Defence lawyers reject negligence claims, insist football legend’s death was unpredictable.
Defence lawyers for Leopoldo Luque, the neurosurgeon accused of negligence in the death of Argentine football legend Diego Maradona, have maintained their client’s innocence, telling a court that he had been made a “scapegoat” in the high-profile case.
During closing arguments on Wednesday, Luque’s legal team challenged the prosecution’s assertion that Maradona’s death in November 2020 was foreseeable, arguing that the football icon suffered an acute and unpredictable cardiac event that medical professionals could not have anticipated.
“There was absolutely no possibility of predicting this fatal outcome,” defence lawyer Francisco Oneto insisted, rejecting allegations that Luque and other members of Maradona’s medical team failed to provide adequate care during his recovery.
Another defence attorney, Roberto Rallin, also dismissed the prosecution’s case, arguing that the evidence did not support the allegations against his client.
“We are here to proclaim Luque’s innocence, not with television slogans, but with the evidence that supports it,” Rallin told the court. “Leopoldo Luque has been the scapegoat.”
Prosecutors have requested a 12-year prison sentence for Luque, who was considered one of the key medical decision-makers overseeing Maradona’s care in the weeks leading up to his death.
Maradona, widely regarded as one of the greatest footballers of all time, died at the age of 60 from a cardiorespiratory crisis accompanied by pulmonary oedema. He was found dead in his bed at a rented residence in Tigre, north of Buenos Aires, where he had been recovering following surgery for a subdural haematoma.
His death plunged Argentina into profound national mourning at a time when the country was grappling with the COVID-19 pandemic. Tens of thousands of mourners defied social-distancing restrictions to pay their final respects as his body lay in state at the presidential palace.
Seven healthcare professionals have been on trial since April over allegations of negligence that may have contributed to the football legend’s death during his two-week period of convalescence. Prosecutors have sought prison sentences ranging from four to 12 years for six of the seven defendants.
In its closing submissions, the prosecution accused Luque of failing to respond appropriately to warning signs in Maradona’s condition, describing his conduct as a pattern of inaction.
According to the prosecution, Luque’s attitude “was always to do nothing” despite indications that the patient required closer medical attention.
Defence challenges medical findings
A central issue in the trial has been the medical history of Maradona and whether his underlying condition should have alerted his caregivers to the risk of a fatal cardiac event.
Luque’s lawyers questioned the findings of an interdisciplinary medical commission established by the court in 2021 to examine the circumstances surrounding the footballer’s death. The commission, drawing on the autopsy and other medical evidence, concluded that Maradona had a history of heart problems that should have been considered when planning his care.
The prosecution relied on that conclusion to support its argument that the medical team should have recognised the risks and taken appropriate precautions.
However, the defence maintained that medical tests conducted before Maradona’s surgery had not revealed any cardiac abnormalities that would have predicted the fatal outcome.
“It’s so clear that Maradona didn’t have any heart problems in 2020,” Oneto said during the closing arguments, disputing the prosecution’s interpretation of the medical evidence.
Luque has been among the most outspoken defendants throughout the proceedings, repeatedly challenging allegations against him whenever he felt his role was being misrepresented.
His legal team presented audio recordings, scientific publications and a video of Maradona’s autopsy as part of its defence, with the latter provoking anger among the footballer’s daughters.
Speaking in court during the trial, Luque defended his relationship with the late star and expressed frustration at being singled out for criticism because of his close involvement in Maradona’s care.
“It’s easy to attack me because I’m the one who had the most contact with Maradona,” he said, adding that “the only one who would defend me would be Diego.”
Luque also spoke emotionally about his personal attachment to the football legend.
“I cared deeply for him, I loved him, he was my idol and my friend,” he said.
Medical coordinator also faces allegations
Meanwhile, defence attorney Nicolas D’Albora, who represents medical coordinator Nancy Forlini, shifted responsibility towards Luque and another doctor, arguing that they had been responsible for ensuring Maradona’s well-being.
According to D’Albora, the doctors “were obliged to guarantee the patient’s health.”
Forlini faces a potential 10-year prison sentence over allegations of homicide with eventual intent, linked to claims that she failed to provide basic medical equipment needed for Maradona’s home care.
The case has drawn intense public attention in Argentina, where Maradona remains an enduring national icon whose footballing achievements and personal struggles made him one of the country’s most recognisable figures.
At its heart, the trial seeks to establish whether failures in the medical care provided during his recovery contributed to his death, or whether the fatal event was, as the defence argues, impossible to foresee.
Closing arguments by the defence are expected to continue until Thursday, as the court considers competing accounts of the medical decisions and circumstances surrounding the death of one of football’s most celebrated figures.
