US embassy cable - 05PANAMA2292

UNCLAS SECTION 01 OF 02 PANAMA 002292 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR WHA/CEN AND INL/LP 
 
E.O. 12958: N/A 
TAGS: SNAR, PGOV, PREL, PM, NU, NAS 
SUBJECT: PANAMA HEARING IN ALEMAN CASE POSTPONED AS DEFENSE 
LAWYERS CALL IN SICK 
 
REF: PANAMA 2020 
 
1. (SBU)  Summary:  Panama,s November 23 hearing in the 
money laundering case against former Nicaraguan President 
Arnoldo Aleman and cronies was postponed until March 30 after 
defense attorneys failed to appear due to alleged health 
problems.   The next step in Panama will be for prosecutors 
to request arrest warrants against the accused to compel 
their attendance at the next hearing.  Panama's Public 
Ministry remains committed to seeing justice done in this 
case.  End Summary. 
 
Aleman Attorney Calls in Sick 
----------------------------- 
 
2. (SBU)  Panamanian judge Giniva Ladron de Guevara postponed 
the scheduled November 23 hearing in the case against former 
Nicaraguan President Arnoldo Aleman and cronies after defense 
attorneys informed her that they were unable to appear for 
health reasons.  This comes after Aleman co-accused Flores 
Lovo unexpectedly changed lawyers on the eve of the hearing. 
The hearing has been rescheduled until March 30 in order to 
give court appointed public defenders time to prepare for the 
case, in the event that the defense attorneys again fail to 
appear.  In moving to appoint public defenders the judge is 
signaling that the defense cannot adopt the same stalling 
tactics in March. 
 
3. (SBU)  A DHS/ICE S/A who attended the hearing reported 
that Panama,s anti-corruption prosecutor Mercedes de Leon, 
who had been working diligently with U.S. assistance to 
prepare the case, was noticeably disappointed with the 
postponement.  De Leon later told us that she had spoken with 
the judge, who has also lost patience with defense maneuvers. 
In the days leading up to the hearing, De Leon had been vocal 
in countering efforts by the defense to argue their case in 
the media.  Nicaraguan Attorney General Novoa and Prosecutor 
Lara, in Panama for the hearing, had nothing but praise for 
their Panamanian counterparts.  The case has attracted 
widespread media coverage in Panama. 
 
Next Steps: Prosecutors May Seek Arrest Warrants 
--------------------------------------------- --- 
 
4. (SBU)  Aleman and his cronies may have unwittingly 
strengthened the ability of prosecutors to successfully argue 
for the issuance of arrest warrants in the case. Aleman and 
his cronies have exhausted their legal appeals in Panama to 
avoid the hearing, and the stunt that they pulled in 
postponing today,s hearing can only be used once. The Public 
Ministry appears inclined to seek arrest warrants, and we 
will follow up with the anti-corruption prosecutor's office 
(Note: It is not clear whether Mercedes de Leon will continue 
to manage the case or whether it will revert to Prosecutor 
Cecilia Lopez when she returns from vacation November 30.) 
 
5. (SBU)  In recent days, the judge had indicated publicly 
and privately that she sees merit in the case going forward. 
During a November 16 roundtable on financial crimes sponsored 
by DHS/ICE and NAS Panama, the judge stated her view that the 
existence of a crime according to Panamanian law negated the 
need to show that the predicate offense had taken place 
elsewhere.  For her part, AG Gomez has consistently stated 
her view that it is important for countries in the region to 
demonstrate that political figures are not immune from facing 
justice. 
 
Panamanians Ask About U.S. Prosecution 
-------------------------------------- 
 
6. (SBU)  While making it clear that they will continue to 
pursue their case against Aleman, Panamanian officials 
regularly ask about the status of U.S. efforts to bring the 
former Nicaraguan President to task for crimes committed in 
the United States.  Embassy Panama City DHS/ICE S/A will 
travel to Managua the week of November 28 to debrief 
potential witnesses and develop information that could be 
used in a future U.S. prosecution of Aleman. 
 
COMMENT 
------- 
 
7. (SBU)  From the Attorney General down to the prosecutors 
and investigators, everyone in Panama's Public Ministry 
involved in this case is committed to seeing Aleman face 
justice.  While this latest postponement is a disappointment, 
we do not anticipate that there will be any lessening of 
Panamanian resolve.  Panama also remains willing to cooperate 
with USG officials in the event of a decision to prosecute 
the Aleman case in the U.S. 
EATON