A court in Argentina has declared a mistrial in the case of seven health professionals accused of negligence in the death of soccer legend Diego Maradona, the latest dramatic twist in a trial that has captivated the nation and the soccer world for more than two months.
The whiplash decision on Thursday comes after one of the three judges overseeing the trial stepped down over criticism surrounding her participation in a forthcoming documentary about the case.
Judge Julieta Makintach’s withdrawal compelled her two fellow judges to either appoint a new colleague in her place or restart the entire case from scratch.
On Thursday, the judges decided the latter, effectively turning the clock back on all proceedings in the case that accuses Maradona’s medical team of failing to provide adequate care for the soccer star in his final days.
Reading the decision to annul the trial, the president of the court, Judge Maximiliano Savarino, said: “Judge Makintach did not act impartially. Her conduct caused harm both to the prosecution and to the defence.”
He lamented: “The trial was being properly conducted by everyone, except for one person.”
His colleague, Judge Verónica Di Tommaso, added: “There was one person who made a mistake and will have to keep giving explanations, but that person is not the justice system. Justice cannot be stained.”
Two of Maradona’s daughters who were in court for the hearing, Dalma and Gianinna, began to cry, according to Argentine newspaper La Nación. Another daughter, Jana, was also present, along with the mother of Maradona’s youngest son and the seven defendants.
Maradona died in November 2020, at the age of 60, days after undergoing surgery to remove a blood clot from his brain.
His medical team – four doctors, two nurses and a psychologist – is being charged with simple homicide with possible intent, for having allowed him to recover at home.
According to prosecutors, the medical attention Maradona received during his home care was “reckless, deficient” and “unprecedented”.
After Makintach’s involvement in the documentary series was revealed, prosecutors, defence attorneys and members of Maradona’s family called for the trial to be annulled. The case had already gone through 21 sessions since it began in March.
Now, the Chamber of Appeals and Guarantees in Criminal Matters of San Isidro, in the metropolitan area of Buenos Aires, is expected to hold a new draw to appoint a fresh panel of judges who will conduct the trial from the beginning.
The turning point in the case came a few days ago, when allegations emerged that Makintach was involved in covert filming of the legal proceedings.
The trial was suspended for a week so that prosecutors could investigate the claims, and last Tuesday, they presented their findings in court – including a one-minute-50-second trailer that showed the judge being filmed from several angles as she arrived at and walked around the courthouse.
In the video, she is described as “the judge behind D10S”, a reference to Maradona’s “divine” nickname – a play on the Spanish word for God (Dios) and the iconic number 10 jersey worn by one of the greatest players of all time. The name of the series was “Divine Justice”.
Besides giving an interview for the miniseries, the judge allegedly allowed the film crew unauthorised access the courthouse on a Sunday, two days before the trial began, according to prosecutors.
Footage was also reportedly taken during the trial sessions, which is not permitted.
Faced with the revelations and criticism from all sides, the judge agreed to step down. The following day, the supreme court of the province of Buenos Aires suspended Makintach for 90 days, describing her conduct as “incompatible with decorum and prudence”.
The outcome is being widely treated in Argentina as an “international embarrassment” for the country’s judiciary.
One of Maradona’s daughters, Jana, told reporters as she left the courthouse that she felt angry and “hates” the justice system after the trial was annulled. Her sister Dalma said: “The only thing we want is for the process to continue.”
