The neurosurgeon lawyers Leopold Luqueone of those accused of the death of Diego Armando Maradonathey requested on Monday the challenge of two of the judges that make up the court of the new process, which has not yet begun and that follows the suspension in May of the first trial for the departure of one of the magistrates.
Lawyers Francisco Oneto and Julio Rivas formally requested the challenge of judges Alberto Gaig and Pablo Rolón, claiming a “accurate fear that they will not be impartial.” Among the reasons wielded, they mentioned the presence of both judges in the draw that determined the composition of the court, something that, they considered, demonstrates an intentionality to be part of the trial and its lack of neutrality.
In their request, the lawyers also highlighted Gaig’s intervention during the first trial for Maradona’s death, during which he was one of those who resolved to challenge against Judge Julieta Makintach, whose departure from the process for his participation in a documentary about the debate, culminated in his annulment on May 29.
The lawyers also questioned Gaig’s actions and tone during the preliminary hearing of July 18, which was suspended before the lawyers’ request to respect the deadline to evaluate a possible challenge of the magistrates, who expires on Tuesday.
During that hearing, which had as the first objective that the parties lend compliance with the new court, Gaig responded, on the character, the approaches of the parties, interrupting lawyers with sharp questions and accelerating the debate. “This hearing is not going to interrupt, we will move on,” said the judge. After a heated debate, the judges decided to call a break, after which they agreed to extend the deadline until Tuesday, August 5.
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In his request on Monday, Luque’s lawyers argued that Judge Rolón did not intervene before Gaig’s attitude and “did nothing to correct, stop or even notice the manifest irregularities that were being committed.”
“Dr. Rolón had the opportunity to act as an impartial judge, but chose to be a spectator. And in terms of impartiality, the omission also compromises,” added Oneto and Rivas, who did not present objections to the participation in the trial of the third magistrate of the court, Alberto Ortolani.
The trial began on March 11
The process, which seeks to determine if eight health professionals are guilty of simple homicide for Maradona’s death, began on March 11 and was suspended after revealing that Judge Makintach starred in an unauthorized documentary about the debate, entitled ‘Divine Justice’.
After the challenge, the Prosecutor’s Office and the lawyers of almost all the parties argued “horizontal pollution” and asked that the other two judges of the Court, Maximiliano Savarino and Verónica Di Tomasso, who accepted the application and decreed the nullity of the trial, were also challenged.
