By this act, I come to expand the criminal charge of falsification of a private instrument and/or malicious use thereof, filed against Mr. Felipe Ossa Guzman, attorney, … and against all those who are responsible, as authors, accomplices and/or accessories, for the crimes of falsification and/or malicious use of a private instrument, provided for and sanctions by Articles 197 and 198 of the Criminal Code, in relation to Article 193, #4, of the same legal body, based in the precedents of fact and law that I exhibit below:
On May 31, 2017, by means of a document entitled “AFFIDAVIT OF FELIPE OSSA”, signed by the defendant, … certain facts are asserted that are false, causing harm to my client, which are the subject of the following criminal proceedings.
RECORD
- The B.C. SECURITIES COMMISSION asked the defendant to describe the nature and status of certain mining legal procedures and “claims” in Chile. This resulted in the signing of the document made by the defendant dated May 31, 2017, called “AFFIDAVIT OF FELIPE OSSA”, whose signature was authorized by the Alternate Notary …
- The affidavit, the subject of the illicit act, was prepared and signed by the defendant, given the prestige of his Legal Study and his academic background. In no part of this document does it refer to an expertise in Chilean mining law, which would be totally necessary to prepare the report, by the way, since the document has relation with reporting mining trials processed in Chile, where my client is a party.
- Without prejudice to the arguments of fact and law set out in the criminal complaint, I come to extend the aforementioned complaint, incorporating other falsehoods contained in the private instrument and/or malicious use thereof.
According to the translation available in the Spanish language, prepared by Mrs. Gisele Lara, already incorporated in the case, Mr. Felipe Ossa Guzman for the purpose of issuing his declaration concerning Chilean mining trials, notes in the fourth paragraph, he reviewed the judicial decisions and the presentations of the proceedings previously mentioned in the case, as they are available to the public in the courts and on the website of the judiciary.
Among the documents annexed to the above-mentioned declaration is the so-called “EXHIBIT J”, which corresponds to the final judgment of the 2
nd Court of Letters of Vallenar, Rol C 719-2011, dated November 18, 2015, Page 186 and following of the total of 274 pages.
It turns out that at the time of the preparation of the Affidavit by Don Felipe Ossa, the file of Rol C 719-2011 of the 2
nd Court of Letter of Vallenar was archived so he was prevented from being able to see the pages of the attached judgment.Even in the event that the file had been in court, he could not have obtained a copy of that judgment since that request is exclusive to the litigant parties, where Mr. Ossa did not act as such, nor as a lawyer for one of them.
I checked with the Judiciary and in accordance with the statement made by the Minister of Faith, Notary Public of Santiago Mr. Patricio Cathalifaud Moroso, dated September 25, 2020, the final judgment of Rol C 719-2011 of 2
nd Court of Letters of Vallenar cannot be seen on the Judicial website, since as it is indicated, there is no associated document so it has never been available on the Judiciary page.
These falsehood are contained in his affidavit, and this party is unaware of the way in which he obtained that judgment, being that he attended to the form that he indicated in the document, this is in person in court, or via the judiciary page, it could not be those means that allowed him to have the document, this being false as well.