Panama Guide

Welcome to Panama Guide, anonymous
Thursday, March 11 2010 @ 09:03 PM EST

Email Article To a Friend View Printable Version

PRD Files Complaint Over Bonissi Appointment

Law & LawyersThe Democratic Revolutionary Party (PRD) presented this afternoon before the Supreme Court a complaint of unconstitutionality against the appointment of the replacement Attorney General, Giuseppe Bonissi. The demand of the opposition party establishes that Bonissi's appointment violated the precepts established in the Constitution of Panama. The President of the PRD party, Francisco Sanchez Cardenas, said this action was filed over the way Bonissi was appointed which violated the Constitution, because the figure of "Deputy Prosecutor" does not exist. "However, they used this action in violation of the Constitution and appointed a deputy," said Sanchez Cardenas according to a press release. (Source: La Prensa)

Editor's Comment: Considering the Supreme Court removed Ana Matilde Gomez from her position, I doubt this PRD complaint will get far.

Email Article To a Friend View Printable Version

"Ana Matilde Gomez Should Return Her Paycheck" - Bonissi

Law & Lawyers
Giuseppe Bonissi - Attorney General of Panama
Giuseppe Bonissi - Attorney General of Panama
Panama's Attorney General Giuseppe Bonissi said today Ana Matilde Gomez should return the salary she received after being suspended from the position of Attorney General. Bonissi reacted after Gomez said yesterday that she has been getting paid even though she was suspended from the position on 28 January 2010. Bonissi told the local press that "if memory serves me, the payroll was closed on the 3rd or 4th day of the month," and therefore, Gomez was paid. He said there are more than 2,400 people on the payroll of the Public Ministry and that's why the payroll is closed on that date, he added. However, Bonissi said the paycheck in question corresponds to the first 15 days of February 2010. Therefore, Gomez should return the money that is not hers, he said. "She was paid in full, without the necessary corrections being made, he said, and he went on to say that the Public Ministry has sent a note to Gomez, explaining the situation to her and indicating how she should return the money. Gomez said on Monday that "once I was suspended they should have ordered the suspension of the payments, however, they have continued to pay me." She said she informed the Public Ministry of 12 February that she had received her paycheck. Ana Matilde Gomez was suspended from the position of Attorney General by the Supreme Court, thanks to an investigation taking place in the Office of Administration, over phone taps she ordered against former prosecutor Arquimedes Saez. (Source: La Prensa)   
Email Article To a Friend View Printable Version

Ana Matilde Gomez's Losing Battle Over Phone Taps - Game Over

Law & Lawyers
Rigoberto Gónzalez
Rigoberto Gónzalez
By DON WINNER for Panama-Guide.com - This morning I spoke with Rigoberto Gónzalez, the former Secretary General of the Attorney General's Office in Panama. Rigoberto Gónzalez basically worked as the "right-hand man" for Ana Matilde Gomez while she was the Attorney General of Panama. He resigned after the Supreme Court decided to suspend Ana Matilde Gomez from her position as the Attorney General. I discussed the case with him, and it's obvious the administration of Ricardo Martinelli simply wanted Ana Matilde Gomez out of the way. Once Martinelli appointed two new magistrates to the Supreme Court in early January 2010 he had a majority on the court. They followed his lead and suspended her from office. The next thing they did was to give the "Prosecutor for the Administration" who had formed the charges against Ana Matilde Gomez basically unlimited time to conduct his investigation - he can take as long as he wants. According to Rigoberto Gónzalez, it's obvious to him that the desire and intent of the current administration is to just allow the case against Ana Matilde Gomez to fester for the next five years, until her term in office runs out. She was appointed to the position in 2005 by Martin Torrijos. Once her ten-year term in office is over, then the Supreme Court will allow the case to proceed. Gónzalez explained how technically the case rests on an element of interpretation - exactly who is the "judicial authority" authorized to conduct telephone wiretaps. He said they made the determination that in fact Ana Matilde Gomez had the authority to order the wiretaps, while the Supreme Court later disagreed. Anyway, an element of interpretation is not necessarily a criminal act. No matter, because after five more years have passed, according to Rigoberto Gónzalez, the Supreme Court will simply find Ana Matilde Gomez innocent of all charges, close the case, and that will be that. However, by then they would have achieved their true goal of having kept her out of the position and replacing her with a man of Martinelli's choosing, Giuseppe Bonissi. In short, they know exactly what's going on and why, and there's not a damn thing they can do about it. Game over.

Copyright 2009 by Don Winner for Panama-Guide.com. Go ahead and use whatever you like as long as you credit the source. Salud.   

Email Article To a Friend View Printable Version

Bonissi Cleaning House at the Public Ministry

Law & LawyersNearly two weeks after Giuseppe Bonissi took command of the Public Ministry, layoffs begin arriving in the form of resignations. A group of Public Ministry administrative officials considered by Bonissi to be "associates" of Ana Matilde Gomez, the former Attorney General - who was removed from her post by order of the Supreme Court - were forced to resign, according to testimony from those affected. Bonissi delegated the task of seeking their resignations to the former prosecutor from Chiriqui and the new Secretary General of the MP, Nedelka Diaz, they added. We attempted to obtain a reaction from Diaz on the assertions of former officials, but received no answer. For the moment 20 staff members will be replaced. The list includes directors, department heads, project coordinators, legal counsel, assistants and security personnel. Bonissi also revoked permission to study during working hours, and instructed prosecutors that they can not give interviews to the press without permission. (Source: La Prensa)   Click Here To Read The Full Article (1 words)
Email Article To a Friend View Printable Version

Bill Submitted on Management and Sale of Seized Property

Law & LawyersThe government of Ricardo Martinelli intends to make some changes, so that any property seized by the Public Ministry will be passed to the control of the Ministry of Economy and Finance (MEF). The proposal was submitted to the National Assembly by the Minister of Government and Justice, Jose Raul Mulino, in a bill that seeks to amend Law Number 23 of 1986 on seized property. Under the proposal, the MP would inform the MEF when the property is perishable or if it might become damaged or deteriorate. Following an appraisal to property will be sold through a public auction. According to Minister Mulino right now there are many cars, yachts, houses and other properties that are deteriorating while the associated legal cases move forward, which could be used by the various institutions. When maintenance of movable or immovable property becomes onerous for the State, the MEF would be able to grant provisional administration or custody. Once the offender has been convicted, the money raised by the sale of the assets will be dispersed in the following manner - 30% will go to the National Commission for the Study and Prevention of Drug-Related Crimes (Conapred) and 70% will be used to strengthen the security forces which fall under the responsibility of the Ministry of Government and Justice, said the draft law. These funds will be regulated through control and management procedures established by the Comptroller General of the Republic. (Source: La Prensa)   
Email Article To a Friend View Printable Version

ACODECO Seizes 25 Pound Gas Tanks from Businesses

Law & Lawyers The Authority for Consumer Protection and Defense of Competition (ACODECO) inspected several restaurants in the city of Chitre, in the province of Herrera. The inspectors said they were seeking to ensure the safety of Panamanians who will be visiting this province to enjoy carnival. They added they seized 25 pound gas tanks from some hotels and restaurants. Similarly, ACODECO also inspected some other businesses, bakeries, restaurants, and pizzerias in the province of Veraguas an seized about thirty 25 pound gas tanks. Rolando Murgas, the Director of ACODECO in Veraguas, said they would apply the applicable fines which could go as high as $25,000 dollars. (Source: Panama America)

Editor's Comment: The Panamanian government establishes price controls on cooking fuel, and the smaller 25 pound propane gas tanks are subsidized and therefore cost less. Commercial operations such as restaurants and bakeries are expressly prohibited from using these small tanks. If they are found the authorities confiscate the tanks and fine the shop owners. This story has nothing to do with safety and everything to do with making sure the subsided gas is not abused.   

