Panamanian district attorney exposes defense tricks
POSADA CARRILES’ TRIAL
• In an exclusive statement to Granma International, Arquímedes
Sáez
Castillo affirms that he is resisting the defense appeal and will be present
before the new judge on March 15
BY JEAN-GUY ALLARD—Special for Granma International—
ROGELIO Cruz, defense lawyer for terrorist Luis Posada Carriles has
deliberately provoked a hostile environment in order to gain Judge Enrique
Paniza’s withdrawal from the upcoming trial. The proposal is that the trial
judge should “not be familiar” with the DA’s report or the “evidence presented
and the object of evidence to be presented,” the Panamanian district attorney
Arquímedes Sáez Castillo, who is directing the proceedings,
informed Granma
International.
On February 13 the Supreme Court of Justice (CSJ) announced the decision
by acting judge José Hoo Justiniani to resume the hearing against
terrorists
Luis Posada Carriles, Pedro Crispín Remón, Gaspar
Jiménez Escobedo and
Guillermo Novo Sampol.
The hearing was suspended in November and in January due to legal appeals
by the defense that provoked the withdrawal from the case of the former
judge, Enrique Paniza.
In Panama on the day of the new hearing was announced, Cuban Foreign
Minister Felipe Pérez Roque revealed that this country was coming
under
pressure from the Cuban-American mafia to favor the detained
counterrevolutionaries.
DEFENSE EFFORTS TO CONFUSE THE JUDGE
“Firstly, during the whole proceedings, the defense team for the accused
had
been attempting to confuse the judge in relation to the legal situation
of the
crimes being investigated, but as far as possible, the DA has opposed
everything that the defense put forward, by collaborating with the court
and
the upper spheres of the Panamanian justice system to clarify the penal
charges under investigation,” DA Sáez stated.
The attorney recalls how, during the preliminary hearing in September of
last
year, the defense resorted to a series of tricks that were opposed both
by the DA
and the four prosecution lawyers in the case. “I particularly did not allow
it. I
was totally opposed. And the Fifth Circuit judge took up all the opposition
moves presented to him.”
At the same time, the lawyer for Posada and his accomplices displayed an
open disrespect toward the judge, accusing him of a lack of impartiality
and
making offensive and hostile commentaries to the press.
“Clearly, all this had a hidden motive, which was to try to confound the
judge
in the hearing, but he did not succeed, and the judge dictated a ruling,”
Sáez
commented.
“In this situation, the defense strategically lodged a formal complaint
against
the judge, with the evident intention of creating an hostile environment
in
order to force his withdrawal from the case and replace him with another
judge who has not read the trial documents or familiarized himself with
the
evidence presented and the objective of evidence to be presented. That
would
be an advantage, but for the public Ministry and for me as a prosecuting
attorney, it would be a total disadvantage given that the judge (Paniza)
already has a general perception of the proceedings, above all when has
been
called to trial.”
Thanks to these procedural maneuvers, lawyer Cruz finally managed to get
the sixth circuit judge to accept the impediment “that to all accounts
is illegal.”
“Logically, I was opposed to that decision and appealed it, then I presented
a
constitutional guarantee writ by arguing: first that there was no legal
case for
admitting the impediment of the fifth circuit judge being aware of the
trial
proceedings; second, accepting this thesis would be a disastrous precedent
for
the justice system, as it would become a defense technique to remove a
judge
who does not suit the personal interests of their clients; and third, because
this
would lead to the additional consequence of even further delays in the
proceedings.”
Sáez, who won public admiration during the preliminary hearing last
September and for his determination in the search for the truth in this
already
notorious case, confirmed that, despite the circumstances, he will be present
in
court on March 15, the date set for the start of the trial.
“On January 5, 2004, I left for Spain to undertake some studies and then
moved on to the United States for an Anti-Terrorism tour. Returning to
Panama on February 14, I heard to my surprise that the new judge had
already set the date of the hearing for March 15 to 19. In that context,
one of
my questions did not arise; in other words my fear of the hearing not taking
place quickly.
“Bearing this in mind – the upcoming hearing – I have decided to desist
today
(February 19) from the appeal writ, so that the hearing can go ahead on
the
anticipated date, and to risk myself before the new judge, although of
course
the Public Ministry has the legal resources to appeal to other instances
if the
finding should be adverse to its petition, so the issue of the judge no
longer no
longer bothers me,” concluded the respected lawyer, confirming his presence
before Judge Hoo.
LONG CAREERS AS INTERNATIONAL TERRORISTS
Posada Carriles, Remón, Jiménez and Novo are facing charges
for possession
of explosives, threatening the collective security and public order, and
illegal
association with intent to commit a crime. These charges were brought after
they were arrested and found in possession of 40 kilograms of military
explosives with which they were planning to dynamite the auditorium at
the
University of Panama where thousands of people were going to listen to
Cuban President Fidel Castro speak.
Posada, a fugitive from Venezuelan justice, and his accomplices possess
long
careers as international terrorists spanning more than four decades.
• Posada was implicated in the assassination of President Kennedy to the
point
that some experts have physically placed him in Dealey Plaza with his finger
on the trigger. He was found guilty in Venezuela for the mid-flight sabotage
of
a Cubana passenger plane in 1976, but escaped from jail thanks to his sponsors
in Miami and the CIA. He was involved with the CIA in the famous
Iran-Contra scandal, one of the largest in the United States in recent
decades,
and was later a security advisor to the presidents of El Salvador and
Guatemala. After being interviewed by the FBI – who refused to arrest him
–
he organized a series of attacks in Havana in 1997 and three consecutive
assassination attempts against the Cuban president.
• Pedro Crispín Remón killed Félix García Rodríguez
– a Cuban diplomat to
the UN – in the middle of the street in New York, and gunned down a
Cuban-American from New Jersey, José Eulalio Negrín, with
a MAC-10, in
front of his 12-year-old son.
• Guillermo Novo Sampol, in addition to leading various terrorist networks
for
years in New Jersey, participated in the assassination of Chilean ex-foreign
minister Orlando Letelier and his collaborator Ronni Moffit, and headed
operations by the sinister CORU that carried out more than 50 attacks from
Canada to Argentina in which he personally participated.
• Gaspar Jiménez Escobedo, also a fugitive from justice, killed
Artaigñan Díaz
Díaz, a Cuban fishing official in Mexico, later escaping from jail.
Later, he
ordered the murder of two Cuban diplomats in Argentina, Crescencio
Galañena Hernández and Jesus Cejas Arias, who were buried
in the
foundations of a building under construction. That operation was carried
out
with the complicity of the Chilean DINA and its Argentine “correspondents.”