MercoPress. South Atlantic News Agency

Maradona Case likely to end up in mistrial due to Judge's misdeeds

A mistrial is most likely to be declared Tuesday given the unlawful behavior of Judge Makintach

Prominent Argentine criminal lawyer Fernando Burlando announced he would be requesting the impeachment of San Isidro Judge Julieta Makintach, whose involvement in an unauthorized documentary reporting on the trial against former football legend Diego Maradona's medical team has left the proceedings on the brink of annulment.

Makintach, one of the members of the three-judge court handling the case, is under scrutiny for her alleged involvement in illegal recordings, some of which went public Sunday. Makintach is coached by a production team for various shots.

In light of these revelations, Burlando foresaw that the malpractice trial is more than likely to be suspended on Tuesday, going back to square one after more than two months.

After Makintach's impartiality was questioned, a probe into the matter was launched. She denied any wrongdoing but admitted the unauthorized individuals recording the events were personal acquaintances of hers. She even volunteered to step down from the bench, if need be.

Maradona passed away on Nov. 25, 2020, in a house he had rented for his off-hospital recovery after brain surgery. The health care professionals are charged with neglecting him. The prosecution argues that the 1986 World Cup winner's death would not have been inevitable had he received proper assistance.

“I understand everyone's anxiety. I am convinced of my [alleged] bias. I will give the explanations of the case. To denounce a judge, you have to have well-founded reasons,” Makintach said while volunteering to step down if her permanence jeopardized the trial's validity. “Maybe I will be the one to step aside,” she insisted. “They need the evidence and the reasons to substantiate,” Makintach had argued before the video evidence went public.

Surgeon Leopoldo Luque's lawyer, Julio Rivas claimed that Makintach improperly authorized cameras into the first hearing, with two people having recorded the session with no press credentials. And thus raised questions about the magistrate's impartiality. “Makintach has authorized people to have cameras on the first day of hearing when the Court had prohibited the access of cameras,” Rivas underlined while noting that she had acted in an inquisitorial manner toward the witnesses.

“There is no crime, there is no documentary or contact with production companies, and the trial has no irregularities,” insisted Makintach, who has a 27-year career within the Judiciary.

In the footage released during the weekend, there are several excerpts where Makintach is seen being guided by a production team to carry out several takes, which were later to be edited together to conclude the documentary. Another portion shows her filming inside the courtroom during the first hearing. In this shot, the judge is in the foreground, having a discussion with attorney Rodolfo Baqué during the opening of the arguments. The clip was ostensibly recorded illegally, given the camera's position.

Burlando is not the only one who foresees a mistrial to be declared Tuesday following the evidence gathered in raids ordered by Chief Justice Maximiliano Savarino.