Email Article To a Friend View Printable Version

Martinelli Asks Bonissi to Be Firm

Law & LawyersThe president, Ricardo Martinelli, gave made an appeal to the new Attorney General, Giuseppe Bonissi, during a ceremony for 413 new police officers who graduated from the police academy yesterday. "I want to ask the Attorney General - don't let your hand tremble, no you nor the prosecutors nor the judges - in order to investigate and to bring justice independently," said the President, microphone in hand, from the main podium. Martinelli made the call, although he himself acknowledged during the ceremony it does not fall to the Executive branch of government to "administer justice." "Justice should not only apply to the sons of the cook while the (rich and powerful) walk away freely," he added. Bonissi - who now has been on the job for just a week - had a quick response. "I will be very hard, very hard," he said. This week, amid criticism he had appointed a close ally to be in charge of the Public Ministry, Martinelli said he just met Bonissi and he knows nothing about the new prosecutors. Yesterday, Bonissi also said he would institute a policy of not discussing in the press those cases being investigated in the Public Ministry. In regards to the investigation following the suspended Attorney General Ana Matilde Gomez, he said he did not know the status of the case. (Source: La Prensa)   
Email Article To a Friend View Printable Version

Supreme Court Extends Ana Matilde Gomez Investigation Indefinitely

Law & LawyersA request for an extension submitted by Nelson Rojas, the Prosecutor (in charge) of Administration to continue his investigation against the suspended Attorney General Ana Matilde Gomez was accepted by the Supreme Court. This morning the court issued a resolution granting the extension. However the Supreme Court did not establish a time period or limit within which the investigations are to be completed. Supreme Court judge Luis Mario Carrasco, acting as the replacement for Jerónimo Mejía, disagreed with the decision and said it might represent a violation of due process in the investigations being carried out against Ana Matilde Gomez. As part of this process the interrogation of Ana Matilde Gomez is still pending and will have to be accomplished eventually. On Monday Ana Matilde Gomez went to the offices of the Prosecutor of Administration and she was not questioned because the case file was at the Supreme Court. (Source: Telemetro)

Editor's Comment: Basically, the Supreme Court is sending a loud and clear message to Ana Matilde Gomez - get comfortable, because this thing isn't going forward any time soon. Nelson Rojas asked for an extension because all prosecutors have to work within legally mandated timelines to complete their investigations. If the time runs out then they have to go to the judge responsible for the case (in this case the Supreme Court because the accused is the Attorney General) and ask for more time to complete their investigations. Normally the judge or judges will respond with an extension and specific instructions. Like, make sure to gather this and that evidence, and you have six months or a year to complete your work. In this case the Supreme Court failed to specify a timeline, meaning that Rojas can just toss the file in the bottom drawer of this desk and forget about it until after the elections of May 2014. Game, set, match.    

Email Article To a Friend View Printable Version

Nedelka Diaz - New Secretary General of the Public Ministy

Law & Lawyers
Nedelka Diaz - New Secretary General of the Public Ministry
Nedelka Diaz - New Secretary General of the Public Ministry
Changes, rotations and resignations continue at the Public Ministry, after the arrival Attorney General Giuseppe Bonissi. One of the first changes was the entry of Nedelka Diaz, who replaces Rigoberto Gonzalez as the Secretary General of the Public Ministry. In her first public statement as the new Secretary General, Diaz sent a message of calm to the officials who work at the institution, saying "fear is not of God." (Source: Telemetro Reporta)   
Email Article To a Friend View Printable Version

Supreme Court May Have Violated International Treaty

Law & LawyersThe Panamanian Supreme Court might have violated the Treaty on Civil and Political Rights adopted by Panama through Law 14 of 1976 in their action to separate Ana Matilde Gomez from her position as the Attorney General of Panama, said Juan Antonio Tejada, a former Ombudsman and now one of Gomez's defense lawyers. According to Tejada, the treaty expressly enshrines the "right to a fair judge" and the right to submit effective petitions in order to preserve one's rights and liberties. Both rights, Tejada said, have been denied by Judge Wilfredo Saenz, who acted alone in his capacity as the rapporteur in the case against Gomez in rejecting the petitions filed by Gomez. With his unusually swift action Saenz prevented the petitions from reaching the full court. Tejada said that it is both "ironic" and "contradictory" that the Supreme Court in their ruling that orders the separation of Gomez from the position of Attorney General, cited Article 14 of Law 14 of 1976 of that international treaty. Consequently, the lawyer said Gomez would file a complaint with the Inter-American Court of Human Rights (IACHR). "This opens the possibility that we may use the international system to ensure the recognition of Gomez's fundamental guarantees of due process," said Tejada. The defense attorney also said that Gomez is preparing for the investigation ordered by the Supreme Court, as part of the complaint made by former prosecutor Arquimedes Saez. (Source: La Prensa)   
Email Article To a Friend View Printable Version

Giuseppe Bonissi's First Day On The Job

Law & Lawyers Not wasting time. Newly appointed Attorney General Giuseppe Bonissi reported to work today at the headquarters of the Public Ministry to begin the coordination of some of his first acts as the man in charge of the institution. Bonissi intends to take action immediately - among those being changes to the staff, audits, and basic needs. On RPC Radio Bonissi said in some cases he would accept the resignations of some of the prosecutors who have "made their positions available" and that others he would analyze. With regard to high profile cases, Bonissi said "that's an expression that does not exist in legal terms," however he said they would apply all speed as required by law. Nedelka Diaz, who replaced Rigoberto Gonzalez as the General Secretary, also reported to work on Saturday. Source: Telemetro Reporta)   
Email Article To a Friend View Printable Version

Ana Matilde Gomez Has Been Removed From Office

Law & Lawyers "It's a sad moment because I studied law and aspired to have by rights acknowledged," said Ana Matilde Gomez who was suspended from the position of Panama's Attorney General today, Friday, 5 February 2010. "From day one my rights have been violated," Gomez told reporters who were waiting outside of the Attorney General's office across the street from the Parque Porras. "I'm not destroyed," said Gomez, who, along with officials from the Public Ministry - walked out the front door of the institution. Outside, a white Lexus was waiting for her. Deception - "I regret that the nine judges of the [Supreme Court] have not spoken out," Gomez said, referring to the resources of reconsideration she filed to stop the suspension from office. Because, she said, "the law is on my side and I have not committed any crime." But she added that "history has its own destiny for each individual." Thus, Gomez said: More than the hope of returning to the position of Attorney General, what remains now is "the hope than justice will prevail." (Source: La Prensa)

Editor's Comment: Good. That drama is finally over. Now, can we please get back to the serious business of tossing corrupt PRD politicians in jail? I mean, that's what all of this crap has really been about, anyway. Ana Matilde Gomez was simply not doing her job. The whole thing about the cell-tap was just an excuse to toss her out. If it wasn't for that, they would have found another reason. And today Ricardo Martinelli takes one more step towards world domination - except in his case I think he's BOTH Pinky and the Brain. And if you don't get the reference then you're too old...

   

Email Article To a Friend View Printable Version

A "Stampede" of Resignations In The Public Ministry

Law & Lawyers
Rigoberto Gonzalez
Rigoberto Gonzalez
Faced with the imminent suspension from office of Attorney General Ana Matilde Gomez, prosecutors and administrative officers of the Public Ministry (MP) decided to resign their positions or to make them available to be decided by her replacement, Giuseppe Bonissi, according to sources from this institution and some of the protagonists themselves. Among those who have resigned are the Superior Prosecutors James Bernard and Eduardo Guevara. Both confirmed their decisions to La Prensa. Guevara the Fourth Superior Prosecutor and the Prosecutor for Intellectual Property, respectively. The suspension of Gomez also had an effect on the staff. Kenya Purcell, Deputy Secretary General of the Public Ministry, said she will resign. On Wednesday, the General Secretary Rigoberto Gonzalez said he was going to resign as well in support of Gomez. Gioconda Emiliani, Secretary of Communications and Juan Herrera, head of security, do not rule out doing the same, according to a source. Meanwhile, Auxiliary Prosecutor Luis Martinez, who was appointed by Gomez as the "caretaker" of her office pending the outcome of investigations against her, said he would wait to see how the situation develops in the MP to make a decision on his future. A source said, what's more, that Gonzalez said that Giovany Olmos - who Gomez dismissed as the Environmental Prosecutor - would replace him as secretary-general. Moreover, the new Replacement Attorney General Giuseppe Bonissi said yesterday that former Attorney General Jorge Ramón Valdés will be his adviser. Not surprisingly, the Assembly ratified Giuseppe Bonissi.

With a quick vote the Deputies of the National Assembly confirmed Giuseppe Amadeo Bonissi as the Replacement Attorney General of the Nation, despite warnings that it would be a violation of the Constitution, made by opposition PRD lawmakers, independent lawyers, and sectors of the civil society. During the full session a few lawmakers from the Panameñista political party were conspicuously absent, such as José Blandón, José Luis Varela and Alcibiades Vásquez. When the president of the debate, Noriel Salerno, announced that he would vote, PRD lawmaker asked to speak. Salerno refused, saying that he was not on the list. Avila ran to the front of the floor shouting "Abuse! Abuse! Abuse!" but the official vote taker had already declared the ratification of the one designated by President Ricardo Martinelli.   

Email Article To a Friend View Printable Version

Attorney General - Media Feeding Frenzy in Panama

Law & Lawyers
Ana Matilde Gomez, Daniel Delgado Diamante, and Harley Mitchell
Ana Matilde Gomez, Daniel Delgado Diamante, and Harley Mitchell
By DON WINNER for Panama-Guide.com - Right now, at 6:00 pm on Thursday evening, 4 February 2010, the Credentials Committee of the National Assembly has approved the designation of Giuseppe Bonissi as the Replacement Attorney General of the Republic, as nominated by President Ricardo Martinelli together with the Cabinet Council. Now, his designation will be passed to the full body of the National Assembly for a vote. It is expected that this vote will take place this evening. At the end of the work day Ana Matilde Gomez departed the offices of the Public Ministry where she continues to serve as the Attorney General. Originally the Supreme Court said Gomez was to be officially notified of their decision to remove Gomez from her position today. However, I think that they are holding off until the National Assembly finishes with the formality of approving Giuseppe Bonissi, and once that's done then most likely the Supreme Court will proceed with the official and formal notification of Ana Matilde Gomez, effectively removing her from the position. All of this has turned into a feeding frenzy for the Panamanian press, and importantly about a dozen prosecutors and staff members loyal to Ana Matilde Gomez are expected to resign once she is officially removed from office. And notice - Ricardo Martinelli never surfaced anywhere today.

