JL deposition Chapter 1The Hearing was attended by Joaquin Plaza, Alvaro Vives and Nicolas Luco, attorneys for the defense, Juan Guillermo Torres, attorney for the plaintiff, Jorge Lopehandia, absolvent, and Fernando Narbona, Judicial Receiver
Questions by Fernando Narbona. Answers by Jorge Lopehandia.
- To indicate his profession or trade.
- My profession and trade is Industrial Minera and Mining Technician graduated from the Technical University of the State of Copiapo.
- To explain his relationship, past or present, with the gold, silver and copper mining deposits of the so-called Mina Pascua, located in the commune of Alto del Carmen, Province of Huasco, Atacama Region.
- Thank you for the question. My relation to Mina Pascua is a relation of discoverer: I am the discoverer and had the first metallic mineral concession in the history of mining in Chile in the Mina Pascua area. The Mina Pascua area was initially concessioned by LAC Minerals in 1978 – LAC Minerals of Australia – and subsequently agreed to do business on the stock exchange with Barrick Gold Corporation of Canada in 1994. In 1978, when LAC Minerals concessioned the Chile Mina Pascua area, because Lama is a binational fraud, LAC Minerals did so in salt and nitrate concessions, which to this day have never had a permit from the National Service of Geology and Mining of Chile to be able to excavate, exploit, sell in advance or trade gold and silver on the International Stock Exchanges of the United State, Canada or in Chile. Then, in 1994. Barrick acquired from LAC Minerals the salt and nitrate concessions that are on the gold deposition of Mina Pascua in Chile.
When, in 1995, my muleteers who were working with the Barrick team in the mountain range returned to La Serena, they told me, “Mr. Jorge, these gringos are crazy”, and I said, “Why?” “Because they were walking with GPS in Argentina and took coordinates in Argentina to ask in Chile for Mina Pascua,” I tell them, “That’s impossible.”“They are going to do it, Mr. Jorge.They are going straight to the Conservator of Mines and they are going to make the request.”Then, I followed the trail to the area and I was able to confirm that a fraud had been executed against the General Treasury of the Republic of Chile:They had enlarged the position, including areas of Argentina in Chile, and altered the Treasury payment, including these new properties in Argentina, which invalidated everything done. It was then that I decided to throw an 8600-hecare mining blanket over what was Mina Pascua, on the side on Amarillo Sur of 3400-hectare, and I threw a blanket on Amarillo Norte on what is the Morro Gold project, which was already stopped by the Supreme Court at the request of the lawyer, today President of the Constitutional Court, Nancy Yanez, and that is located on my Amarillo Norte positions in certain parts.
That is, Morro Gold, which is New Gold, which is Newmont and Barrick Gold Corporation, with the CEO of Barrick, Randall Oliphant, wanted to get rid of me and invented the Lama Project in Argentina on scree and glaciers, and with this story, they tried to rob me of Chile Mina Pascua in 1996 when they made these requests to the General Treasury of the Republic and, in fact, he [John Lill] , the president of Barrick, invited me to Santiago to the offices of Providencia, with my mining discovery in 1996.I sit with John Lill and Mina Pascua in my hand and say, “John, you dropped the project”, and [John Lill] turned white as paper and said, “Jorge, what happened?’ I told him, “John, the only thing Barrick had in Chile were salt and nitrate concessions acquired in 1994 and I have the first metallic mineral concessions in the history of Chile in the Conservator of Mines and therefore, I am the only one positioned to obtain metallic minerals in Chile.
[John Lill] asked me please to not comment on anything either to the authorities or to the stock exchange, that he, personally, and his mining property team were going to verify and when he realized that my positions were truly the first metallic mineral concessions in the history of Chile and the history of mining on Mina Pascua, that he was going to do a deal. And he verified it and, when de discovered that I was the only one positioned in Mina Pascua Chile, he threw a mining roof and the mining roof was thrown by a mining engineer named Hector Mordoqueo Unda Llanos, who is the owner of the concessions [Tesoros 1 1-30 to Tesoros 12 1-5] and Hector Mordoqueo Unda Llanos concessioned the Tesoro concessions four days before the scam in which my representative, the president of Barrick Gold Corporation in Chile, John W. Lill, invites my mining manager to the Providencia offices under Article 41 of the Mining Code or the Mining Legislation of Chile in all its form and substance: I, the investor, and Rodolfo Villar Garcia, my mining property manager, without any right to sell, to divest, unless I authorize.
