Homicide or medical negligence? Judge will decide in Floridalma Roque case
With serious accusations and controversial evidence, Judge Pedro Laynez will decide in the coming days whether they will face a public trial.
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The future of three medical professionals, accused in Guatemala of causing the death of Honduran Floridalma Roque and allegedly trying to cover up the crime, depends on the decision of Judge Pedro Laynez .
The hearing on November 20, 2024 , will resolve the intense disputes between the prosecution and the defense, who seek to free themselves from homicide charges in a case that shocked Honduras and Guatemala.
The Public Prosecutor’s Office maintains that Roque died during a surgical procedure at Malouf’s private clinic.
The prosecution claims to have sufficient evidence to send the surgeon, the anesthesiologist and the nurse to a public trial for homicide.
For the victim’s family, this search for justice is vital. José López Roque said: “We will not rest until all those responsible face the consequences of their actions.”
The defense maintains its innocence and asks for the case to be closed
Malouf’s lawyer, Alejandro Arriaza , presented various documents and audios that, according to him, show that the doctor did everything possible to save Roque’s life.
“My client called several hospitals and pharmacies to ask for help. There was no intention to harm him,” Arriaza said.
Among the evidence presented, an audio recording stands out in which Roque gives his consent for the surgery, showing, according to the defense, that the doctor-patient relationship was based on trust.
Arriaza argued: “The Public Prosecutor’s Office cannot conduct an intentional investigation aimed at causing harm to a doctor who acted professionally.”
He also reiterated that if the decision is made to go to trial, the case should be judged as manslaughter, since, according to the defense, there was no intentionality in the death.
Innocence or complicity?
Lydia Moreira, an anesthesiologist at the clinic, also faces serious charges. Moreira’s defense requested that the crime be changed from homicide to negligent homicide.
They argue that the anesthesiologist had no motive to harm the patient and that the Public Prosecutor’s Office has failed to prove the existence of an “animus necandi” or intent to kill. “What kind of professional would do something like that?” the defense questioned.
Nurse Susana Rojas , for her part, called for the case to be closed completely, arguing that there is no evidence linking her directly to the events.
His lawyer argued that, in his role, he had no involvement in the decisions that led to Roque’s death, much less in the manipulation of the body.
The case
The hearing on November 20 will not only decide the fate of the defendants; it could also set a precedent for how medical negligence cases are judged in Guatemala.
This case has captured public attention not only because of the gruesome details of the accusations, but also because of the debate over the limits of professional liability and intent in the medical field.
For some observers, this hearing represents an opportunity to assess how criminal laws are applied in the health sector, especially in highly complex and high-risk cases such as this one.
The decision
Judge Pedro Laynez will have the final say and decide whether Kevin Malouf, along with the anesthesiologist and the nurse, will or will not face trial for homicide.
This decision will not only determine the future of the accused, but will also send a powerful message about the expectations of justice in medical cases.
The upcoming hearing is key for the justice system to demonstrate its capacity for impartiality and its commitment to the truth.
Floridalma Roque disappeared on June 13, 2023 after entering surgeon Kevin Malouf’s clinic.
The Public Prosecutor’s Office (MP) maintains that it has videos, chat messages, calls and testimonies that provide crucial clues about the case.
As part of the investigation, the MP carried out an operation on a farm in Palín , Escuintla .
This is where they searched for evidence following the disappearance of Roque, who was last seen at the Malouf clinic.
During the operation, carried out on June 5 , 2024 , authorities found human remains in a well.
Relatives reported that the National Institute of Forensic Sciences (INACIF) confirmed that the remains found correspond to Roque.