Copyright 2009 by Don Winner for Panama-Guide.com. Go ahead and use whatever you like as long as you credit the source. Salud.   

Email Article To a Friend View Printable Version

"Police Record" To Be Reactivated

Law & LawyersOn Tuesday afternoon the Cabinet Council approved amendments to articles of Law 69 of 27 December 2007 which created the Directorate of Judicial Investigation (DIJ) in the National Police, the departments of Criminology Services and the Institute of Legal Medicine and Forensic Sciences. The reform allows for the use of a criminal record that, at present, is only required for a work permit, as part of the concrete actions set in motion by the current administration which seeks to offer greater security to the population. The initiative, which will now be passed to the National Assembly for approval and adoption, seeks to remove limits to access and application of the information recorded in the Personal Identification files - known as the "Police Record" - for certain services in the application for employment. The proposal makes is clear that if there is no evidence of a punishable in the Personal Identification file of the DIJ then than should be established in the certificate issued. The struggle for security of the business sector is that they receive job applications on a daily basis and often they become the victims of crime, because often they don't know the real criminal history of the person and they give them a job, and often times they are granted access to confidential information which they then use to commit crimes, as one of the reasons behind this proposal to reform the law and to reactivate the criminal record. The Cabinet Council adopted a resolution authorizing the Minister of Government and Justice to propose to the reform to the National Assembly. (Source: TVN Noticias)   
Email Article To a Friend View Printable Version

Giuseppe Bonissi Will Be Approved Today

Law & Lawyers
Giuseppe Bonissi
Giuseppe Bonissi
The Credentials Committee of the National Assembly will meet this morning to discuss the ratification of Giuseppe Bonissi as the Replacement Attorney General. Bonissi visited some of the lawmakers yesterday and spoke with members of the commission, carrying documents required to comply with the formality of the process. Meanwhile, Rep. Mario Miller, the Chairman of the Credentials Committee, said they would review the documents submitted by Bonissi to ensure they are in order and after that step his nomination will be forwarded to the full Assembly. It is unknown whether there will be an open consultation period, in which anyone can present their opinions either in favor or opposed to the designation of Bonissi, but Miller said not time period has been established for the public to come forward to make this type of expression, as is customary in the descriptions of other officials such as appointments of judges to the Supreme Court and the Comptroller General. (Source: La Estrella)

Editor's Comment: The National Assembly will approve Bonissi's appointment today, before Ana Matilde Gomez is formally and officially notified of the Supreme Court's decision to remove her from office. The moment she is notified, then Bonissi will immediately assume the position as the Attorney General. I suspect there will be some kind of a ceremony this afternoon either at the Public Ministry or the Presidency.    

Email Article To a Friend View Printable Version

Giuseppe Bonissi Meets with Lawmakers After Appointment

Law & Lawyers
Giuseppe Bonissi
Giuseppe Bonissi
Giuseppe Bonissi, who has been appointed by the Executive Branch of government in Panama as the "Replacement Attorney General of the Nation" went to the National Assembly this afternoon. Bonissi is meeting with the President of the National Assembly, José Luis Varela, and this is expected to appear before the Credentials Committee, which must approve his appointment. The discussion will continue later before the full Assembly, where members from both the government and opposition parties will debate and vote to confirm his nomination. The Cabinet Council voted last night to appoint Bonissi, who is 47 years old, to replace Ana Matilde Gomez as the Attorney General of Panama. Last Thursday, 28 January 2010, the Supreme Court of Justice confirmed they had decided to removed Ana Matilde Gomez from office. However Gomez says she is still the Attorney General and that she has not been notified of this decision. (Source: La Prensa)

Editor's Comment: Ana Matilde Gomez will be formally notified and separated from her position tomorrow. The National Assembly will have ratified Bonissi by then.   

Email Article To a Friend View Printable Version

Meeting Between Lawmakers and President Martinelli Ends

Law & Lawyers
José Luis Varela - President of the National Assembly
José Luis Varela - President of the National Assembly
The meeting between President Ricardo Martinelli and the lawmakers ended at noon. Jose Luis Varela, the President of the National Assembly, said during the meeting they discussed the establishment of a new Ministry of Public Security, a project (proposal) that should be sent to the National Assembly in the coming days. They also discussed the lowering of the age of juvenile offenders (to begin to treat juvenile offenders as adults) as a step forward to address the high levels of national insecurity and street crime. Varela said he that today the Cabinet Council would discuss the issue of creation of the Ministry of Public Security. "If they pass it - it will be sent to the National Assembly during this week," he said. Varela did not confirm whether they touched upon the issue of the appointment of a new Attorney General, or the scandalous Social Investment Fund (FIS), however Deputy Carlos Afú indicated that the Comptroller is making progress with the audit. José Muñoz, one of the lawmakers mentioned in the report issued by López Consultores said he showed them all of the books of his foundation to be reviewed, and he hoped that the investigations being carried out by the Comptroller will be conducted by professionals and not "improvised" - which seem to work better for the press. (Source: La Estrella)   
Email Article To a Friend View Printable Version

Attorney General Designee Giuseppe Bonissi Investigated for Domestic Violence in 2001

Law & Lawyers
Giuseppe Bonissi
Giuseppe Bonissi
Giuseppe Bonissi, who is poised to be designated today by the Cabinet Council as the replacement for Ana Matilde Gomez as Panama's Attorney General, was investigated in 2001 after his wife filed a complaint for domestic violence. On 8 October 2001, the First Family Prosecutor's Office opened an investigation for alleged offenses against family law and marital status (domestic violence). Ana Elizabeth González Concepción, the former spouse of Bonissi, was the complainant. She currently works as an official in Panama's Supreme Court in the office of Judge Alberto Cigarruista. In this process, through the Prosecutor's Opinion Number 288 of 16 May 2002, the First Family Prosecutor's Office called Bonissi to trial for the crime of domestic violence. On 2 October 2002 a provisional stay was issued in favor of Bonissi. The case record is filed in the First Circuit Court. Despite numerous attempts by La Prensa to contact Bonissi, he did not return the calls. Women's right's activist and former lawmaker Teresita Yániz de Arias said it is "unacceptable for people who have been accused or investigated for domestic violence to hold posts in institutions that are guardians of human rights." Others who defend the rights of women expressed the same sentiment. Yesterday, the President reiterated in a statement that the appointment of Bonissi will be formalized today. (Source: La Prensa)

Editor's Comment: In this case the judge in the First Circuit Court decided there was not enough evidence to proceed against Giuseppe Bonissi so the case was provisionally filed away. This is what typically happens with a wife gets "pissed" for some reason - maybe she caught him cheating or something - so she files a case against him to get revenge. Maybe they had a heated argument and she filed charges. Who knows, maybe he actually did hit her. What matters is - an accusation is not the same as a criminal conviction for domestic violence. Chances are as the case went forward for whatever reason the wife decided to not pursue or follow up on her original complaint. She might have been really pissed for whatever reason - mad enough to file a complaint against him and open an official case. The DIJ will look into it, gather the preliminary evidence, and forward the case to a prosecutor. This can take as much as two months. Once the file gets to the prosecutor's office, the first thing they do is call the person who filed the original complaint back in to make an expanded statement that will be used in court. They will also call any other witnesses - in a domestic violence case like this one that could be a maid or a neighbor or other witness, for instance.

However, if the wife has "cooled off" then she simply does not respond to the citations being issued by the prosecutor. They will send three or four citations for her to appear before the prosecutors office to render an expanded declaration as the victim. Many times the victims simply decide they don't want to respond to those citations for whatever reason. If that happens then the message to the prosecutor is clear - if the victim doesn't care enough to go in to make an expanded declaration, then there's no real need for him to continue to try to prosecute the case. If the "victim" doesn't care, why should he?

However, once a criminal process has been opened, the only person who can close the case is a judge. The file eventually goes before the judge who, usually acting on a recommendation from the prosecutor, closes the case. In this article it says " In this process, through the Prosecutor's Opinion Number 288 of 16 May 2002, the First Family Prosecutor's Office called Bonissi to trial for the crime of domestic violence." That's technically correct, but it also is written in such a way as to make things look as bad as possible for Bonissi. Once the file is on the prosecutor's desk, he has to take it to a court just to clear it off of his docket. Once the case got to court the judge decided it should be "provisionally closed" - meaning that it could be reopened in the future if more evidence comes to light. This is what judges typically do when they lack evidence for whatever reason. Either the prosecutor has failed to do their job, or more likely, the person filing the original complaint never came back to follow up. This kind of evolution happens thousands of times a year in Panamanian criminal cases. Someone made a complaint, the complaint went nowhere (for whatever reason) and the case was closed. End of story.

