The judge at the heart of a scandal surrounding the trial of late football superstar Diego Maradona's medical team stepped down on Tuesday, throwing the future of the high-profile case into doubt.
Julieta Makintach, dubbed the "judge of god" by some local outlets, recused herself after it emerged she had been shooting a miniseries about the months-old trial, potentially breaking a string of ethics rules.
The future of the trial will be decided Thursday. Maximiliano Savarino, another of the court's three judges, scheduled a hearing to “disclose the reasons for the decision” to continue the case with a new judge or annul proceedings to date.
Since March 11, 20 hearings have been held, more than 40 witnesses have testified and evidence has been presented.
Maradona died in November 2020, at age 60, while recovering from brain surgery.
His seven-person medical team is on trial over the conditions of his home convalescence, described by prosecutors as grossly negligent.
After a series of police raids and a one-week suspension of the case, 47-year-old Makintach was on Tuesday accused of violating her impartiality, of influence-peddling and even bribery over her role in the documentary mini-series Justicia Divina.
A trailer for the feature was played in court showing Makintach stalking the halls of justice in high heels as grim details of the footballing legend's demise were relayed.
According to a script, the mini-series would follow Makintach as she "reconstructs the death of Maradona and certain painful milestones of his life related to abandonment."
Footage appeared to contain unauthorised recordings allegedly made inside the courtroom, a clear violation of court rules.
The prosecution requested a retrial of the trial and received support from all parties, with the exception of two of the seven defence attorneys who asked for proceedings to continue with a new judge.
Tuesday's hearing was marked by insults, recriminations, shouting and tears.
In a bitter exchange, prosecutor Patricio Ferrari accused Makintach of behaving "like an actress and not a judge."
As the trailer was played, defense lawyer Rodolfo Baque jumped out of his chair to shout "trash!" at the judge.
Daughter Gianinna Maradona tried to calm him, before she and Maradona's former partner, Verónica Ojeda, both began sobbing uncontrollably.
Makintach sat with her head bowed, biting her lip and eventually said she had "no choice" but to recuse herself as one of the case's three justices.
She had previously denied participating in or authorising any filming, but footage shared in local media over the weekend contradicted those claims.
In one of the videos leaked to the press over the weekend, Makintach declares: "I can't imagine doing anything else [but being a judge]."
Her removal is an embarrassment for Argentina's judicial system and could yet derail a trial being watched by football diehards around the globe.
Maradona – considered one of the world's greatest ever players – died of heart failure and acute pulmonary edema.
Seven defendants 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.
The charges relate to the decision to allow Maradona to recover from major surgery at home, and the conditions of his care.
Gianinna Maradona has claimed her father was kept in "a dark, ugly and lonely" place and that his carers were more interested in money than his welfare.
The court will decide on Thursday whether the trial will go ahead or be scrapped and then restarted.
Some of the plaintiffs have called for a new trial, saying they felt proceedings have been tainted by scandal.
"Everyone now feels that this is compromised," said Mario Baudry, the lawyer for Ojeda, Maradona's ex-partner.
"It's healthiest to start over from scratch," he added.
– TIMES/AFP
Comments