Emerita Resources Corp. (TSX – V: EMO; OTC: EMOTF)
(the “Company” or “Emerita”) announces that the presiding judge of
Court No. 3 of Seville, Judge Patricia Fernandez, has issued new
indictments for the irregularities committed in the awarding of the
Aznalcollar public tender, abiding by the mandate of the Superior
Court’s ruling (Please see the Company’s June 24, 2021 press
release). This is an important development in that this is the
initial court that heard the charges and until recently was not
fully aligned with the Superior Court’s (Provincial) rulings. Upon
final review of the body of evidence, the presiding judge of Court
No. 3 has reconsidered the courts position relative to earlier
rulings and has increased the number of people charged with crimes
as well as added an additional serious charge to be considered
during the upcoming trial.
The new indictment includes the following:
- Increases the
number of accused people from 9 to 16.
- Increases the
charges to the following 4 crimes related to the award of the
tender:
- Administrative
Prevarication
- Influence
peddling
- Management
fraud
- Embezzlement due
to unfair management
The new order of Judge Fernandez is in line with
the judicial resolution of the recently issued provincial court of
Seville. It is noteworthy that Judge Fernandez had previously, on
two occasions, rejected the case against the accused and it was
sent to appeal where the appellate court ruled that it had to be
reopened. All levels of the courts are now in agreement with
respect to the commission of criminal offenses related to the
Aznalcollar public tender.
Judge Fernandez’s indictment also included the
following allegations:
- The owners of
Magtel / Minorbis used their relationship with the Secretary of
Industry for Andalusia at the time of the public tender to
influence the awarding of the tender in favor of Minorbis-Grupo
México at that time.
- Mr. Vicente
Fernández, the former President of the Sociedad Estatal de
Participaciones Industriales SEPI (The Spanish state-owned
industrial holding company), influenced and instructed the General
Director of Mines, María José Asensio and the members of the panel
to resolve the bidding process in favor of Minorbis-Grupo
México.
Judge Fernandez’s indictment stated that these
alleged crimes have caused “patrimonial damage to the public
treasury” that would constitute the crime of embezzlement by unfair
management, as it is specified in the Spanish Penal Code. The
Judge also stated that, “It was obviated that the selection
criteria in accordance with the general principles of public
procurement should be the most economically advantageous offer,
formally stating that the economic proposal of Emerita was 641.5
million, while the of Minorbis-Grupo México was 304.6 million.”
The illegal fraud occurred by allegedly
favoring, promoting and / or allowing Minorbis to participate in
the tender when they did not meet the requirements laid out in the
tender instructions. Fraud was also allegedly committed when
Minorbis-Grupo México (not being the best option for public
interests) passed to the second phase of the tender and
finally when the panel resolved the tender in favor of those who
did not meet the qualifications to have the right to
participate.
It is noteworthy that Judge Fernandez, in this
indictment, includes most of the accusations made by Emerita’s
legal counsel.
Following Judge Fernandez’s ruling, the next
stage is the formal trial of the accused parties. According to
Emerita’s external Spanish legal counsel this is a very important
step since trials in Spain do not typically proceed to this stage
without a high certainty of guilt and it is very rare that accused
are found not guilty at this stage. In this phase, a different
judge will review the body of evidence that has led to this point
and rule on the various accusations against the accused. It is
important to note that three levels of courts in Spain have
determined that crimes were committed and have ruled that the
accused must stand trial.
The Company expects the court appointment and
trial date for this phase will be known soon.
With respect to the title to the Aznalcollar
property, Emerita’s external Spanish legal counsel has advised the
Company that under Spanish law if there is commission of a crime in
awarding a public tender that bid must be disqualified and the
tender must be awarded to the next qualified bidder. Emerita is the
only qualified bidder in this particular tender. Further, the
Provincial Court, in reviewing the case during the previous appeal
process, has indicated that the other bid did not meet the
requirements laid out in the tender process and should have been
disqualified on that basis. In the settled title dispute related to
the Iberia Belt West project, the court’s ruling included very
specific instructions with respect to rectifying the awarding of
the public tender. In that case it resulted in Emerita obtaining
the rights to the project. Joaquin Merino, P.Geo., President of
Emerita states, “We are entering the final stage of this legal
odyssey. The years of investigations have been concluded, the
crimes are serious, the judge is expected to set a trial date in
the near future and based on the evidence and numerous decisions by
the Spanish courts to date we are confident that the accused will
be found guilty of one or more crimes.”