Now, with all of that having been said, do you think this person should not be allowed to assume the position as the replacement Attorney General for Ana Matilde Gomez because of this case? I mean, the only reason anyone is talking about it is because he's been nominated to replace her. In my humble opinion, without having seen the file and knowing absolutely nothing about the details of the event beyond the bare bones facts which have appeared in the press, I don't think this cycle of charge and complaint filed away should prevent him from taking the position. If he was convicted of a crime then that would be a different story. If there was more than one incident, then that would be a different story. On the other hand, if I was in Martinelli's shoes it wouldn't take much additional information to reach a tipping point to say "let's find someone else."   Click Here To Read The Full Article (1 words)

Email Article To a Friend View Printable Version

Cabinet Council Has A Busy Schedule Programmed For Tomorrow's Meeting

Law & Lawyers
Alberto Vallarino - Minister of Economy and Finance
Alberto Vallarino - Minister of Economy and Finance
Panama's Minister of Economy and Finance (MEF) Alberto Vallarino said today on the morning television news broadcast that the meeting of the Cabinet Council scheduled for tomorrow, Tuesday 2 February 2010, will be very busy because they have a series of sensitive issues to discuss. Vallarino said among these issues are the designation of the person to replace Ana Matilde Gomez as the Attorney General, the creation of a new Ministry of Public Security, and tax reforms. Vallarino said these three issues are on the schedule to be discussed during the meeting of the Cabinet Council tomorrow, so they are expected to be resolved that day. (Source: La Estrella)

Editor's Comment: Ricardo Martinelli's "Cabinet Council" holds regularly scheduled meetings every Tuesday. Comprised of the President, Vice President, and Martinelli's closest advisors and Ministers, they basically speak as the one voice of the Executive Branch of government. Most of the most important actions taken by the government originate in these meetings, things like the annual budget, nominations for Supreme Court judges, or proposals for new laws that are drafted and forwarded to the National Assembly for debate and vote.   

Email Article To a Friend View Printable Version

Ana Matilde Gomez Might Go To International Courts

Law & Lawyers
Ana Matilde Gomez - Panama's Embattled Attorney General
Ana Matilde Gomez - Panama's Embattled Attorney General
Panama's Attorney General, Ana Matilde Gomez, could go to international courts of justice to denounce the process that, after the Supreme Court's decision, would separate her from office over a complaint lodged against her for alleged abuse of authority. This potential strategy was reported yesterday by Eduardo Ulloa, one of the lawyers working on legal Gomez's defense in the case against her after the complain filed in September 2009 by former prosecutor Arquímedes Sáez. Ulloa said that for now they will have to wait to see the final version of the Supreme Court decision which will be issued on Thursday, 4 February 2010, to define the best legal strategy to follow. Ulloa added that the Supreme Court only ruled on the interim measures ordered against Gomez, and not on the challenge Gomez filed in this case against the primary judge responsible for the case, Wilfredo Saenz. Meanwhile, Alfredo Prieto, head of communications for the presidency, said that on Tuesday the president, Ricardo Martinelli, and his Cabinet will discuss the appointment of Giussepe Bonissi as the replacement for Ana Matilde Gomez. (Source: La Prensa)   
Email Article To a Friend View Printable Version

Panama To Create New "Minister of Public Security"

Law & Lawyers
Demetrio
Demetrio "Jimmy" Papadimitriu - Minister of the Presidency
Because security is an issue of great importance, in the next meeting of the Cabinet Council we will discuss the proposal for the creation of a Minister of Public Security," said the Minister of the Presidency, Demetrio "Jimmy" Papadimitriu. Papadimitriu considers it necessary that this new entity take exclusive responsibility for National Security which requires new equipment, and that Panama can not simply wait for other countries to donate airplanes and boats. "The President, Ricardo Martinelli, promised to give the Panamanian people safe streets and we must comply; which is why we will buy our own equipment and not be at the mercy of what other nations might donate to us," he said. He clarified that with regards to the desiganción Giuseppe Bonissi as the Replacement for the Attorney General of the Nation, Ana Matilde Gomez, the President made the designation from the town of Davos in Switzerland, where Martinelli and Vice President Juan Carlos Varela are participating the World Economic Forum 2010. (Source: La Estrella)

Editor's Comment: New equipment? Like maybe some Heron Unmanned Aerial Vehicles from Israel Aerospace Industries (IAI) for example? Those would be cool...   

Email Article To a Friend View Printable Version

Supreme Court Authorizes Martinelli To Replace Ana Matilde Gomez in Ruling

Law & Lawyers
Giuseppe Bonissi - Panama's New Attorney General
Giuseppe Bonissi - Panama's New Attorney General
Panama's Supreme Court of Justice authorized the President, Ricardo Martinelli, to "appoint a Special Replacement Attorney General" in the decision that separates Ana Matilde Gomez from her position, effective 4 February 2010. The Panama America had access to the Court ruling, which states that "in dealing with a crime of a serious nature, duly verified with the Order of 17 August 2005 ... We grant the request and communicate to the nominating authority, that is to say, to the President of the Republic that, together with the Cabinet Council, to designate a Replacement Attorney General during the process." The ruling states that because Ana Matilde Gomez is being separated from her position as the Attorney General, she "loses the functional competence to appoint a deputy," thus implementing Article 200, Number 2, of the Constitution. In this way, the full court "admitted" the petition of the Prosecutor of Administration, Nelson Rojas, against Gomez, establishing a prohibition against her leaving the country without court approval and the suspension from her position as the Attorney General until the end of the process against her. Has he been designated or will he be designated? Following the decision of the Court, the Government clarified yesterday that Giuseppe Bonissi will be "designated" and that it will fall to the Cabinet Council to agree on his "appointment."

However, this version contradicts a statement from the presidency, issued last Thursday, which reported that following the decision of the Court, "the National Government announced its decision to appoint as the Replacement Attorney General Giuseppe Bonissi Bachelor, a leading member of national forum." The Government insisted yesterday that Article 200 of the Constitution states that it is the function of the Cabinet Council to "agree" with the President on the appointment of judges to the Supreme Court, the Attorney General, and the Prosecutor of Administration, as well as their alternates, with the approval of the National Assembly. "The reading of the cited rule leaves no room for interpretation", says the statement, so it will meet to formalize the appointment of Bonissi, which must be ratified by the Assembly.

It was also noted that there are "inaccuracies" in the interpretation of former article, in relation to Article 224 of the Constitution, because the latter indicates that the Attorney General "may, because of temporary absence, appoint an Attorney General In-Charge." It also states that the Assembly must approve the appointment of Bonissi so that "he can appoint a replacement for his position in his absence, be they temporary or not." However, the note specifies that "until the separation from her position is formalized, decided by the Supreme Court and announced by Gomez, she is the only Attorney General of the Nation."

It warns that "if the process of the appointment of the Replacement Attorney General has not concluded before the announcement or formalization of the separation of Ana Matilde Gomez, the Replacement Attorney General can only assume the position after the completion of the formalities as defined by the Constitution for the appointment of the Attorney General; once the process of his appointment has been formalized, then he should assume the position."

The note also mentions that Martinelli, together with his Ministers, could realize in the first session of the Cabinet Council, which will be held in the Garzas de Pacora, the designation of Bonissi. Currently Bonissi is the deputy director on the Board of Directors of the Caja de Ahorros, after being appointed and ratified by the Executive and Assembly, respectively. (Source: Panama America)   

Email Article To a Friend View Printable Version

Public Ministry Says They Will Wait To Read Supreme Court Decision

Law & Lawyers
Rigoberto Gonzalez
Rigoberto Gonzalez
The Secretary General of the Attorney General's Office, Rigoberto Gonzalez, said he is waiting to see the Supreme Court decision, which will determine who should appoint the new temporary Attorney General. He made his statements after Panama's Attorney General Ana Matilde Gomez said yesterday she would appoint the Auxiliary Prosecutor Luis Martinez as her temporary replacement, while she fights her legal battles. However, the Office of the President announced last night that Bonissi Giuseppe would be appointed as the replacement for Gomez. However, Gonzalez told the press that they insist that Martinez should replace Gomez. Meanwhile, a group of about 50 people protested outside of the headquarters of the Public Ministry to demand the immediate departure of Gomez from her position. (Source: La Prensa)   
Email Article To a Friend View Printable Version

Panama in Constitutional Crisis Over Attorney General Firing

Law & Lawyers
Ana Matilde Gomez
Ana Matilde Gomez
By DON WINNER for Panama-Guide.com - Yesterday afternoon Panama erupted into what could turn into a significant Constitutional crisis. The Supreme Court voted 5-4 to suspend Attorney General Ana Matilde Gomez from her position. First of all, the Supreme Court simply issued a press release indicating the decision has been made and the votes cast. What remains is the actual publication and formalization of their decision, which will occur next week on Thursday, 4 February 2010. Once Ana Matilde Gomez is formally notified of that decision (she will have to sign the document) then at that moment she is no longer the Attorney General of Panama. Yesterday afternoon shortly after she learned of the decision, she announced that she would appoint Panama's Auxiliary Prosecutor Luis Martinez as a temporary replacement. At practically the same time Ricardo Martinelli's staff announced the president had selected Giussepe Bonissi to replace Ana Matilde Gomez as the new Attorney General. These dueling appointments create a Constitutional conflict - who has legal right and authority to designate a replacement for Ana Matilde Gomez in this situation? (more)   Click Here To Read The Full Article (1,799 words)
Email Article To a Friend View Printable Version

