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The high-profile trial of seven Argentine medical professionals charged in connection with the death of football icon Diego Maradona is now at risk of being thrown into disarray, following serious questions over a judge’s impartiality.
The case, which began over two months ago, was abruptly halted last week after defence lawyers raised concerns about Judge Julieta Makintach’s involvement in a documentary linked to the proceedings. The defence has suggested her participation may amount to influence peddling, bribery, and a breach of judicial ethics.
Makintach is one of three judges presiding over the case in San Isidro, a suburb of Buenos Aires. If she is removed, it could jeopardise the entire trial, raising the possibility that it may need to restart from the beginning with a new panel.
Maradona, who died on 25 November 2020 at the age of 60, passed away from heart failure and pulmonary oedema while recovering at home following surgery to remove a blood clot from his brain. His nurse discovered him unresponsive in bed. His final days were marked by a lack of adequate medical oversight, despite his long history of addiction and serious health problems.
Prosecutors argue that Maradona received grossly negligent care, and the seven defendants — members of his medical team — are being tried on charges of “homicide with possible intent.” If found guilty, they face prison sentences ranging from eight to 25 years.
The controversy surrounding Judge Makintach intensified after video footage emerged allegedly showing her being interviewed by a film crew on the eve of the trial. This appeared to breach a strict ban on courtroom filming. While Makintach has denied authorising or taking part in any such production, a producer later told investigators they were working on a documentary about the judge as a woman and professional — not about the trial itself.
That explanation has failed to convince critics. Prominent lawyer Fernando Burlando, who represents Maradona’s daughters, dismissed the claim and said he would seek the judge’s removal. “She did not behave like a judge, but like an actress,” he told local media, warning that the legitimacy of the entire trial had been compromised.
Mario Baudry, who represents Maradona’s former partner Verónica Ojeda, echoed the sentiment. “Everyone now feels that this trial is tainted. The best course of action would be to start over.”
The trial is due to resume on Tuesday, with at least one legal motion expected to formally request Judge Makintach’s recusal. The court must then decide whether the proceedings can continue with a replacement, or if a fresh trial is necessary.
Central to the case is the decision to allow Maradona to convalesce at a private residence lacking sufficient medical equipment and professional supervision, rather than in a clinic. In her testimony, Maradona’s daughter Gianinna said he had been kept in a “dark, ugly and lonely” room and claimed the care team appeared more concerned with financial gain than her father’s wellbeing.
