Guatemalan court nullifies trial order for surgeon in death case

A Guatemalan appeals court has nullified a resolution that would have sent plastic surgeon Kevin Malouf to trial in the case of Floridalma Roque's death. The Third Chamber of the Court of Appeals granted an amparo, effectively halting the proceedings that had previously ordered Malouf and two co-defendants to face trial.

The decision means the lower court must issue a new ruling in accordance with guidelines set by the Constitutional Court. The original resolution, issued on June 5, 2024, by the Fourth Criminal Court, had opened trial against Malouf for alleged negligent homicide and negligent injury, stemming from a purported inadequate surgical procedure performed on Roque.

Malouf, who is currently imprisoned at Mariscal Zavala prison, appeared via videoconference during a previous evidence hearing. His defense attorney requested the acceptance of various pieces of evidence, including video, audio, and chat logs, which the court admitted for analysis during the upcoming debate. A trial had been scheduled for July 23.

In addition to Malouf, Lydia Viviana Silva Moreira was to be prosecuted for complicity in negligent homicide, and Susana Emilia Rojas Cruz for self-concealment, both related to Roque's case. The appeals court's ruling mandates that the lower court suspend the previous resolution definitively and comply with the new order within five days, under penalty of a Q1,000 fine for non-compliance.

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The authority under appeal must comply with the resolution within five days from Sunday, June 28, under penalty that, in case of non-compliance, a fine of Q1,000 will be imposed.