Prosecutor may have acted with gross negligence in the case of radars

Fiscal third-corruption, Zuleyka Moore, acted with gross negligence, challenge and procedural unfairness and attorneys former Minister of Security Jose Raul Mulino expressed in the statement of opposition that presented yesterday before the Second Superior Court of Justice against the appeal of the official said.

Moore appealed a judge's decision Fifth Circuit Criminal, Enrique Paniza, after decreeing the annulment of the warrant of arrest, investigation and arraignment of Mulino and Alejandro Garuz the case of radars.

Also the judge decided to grant a separate injunction to preventive detention and prison country house arrest to Mulino and Garuz, respectively, acts which were also challenged by Moore; right now arrested former officials remain.

Goal

The letter says that the tax lady decided to retain the record, despite the absence of the mandate of a judge, what they saw was a "challenge to judicial decision" after further investigate despite indicate the deadline for September 22 2015.

As proof of this is attached to the notice of opposition the ruling, Enrique Paniza, fifth judge dated January 20, 2015, where he orders the officer to refer the case to the respective tax purposes after expiration of the eight months of investigation after the date indicated.

"In a constitutional rule of law jurisdictional orders must be obeyed and enforced. Otherwise, what would be in the courts function" Mulino include lawyers in the notice of opposition.

Another element shown in the notice of opposition is that the prosecutor accepted Moore meet the eight-month extension that gave terminated the investigation on 22 September.

For this reason the defense of Mulino shows a resolution that bears his signature, Moore prosecutor, dated January 26, 2015, in which agree to comply with the stated term of eight months which is what granted by the Fifth Court in the first extension to submit.

Therefore, defense attorneys qualify the written appeal of the prosecutor Moore as a claim for the Second Superior Court patentice the illegality incurred.

Procedural unfairness

The procedural unfairness referred to in the notice of opposition, it is because the Moore prosecutor requested a further extension to the expiration of the period of eight months of research, while on the record.

That is to say that he was not made known to the defense of the former Minister Jose Raul Mulino who had pending a further extension after the end of the investigation have expired.

This allowed him to continue gathering evidence, although had not defined its request to extend the time to follow the preliminary investigation.

It indicates that the written defense not be notified of such extension request was possible to create a fictional procedural space, to make him think the judge was a research phase in investigations summary.

Negligence

It indicates the argument of the defense that the above Moore prosecutor may have committed acts of procedural fraud.

Therefore they ensure that the Judicial Code Article 199, paragraph 9, empowers the judge to impose sanctions against those who commit acts contrary to fair justice and get purposes prohibited by law.

"Would enter a fallacy to think that disciplinary Mrs. Attorney General of the nation penalize its fiscal third anticorruption when media has even brandished adverse and unfavorable to our client comments and commending the work of the appellant tax "Mulino added attorneys in writing.

For this situation, the leader of the opposition party Democratic Change filed a criminal complaint against the prosecutor Porcell Kenya.

And this complaint coincides with the point made by lawyers Mulino on the action of the prosecutor Moore.

The law provides that the prosecutor is obliged to subordinate discipline its officials who spend the term, with a maximum fine of $ 50.

Proceedings of the prosecutor

In the notice of opposition a comprehensive explanation of the time extension granted tax Zuleyka Moore gets, proving that in those eight months alone research activities were carried out in 32 days which were simplistic and simple command, such as orders for the opening and closing of volumes, plus six affidavits, request to lift immunity, among other tax rulings merely procedural.

The defense of Mulino makes a breakdown of each of the arguments of the prosecutor to challenge the judge's ruling, making it clear that jurisprudence of local and international courts that were not similar to the case of radars which are held in detention were used Jose Raul Mulino and Alejandro Garuz.

Jose Raul Mulino is just, in his statement, who warns Moore that tax Zuleyka was practicing this diligence with the term expired.

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Imelcf recomienda excarcelación para exministro José Raúl Mulino

Preocupación en la familia del exministro de Seguridad José Raúl Mulino, la razón es porque existe un informe del Instituto de Medicina Legal y Ciencias Forenses que establece que el encierro compromete la salud del exfuncionario.

“Nos preocupa su estado sedentario, las embolias no avisan. Nosotros, su familia, estamos preocupados, sabemos el riesgo”, expresó Alexandra Mulino en su cuenta de Twitter.

Mulino fue trasladado a una celda más incomoda hace algunas semanas, la razón, según le comentaron los oficiales de turno en la Policía Nacional, es que era una orden superior. Mulino se ha caracterizado por su carta de protesta de todos los lunes.

Cifras

14 meses han transcurrido desde que se inició la investigación sobre el caso de los radares.

8 meses fue la prórroga que dio el juez quinto, Enrique Paniza, para desarrollar el sumario del caso.

Twitter

• Reaccionaron sobre la respuesta de la defensa de Mulino ante impugnación de la fiscal tercera anticorrupción, Zuleyka Moore.

• @as_salazar

• Abogados califican de "dolo" actuación de la fiscal tercera anticorrupción, Zuleyka Moore

• @l1Ruiz

• Contradictorio y sesgado calificó Zuleyka Moore el fallo emitido por el juez quinto penal, Paniza, o sea esta se pasea a un juez? solo en Panamá.

• @ULmulino

• Defender a fiscales como Zuleyka Moore que actúan arbitrariamente es fomentar crisis en la justicia. ¡Basta de abusos!