Ortega prosecutor unauthorized investigates Martinelli

A request for the annulment of the proceedings of fiscal Oyden Ortega in the case of dehydrated food in the Supreme Court against the former president of the Republic, Ricardo Martinelli, was supported by yesterday afternoon, Wednesday, when a hearing control performed by this process.

The request was made by Martinelli's lawyers, who supported the research activities has made fiscal Oyden Ortega that have violated the Constitution and the rules set on due process in the Criminal Procedure Code.

Sidney Sitton said the magistrate Oyden Ortega collected evidence without authorization of the supervising judge, Jerome Mejia, which clearly said, is a violation of a fundamental principle of the rule governing the accusatory penal system (SPA) by the which the ex-president Ricardo Martinelli is investigated.

"The prosecutor (Oyden Ortega) indiscriminately without any control of a supervising judge has requested evidence to banks on confidential documents of their clients," said Sitton.

According to Sitton, the prosecutor Ortega thought that is above the Constitution and the law.

According to the lawyer, Ortega violated Article 29 of the Constitution dealing with confidentiality of correspondence and private documents.

Sitton cited Article 199 of the Criminal Procedure Code which refers to the grounds to declare the absolute invalidity of a legal action.

Such legal provision emphasizes that judicial proceedings are void where there vices full violation of the fundamental rights of the people enshrined in the Constitution and laws.

Another illegalities were detected, said the lawyer, was the fact that the proceedings made by the prosecutor Ortega were not reflected in a resolution setting out the reasons explaining to ask for sensitive information related to customer names and movements their bank accounts.

He sustained Sittón this investigative action the prosecutor Ortega constitutes a violation of Article 73 of the Criminal Procedure Code.

This article states that prosecutors should, through writing, to establish the legal grounds used as tools to support their actions on any business of your business.

Hearing postponed

At least 50 bank accounts of various entities were reviewed by the prosecutor Ortega as part of the investigation. Report that sought to read the Sittón attorney at the hearing to describe such investigation.

So extensive information and following an agreement between the parties, a recess until Tuesday, March 8, at 2:00 p.m., was ordered to resume the hearing.

Since the Sittón lawyer failed to finish describing each of the reviewed fiscal Ortega accounts, the supervising judge ordered Jerome Mejia was made in writing before Friday.

Then you transfer the prosecutor will give Oyden Ortega to give its reply at the hearing next Tuesday March 8, where it will present its case.

Without evidence

Another weakness identified by the Martinelli defense at this hearing, was the fact that none of the bank accounts to revise the fiscal relationship was found with president Ricardo Martinelli.

He said that for this reason that so far the prosecutor Oyden Ortega has failed to request a hearing of charges to bear against Ricardo Martinelli.

The prosecutor had promised to submit Ortega complaint charges after collecting the evidence that currently are being disputed.

However, what has been done is to change dilate further research.

For the lawyer Rogelio Cruz are judges who are applying delaying tactics, to continue holding proceedings against former President Martinelli in court, they have no legal basis.

He said the purpose of maintaining these processes is to continue to justify the persecution against Ricardo Martinelli, but in the end, according to Cruz, all these cases will fall for lack of evidence and procedural rules violations

Warn

Sidney Sitton believes that this hearing dehydrated food against former President Ricardo Martinelli is critical to the economy of the country because of validating these tests would affect the Panamanian banking system.

The reason is because this diligence leaves a bad precedent, because it would be allowing all tax can, without authorization, check the bank accounts of people and know their movements.

He said that these 50 accounts were audited by the tax Ortega belong to individuals and businesses.

"From validate these tests, we will generate an anarchic system that will affect the banking system in terms of services is concerned," added the lawyer Sidney Sitton.

Jurisprudence

At the hearing the lawyer Sitton has two faults that are related to this case of dehydrated and where invalidity of the actions of prosecutors ordered not to follow the procedural rules food. In one of these resources was the amparo lawyer Jerome Mejia as a litigator.

---

Cifras

199 Artículo del Código Procesal Penal que fundamenta solicitud de la defensa.

29 Artículo de la Constitución que pudo haber sido violentado por el fiscal Oydén Ortega.

Frase

• Con la actuación del magistrado fiscal Oydén Ortega podemos caer en un estado anárquico, donde la mayor afectada sería la economía panameña en cuanto al servicio del sistema bancario se refiere. Sidney Sittón