Anger as Maradona death trial annulled due to disgraced judge

After two months of hearings and testimony from over 40 witnesses, the trial into the death of Diego Maradona has collapsed in disgrace.

A judge on Thursday annulled the trial of seven people accused of medical negligence in the legendary footballer’s death following a scandal involving one of the three judges leading the case.

"All parties having been heard, the court's resolution is made known, which is the nullity of the trial," declared Judge Maximiliano Savarino, the head of Oral Criminal Court (TOC) No. 3 of San Isidro, where the trial was taking place.

"The trial must now be heard by another criminal court," he ruled.

A new trial will have to start from scratch, with three new judges. The retrial does not yet have a date and a new court must be chosen by lottery. All parties will also have the opportunity to challenge the new judges once selected.

The high-profile case has fallen apart amid deep controversy. Judge Julieta Makintach was forced to step down from the case this week after it emerged she had been involved in a documentary mini-series about the case, potentially breaking a string of ethics rules.

Savarino annulled the trial by saying Makintach's behaviour had "caused prejudice" to proceedings that have already heard hours of painful, sometimes tearful, testimony from witnesses including three of Maradona's children. 

He laid full responsibility on his colleague, saying her conduct alone led to the collapse of the trial. He said that both he and fellow judge Verónica Di Tomasso had done all they could to uphold the integrity of the trial. 

Di Tomasso also excused herself from further participation. Paraphrasing a famous quote by Maradona, she declared: “Someone made a mistake and paid for it, but justice itself is not stained.”

Reaction inside and outside the court was instant. "I am not calm. I am angry. I hate them!" the footballer's daughter Jana Maradona yelled to reporters outside the court. "I’m not at peace with this decision. I’m furious."

Maradona’s ex-partner Verónica Ojeda described the events as "outrageous," adding that she felt “a lot of anguish and sadness.” But she added: "If I have to do it [testify] a thousand times more, I will." 

Maradona, one of the world's greatest-ever players and one of Argentina’s most-beloved sons, died in November 2020 aged 60 while recovering from brain surgery.

He was found to have died of heart failure and acute pulmonary edema – a condition where fluid accumulates in the lungs – two weeks after going under the knife.

His seven-person medical team is on trial over the conditions of his home convalescence, described by prosecutors as grossly negligent.

‘Divine Justice’

In a trial that kicked off on March 11, prosecutors alleged the former footballer was abandoned to his fate for a "prolonged, agonising period" before his death.

Daughter Gianinna Maradona told the court her father was kept in "a dark, ugly and lonely" place and that his carers were more interested in money than his welfare.

Then proceedings hit a hiccup and a media scandal broke, with Makintach coming under scrutiny over alleged unauthorised filming.

She denied any wrongdoing, but after police raids and a week-long suspension of proceedings, evidence came to light that brought the 47-year-old judge's conduct into question.

Local media published leaked clips and footage from the filming which contradicted her claims.

A trailer for the TV show – dubbed Justicia Divina ("Divine Justice") – was played in court Tuesday. It showed Makintach stalking the halls of justice in high heels as grim details of the footballing hero's demise were relayed. 

The footage, which sparked an uproar, also appeared to contain unauthorised recordings made inside the court. It even showed Makintach being interviewed on camera, despite her previous claims that she was not involved. 

Other images and parts of the documentary’s script were also presented in court that day, after which the judge immediately stepped down from the case.

Makintach has been suspended from her duties for 90 days and is being investigated by a judicial disciplinary body, accused of violating impartiality requirements, influence-peddling and possibly even bribery. 

The Supreme Court of Buenos Aires Province has formally suspended her and referred the case to the judiciary's disciplinary commission. She is likely to be ousted from the bench.

Retrial

The prosecution, plaintiffs and most of the defence lawyers had asked for a new panel of judges to be appointed and the trial restarted.

No date has been set, but the prosecution has said it hopes for a restart this year. Any possible appeals could delay the resumption of proceedings.

Seven of Maradona's caregivers risk prison terms between eight and 25 years if convicted of homicide with possible malice aforethought (dolo eventual) – pursuing a course of action despite knowing it could lead to death.

An eighth defendant, nurse Gisela Madrid, will be tried separately.

As a result of the annulment, all witness testimony to date, including emotional accounts from Maradona’s children and expert forensic evidence, will be voided. 

The entire evidentiary process must now begin again too. Several pieces of evidence, including those obtained from searches of Clínica Olivos and the Medidom home care provider, may now be inadmissible or contested. 

Leopoldo Luque, Maradona’s former neurosurgeon and one of the main defendants, said the situation was “devastating.”

– TIMES/AFP/PERFIL