This past week, MSX is now in control Brent Johnson and the New MSX BOD are now in control in drilling exploratory holes at the 8600 hector property after MSX attorneys Bárbara Salinas and Alejandro Muñoz filed a CRIMINAL COMPLAINT against the ABX attorneys Derek James Riehm and Laura Phyllis María Emery this past week. Way to go Brent, Steve and Robert.
Friday, June 7, 2013
Declared admissible complaint against Barrick for mining claims of the Pascua Lama project
How acceptable was declared the criminal complaint for falsification or malicious use of false public instrument.
Financial daily Online
https://www.df.cl/declaran-admisible-querella-contra-barrick-por-pertenencias-mineras-del-proyecto-pascua-lama/prontus_df/2013-06-07/191736.html
As admissible, it was declared the criminal complaint for falsification or malicious use of public instrument falsely, that the lawyer Bárbara Salinas along with lawyer Alejandro Muñoz presented before the Juzgado 7 ° of warranty, Santiago, on behalf of Mountainstar Gold.
The demand is against Derek James Riehm and Laura Phyllis María Emery, both legal representatives of the company Minera Nevada SpA, which in turn in Chile is the legal entity of Barrick Gold, mining the Pascua Lama project manager, today suspended for serious environmental mistakes.
Salinas was very as with resolution, every time that with this first step welcomes processing the complaint and its consequent investigation by the North Central Public Prosecutor's Office.
According to the professional, 'it is a front that opens you to Barrick, since according to the collected history mining would not have the domain or the mining claims with respect to important concessions that are placed within the Pascua Lama project cloth'.
It should be remembered that the State of Chile allows individuals access to the exploration and exploitation of minerals provided has been obtained the mining concession that confers a right for such purposes by judicial decision.
But in this case, Salinas emphasized that according to a research folder already initiated by the complex crimes of the North Central prosecution unit, mining titles in favor of mining Nevada SpA (Barrick) do not exist and, as a result, the latter wouldn't domain nor any right to the mining properties called Tesoros one 1 30 Tesoros 12 1 to 5.
For the professional it is relevant - to serious - that an adaptation protocol with the State of Argentina, which was intended to establish certain standards between the two countries in order to give an impulse from the pragmatic point of view, facilitate the initiation of this project and within that Protocol is subscribed by the State of Chile in 2004which constitutes a public instrument between the two countries Barrick incorporates and declares as own the mining claims that are disputed.
However, they are subject to a judicial lawsuit for several years and weighs on them - since 2001 until date - a precautionary ruling prohibiting celebrate acts or contracts on them, decreed by the Court letters 14 ° civil de Santiago, - since before the enactment and publication of the Decree 179 of the Ministry of Foreign Affairs. So ideologically this Decree, with the subsequent malicious use until today, would not only be counterfeit but it also a coming judgment of a Court of the Republic has not been respected. Finally and before these acts, Salinas Attorney wondered how officials of previous Governments was able to warn this prohibition preventing certainly incorporate such mining as part of the Pascua Lama project and therefore have signed protocols.
This new criminal action, coupled with the environmental problems of today, clearly show that Barrick has not acted in accordance with Chilean law, diligence and transparency required.