Judge sets date for closing arguments in Odebrecht bribery case in Panama

Judge Baloisa Marquínez set the start of the arguments of the Odebrecht case for next February 23, after declaring the evidence stage closed in one of the most relevant judicial processes for corruption in the recent history of Panama. The decision came after several days of procedural debate and marks the beginning of a key phase before the court deliberates on possible criminal liabilities in a case involving millionaire bribes and public contracts. During the hearing, the magistrate explained that the court could not keep the evidentiary phase open due to the legal impossibility of summoning a key witness, despite the attempts made by the parties.

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In his intervention, Marquínez detailed that the citation was not finalized through the means recognized in the Judicial Code, which prevented prolonging the process without violating due process. According to the judge, it was appropriate to move towards the arguments, where each party will be able to support their positions in accordance with the law.

The judge also rejected requests to issue  official letters to public institutions in order to locate a person related to the process, considering that this would constitute an act of investigation, a function that does not correspond to the court. Cited article 5 of the Criminal Procedure Code, which establishes the separation of functions between judges and prosecutors, reaffirming that the judicial role is limited to assessing evidence and guaranteeing procedural guarantees. With the decision made, the court ordered that the pleadings sessions will begin at 2:00 p.m., with an initial time of one hour for each lawyer. However, more time will be granted to the defenders who represent more than one defendant, with the aim of ensuring an orderly and complete debate. The judge indicated that the development will be continuous, without unnecessary interruptions, to avoid further delays in a process that has extended for several years. For her part, the senior anti-corruption prosecutor Ruth Morcillo supported the established schedule, after initially requesting that the arguments begin on February 19, after the carnivals. The official pointed out that her request sought to maintain the argumentative coherence of the Public Ministry, especially in relation to the charges filed and the documentary and testimonial evidence presented during the trial. The file includes allegations of alleged payments from Odebrecht accounts linked to former presidents Ricardo Martinelli and Juan Carlos Varela. Archive Morcillo also recalled that in parallel he must participate in another judicial process linked to alleged embezzlement in the remodeling project of the Old Town, assigned to Odebrecht and the company Fomento de Construcciones y Contratas (FCC), which influenced the rescheduling agreed with the defense.

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Finally, the defense lawyers agreed that February 23 was a suitable date to ensure the comprehensive preparation of their pleadings.

The Odebrecht trial in Panama is part of a regional network of investigations stemming from the bribery scheme operated by the Brazilian construction company in several Latin American countries. In the Panamanian case, the file focuses on illegal payments linked to infrastructure contracts, including road projects, public works, and concessions granted during different governments. According to the investigation, the bribes would have been channeled through offshore companies, financial intermediaries and accounts abroad, with the aim of securing awards and facilitating irregular payments. Part of the funds returned to the State corresponds to the partial payment of the fine imposed on the Brazilian construction company. Authorities have documented millionaire transfers and the participation of businessmen,  former officials and financial operators, configuring a complex network of transnational corruption. In the judicial process, the Public Prosecutor's Office maintains that the illicit funds directly affected public finances and distorted state contracting mechanisms. During the evidentiary stage, bank reports, testimonies, financial appraisals, and international documents were incorporated, which, according to the Prosecution, evidence the existence of an organized structure for the payment of bribes. The defense, for its part, has questioned the validity of some evidence, the chain of custody of certain documents and the interpretation of financial transactions carried out more than a decade ago. They have also alleged alleged violations of due process and lack of direct evidence against some of their representatives. Prosecutor Ruth Morcillo highlighted the progress in the restitution of funds and the impact of the agreements reached with the accused. Courtesy MP The pleadings stage will now allow each party to systematically present their interpretation of the file, highlight the evidence they consider decisive, and reinforce their legal arguments. For the Prosecution, it will be the moment to formally request convictions and sanctions, while the defenses will seek to discredit the charges and request acquittals. Morcillo detailed that of the total recovered, around 74 million 701 thousand dollars correspond to the partial payment of the fine imposed on Odebrecht by the Panamanian justice system, while another 10 million 692 thousand dollars come from agreements reached with defendants within the criminal process.

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The prosecutor emphasized that these resources represent one of the largest processes of asset recovery linked to a corruption case in the country, although she warned that there are still amounts pending judicial definition. Additionally, the official revealed that, preliminarily, the value of the assets, bank accounts, and financial resources seized during the process ranges between 26 and 27 million dollars, which are still subject to judicial decisions.

Morcillo did not rule out that the final recovery figure will be higher, taking into account ongoing processes and assets that remain in the custody of the State. It is worth remembering that the total fine imposed on Odebrecht in Panama amounts to 220 million dollars, so the authorities continue to seek legal mechanisms to expand the restitution of public funds.