RE:RE:Second court hearing to be held on 7/13/2022juanPeru wrote: Update: The higher judicial authorities at the 4th Court
have just decided that the whole appeal should be cancelled and restarted from scratch in the 6th Court, because of a vice found in the process. After judge Hermoza Castro issued the sentence, one of the participants in
the application process, started by Ingemmet (on November 2020) over the area of 32 disputed concessions, requested to be included in the appeal process as a third affected party (
coadyuvante in formal terms), but judge Hermoza Castro decided that, given that the sentenced had already been issued, this topic should be decided by the higher court (the 4th Court). However, the authorities at the 4th Court have decided that Hermoza Castro should have evaluated the coadyuvante request despite having already issued the sentece, because the coadyuvante stuff was not part of the first sentence process but rather part of the appeal process, so the latter is being rolled back to that point.
Now, who exactly is the third party that considers himself to be affected by the first court decision (favourable to Macusani Yellowcake)? His name is Diego Alfonso Ramirez Motta (...)
Update:
Resolution 19 has just been uploaded. The case is back in the 6th Court, with judge Hermoza Castro, and, on August 12, Diego Ramirez withdrew his request (after collecting the corresponding "fee" I assume), so judge Hermoza Castro doesn't need to decided over that anymore. However, 4 other applicants (aparently members of a family) in
the process started by Ingemmet in 2020 have requested their inclusion in the process, this time as
liticonsortes instead of
coadyuvantes. A liticonsorte is like a codefendant, that is, a party that has the same rights as the defendants (Ingemmet and Minem) to participate in the appeal process to seek the nullity of the first court sentence.
But what caught my eye is the fact that Ingemmet has also requested the inclusion of
all (!) the applicants in the 2020 process as liticonsortes in the current appeal process. In other words, more than 30 different parties could soon be incorporated as liticonsortes, each of them with its lawyers, writings and pretensions. Why is Ingemmet doing this? I believe they need to include all these parties to shelter themselves from any potential future lawsuit filed by these disappointed applicants. If they are part of the process, it means they already have the means to defend their allegedly gained legal rights.
In summary, more delays to the appeal process, which I now doubt will have a solution this year. Not sure if $LI will seek settlements with each of these parties or just go ahead against all of them in a longer process.