Spanish
San Isidro. – The trial for the death of Diego Armando Maradona was embroiled in a new controversy this Tuesday, after prosecutor Patricio Ferrari requested to suspend the oral hearing for 10 days due to the scandal involving judge Julieta Mackintach, a member of the Oral Criminal Court No. 3 of San Isidro. The decision on the suspension must be made by the magistrates in the coming hours.
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Ferrari's request arose after Leopoldo Luque's lawyer, Julio Rivas, insisted on recusing Judge Mackintach. The lawyer alleged that the magistrate had authorized the filming of a documentary about the trial without the consent of the parties and allowed the entry of cameras on the first day of hearings, despite being expressly prohibited.
“The principle of legality and impartiality are at stake,” stated Rivas, who also requested the validity of the procedural acts carried out so far if the recusal is accepted.
During his intervention, prosecutor Ferrari stated that what happened represents "a concrete institutional seriousness", and pointed out that the first evidence in the investigation initiated by lawyers Fernando Burlando and Mario Baudry "is not encouraging".
“We believe the postponement of the trial for a period of 10 days to resolve an issue that compromises the legitimacy of the process is extremely prudent,” said Ferrari, accompanied by prosecutor Cosme Iribarren.
The request was supported by several plaintiff lawyers. Fernando Burlando, representative of Dalma and Gianinna Maradona, warned about the “irreparable impact” of what happened. Félix Linfante (lawyer of Jana Maradona), Mario Baudry (for Dieguito Fernando), Pablo Jurado (on behalf of the former footballer's sisters) and Diego Junior's lawyer also joined.
Among the defendants' defenders, the request was supported by Vadim Mischanchuk (defender of psychiatrist Agustina Cosachov), Diego Olmedo (psychologist Carlos Díaz) and María Julia Marcelli (official defender of doctor Di Spagna).
However, some defense lawyers opposed, such as Martín Montalbo (defender of Mariano Perroni), Franco Chiarelli (of Ricardo Almirón), and Nicolás D’Albora (of Nancy Forlini). They claimed not to have sufficient information about the evidence against Judge Mackintach and questioned the prudence of making decisions based on rumors.
Despite opposing the suspension, D’Albora acknowledged the institutional gravity of the case: “The hearing has shattered the foundations of this debate, but I cannot rule without evidence. I request that the judicial proceedings be certified today.”
Regarding the judge's recusal request, D'Albora was emphatic: “If she has to be removed, the trial collapses. There is no way to salvage the validity of the procedural acts.”
For the time being, the Court must decide whether to accept the ten-day suspension, the maximum period contemplated by the Criminal Procedure Code of the Province of Buenos Aires. The continuation of the trial for the death of the Argentine idol remains suspended while tensions grow in a case followed with attention throughout the country. Source: Infobae.
