C 29407-2016, the libel trialPrior to the verdict being delivered, JGTF asked the court to consider the following:
For the present act and in accordance with the provisions of Article 159 of the Code of Civil Procedure.
- Concerning the #4 because one of the elements of tort liability is damage, it is necessary for this Court to meet with an impartial psychologist expert to report on the moral damage caused by the defendant to my client, in view of the content of the lawsuit.
- Concerning the #6, because the damage caused by the publication of the press release is related to arguments put forward by the defendant (and by HUL), it is necessary that this Court have at its disposal the judicial process heard before the 14th Civil Court of Santiago, Rol C 1912-2001. In particular, the depositions made by Mr. Unda, through his lawyer, in which he alludes to his exclusive ownership of the Tesoros mining concessions and that for the purposes of its constitution, he did not act as a representative or agent of CMN. Related to this, it is requested that the Court have before it the criminal proceedings that were processed before the current 34th Criminal Court of Santiago, in case 1160-2002, which relates to the same facts.