The defense argues that this violates due process principles, such as the right to contradiction and cross-examination.
Defense's Technical Claims Attorney Rolando Rodríguez, a member of the legal team for one of the accused, stated that the Public Prosecutor's Office is not acting with objectivity or strict adherence to the law. He maintained that the actions have affected the personal and family stability of the accused, which, in his opinion, does not correspond to the procedural reality.
Rodríguez also questioned the attempt to base a potential conviction on arguments he described as lacking a legal basis.
The actions of anti-corruption prosecutor Ruth Morcillo in the Odebrecht case came under scrutiny again during the oral arguments phase, which began on February 23. The controversy not only revolves around her reference to probative elements in a file from 2022 that she recommended archiving for considering the evidence insufficient to prove a presumed embezzlement in the construction of Line 1 of the Metro, but also around the alleged lack of new elements to sustain the money laundering charge.
Defense Questions Reiteration of Evidence According to the defense, the Public Ministry has reiterated the same evidence that served as the basis for the call to trial, without providing additional documentation to strengthen the thesis of the financial crime.
What has been presented — they argue — was already known to the Tribunal, the parties, and the public opinion.
One of the most questioned points is the insistence on valuing the testimony of people who did not appear at the hearing and whose statements, according to the lawyers, have been annulled in international instances.
He expressed confidence that Judge Baloisa Marquínez will rigorously evaluate the technical arguments and apply the principle of critical analysis when assessing the evidence.
Position of the former president's defense In the same vein, the defense of former President Ricardo Martinelli rejected granting probative value to the statements of Olmedo Méndez Tribaldo and Brazilian collaborators who, despite plea agreements, did not appear in court.
Attorney Alma Cortés emphasized that since these statements were not formalized or subjected to contradiction, they cannot sustain a conviction and, in any case, must generate reasonable doubt in favor of the accused.
