Volkswacht Bodensee - Maradona wrongful death trial in peril as judge under microscope

The trial, which started more than two months ago, hangs in the balance with several parties seeking the recusal of Judge Julieta Makintach for her alleged involvement in a documentary related to the case.

"There is no irregularity (or) crime," Makintach insisted as the trial reconvened Tuesday after a week-long break to investigate claims that her actions may have constituted a breach of duty, influence peddling or even bribery.

At issue is the alleged use of cameras in the courtroom in violation of a ban on filming the trial.

Makintach has denied participating in or authorizing any filming, but footage shared in Argentine media over the weekend shows her allegedly being interviewed by a film crew.

The possible removal of 47-year-old Makintach, one of three judges presiding over the case, risks nullifying the proceedings.

"What might exist is a major media operation to force me out of this debate, but I will not excuse myself, I did nothing wrong," the judge insisted Tuesday.

Maradona died on November 25, 2020, at age 60, while recovering at home from brain surgery for a blood clot after decades battling cocaine and alcohol addictions.

He 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.

Maradona's medical team is on trial over the conditions of his convalescence at a private home in conditions prosecutors have described as grossly negligent.

- 'Reality show' -

On Tuesday, prosecutor Patricio Ferrari accused judge Makintach of being deceitful.

"I can't get over the shock. Dr Makintach once again lied to all of our faces," he said in court. "This was a reality show" with Makintach acting "like an actress and not a judge," he added.

Fernando Burlando, who represents two of Maradona's daughters, has said he would seek the judge's recusal.

If she is removed from the case, it must be determined whether she can simply be replaced, or whether the trial must start afresh.

"This is a scandal of such magnitude that the whole world is talking about Argentine justice as the worst example," Burlando told local radio last week.

A producer, in a deposition seen by AFP, said they were filming for a documentary about Makintach, as "a judge and a woman," but not the trial itself.

But many of the parties in the matter feel the process has been tainted.

"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.

The defendants 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 case so far has focused on the decision by Maradona's doctors to allow him to recuperate at home with minimal supervision and medical equipment, instead of a medical facility.

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.

F.Stadler--VB