The second complaint filed by the lawyer Miguel Antonio Bernal was a claim against the ex-President Ricardo Martinelli Berrocal, the ex-Minister of Economy, Frank De Lima, the ex-Director of the Unidad Administrativa de Bienes Revertidos, Juan Carlos Orillac, the ex-Administrator of the Panamanian Maritime Authority, Jorge Barakat Pitti, and members of the Inter-Institutional Commission for the Unidad de Bienes Revertidos, formed through the Executive Decree No. 13 of February 5, 2007, due to irregularities in the Leasing and Investment Contract for the concession of the land in the Rodman area. This complaint alleged that irregularities included pecuniary damages, corruption, the abuse of authority and violation of government officials’ duties.
On April 27, 2015, Bernal filed a complaint with the Attorney General's Office questioning the validity of Resolution No. 39-14 of the Ministry of Economic Affairs, which allows it to assign the use and administration to the Maritime Authority of Panama (AMP) of certain lands with the specific purpose of establishing new contracts with PSA. Bernal argues that the resolution approves an allocation between parties that have a common shareholder, which leads to self-allocation of the concessionaire for the benefit of the shareholders of both companies, creating a triangulation.
Resolution:
The claim generated three separate processes in different courts.
On one hand, the complaint against former President Ricardo Martinelli was processed before the Supreme Court. The Court didn´t admit the complaint, as it was considered, that it lacked evidence to support the claim presented. No additional action was required.
Regarding the investigation of the administrator of AMP, Mr. Jorge Barakat, before the Attorney General of the Republic, the Office went through the process of review of the complaint and concluded the process discarding the claim and filing the matter.
In the investigation of other parties involved before the Anti-Corruption Office, they found no basis for the claims presented and didn´t file a formal accusation. As a result, the Anti- Corruption Office provisionally dismissed the case, which was later confirmed by the Eleventh Criminal Court of Panama.