Lawyers, when the facts and the law are against their client, often resort to attempting to gain an advantage on strictly procedural grounds. Former Panamanian President, Ricardo Martinelli, facing corruption charges to the tune of $45m, in the PAN scandal, is trying to torpedo the open investigation. His attorneys have asserted that the Government is guilty of Due Process violations, and that he cannot now be charged.
Strictly speaking, Martinelli's lawyers argue that the Supreme Court committed a procedural error, and that the statutory period (three months) during which an investigation can be conducted has expired, meaning that criminal charges cannot ever be filed against their client. Other procedural roadblocks have also been cited by counsel, but whether any of them have legal merit, or will be ruled upon favorably is not known.
Additionally, Martinelli's lawyers claim that they are going to take their case to the Inter-American Commission on Human Rights, on the violation of Due Process, if Panama's Supreme Court of Justice does not admit its error. They claim he is a victim of political persecution, and that the current president, Juan Carlos Varela, is the person responsible.
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