, is one of many outrages against former officials Garuz Alejandro and Jose Raul Mulino.

To this is added that precautionary measures were very excessive pretrial detention, as the judge said in his ruling motivation.

"Within the summary has not been established that the defendants are dangerous people, which may alter or disappear tests, there is possibility of leakage and have not been investigated for any other crime," the judge to overturn the decision of the prosecutor.

Alejandro Garuz has arrested more than one year and the product of his arrest, his health has committed, as recorded in the reports of forensic medicine.

Garuz under arrest in a hospital.

Paniza in its ruling said that "due to legal medical reports by the Institute of Legal Medicine and Forensic Sciences, the accused suffers from heart disease, among other ailments, therefore, requires special care and regular medical evaluations, and our prisons do not have the right to provide detainees requiring specialist care "structures.

While Mulino has served four and a half months detained at the National Police (PN).

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Datos

13 meses permanece detenido el exministro del Consejo de Seguridad Alejandro Garuz.

4 meses es el tiempo que permanece bajo arresto José Raúl Mulino, exministro de Seguridad.

Frase

• Tenemos fe que la fiscal Zuleyka Moore, una vez analice el fallo, lo vea conforme a derecho y no apele para que se cumpla la orden de que se haga efectiva la libertad del señor José Raúl Mulino. Luis Gómez - Abogado.