A judge under fire in the trial over Argentine football legend Diego Maradona’s death stepped aside on Tuesday after defense lawyers questioned her impartiality.
Julieta Makintach, one of three judges in the case, said she had “no choice” but to recuse herself following a furor over her involvement in a documentary touching on the case.
Her exit means Makintach might be replaced in the trial or it might even start over from scratch.
Maradona died on November 25, 2020, aged 60, while recovering in a private home from brain surgery for a blood clot.
His seven-person medical team is on trial over the conditions of his home convalescence, described by prosecutors as grossly negligent.
The trial has been hanging by a thread for the past week after it emerged that Makintach was interviewed for a documentary relating to the case, for which unauthorized recordings were allegedly made inside the courtroom.
Defense lawyers argued Makintach’s actions may have constituted a breach of her duty to be impartial, as well as influence peddling and even bribery.
Faced with demands for her recusal, the court suspended the trial a week ago.
Makintach roundly rejected any bias but, under pressure, finally agreed to step down from this case.
“Given the request of all parties, I have no choice but to grant the recusal,“ she said.
‘Dark, ugly and lonely’
Her removal means the proceedings might be nullified.
At issue is the alleged use of cameras in the courtroom in violation of a ban on filming the trial.
Makintach, 47, denied authorizing any filming during the trial, but her credibility was questioned after a trailer for a documentary showed her being interviewed by a film crew and walking through the courtroom.
Maradona died of heart failure and acute pulmonary edema two weeks after going under the knife and was found dead in bed by his day nurse.
The people responsible for his medical care in the final days of his life risk prison terms between eight and 25 years if convicted of homicide with possible intent — pursuing a course of action despite knowing it could lead to death.
The charges relate to their decision to allow him to recover at home and the conditions of his care.
In her testimony, Maradona’s daughter Gianinna said her father’s carers had kept him in “a dark, ugly and lonely” place and claimed they seemed more interested in money than his welfare.
Some of the plaintiffs in the case called for a new trial, saying they felt the current proceedings has been tainted by the scandal involving Makintach.
“Everyone now feels that this (trial) is compromised,“ said Mario Baudry, the lawyer for Maradona’s ex-partner Veronica Ojeda.
“It’s healthiest to start over from scratch,“ he added.
