Despair of Cerro Verde in litigation against APIAES
* Your lawyer is the former President of the Superior Court of Justice and presented two technical means of defense to try to end the trial.
* Meanwhile, former president of the miner, Randy Lee Davenport, continues to warrant international
Vistaprevia / Hugo Mendoza CH.
defense arguments of counsel for the Sociedad Minera Cerro Verde, made sleeping at times the president of the Fourth Criminal Court, Juan Chaves Zapater. The mining company is embroiled in a lawsuit with the Association of Agroecological Producers South Industrial APIAES.
The dispute is over possession of land of 246 hectares, located in Yarabamba. APIAES partners argue that they are the first landholders and mining advocates have an indicating that mining claims recognized by the Ministry of Energy and Mines.
However, the possession of land for APIAES already renowned prejurisdiccional (Police) and jurisdictional Public Prosecutor (OTP) and Criminal Court.
response, Cerro Verde has embarked a strong defense. Therefore, it has hired none other than former president of the Superior Court of Justice, Berly Cano Suarez, the same lawyer that claimed 85 000 soles to the Provincial Municipality to address the trials of former mayor Yamel Romero. At that time, Cano's daughter worked in the municipality.
On August 3, Cano filed on behalf of Cerro Verde two defenses. The first exception is the Nature of Action, a Christian means that the mining company wants to show that the facts alleged by APIAES no criminal. And the second is the question, is concerned that the acts had been investigated by the Civil pathway, therefore, have no criminal connotation.
"We are not seeking impunity, there is no intention to evade justice," said Cano, under the watchful gaze of Patricia Quiroz, a lawyer for the mine.
"I know they have committed a crime and may be sentenced, punished and pay reparations. Cerro Verde is appealing to the smacking of drowning to finish a trial time with the farmers, "said Javier Fernando Ballon, APIAES lawyer.
The judicial process will be extended further, however, APIAES members have shown their interest to reach an agreement out of court, ie to reconcile with the mine and leave the field to exploit the minerals found.
This raises two potential Solution: A Cerro Verde is given some land in compensation in any other area of \u200b\u200bthe city and one that will pay the investment in plantations that were in the land in dispute. The average farmer would be $ 20 000.
The problem between farmers and mine is from 1999. At the time the Seventh Criminal Court, by Judge Coaguila Jaime Valdivia, has ordered international arrest warrant for former president of Cerro Verde Randy Lee Davenport, who is in absentia status.
judicial process as a struggle between David and Goliath. The mining giant is receiving heavy blows of small farmers. At least in the early stages, you APIAES Cerro Verde has earned.
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