National Assembly Looks to Censor Television in Panama

Law & Lawyers First President Ricardo Martinelli sought to control television programming, now the Deputies of Panama's National Assembly want to activate the Censorship Board. Members of the Commission on Population of the National Assembly issued resolution No. 01 dated 27 January 2010 that will be taken to the full Assembly. The document, sponsored by ruling party member Dalia Bernal, asks the Ministry of Social Development (MIDES) to activate the Censorship Board, responsible for the oversight of the 1999 Agreement on the Self Regulation of the Media. With the document, they seek to establish that the television channels establish schedules that are not accessible to minors to broadcast soap operas and programs with lots of violence, sex, and alcohol. Ricardo Lombana of the Ethics Committee of the National Council of Journalism, said on TVN News just the intention of activating a censorship board is dangerous, and this can be interpreted as the beginning of an intention to create new laws. The full Assembly would have to approve the resolution which would then be sent to the media and the MIDES. The proposal is sponsored Rony Araúz, Jorge Dutary and the Panameñista Jorge Iván Arrocha. (Source: El Siglo)

Editor's Comment: This is a really, really bad idea. Obviously the surge of violent crime in Panama is not the media's fault. The government should focus on doing their jobs and arresting the criminals, rather than trying to muzzle the messenger. The soap operas are no more violent than the morning cartoons. This "plan" is so full of holes it's not funny. What about Cable? Are you going to censor them as well? Radio? Websites? Can we still print those sexy photos of hot chicks on the back page of El Siglo? Will I have to submit my *censormode*ing articles to those assholes on the *censormode*ing censorship board for *censormode*ing approval before I can *censormode*ing publish the *censormode*ing things? Want to see a photo of my pecker? Go arrest the bad guys. It's that simple. Leave us alone. We're fine, but thanks for asking. And by the way - blow me. "Beep Beep""   

Email Article To a Friend View Printable Version

Supreme Court Removes Ana Matilde Gomez From Office

Law & Lawyers
(Former) Attorney General Ana Matilde Gomez
(Former) Attorney General Ana Matilde Gomez
By majority vote, the Justices of Panama's Supreme Court have decided to suspend the Attorney General, Ana Matilde Gomez, from office. Those voting to suspend Gomez were justices Wilfredo Sáez, Alberto Cigarruista, Alejandro Moncada Luna, Winston Spadafora and Aníbal Salas. Those voting against were justices Harley Mitchell, Jerónimo Mejía, Oyden Ortega and Víctor Benavides. The request to suspend Gomez from her position was made by the Prosecutor of Administration, which also bars her from leaving the country, as part of the investigation against her for the alleged abuse of power in the case involving former prosecutor Arquimedes Sáez. Lawyers representing Gomez said they would not make a statement until after the Attorney General does, considering that she will not be officially notified until 4 February 2010 once the magistrates of the Supreme Court have published their decision. Some attorneys indicated to TVN News that a request for reconsideration could be put before the court, but this would not suspend the first decision. (Source: TVN Noticias)

Editor's Comment: In case you didn't notice, the vote went straight down party lines. All Supreme Court justices appointed to the bench by either Mireya Moscoso or Ricardo Martinelli voted to suspend Ana Matilde Gomez, while those appointed by the PRD's Martin Torrijos voted against. And did you notice the timing? Ricardo Martinelli is currently in Europe. All the better to say "who, me?"    

Email Article To a Friend View Printable Version

"Institutional Crisis" Over Attorney General Case

Law & LawyersMore than ten civic organizations denounced yesterday what they consider to be an "institutional crisis" over the excess of presidential power. They noted the investigation being conducted into allegations and charges against Attorney General Ana Matilde Gomez, saying "we perceive a totally politicized environment, and a fragile situation of the perceived independence of the judiciary." (Source: Panama America)

Editor's Comment: It's funny to me how people still think president Ricardo Martinelli is behind the efforts to remove Ana Matilde Gomez from her position. I think he was leaning that way in November and December, but once she "came on board" with the whole concept of going after Ernesto Perez Balladares, then the whole thing turned around, and now it's apparently the PRD that's trying to have her removed. The Supreme Court has yet to rule, but I'll be somewhat surprised if they decide to force her to step down over this wiretapping case.    

Email Article To a Friend View Printable Version

Justice Almengor Recused Himself from Gomez Case

Law & LawyersSupreme Court magistrate Jose Abel Almengor recused himself from hearing the request to remove Panama's Attorney General Ana Matilde Gomez from her position. Gomez's defense lawyers had previously filed a petition to have Almengor recused from being the designated judge in the case, alleging that in March 2009 the Prosecutor opened disciplinary proceedings against Almengor who at the time was serving as an Anti Drug Prosecutor. Supreme Court magistrate Victor Benavides now must decide if Almengor's reason to recuse himself is valid or not. Benavides has already been designated as the judge to decide on the petition filed by Gomez. A week ago, the Secretary General of the Office of Administration, Nelson Rojas, called for the removal of Gomez from office, while also asking for an investigation to be opened and to have her barred from leaving the country, as part of an ongoing investigation into the alleged commission of the crime of abuse of authority. (By MÓNICA PALM for La Prensa)   
Email Article To a Friend View Printable Version

Executive Distances Itself From Attorney General Controversy

Law & Lawyers Panama's president Ricardo Martinelli continued his efforts yesterday to distance himself from the controversy surrounding Attorney General Ana Matilde Gomez and the potential that the Supreme Court might decide to remove her from office. The Executive Branch has used a mixed strategy of defense and avoidance on this issue, which included statements from the president early in the day and the release of an official press release later in the afternoon. Yesterday morning president Ricardo Martinelli denied having any influence on the process that was opened by the Office of the Administration against Gomez, saying "I have not had anything to do with this, I don't get involved with (trying to influence) the Attorney General, and even less in the judiciary." But that statement was just a start. Later in the afternoon the President of the Republic issued an official press release which reiterated that they are outside of the problem, and they also questioned the actions of the groups who have arisen to support Gomez, who attribute responsibility to the Executive in this case. "We can not allow this legitimate public concern to be tarnished or tainted by the actions and pronouncements of groups who seek to seize the current opportunity to try to damage the image of the executive branch." The press release says that faced with the false and reckless allegations being made by these groups, it is impossible to remain silent, and they go on to say those allegations are being made in direct response to the courageous actions and decisions that have been taken by the Executive. The statement adds that the acts for which they are being linked to the Attorney General, which are being used to generate some of these actions and decisions which are now the subject of public scrutiny, were taken or occurred in a period different to the current government. While the Supreme Court of Justice mulls over Gomez's future, concern among the civil society over the institutional risk represented by the case against the Attorney General increases. Mariano Mena, leader of the CGTP and CONATO said they will present a proposal to the Citizens' Alliance for Justice and other organizations to "convene a national crusade to support Gomez and the preservation of the institution." (Source: LINETT LYNCH for La Estrella)

Editor's Comment: The key to all of this is in the sentence I highlighted with bold above. Basically, what Martinelli is saying is that "we are simply doing the right thing by going after corruption where ever it might be, and if that results in all of this PRD political infighting and finger pointing, then tough." Ana Matilde Gomez was appointed by Martin Torrijos and then spent five years in office only prosecuting corruption when it was politically expedient for her personally or the PRD. Once Ricardo Martinelli took over and his people got access to the public records, they literally bombarded the Public Ministry with hundreds of corruption complaints. The Superintendency of Banks basically works for the Executive branch of government, and they have an element called the Financial Analysis Unit (UAF). These people can monitor banking activity and are charged with uncovering illegal activity and things like money laundering. It was a UAF report about "suspicious movement of funds" through accounts owned and controlled by Ernesto Perez Balladares, that was initially leaked to La Prensa which later turned into the charges now being faced by Ernesto Perez Balladares. When the Public Ministry, run by Ana Matilde Gomez balked and going after "El Toro" Ricardo Martinelli made it perfectly clear - either you do your damn job or you're gone. Caught between "El Toro" and "El Loco" - Ana Matilde Gomez simply decided to turn the dogs loose and her prosecutors started going after Ernesto Perez Balladares, then instantly the PRD fired their one missile, the pending (bullshit) complaint about the wire taps. The nut of that case comes down to one concept - the wire taps might not have been conducted or authorized in a manner consistent with the constitution, however that does not necessarily mean the public official who ordered the wire taps broke the law when ordering them. In other words, she might have screwed up and made a mistake, but not necessarily by committing a crime in the process. Meanwhile, Ricardo Martinelli stands back and denies any direct responsibility, which is perfectly true. His administration is, however, indirectly responsible for all of this controversy due to his dogged anti-corruption platform and stance. Whatever - let the chips fall where they may.   

