MountainWest Resources Inc. C.MWR

Absolution of Position hearing for N. Luco in C 2418-2021

[MTStack]

1. The absolvent shall state if it is true that he is the owner, and/or representative and/or partner of the Claro & Co. law firm.

 

1. I am not an owner, but I am a partner and representative of the Claro & Co. law firm.

 

2. The absolvent shall state if it is true that Felipe Ossa Guzman is a partner or associate of the Claro & Co. law firm.

 

1. It is true that he is a partner.  It is not true that he is an associate.

 

3. The absolvent shall state if it is true that he knew that the BCSC contacted and hired Felipe Ossa Guzman through his Claro & Co. law firm, to issue a legal report regarding civil and mining proceedings that resulted in the signing of the document dated May 31, 2017 called “AFFIDAVIT OF FELIPE OSSA”, whose signature was authorized by the Alternate Notary Mrs. Virginia Wielandt Covarrubias and then, Ossa, gave an account in person as an expert in Chilean mining law before the Panel of Experts of Vancouver, Canada.

 

1. There are several statements in the question. It is not true that Felipe Ossa made that statement as an expert in mining law. Yes, it is true that he was contracted to make that statement. In general terms that are set out in the question, I do not remember precisely the dates, but in general, it seems to me to be true.

 

4. The absolvent shall state if it is true that he had knowledge that Felipe Ossa Guzman signed a document dated May 31, 2017 called “AFFIDAVIT OF FELIPE OSSA”, whose signature was authorized by Alternate Notary Mrs. Virginea Wielandt Covarrubias.

 

1. I think it is true.  I am not sure of the date, but the one that authorized the affidavit is true.

 

5. The absolvent shall state if it is true that the Claro & Co. law firm authorized Felipe Ossa to sign the AFFIDAVIT.

 

1. It is not true that Felipe Ossa requires any authorization from the law firm to sign the affidavit, but it is true that he signed it and that he all the power to do so.

 

6. The absolvent shall state if it is true that the AFFIDAVIT should have been signed by a lawyer expert in Chilean mining law because the mining judicial processes are related to lawsuits governed by the Mining Code and with rights that the holders of mining concessions have. 

 

1. It is not true.

 

7. The absolvent shall state if it is true that within the AFFIDAVIT’s annexed documents, Felipe Ossa did not submit his Cirriculum Vitae, despite the fact that he indicated it in that document, and later in this trial, he acknowledged that this declaration was false since he did not submit it, nor the copy of his graduate degree certificates. 

 

1. I don’t remember it precisely.

 

8. The absolvent shall state if it is true that the Claro & Co law firm should have required one of its partners who was an expert in Chilean mining law to prepare the AFFIDAVIT and not Felipe Ossa Guzman, since the latter acknowledged that he did not have the expertise.

 

1. It is not true

 

9. The absolvent shall state if it is true that the BCSC required the lawyer who was to sign the AFFIDAVIT should be an expert in Chilean mining law.

 

1. It is not true

 

10. The absolvent shall state if it is true that he learned that Felipe Ossa was considered to be an expert lawyer in Chilean mining law before the Panel of Experts of the BCSC.

 

1. I don’t know.

 

11. The absolvent shall state if it is true that Claro & Co. when they require one of their partners or associates to appear as an expert in law of some legal discipline before a foreign court, they entrust the diligence to a lawyer who has that expertise.  In the affirmative, the absolvent shall explain because Felipe Ossa Guzman was allowed to do this work while not having the status of an expert lawyer in Chilean mining law.

 

1. It is true and Felipe Ossa was commissioned because he had all the skills and knowledge necessary to issue the report.

 

12. [The question is withdrawn.]

 

13. The absolvent shall state if it is true that Felipe Ossa Guzman judicially acknowledged that he did not have in view the complete files of the trials where he was required to issue his AFFIDAVIT, as he was in the proceedings Rol C 1912-2001 of the 14^th Civil Court of Santiago, C 719-2011 of the 2^nd Civil Court of Vallenar, Rol C 560-2012 of the 1^st Civil Court of Vallenar, and Rol C 3784-2016 of the 18^th Court of Santiago.

 

1. I think it is true, but I don’t know.  I couldn’t say for sure.

 

14. The absolvent shall state if it is true that the documents attached by Felipe Ossa Guzman to his AFFIDAVIT do not correspond to legalized copies of the document issued by the court and that they do not even have any signature of their supposed subscribers.

 

1. I am not aware that is the case.

 

15. The absolvent shall state if it is true that Claro & Co. has the habit of submitting judicial document that are not originals or that are not legalized copies to foreign courts.

 

1. It is not true that there is a custom of doing one thing or the other, but simple copies of public instruments have full value unless someone objects to them as false.

 

16. [The question is withdrawn.]
17. The absolvent shall state if it is true that he learned that in the trial C 3784-2016 of the 18^th Civil Court of Santiago, Ossa was notified repeatedly through a judicial receiver to appear as a witness, given the legal knowledge he had of said trail, and he did not do so, and that, he was even issued an arrest warrant through the Carabineros of Chile.

 

1. I don’t know.

 

18. The absolvent shall state if it is true that he knows that Mr. Jorge Rodrigo Lopehandia Cortes filed a criminal complaint against Felipe Ossa before the 7^th Guarantee Court of Santiago for the crime of contempt.  In consideration of his contempt of the orders issued by the 18^th Civil Court of Santiago, trial Rol C 3784-2016 to appear in court as a witness and that even at the time of compelling his appearance through the Carabineros of Chile, there was no compliance.

 

1. In answer to the question, I do not know in detail what is formulated in the questions, but I understand that there was such a criminal process to which reference is made.

 

19. The absolvent shall state if it is true that he has knowledge that because of the product of the falsehoods made by Ossa in his AFFIDAVIT, he was subject of criminal complaints filed by both Mr. Jorge Lopehandia Cortes, by the Canadian company MSX and by Mr. Brent Johnson, for crimes of falsification of a private instrument and/or malicious use thereof, causing substantial economic damage to my clients.

 

1. It is not true.

 

20. The absolvent shall state if it is true that as a law firm, they validated all the acts performed by Ossa in his AFFIDAVIT and then those performed by him before the Panel of Experts of the BCSC.

 

1. It is not true that there is a validation of the acts of Felipe Ossa, but the firm considers that everything done by Felipe Ossa was correctly carried out.

 

21. The absolvent shall state if it is true that Claro & Co. received fees from the BCSC for the provision of services performed by Ossa with respect to the AFFIDAVIT and deposition in Canada.

 

1.  Yes, it is true.

 

22. The absolvent shall state if it is true that his law firm, Claro & Co., has lawyers who are experts in Chilean mining law.  If in the affirmative, to clarify because a lawyer who was not an expert in Chilean mining law, such a Felipe Ossa Guzman, was allowed to sign the AFFIDAVIT and then appear to testify about mining trials before a foreign court.

 

1. I think it is possible to consider that Claro & Co. has lawyers who are experts in mining law, other than Felipe Ossa, however, Felipe Ossa had all the necessary skills to issue the report that was requested.

 

23. The absolvent shall state if it is true that Mr. Nicolas Eyzaguirre is a partner of Claro & Co. In the affirmative, indicate the reason why they did not ask this lawyer to prepare the AFFIDAVIT, given the expertise he has in Chilean mining law.

 

1. He is indeed a partner of Claro & Co. law firm, but he was not asked because Felipe Ossa had all the sufficient and necessary skills to issue the report.

 

24. [The question is withdrawn.]

[yureja79]

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