David Gower, P.Geo., Emerita’s CEO, noted, “This
is an important outcome with respect to the Aznalcollar trial and
by extension the ultimate awarding of the public tender. Emerita is
well positioned to begin immediately developing this tier 1 asset
for the benefit of the community and all stakeholders. This final
ruling by Court No. 3 of Seville brings all levels of the judiciary
that have been involved in the hearings over the past seven years
into alignment and agreement on the charges for the commission of
criminal acts related to the awarding of the public tender.
Importantly, it also makes it clear that the other bid should have
been disqualified from the process as demonstrated by the fact that
a number of the charges stem from the fact that it was permitted to
proceed even though it did not meet the criteria required by the
tender instructions. Considering this, Emerita is the only
qualified bidder. This brings the process a step closer to a
conclusion. According to legal counsel in Spain it is very rare for
a trial to proceed to this final stage in Spain that does not
conclude with conviction(s). Counsel also advises that this phase
is generally not a long, protracted process as the investigation is
closed and no further evidence can be submitted and appeals to
delay the process are no longer permitted.”
About Emerita Resources
Corp.
Emerita is a natural resource company engaged in
the acquisition, exploration and development of mineral properties
in Europe, with a primary focus on exploring in Spain. The
Company’s corporate office and technical team are based in Sevilla,
Spain with an administrative office in Toronto, Canada.
For further information, contact:
Joaquin Merino+34 (628) 1754 66 (Spain)
Helia Bento+1 416 566 8179
(Toronto)info@emeritaresources.com
Cautionary Note Regarding
Forward-looking Information
This press release contains “forward-looking
information” within the meaning of applicable Canadian securities
legislation. Forward-looking information includes, without
limitation, statements regarding the legal processes in Spain, the
likelihood of the Company obtaining the rights to the Aznalcollar
project and the Company’s future plans. Generally, forward-looking
information can be identified by the use of forward-looking
terminology such as “plans”, “expects” or “does not expect”, “is
expected”, “budget”, “scheduled”, “estimates”, “forecasts”,
“intends”, “anticipates” or “does not anticipate”, or “believes”,
or variations of such words and phrases or state that certain
actions, events or results “may”, “could”, “would”, “might” or
“will be taken”, “occur” or “be achieved”. Forward- looking
information is subject to known and unknown risks, uncertainties
and other factors that may cause the actual results, level of
activity, performance or achievements of Emerita, as the case may
be, to be materially different from those expressed or implied by
such forward-looking information, including but not limited to:
general business, economic, competitive, geopolitical and social
uncertainties; the actual results of current exploration
activities; risks associated with operation in foreign
jurisdictions; ability to successfully integrate the purchased
properties; foreign operations risks; and other risks inherent in
the mining industry. Although Emerita has attempted to identify
important factors that could cause actual results to differ
materially from those contained in forward-looking information,
there may be other factors that cause results not to be as
anticipated, estimated or intended. There can be no assurance that
such information will prove to be accurate, as actual results and
future events could differ materially from those anticipated in
such statements. Accordingly, readers should not place undue
reliance on forward-looking information. Emerita does not undertake
to update any forward-looking information, except in accordance
with applicable securities laws.
NEITHER TSX VENTURE EXCHANGE NOR ITS REGULATION
SERVICES PROVIDER (AS THAT TERM IS DEFINED IN THE POLICIES OF THE
TSX VENTURE EXCHANGE) ACCEPTS RESPONSIBILITY FOR THE ADEQUACY OR
ACCURACY OF THIS RELEASE.
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