Email Article To a Friend View Printable Version

Ana Matilde Gomez Asks To Have Almengor Removed From Case

Law & Lawyers Defense lawyers working for Panama's Attorney General Ana Matilde Gomez challenged newly appointed Supreme Court magistrate José Abel Almengor, after he indicated he did not intend to disqualify himself from hearing as the primary judge in the case, a request filed to have Gomez removed from her position. Juan Antonio Tejada, a former Ombudsman and now Gomez's lawyer, said he would invoke Number 11 of Article 760 of the Judicial Code, which indicates that one of the causes for impeachment is "if one of the parties has a process, complaint, or suit pending, or for having had one of these within the past two years, against the judge or magistrate." This cause would apply because last March Gomez opened a disciplinary process against Almengor - who at the time was the Anti Drug Prosecutor - related to the departure from the country of Ernesto Chong Coronado, who is accused of money laundering in the case of Grupo DMG founded by Colombian David Murcia Guzmán. The disciplinary process was closed when Almengor resigned from his position as prosecutor last May. Shortly afterwards, he reappeared as an adviser to Panama's president Ricardo Martinelli, who eventually appointed him as a judge on the Supreme Court. Tejada noted that for reasons of "transparency" Almengor should be separated from the case. The judge has 48 hours to decide if he will continue as the designated judge or to ask the full Supreme Court to declare him as impeded. The deadline is today. Supreme Court sources reported thus far there are no drafts circulating related to the incidents of controversy and the prescription request submitted by the Gomez's defense lawyers, against the decision taken by the Office of Administration to initiate an investigation. (See Comments) (Source: JOSÉ OTERO and MÓNICA PALM for La Prensa)   Click Here To Read The Full Article (280 words)
Email Article To a Friend View Printable Version

Anibal Salas - New President of the Supreme Court

Law & Lawyers
Anibal Salas - President of Panama's Supreme Court
Anibal Salas - President of Panama's Supreme Court
Supreme Court Magistrate Anibal Salas was chosen by majority vote as the new President of the Supreme Court of Justice in Panama during a special meeting of the full court held in the Gil Ponce de Leon Palace of Justice. Salas will be responsible for Fourth Chamber of General Business and the Second Criminal Chamber. Currently the Supreme Court magistrates are voting to elect a Vice President to accompany the selection of Salas, and the presidents of the four rooms that comprise the Supreme Court. This morning two new tenants of the judiciary, Jose Abel Almengor and Alejandro Moncada Luna were sworn in by President of the Republic, Ricardo Martinelli and subsequently took office at the Gil Ponce De Leon palace. (Editor's Comment: Anibal Salas was appointed to the Supreme Court in 2002 by Mireya Moscoso. Prior to his election the last two Presidents of the Supreme Court were both from the PRD - Graciela Dixon and Harley Mitchell. The election of Salas indicates a shift of control of the Judicial branch back away from the PRD and more towards the "opposition" politics of the Panameñistas. This, taken together with the fact that Ricardo Martinelli will appoint a total of at least five Supreme Court justices during his term, this can't be seen as good news for people like Balbina Herrera and Ernesto Perez Balladares.) (Source - La Critica)   
Email Article To a Friend View Printable Version

Two New Supreme Court Justices Sworn In

Law & Lawyers
José Abel Almengor
José Abel Almengor
After having been sworn in by the President of the Republic of Panama, the two new justices to the Supreme Court, José Abel Almengor and Alejandro Moncada Luna, took up their positions in their respective offices in the Gil Ponce Palace of Justice this morning. Both will participate this afternoon in the election of the new President of the Supreme Court. (Source: Denis Lara for Telemetro Reporta)    
Email Article To a Friend View Printable Version

Varela Calls Absence of PRD Lawmakers "Irresponsible"

Law & Lawyers
José Luis Varela - National Assembly President
José Luis Varela - National Assembly President
The president of Panama's National Assembly, Jose Luis Varela, the attitude of PRD lawmakers who failed to attend the installation of the second term of the first regular assembly "irresponsible." "Politically it seems wrong, however, they are within their rights," Varela said. Regarding the CEMIS case Varela said it is the responsibility of the Credentials Committee to act objectively and responsibly to decide whether the case should be closed or called to trial. The PRD responds - For his part, PRD Leandro Avila said on RPC Radio the political leadership of the PRD together with the party leadership in the National Assembly decided to call upon most of his fellow party members to not attend the installation of the second term. According to Avila, they did this because they believe President Ricardo Martinelli had been conducting a political persecution against members of the PRD. He added Martinelli does not understand he is the president of all Panamanians and as such he should not try to influence either positively or negatively the affairs of the administration of justice. "He has been dipping his hands into the administration of justice for neglecting the promises which are not being fulfilled," he said. (Source: Panama America)    
Email Article To a Friend View Printable Version

Moncada Luna and José Abel Almengor Will Take Office on Monday

Law & Lawyers
Alejandro Moncada Luna and José Abel Almengor
Alejandro Moncada Luna and José Abel Almengor
After much controversy surrounding the ratification of their appointments to Panama's Supreme Court of Justice, the new magistrates Alejandro Moncada Luna and José Abel Almengor will take office on Monday, 4 January 2010. The swearing in ceremony for the new judges will be in the morning, and in the afternoon a vote is scheduled to select the new President of the Supreme Court to replace Harley Mitchell, whose term is ending. José Abel Almengor will occupy the Second Criminal Chamber and he will have as his alternate Wilfredo Saénz, while Alejandro Moncada Luna will be assigned to the Third Chamber of Administrative Litigation. Abel Zamorano will be Moncada Luna's alternate, after the National Assembly rejected the nomination of Zaira de Latorraca. (Source: Kathyria Caicedo for Telemetro Reporta)   
Email Article To a Friend View Printable Version

Ricardo Martinelli Reiterates His Frustrations With The Panamanian Justice System

Law & LawyersPanama's President Ricardo Martinelli on Thursday reiterated how he feels "frustrated and mocked" due to the way the justice system has handled the case against former president Ernesto Perez Balladares. While speaking at a ceremony to mark the tenth anniversary of the reversion of the Panama Canal to Panamanian control, Martinelli said justice must be applied equally to all. "It should not be true that justice is only for those people who have no resources, while those who are rich and have political contacts and power get away without being punished," he said. Yesterday the president said he felt "cheated and frustrated" because it was a "show" to see how the police were looking for Perez Balladares for several hours, but after he arrived to the offices of the Public Ministry in his private car, he was only there for twenty minutes. For his part, the President of Panama's Supreme Court of Justice, Harley Mitchell, said there is no interference or meddling on the part of the Executive Branch in the Judiciary, which is doing its job. (Editor's Comment: Slang word for the day. In this article Ricardo Martinelli used the Panamanian slang term "cocotudo" a word which you probably won't find in any dictionary, but literally every Panamanian knows exactly what it means. In this case, a "cocotudo" is a rich person who has both money and political contacts and influence like Ernesto Perez Balladares.) (Source: Meredith Serracín for the Panama America)   
Email Article To a Friend View Printable Version

Awaiting Supreme Court Decision in CEMIS Case

Law & LawyersBy JOSÉ OTERO for La Prensa - While Supreme Court magistrate Oyden Ortega - who is handling the reopening of the CEMIS case - awaits the signatures of the other Supreme Court justices on the opinion he wrote and put into circulation, the lawyers involved are preparing new strategies to keep the case closed. Judicial sources report judge Ortega expects to receive, between next Monday or Tuesday, comments on his draft decision regarding the reopening of the case, which was forwarded to the other eight judges on 23 December 2009, when the full court rejected all seven incidents filed against the decision already taken to reopen the investigation. In this regard, Victor Almengor, the lawyer for former Democratic Revolutionary Party lawmaker Mateo Castillero (one of those being investigated in this case) said he is waiting to read the full resolution which rejected all seven incidents filed against the reopening of the case. As soon as he has a copy of the resolution, he said he would present before the Supreme Court various resolutions for review and clarification. The CEMIS case was closed by the Supreme Court in September 2003.   Click Here To Read The Full Article (1 words)
Email Article To a Friend View Printable Version

Panama's Lawmakers Reject Controversial Supreme Court Nomination

Law & Lawyers
Zaira Santamaría de Latorraca Rejected by National Assembly
Zaira Santamaría de Latorraca Rejected by National Assembly
By DON WINNER for Panama-Guide.com - In considering Ricardo Martinelli's designations for the new Supreme Court justices, the lawmakers in Panama's National Assembly who are part of the "Grand Alliance" first met behind closed doors and then later decided they could not accept the appointment of Zaira Santamaría de Latorraca as the deputy for Moncada Luna. If you will remember, Zaira Santamaría de Latorraca's daughter was involved in a fatal hit and run accident in January 2003. There's little doubt that it was an accident, but she failed to stop at the scene and later her parents took actions to attempt to cover up the accident. They flew the girl out of the country, they removed the license plates from the car, and took the car to a repair shop to have the damage repaired. They were only caught when the mechanic alerted authorities when he saw the blood on the car and realized he was working on the most sought-after white BMW in Panama. Zaira Santamaría de Latorraca is a lifetime insider to Panama's judicial system, and her daughter was later acquitted of all responsibility (go figure) and her parents were never held accountable in any way for their highly questionable actions. In any case, the National Assembly did the right thing. They informed Martinelli at the last minute that they would not confirm Zaira Santamaría de Latorraca, so she withdrew her name from consideration in retreat. Martinelli then confirmed that the current sitting Superior Court Magistrate Abel Antonio Zamorano will be named as the deputy for Moncada Luna on the Supreme Court. In my humble opinion I think they did the right thing, and I have no idea why such a controversial figure was nominated in the first place - it doesn't make any sense so therefore there's obviously something else going on that I'm not aware of. In any case, all's well that end's well, but Ricardo Martinelli burned up some chips in this unnecessary debacle.