Then, the meeting takes place in Santiago and Alejandro Morento Provence, a lawyer who I had already stopped before the Supreme Court in the case of the workers of the San Andres Mining Company and the lawyer, because I had him in prison, in 1966, he joined with Minera Nevada SpA and joined with Rodolfo Francisco Villar Garcia and Alejandro Moreno came and did business with Minera SpA for 300 million pesos personally on some splinters of mining property, between my two positions, and delivers as part of his contract my mining positions of 8600 hectares for the ridiculous unconstitutional price of 10,000 Chilean pesos, which is the contract that Felipe Ossa and Claro & Co came to endorse, to certify, to validate, to testify in a document that is incredibly a scan to Chile, to Canada, to the International Stock Exchange for the form and substance in which they present Mina Pascua.First, the lawyer goes and notarizes a document in Chile only in English, when it is impossible for a notary public in Chile to notarize only in English because it deprives me of the right to know how he got to that translation, because I am a person who speaks English perfectly, Spanish perfectly and Castilian and, therefore, the lawyer and Claro & Co. deprived me of the right to know who and how made up that affidavit in English.
Why?Because it lacks all reality:it lacks reality in form and substance.In the form, the lawyer had to leave Chile as a tourist or as an expert in mining.If he left as a tourist, he left a criminal of entry to Canada because when he arrived in Canada as a tourist, he could not have worked, received money, been a witness at the Securities Commission or had fabricated a flawed Barrick title.But if he came out as a mining expert, there we have a serious problem because Felipe Ossa Guzman is not an expert in mining:Felipe Ossa Guzman does not know anything about mining compared to a mining expert; and I told him personally in the elevator of the Securities Commission, even if he has the testimony in the Courts of Chile denied that reality.The truth is that Felipe Ossa when he finishes his first statement, the first day, he approaches me and tells me, “Mr. Lopehandia”, I say, “Mr. Ossa, I’m so sorry.You discredited Chile’s judiciary and became a clown before the Canadian courts.You don’t know anything about mining, sir, you’re not a mining expert” and he says, “How? That I don’t know anything about mining?” And I say, “Absolutely nothing.I am a graduate in Mining and to graduate in 1972, I had to swallow the mining legislation of Chile upside down and the law, aside from civic education, and you said before the Court here that the Chilean miner has no right to the minerals neither to touch nor to excavate until he has a survey and that goes against the mining legislation of Chile and the right to sample and excavate of every miner in an exploration concession.”
“You fell, Mr. Ossa.In addition, you made my brother, may he rest in peace, dead and buried in La Serena, took him out of his grave and put him to litigate and lose before the Supreme Court in case 719-2011 of Vallenar.Why did he give them to Jesus Christ and revive my brother as Lazarus to that his legal tale can ring true in Canada? That is slander of a dead man and I will not tolerate it, Mr. Ossa.I’m going to make criminal charges on his return to Chile.”I told Felipe Ossa that in the elevator when I told him that he had no idea about Chile’s mining legislation to be accepted as a mining expert before the Canadian Stock Exchange.And he went to invalidate my mining right that I acquired in 1996 and that Barrick, in order to dispose of it, I had to write four public deeds in the absence of one because I ordered my mining property manager to dispose of the property from no point of view would I alienate the property without Barrick committing itself to surveying because I would not have the effect of the 3% gold royalty, which was the same royalty as Mario Hernandez in the El Indio Mine.
Then, John Lill, knowing that he had to pay a royalty at Pascua Lama, he turns me around and goes directly to Villar through Alejandro Moreno [Provance] and commits a contractual scam of 10,000 Chilean pesos, which I challenged under precautionary measure C 1912-2001 in 2001 and the precautionary measure in the name of the scammer, my mining property manager, having all the legal right to date.By making the precautionary measure ruling, Barrick’s right to trade on the Stock Exchange was lost and it lost the right of Barrick Gold Corporation to have been able to put its name of Barrick Gold Corporation, or the name of any subsidiary in Chile, on the margin of the Tesoro titles.And Felipe Ossa came to say in Chile in his affidavit and in Canada that the Tesoros was a concession always, always, of Minera Nevada SpA.
Minera Nevada SpA was born only in 2006 in a scam to the World Stock Exchange to launder the assets of Minera Nevada Limitada that defrauded in the Pascua Lama Binational Protocol.That is, Minera Nevada Limitada defrauded the Pascua Lama Protocol because I caught them with Minera Nevada S.A. without titles, without the titles that Felipe Ossa and Claro & Co. manufactured for the Canadian stock exchange, without the titles and Felipe Ossa and Claro & Co. manufactured in Chile for Canada, without the titles that the Pascua Lama Protocol is flawed.What Claro & Co. wanted to do is to deviate from the retroactive illegal Pascua Lama Protocol [in an act] and the lawyer came here and left Chile with an inconceivable history. Why? Because his famous affidavit only in English was signed by the lawyer on May 30, 2017, but what had happened in Canada on May 30, 2017 that had the Stock Exchange and Claro & Co so worried about creating this criminal instrument?In November 2016, the Canadian Stock Exchange and the Barrick Gold Corporation lost to Mr. Juan Guillermo Torres Fuentealba the case C 29407-2016: there came the [payment?] to the British Columbia Securities Commission, the employers of Claro & Co and Felipe Ossa.
