Emerita Resources Corp V.EMO

RE:AZN news

[Maharasso]

The judge of the "Aznalcllar case" confirms the existence of strong "certain indications of crime". The investigator of the case, who prosecuted in June to 16 people for the allegedly irregular award of the deposit, has now dismissed the appeals of several investigated N. Acedo Few cases in the Andalusian legal panorama have caused an avalanche of judicial words as those already accumulated in the one investigating alleged irregularities in the award in 2015 of the Aznalcllar mine (Seville) to Minorbis/Grupo Mxico through a tender called by the Junta, to the detriment of other companies interested in reactivating the deposit as Emerita Resources. Last June, Judge Patricia Fernndez, who has been in charge of the investigation of the case, agreed to prosecute sixteen people, among them two former high officials of the regional government and the owners of the company Magtel, the brothers Mario and Isidro Lpez Magdaleno, for the alleged crimes of prevarication, influence peddling, fraud and embezzlement. There was a reaction. Mr. Vicente Fernndez, former Secretary General of the Regional Ministry for Innovation, Science and Employment and later Chairman of the Sociedad Estatal de Participaciones Industriales (SEPI), Ms. Mara Jos Asensio, who was the regional Director General for Mines, and a lawyer of the regional Executive, on behalf of several other investigated persons, filed appeals for reform against the decision to continue with the abbreviated proceedings, which now the judge has dismissed. In an order, dated October 1 and to which this newspaper has had access, the judge states that "given the lengthy and prolix instruction that serves as a precedent" to the contested resolution, "they have come to dictate in the last instance - not being the first resolutions in this procedure and with the same opinion dictated by the superior body in the appeal phase, the seventh section of the Provincial Court of Seville - two orders", dated in May 2021, "where with clarity and forcefulness are recognized and shelled certain indications of crime that justify the continuation by the procedures of abbreviated procedure and the opening of oral trial in the terms resulting from the qualification briefs of the parties". At this point, Fernandez introduces a reference to an order of the Second Chamber of the Supreme Court (SC) in which, as he points out, it is stated that "in the processes in which there are indications of the commission of the act and its assessment as a crime in terms of reasonable probability, the dismissal does not proceed and the continuation of the case is justified". In other words, the defendants are approaching the dock. The court has again aligned itself with Emerita Resources, whose procedural representation filed a writ of opposition to the aforementioned appeals, as did that of the provincial federation of Ecologistas en Accin. In the so-called "Aznlcollar case", the last sentence has not yet been written. Translated with www.DeepL.com/Translator (free version)