Copyright 2009 by Don Winner for Panama-Guide.com. Go ahead and use whatever you like as long as you credit the source. Salud.   

Email Article To a Friend View Printable Version

Harley Mitchell Submits Annual Report

Law & Lawyers
Harley Mitchell
Harley Mitchell
By Juan Manuel Díaz C. for the Panama America - The President of the Supreme Court, Harley Mitchell, said in his annual report that he managed to combat corruption and to ensure greater transparency in judicial management. According to Mitchell with the implementation of the "judicial audit" judges and magistrates can now give an explanation on the flow of the processing of cases. He also said they worked to establish a culture of transparency and judicial ethics. He also explained that now there is a mechanism to evaluate the performance of judges and magistrates, to help eradicate bad practices and to identify any irregularities in the provision of services. However, he said there is much work remaining to be done. (Editor's Comment: Harley Mitchell's term as the President of the Supreme Court is about to expire in January. After Ricardo Martinelli's new selections are seated then the court will elect a new President who will lead the judicial branch for two years.)   
Email Article To a Friend View Printable Version

Lawmakers Discuss Ratification of Supreme Court Nominations

Law & Lawyers
Zaira Santamaría de Latorraca
Zaira Santamaría de Latorraca
By José González Pinilla for La Prensa - Lawmakers in Panama's National Assembly from the ruling Grand Alliance coalition are meeting behind closed doors to analyze Ricardo Martinelli's selections for the new magistrates who will sit on the Supreme Court of Justice and their deputies. The lawmakers must vote to ratify the two judges appointed, José Abel Almengor and Alejandro Moncada Luna, and their respective deputies, Wilfredo Sáenz and Zaira Santamaría de Latorraca. Among the topics being discussed is whether or not they want to ratify the designation of Zaira Santamaría de Latorraca as the deputy for Moncada Luna. This information became known this afternoon in the Justo Arosemena Palace, after Santamaría de Latorraca has been harshly criticized for two consecutive days by the public. (Editor's Comment: On 21 January 2003, Sherina Latorraca, the daughter of Zaira Santamaría de Latorraca, who at the time was 17 years old, ran over and killed 3 year old Giovanni Murillo. Giovanni was being carried by his mother Kathia Rosalía Pérez Guerra who was trying to cross Tumba Muerto to catch a bus to take Goivanni to a medical appointment because he had an ear infection. According to witnesses Sherina Latorraca was driving a white BMW at about 80 kilometers per hour down Tumba Muerto. As Kathia Guerra tried to cross the street, the right lane of traffic stopped to let her cross, but Sherina Latorraca came blasting through the left lane at full speed, hitting the mother who was carrying her child, dragging them 40 meters down the road. As if that wasn't bad enough, the public was outraged to learn that 17 year old Sherina Latorraca fled the scene, departing the scene of a fatal accident. Now, here's the part where this becomes a "typical for Panama" story. At the time of the accident Sherina Latorraca's mother, Zaira Santamaría de Latorraca (who today is being considered for a position on Panama's Supreme Court of Justice) was serving as a Municipal Court judge. Her mother has always been an "insider" of the Panamanian judicial system. A trial judge decided her daughter Sherina was not responsible for the death of 3 year-old Giovanni, a decision that was later upheld on appeal. And get this - when the case was decided on appeal Zaira Santamaría de Latorraca was working as the "Executive National Director of Common Services" of Panama's Judicial Branch of government. When the accident occurred Sherina's parents did everything possible to cover up their daughter's involvement. The white BMW was later found with the license plates removed, for example. Their actions were anything but consistent with what you would expect from a Supreme Court judge (or an alternate for that matter.) It's very likely her daughter's case was manipulated from the inside - the judge's daughter driving the BMW gets off Scot-free after running down and killing a 3 year-old in a hit and run accident. I mean, this one is a no brainer. Of course this woman should not sit on Panama's Supreme Court of Justice in my humble opinion. In this case I literally have no idea whatsoever what Ricardo Martinelli was thinking. This was a bonehead pick, and I hope the National Assembly has the balls to toss it back. The people will gag on this one until they puke. Huge mistake ... what is he, nuts? Oh, yeah, I almost forgot... But I mean, WTF?)   
Email Article To a Friend View Printable Version

"If I Had Appointed Romulo Emiliani, They Still Would Have Criticized" - Martinelli

Law & LawyersBy YURETH PAREDEA for La Estrella - "We should not criticize these people before they take their positions," said president Ricardo Martinelli his morning, referring to the appointments of José Abel Almengor and Alejandro Moncada Luna as magistrates of the Supreme Court of Justice. "If I had appointed Bishop Rómulo Emiliani or Pastor Édwin Alvarez, they would also have been criticized," the president said. Martinelli added that "there is no turning back" in the appointment of new judges of the CSJ. According to Ricardo Martinelli of the list of 71 candidates, 26 of the lawyers had defended drug traffickers, which is why he decided to select people like Alejandro Moncada Luna, who has never belonged to the Cambio Democratico political party, but who has belonged to an opposition party, and José Abel Almengor, who he says has shown great ability and professionalism in his role as a public servant. "Give me the chance. If judges fail, then I would have failed you, and at that time you can question me, but for now this (debate) is over," he said. Today the National Federation of Workers of Panama (CNTP) expressed regret over the president's decision, believing that he "kept with politics as usual" which goes against everything he promised during the election campaign, arguing among other things that the people who will occupy high positions within the judicial branch will have to show "loyalty" to the President in each of their decisions. The CNTP reiterated that the Cabinet's decision could not be more questioned, given the low capacity demonstrated by the former prosecutor and the poor enforcement of the former chief of the PTJ. According to them, both judges will be "improvising" on the Supreme Court. The designations of Almengor and Moncada Luna will be ratified next Monday in the National Assembly.   
Email Article To a Friend View Printable Version

"No One Will Regret The Supreme Court Designations" - Moncada Luna

Law & Lawyers
Alejandro Moncada Luna
Alejandro Moncada Luna
By Getzalette Reyes for La Prensa - The people will not regret the choice made by President Ricardo Martinelli for the two people appointed as new magistrates to the Supreme Court. This statement was made on Thursday by one of those appointed, Alejandro Moncada Luna, who next January will replace Adán Arnulfo Arjona in the Third Chamber of Administrative Disputes. In regards to recent questions raised regarding his appointment, Moncada Luna sent a message to see it as a positive and not as a negative. In an interview on the Telemetro Reporta news broadcast, he explained that he did not submit his documentation to the evaluation commission of the Executive Body because at the time he had no intention of occupying the bench. "A real and true fact in the Constitution is that it is the prerogative of the President of the Republic to choose and designate judges for the court," he said. On another subject, Moncada Luna said he currently is not enrolled in any political party. He clarified that the name which appears on the list of those who are registered members of the Cambio Democratico party is that of his eldest son. He reiterated that in January 2009 he resigned from the Partido Revolucionario Democratico (PRD) to support the campaign of Ricardo Martinelli. In this regard, he said that, independent of any support he might have given Martinelli behind the scenes either directly or indirectly, that "does not affect the profile of a candidate to be a magistrate on the Supreme Court of Justice." Moncada Luna said during the television interview "I will not enter as a passive judge." By contrast, he said he would work hard to "improve the administration of justice." He said that "I will remove the concept that only those who have money can obtain a favorable ruling." "We are going to enter with the goal of improving the administration of justice -- the people are going to take notice of the changes," he said. He also said he is not interested in presiding over the Supreme Court or to replace Harley Mitchell as the president of the court.   Click Here To Read The Full Article (1 words)
Email Article To a Friend View Printable Version

Almengor and Moncada, New Supreme Court Justices

Law & LawyersBy Getzalette Reyes for La Prensa - Lingering questions have finally been answered. José Abel Almengor and Alejandro Moncada were selected last night as the new judges who will sit on the Supreme Court of Justice in Panama. Their names were released this afternoon by the presidential spokeswoman, Judy Meana. Almengor will replace Esmeralda de Troitiño in the Criminal Division and Moncada will replace Adán Arnulfo Arjona - who had aspired to be reassigned to the court - in the Administrative Litigation Division, said Meana. For Almengor and Moncada alternates were chosen from among current staff members of the judiciary, Wilfredo Sáenz and Zaira Santamaría de Latorraca, respectively. The selection of the new judges, who will begin their duties next January, was held yesterday during the weekly meeting of the Cabinet Council behind closed doors, and the decision was not announced until today. With this step complete, now the National Assembly will have until 31 December 2009 to ratify Almengor and Moncada, during special legislative sessions that began Tuesday. Discussions surrounding Martinelli's decision to select two new judges to replace Adán Arnulfo Arjona and Esmeralda de Troitiño began on 7 December 2009. However it was learned that among the different ministers of Martinelli's cabinet there were differences of opinion regarding the selections. In total, 71 lawyers submitted documents to a committee appointed by the Executive to ensure they met the requirements stipulated in the Constitution. A few days after the committee formally delivered their report on the candidates, Martinelli said he would "not be duped by a list." Almengor has been the Anti Drug Prosecutor and currently he is an advisor to Martinelli in the presidency. Meanwhile, Moncada served as director of the former Judicial Technical Police (PTJ).   
Email Article To a Friend View Printable Version

