A new trial into the circumstances of and culpability for the death of Diego Maradona will begin next March with three weekly hearings and a reduced list of witnesses.
In a ruling issued by Oral Criminal Court (TOC) No. 7 in San Isidro, the accused – seven healthcare professionals who cared for the legendary footballer towards the end of his life – were informed they would stand trial starting March 17.
A reduction in the number of witnesses requested by the prosecution, which still needs to be agreed with the defence, is expected.
Maradona – widely regarded as one of the world’s greatest-ever players – died on November 25, 2020, aged 60, while recovering at home from brain surgery for a blood clot, after decades battling cocaine and alcohol addiction.
According to the casefile, he died of heart failure, acute pulmonary oedema and dilated cardiomyopathy, just two weeks after going under the knife.
A previous trial was cancelled in May after it emerged that one of the case’s judges had taken part in a secret documentary about the proceedings.
The scandal led to the dismissal of Judge Julieta Makintach from her post last month and wiped out more than 20 court hearings and 44 witness statements.
A new three-judge panel in San Isidro – composed of Alberto Ortolani, Pablo Rolón and Alberto Gaig – was appointed in July to conduct a fresh trial.
Tuesday’s hearing was flooded with requests to dismiss the case by defence teams representing the seven defendants accused of homicide with possible malice aforethought (dolo eventual) – pursuing a course of action despite knowing it could lead to death of the footballer.
The hearings for the new trial "will be held three days a week" starting on March 17, said Alberto Gaig, one of the judges on the court, at the end of a preliminary hearing on Tuesday.
The court approved a reduced list of about 90 witnesses and a preliminary list of evidence to be used in the future trial.
Both items still need to be agreed upon, but this will be done privately and will not change the trial start date, prosecutor Cosme Iribarren told the AFP news agency.
The judges rejected appeals filed by the defence to suspend this preliminary hearing until other requests by the defendants currently before the Court of Appeals are dealt with.
"Despite all attempts to prevent it from happening, you have a trial date! We will continue to fight and face everything that comes our way so that you get the justice you deserve!" celebrated Dalma Maradona, one of the late star’s daughters, in a post on Instagram.
Defence lawyers have been pushing for the trial to be declared null and void, based on the principle that a person cannot be tried twice for the same offence.
“They are essentially proposing to hold two trials here, and that is not allowed,” said Nicolás D’Albora, a lawyer for one of the accused, on Monday.
"By rushing, they are going to end up doing more damage to this case," he said.
The three daughters of the former Argentine footballer, Dalma, Gianinna and Jana, were present at the hearing.
Maradona’s medical team has been charged over the conditions of his home care, which prosecutors described as grossly negligent.
Seven of Maradona’s caregivers face prison terms of 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.
The defendants are neurosurgeon and family doctor Leopoldo Luciano Luque, psychiatrist Agustina Cosachov, psychologist Carlos Ángel Díaz, medical coordinator Nancy Forlini, nursing coordinator Mariano Perroni, clinician Pedro Pablo Di Spagna, and nurse Ricardo Omar Almirón.
An eighth defendant, nurse Gisela Madrid, will be tried separately before a popular jury in Oral Criminal Court (TOC) No. 3.
– TIMES/AFP
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