The lawyers for neurosurgeon Leopoldo Luque, one of the accused in the death of Diego Armando Maradona, requested on Monday the recusal of two of the judges who make up the tribunal of the new process, which has not yet begun and which follows the suspension in May of the first trial due to the absence of one of the magistrates.
The lawyers Francisco Oneto and Julio Rivas formally requested the recusal of judges Alberto Gaig and Pablo Rolón, alleging a “certain fear that they will not be impartial”.
Among the reasons cited, they mentioned the presence of both judges in the draw that determined the composition of the tribunal, something that, they considered, demonstrates an intention to be part of the trial and their lack of neutrality.
In their request, the lawyers also highlighted the intervention of Gaig during the first trial for Maradona’s death, during which he was one of those who resolved recusal requests against Judge Julieta Makintach, whose removal from the process due to her participation in a documentary about the debate, culminated in its annulment on May 29.
Conflicts in the Preliminary Hearing
The lawyers also questioned Gaig’s behavior and tone during the preliminary hearing on July 18, which was suspended due to the lawyers’ request to respect the deadline for evaluating a possible recusal of the magistrates, which expires this Tuesday.
During that hearing, which had as its first objective that the parties agree on the new tribunal, Gaig responded, firmly, to the parties’ statements, interrupting the lawyers with pointed questions and accelerating the debate. “This hearing will not be interrupted, we will continue,” the judge decreed.
After a heated debate, the judges decided to call a recess, after which they accepted extending the deadline until this Tuesday, August 5.
The Impact of the Documentary on the Process
In their Monday request, Luque’s lawyers argued that Judge Rolón did not intervene against Gaig’s behavior and “did not do anything to correct, slow down or even warn the obvious irregularities that were being committed”.
“Dr. Rolón had the opportunity to act as an impartial judge, but chose to be a spectator. And in matters of impartiality, omission also compromises,” added Oneto and Rivas, who did not object to the participation of the third magistrate of the tribunal, Alberto Ortolani.
The process, which seeks to determine whether eight healthcare professionals are guilty of simple homicide for Maradona’s death, began on March 11 and was suspended after it was revealed that Judge Makintach starred in an unauthorized documentary about the debate, titled ‘Divine Justice’.