No Offical Word Yet On Two New Supreme Court Judges in Panama

Law & Lawyers By EDUARDO MENDOZA for La Prensa - The country waited for the official statement. Although President Ricardo Martinelli and his ministers seem to have selected the two judges who will be seated on the Supreme Court in January 2010, they agreed to keep the names under wraps. "The issue of judges was discussed and tomorrow we will be giving a press conference about it," said Alfredo Prieto, the communications secretary for the presidency. However, some people did speak and they say those selected would be José Abel Almengor, for the Criminal Division and replacing Esmeralda de Troitiño, and Alejandro Moncada who would be going to the Administrative Litigation Division, replacing Adan Arjona. The two new magistrates will take their places on the bench on 4 January 2010. Also present at yesterday's Cabinet Council meeting were the presidents of two of the parties that form the "Alliance for Change" currently in power. Aníbal Galindo, of the Unión Patriótica party and Sergio González Ruiz of Molirena were present at this important meeting, however the President of the Panameñista party Juan Carlos Varela could not attend because he is currently in Chile.   
Email Article To a Friend View Printable Version

Martinelli Will Pick Two New Judges - But Not From The List

Law & LawyersTVN Noticias - Panama's president Ricardo Martinelli said he would not nominate the two new Supreme Court justices from the list of 71 candidates that was delivered to him by the Special Committee on Credentials. There are expectations about exactly who will be selected to fill these positions on the Supreme Court. Martinelli said he would select two lawyers who are honest, recognized, and with solid careers. The president said he would choose two people who best represent the interests (of the people) in order to change the justice system. He said "I will choose as the law dictates, two lawyers, be they a man or a woman, who are honest and with a proven track record." The president's decision provoked reactions from the members of the Credentials Committee who said he is showing a lack of respect for society. (Editor's Comment: OK, so I guess it's safe to guess that anyone who is on the list won't be selected?)   
Email Article To a Friend View Printable Version

Prosecutor orders an assessment of Bosco

Law & LawyersBy ARTURO CARLOS CASTILLO for La Estrella - Panama's second anti-corruption prosecutor, Ramses Barrera, said this morning he asked the Institute of Legal Medicine and Forensic Sciences to evaluate the health status of Panama City Mayor Bosco Vallarino, in order to ascertain whether he is in adequate medical condition to render a sworn statement. Barrera said that if Vallarino is unable to attend the prosecutor's office to be questioned, it might be possible that personnel from his office will go to him, but he still must determine the situation, in order to proceed. Barrera added that yesterday he received from the mayor's attorney a copy of the medical file from the hospital and a disability statement related to employment, adding that with the measure he ordered this morning, it is not that they feel satisfied, because they always assume the good faith of the parties involved in the proceedings, and that he has repeatedly heard Vallarino say he is willing to provide the necessary evidence to establish the facts, and therefore he trusts him. The Mayor faces trial for embezzlement, following a check made out to his wife.   
Email Article To a Friend View Printable Version

No Date Set For Selecting New Supreme Court Judges

Law & LawyersBy MONICA PALM for La Prensa - Still no date has been established for the selection of the two new judges who will serve on the Supreme Court starting in January 2010. On Monday, the President said the selection would be "during the week of 14 December", but yesterday, Alfredo Prieto, Secretary of State Communications, said he could not specify the date. "There's a meeting of the Cabinet Council on Tuesday. What is certain is that this day they will discuss the issue of the new judges. But the decision might not come until Tuesday, 22 December," he said. Cabinet sessions are held traditionally on Tuesdays at 3:00 pm. Prieto said the president, Ricardo Martinelli, shows no haste. "The President has until Dec. 31 to make the appointment, which the Assembly will ratify," he said. The terms of sitting magistrates Esmeralda de Troitiño and Adán Arjona expire on 31 December 2009. (Editor's Comment: Ricardo Martinelli will appoint at least five of nine sitting judges. If the new room of the court is approved and the court expands to a total of twelve judges, then he will appoint a total of eight out of those twelve during his five year term in office.)   
Email Article To a Friend View Printable Version

Eleven Years Later And The Supreme Court Can't Issue A Decision

Law & Lawyers By URANIA CECILIA MOLINA for La Prensa - Thirteen vehicles, including construction equipment, has remained for four years parked on the grounds of the Metropolitan Natural Park in Panama City, under the custody of it's patronage. These vehicles are the silent witnesses of the legal dispute filed in 1998 by the Board of the Metropolitan Nature Park against the company PYCSA Panama, responsible for the construction of the Northern Corridor, due to the alleged ecological damage caused by the construction of the highway to the forest reserve. Initially the park's patronage received a ruling in their favor, but the controversy took another turn after the legal representative of the construction company filed an appeal before the Supreme Court in 2006. Currently, the appeal is in the process of reviewing and reading, and is under the presentation of Judge Alberto Cigarruista. (Editor's Comment: This is a perfect example of one of the fundamental problems that remains to be addressed in Panama. It's actually common for cases such as this to be left sitting idle for years and years by a Supreme Court who has to answer to absolutely no one - they can do whatever they want and if they put a case on "slow burn" then it can sit there, literally forever. I once had a case before the Supreme Court that they sat on for two years, and in spite of me having filed motion after motion to have the case decided, they didn't move until I filed an official and formal complaint with the International Court of Human Rights against the Government of Panama and all of the sitting judges of the Supreme Court for failing to decide on the case - and at the same time I issued a press release to every journalist in Panama. After I did that, the case was decided and the decision was issued in less than two weeks. JUDICIAL SECURITY is imminently important for international businesses who are considering investments in Panama. The judicial system needs to be fixed - because right now it's dead in the water.)

Related Articles

   
Email Article To a Friend View Printable Version

New Supreme Court Magistrates Will Be Picked Today

Law & LawyersBy MONICA PALM for La Prensa - The selection of the two new judges who will sit on Panama's Supreme Court starting in January 2010 is on the agenda of the Cabinet Council, a meeting which is scheduled to take place at the Palace of the Herons starting at 3:00 pm this afternoon. A total of 71 lawyers aspire to fill the two vacancies on the court, after the committed designated by President Ricardo Martinelli to review the candidates eliminated 16 from the original list because they did not meet the minimum requirements established by the Constitution. A week ago the committee sent their report to the President. It does not include recommendations or qualifications, but rather it simply summarizes the candidate's resumes, lists any objections as well as comments that were received in favor. Although Martinelli made a pubic call for candidates, there are repeated reports saying president Ricardo Martinelli has already made his selections: the former Anti Drug Prosecutor and current Secretary of the Presidency, José Abel Almengor, and the Magistrate from the Electoral Tribunal, Gerardo Solís. Almengor would replace Esmeralda de Troitiño in the Criminal Court, and Solis would replace Adán Arnulfo Arjona - who aspires to be reassigned to the court for a second ten year term - in the Division of Administrative Litigation; the part of the Supreme Court that hears cases involving contracts and multi million dollar concessions involving the State. Martinelli's selections must be ratified by 31 December 2009 in the National Assembly in a special session, that according to sources will be called near the end of this year. National Assembly President José Luis Varela said it would take at least five days to complete the process. Prior to voting, the Credentials Committee of the National Assembly will hear citizens' opinions on the two candidates chosen by Martinelli.   
Email Article To a Friend View Printable Version

Judge Puts The Snatch on Bosco's Salary

Law & LawyersBy EDUARDO MENDOZA and JOSÉ OTERO for La Prensa - Panama's 17th Civil Court ordered the sequestering of 15% of the salary of Panama City Mayor Bosco Vallarino, as part of a legal action taken against him by his predecessor, Juan Carlos Navarro. The Seventeenth Court injunction, issued this Thursday 3 December 2009, also includes commissions, bonuses or any other type of compensation paid to Vallarino. The sequester, ordered by Judge Arelis Pérez Labiosa, will remain in effect until a total of $121,030 dollars is paid. The Mayor of Panama City earns $7,000 per month - $2,000 in salary and $5,000 in expenses. Navarro sued Vallarino for slander after he called him a "narco-Mayor" on a television program in March 2009. Navarro has filed two additional complaints against Vallarino, also for libel and slander. Navarro's complaints are not the only ones keeping Vallarino in court. He must also respond to the Anti Corruption prosecutor who is investigating him for trying to pay $4,000 dollars to his wife for travel expenses. In this case, Vallarino was supposed to testify yesterday, but he missed the meeting for a second time. La Prensa attempted to contract the Mayor, but he did not return telephone calls.