It was such a blow that in March 2017 the British Columbia Securities Commission was forced to create an excuse of the Stock Exchange for the project of Chile and Barrick Gold Corporation in the North American stock exchange, in consequences of the fact that Barrick trades in Toronto, not in British Columbia and they could not do that; and the employers of Felipe Ossa and Claro & Co. always refused to help this absolvent in British Columbia saying that they had nothing to do with Barrick.However, they did so in March.On April 26, 2017. The employer of Claro & Co. and Felipe Ossa lost before the Court of Appeals of Santiago and, of course, the case was elevated to the Supreme Court of Chile, where it took only four days and on the fifth day, May 2, after Labor Day, the president of the Supreme Court of Chile provided and international exhorto against the Securities Commission of Canada.
And what does the Securities Commission do?It is frightened, it is frightened, but in a horrible way.Claro & Co. and Ossa’s employer calls a hearing in Canada, which is a hearing of the company that contracted with me and puts a libel in the press saying that they are going to practically put us in jail for fraud.That is the response to the decision of the Supreme Court against the Securities Commission.And on May 10, 2017, the company Silver Wheaton of Canada – which also has a subsidiary in Chile, Silver Wheaton Chile that are contractors of the Pascua Lama areas – leave the World Stock Exchange:Silver Wheaton leaves the World Stock Exchanges, it has no silver.Barrick’s team lost all the silver, 600 million ounces of Chile, because Pascua is where the gold, the silver, the copper is and Lama is stony beneath the glaciers, with a sinister tunnel, the employers of Claro & Co. and Felipe Ossa and Barrick were going to build a tunnel to Argentina to steal the ore from Chile, to put makeup on it in Argentina, hide it and not tax it.
That is why I challenged in 2016 the State Defense Council and also challenged the Binational Protocol Pascua Lama and Claro & Co. left me very bad in the courts, arguing that how it happened to me, where is practically my brain or my intellectual quality of having named Ricardo Froilan Lagos, of having appointed Jamie Estavez Valencia, of having named other aforementioned ones, when in fact they are as much in the middle of the thing as Felipe Ossa is.Felipe Ossa, in the form that he gives me the document from Chile, raises a new title for Barrick Gold Corporation in the areas against the Judicial Power of Chile and all the decisions taken in Chile including, but not limited to, a statement about case C 719-2011 in which Felipe Ossa comes and says – in the wrong way, of course – that the case C 719-2011 was not worth a pack of goats; when in reality we caught Barrick without title at Pascua; nor Minera Nevada Limitada, nor Minera Nevada Spa had a title and recognized this before a judge, “Your Honor, our titles do not exist”, those are the titles that Felipe Ossa and Claro & Co validated in Canada and Chile.
In 2012, Barrick through CMN Limitada and CMN SpA that trades the stock exchange today “Your Honor, the titles do not exist”.If they did not exist for CMN Limitada, the Pascua Lama Protocol is falsified; and if they did not exist for Minera Nevada SpA, Mr. Felipe Ossa and Claro & Co. did not have to have come to Canada to invent titles that do not exist in the Chilean Judiciary.In addition, the lawyer comes and leaves Chile with documents that, says the lawyer and Claro & Co, which are real evidence of my cases and trials from 2001 to 2018 in Mina Pascua and, in reality, the lawyer could not obtain the information of my cases, unless he had filed a petition with a judge and the judicial archivist because all these cases are archived and in the first chapter of his affidavit, in point 1, the lawyer says:“I obtained my evidence from the website of the Judicial Power of Chile.”Please.It is not evidence: what they obtained are photocopies of I do not know who and I do not know where and they are neither legalized, nor notarized, nor endorsed to be used in the Courts of Canada.
FN: Mr. Jorge, please, permit me a moment, without prejudice that you continue your statement, Mr. Nicolas, you want to say something?
NL: Yes, Mr. Jorge, pardon the interruption and it is your own statement, so you have every right to state what you deem necessary. The only thing I wanted to warn you is that all these topics that you’re talking about are going to be asked in later questions, so maybe it’s more orderly for you … As you prefer.
JL: And for the questions you are going to ask me therefore, I ask you to stop telling me my statement as I feel it in my soul after 25 years and that your company has already caused me great damage for the last five, ok? Where they owe me 15 million dollars in cash for lost profits and I will not let him interrupt me like this because then they ask me the questions, they are cutting the thread of my statement. Object.
NL: Excuse me, Mr. Jorge, just go on then.
[More to follow, and we are still on question #2.]