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In San Isidro, Argentina, the trial of seven healthcare professionals accused of negligence in the death of football legend Diego Maradona continues to be embroiled in controversy over allegations of bias against Judge Julieta Makintach. The trial, which started over two months ago, was temporarily halted last week due to concerns about Makintach's involvement in a documentary related to the case.
Defense lawyers argue that the judge's participation in the documentary constitutes a possible breach of impartiality, influence peddling, and even bribery. The controversy has raised questions about Makintach's continuing involvement in the trial, with the possibility of her removal from the case. Should she be removed, the proceedings risk being nullified, leaving unclear whether a new panel of judges would need to be convened or if Makintach could simply be replaced.
Maradona, a renowned Argentine footballer, passed away on November 25, 2020, at the age of 60, following brain surgery for a blood clot. His death was due to heart failure and acute pulmonary edema, two weeks after the surgery, and was discovered by his day nurse. The medical team responsible for Maradona's convalescence at his private home is on trial, with prosecutors describing his care during his final days as grossly negligent.
The trial is set to reconvene on Tuesday, during which at least one lawyer is expected to ask for Makintach's recusal. If Makintach is indeed removed, the next steps will determine whether the trial continues with a new judge, or is set to begin anew with a fresh panel.
Fernando Burlando, a lawyer for Maradona's daughters, expressed public concern, stating, "This is a scandal of such magnitude that the whole world is talking about Argentine justice as the worst example." At issue is the unauthorized recording of the trial, and Makintach's role in the documentary. While Makintach initially denied any involvement, footage shared in Argentine media over the weekend appears to show her being interviewed by a film crew on the eve of the trial starting.
A producer, in a deposition, stated that they were filming a documentary about Makintach, but not the trial itself. However, Burlando, as well as other lawyers for Maradona's ex-partner and family, have rejected this explanation and expressed concerns about the trial's integrity.
The defendants risk prison terms between eight and 25 years if convicted of "homicide with possible intent," a charge stemming from pursuing a course of action despite knowledge that it could potentially lead to death. The case has thus far focused on Maradona's doctors' decision to allow him to recuperate at home with minimal supervision and medical equipment, rather than a medical facility. In her testimony, Maradona's daughter Gianinna claimed her father's caretakers kept him in a "dark, ugly and lonely" place, and were more interested in money than his welfare.
- The controversy surrounding Judge Julieta Makintach's involvement in a documentary related to the trial of seven healthcare professionals accused of negligence in Diego Maradona's death continues to raise questions about her impartiality in the court.
- Defense lawyers argue that Makintach's participation in the documentary may constitute influence peddling, bribery, and a breach of impartiality, potentially leading to Makintach's removal from the case.
- The general-news and crime-and-justice sectors are closely following the trial, as Makintach's potential recusal could have significant implications for the case, including the possible nullification of the proceedings or a need for a new panel of judges.
- In the sports sector, the ongoing trial has brought attention to the standard of care provided to athletes, particularly in situations where recuperation occurs outside of a medical facility, as seen in Maradona's case.
