A former public official, despite her actions, continues to be an important witness in the Odebrecht case; therefore, since last year, Judge Baloisa Maquínez has requested her assistance from the Tribunal, a request that has been rejected on more than two occasions to avoid facing the cross-examination to which the defense is entitled.
Attorney Carlos Carrillo hopes that, just as witness Eliseo Ábrego, despite being retired, was notified by the National Directorate of Human Resources of the National Police, the same will happen with Rodríguez Araúz because, otherwise, a negative message would be sent to the population about the Panamanian justice system.
In this regard, former President Ricardo Martinelli, one of those accused of alleged money laundering, indicated that for due process to exist and the right to defense of those involved in the Odebrecht case to be respected, it is necessary for the witness to be subjected to cross-examination.
During the session on the eighteenth day of hearings, the Tribunal issued a third summons in the name of Rodríguez Araúz to appear to give her statement on Friday, February 13, starting at 8:30 in the morning, but there is no certainty that this will happen because the contempt fine is negligible.
Damaris Rodríguez Araúz is not an unknown person, as some followers of the Odebrecht case believe. The witness, besides being one of the key pieces of the prosecution, has been linked to the judicial system for several years under the leadership of the former prosecutor Kenia Porcell, when the Division of Crimes against the Public Administration of the Directorate of Judicial Investigation (DIJ) was physically on the fourth floor of the Avesa building, where several prosecutor's offices operated.
She reiterated that issuing a conviction without a cross-examination of the witnesses violates the basic principles of law; therefore, the defense will continue to insist that their guarantees be respected.
Hearing
The Odebrecht case hearing will resume on the morning of Friday, February 13, with Rodríguez Araúz as the only witness cited to conclude the stage of presentation of expert and testimonial evidence, paving the way for the closing arguments phase.
In addition, he used the police reports of Rodríguez Araúz as the basis for his writing, although, as lawyers have denounced, she does not have the necessary academic training to analyze financial reports; therefore, her opinion should not be taken into account by the prosecution.
Carrillo indicated that to avoid these irregularities, the Supreme Court of Justice (CSJ) should establish that it is unconstitutional for a person to be convicted without having been allowed to examine the prosecution's witnesses when they are linked to the prosecution.
The former official of the National Police, according to attorney Roniel Ortiz, like expert Antonio Lim, followed Porcell's orders; she would even have signed reports that were not written by them, an irregularity that was evident during her appearance before the Tribunal, as she stated that to generate her expert report, she used information from social networks and the internet.
He requested the authorities to apply a coercive measure against her to ensure her appearance before the Tribunal because she is demonstrating that "she has no interest in attending," even though her assessments have been used to unjustly involve several people in the case.
