Emerita Resources Corp V.EMO

RE:RE:RE:RE:RE:RE:RE:Prosecutor denies conspiracy ...

[Maharasso]

Here's another article from today.

Judge sends two of Magtel's brothers to trial for the Aznalcllar mine - Magtel from Crdoba will exploit the mine of Aznalcllar The judge investigating the Aznalcllar mine tender (Seville) has agreed to prosecute 16 people, including two former senior officials of the Junta de Andaluca and two of the owners of the Cordoba company Magtel, for the alleged crimes of prevarication, influence peddling, fraud and embezzlement, the brothers Isidro L.M. and Mario L.M. M. In an order issued on June 25, according to EFE news agency, the head of the Court of Instruction number 3 of Seville complies with the mandate of Judge Mercedes Alaya, of the Seventh Section of the Provincial Court, and rectifies its previous order of transformation of proceedings in abbreviated procedure. In two orders issued between 26 and 27 May, the Court partially upheld the appeal of Emerita Resources, which lost the contest against Minorbis-Grupo Mexico, against the first indictment of February 8, and dismissed those of several defenses that requested the filing of the case. Alaya established that the trial should not be limited only to the prevarication, as "improperly" established by the investigator, and determined that there should be sixteen defendants and not the nine contemplated by the investigator, adding the secretary of the Contracting Committee and the six members of the Technical Commission. The judge, who filed the case twice and had to reopen it also twice at the suggestion of Alaya, said in his last order that Mexico Group should have been expelled from the contest because it did not meet "the necessary requirements of legal personality and capacity to act" and Minorbis should not have gone to the second phase because "less than a month ago that had just been established with a capital of 3,000 euros and no experience in mining. The magistrate states that the award could have been determined by the "connivance" between the brothers Mario and Isidro L. M., owners of Magtel and Minorbis, and Vicente Fernndez, at that time Secretary General of the Regional Ministry for Innovation, Science and Employment and later Chairman of the Sociedad Estatal de Participaciones Industriales (SEPI), with whom they had "a personal and trust relationship". As for the influence peddling, the judge points out that the brothers "made use of the influence exercised on" Mr. Fernndez and of the latter on the Board and the Commission, "all this in a context of psychic influence and inducement in chain". Thus, "there could have been influence or suggestion by those responsible for Minorbis with the intermediation of Mr. Fernndez, who in turn channeled his influence through the general director of Mines", Mara Jos Asensio, "until reaching each of the technicians or officials", says the order, which locates the origin of this action in the "profit motive" of the businessmen. The brothers constituted Minorbis "ad hoc" and made Fernndez "influence" Asensio and "the majority" of the Contracting Committee and the Technical Commission to resolve the tender in their favor and then authorize the award "in favor of the entity Minera Los Frailes" that "formally had not participated in the tender and was mostly constituted by capital of Grupo Mexico". Regarding the embezzlement, the investigator explains that the award was not made to the most economically advantageous offer, with the consequent damage to the public treasury. Emrita's proposal was for 641.5 million and that of Minorbis-Grupo Mxico, for 304.6 million, while the former undertook to contribute 375 million for the development of Andalusia's industrial fabric and the winner only offered 27 million. Translated with www.DeepL.com/Translator (free version)
https://cordopolis.eldiario.es/cordoba-hoy/tribunales/jueza-manda-juicio-hermanos-magtel-mina-aznalcollar_1_8468041.html