https://www.laestrella.com.pa/panama/moises-bartlett-fallo-en-brasil-podria-impactar-caso-odebrecht-en-panama-BA7534289

The decision of the Supreme Federal Court in Brazil, declaring “absolute nullity” of the judicial acts in the “Lava Jato” case against Marcelo Odebrecht, raises questions about the effects of that ruling on the processes in Panama. A plot that includes 25 high-profile defendants, including former presidents Ricardo Martinelli and Juan Carlos Varela.

In the opinion of criminal lawyer and legal consultant Moisés Bartlett, the decision could call into question some elements derived from the case annulled in Brazil and that are incorporated in the Panama file.

“A criminal investigation cannot be organized solely by relying on evidence obtained abroad, nor on this type of international assistance. “Both the investigation and the process must be protected through sufficient means of evidence to prevent this type of situation,” Bartlett said this Thursday on “Cover Page” of La Estrella de Panamá.

Although it is known that the file contains other elements of evidence, such as testimonies from Panamanians, documents and other international assistance, the lawyer insisted that a solid case for the Public Ministry (MP) cannot depend exclusively on evidence from foreigners, especially if they are questioned. In this scenario, the defense can object to that evidence because it considers it flawed.

The above, he explained, is framed within the doctrine of the fruit of the poisoned tree, a legal figure in which if the evidence is obtained illicitly or contains defects, it will be null. It was precisely the violation of “due process” and the lack of reliability in the evidence that were the main arguments of the Brazilian justice system to annul the case against the former head of Odebrecht.

“I want to think, for the sake of justice, the MP has foreseen that the rest of the body of evidence will provide support. In addition, the investigative proceedings prior to the trial will also provide support,” he said.

Bartlett expressed his concern considering that from the beginning there was “negligent” handling by the MP, in particular the delay with the opening of the investigation and the attention to requests from other nations about the case, leaving Panama as the only one Latin American state without convicts for the Odebrecht scandal, despite the fact that the company confessed to having paid millionaire bribes in the country.

“There was a deficient and negligent investigation by the MP (…) consequently the fundamental pieces for the imposition of charges and the call for trial were the denunciations given by former Odebrecht collaborators. That put the process in a weak position, because we now depend on a decision made abroad,” he said.

The jurist emphasized that the result and how the trial develops can strongly strengthen or harm credibility in the justice system. “Regardless of the background of non-guilt or innocence, society requires that justice give results that can be understood as complying with due process (…) there is no democracy without justice.”