To: Bob Walsh who wrote (7377 ) 3/24/1998 9:08:00 AM From: Islander Respond to of 10836
Valentine: Where are your 'rulings' or court documents to support your theses? Here are mine: "Based on all of the considerations made, this Appellate Division of the Supreme Court of Justice, in the name of the Republic and by authority of the Law: - DECLARES that the petition for approval of the waiver of Attorney at Law Jes£s Garc¡a renas, in his capacity of attorney of the business concern INVERSORA M EL, C.A., whereby he waives "...any effect in its favor..." of the judgment issued by this Court on this trial, dated on May 9th, 1991, is unfounded. - DECLARES that the petition of the plaintiff attorneys, in their writing dated on May 16th, 1996, whereby they request for an order to be issued prohibiting the MINISTRY OF ENERGY AND MINES to pronounce with respect to the applications for concessions for the exploration and subsequent exploitation of alluvial and vein copper mines foreseen in Article 174 of the Law of Mines, within the same perimeter of the concessions denominated "Cristina Four (4)" and "Cristina Six (6)", is unfounded. - ISSUES the Decree referred to in Article 524 of the Code of Civil Procedure, and ORDERS the execution of the judgment issued on this present case on May 9th, 1991, for the purpose that the MINISTRY OF ENERGY AND MINES voluntarily comply, within a Term of 10 juridical days counted as of the moment of being served notice of this present judgment, with its obligation of publishing in the Official Gazette of the Republic of Venezuela, the NOTICE referred to in Article 15 of the Law of Mines, concerning the assignment of the concessions of alluvial gold mines denominated "Cristina Four (4)" and "Cristina Six (6)", made by citizen Ram¢n Torres to the corporation INVERSORA MAEL, C.A. Orders are hereby issued for this decision to be published and registered. Let the orders be complied with. Given, signed and sealed in the Courtroom of the Appellate Division in Political-Administrative Matters of the Supreme Court of Justice. In Caracas, on this sixteenth (16th) day of the month of October, one thousand nine hundred and ninety-six (1996). Years 186th from Independence and 137th from Federation." (English translation) and with regard to the appeal to admit the motions as pertain to the gold concessions they are being argued as follows: "This appeal is being taken on the ground that there was no constitutional authority for the Ministry to make its resolutions with the result that the resolution has always been legally invalid. If the legal invalidity of the resolution is accepted on appeal, the finding of the Admission Court that the motion attacking the 1989 resolutions was brought too late would be irrelevant because the resolution would never have been legally operative. The second development is that on July 31, 1997, Judge Acuna formally suspended any legal effect of her previous decision not to admit the three motions based on the 1989 resolution. The result is that the Chamber will have full authority to entertain the motions concerning the 1989 resolutions as though Judge Acuna had not made her preliminary ruling. Accordingly, Mael's entitlement to be treated as the owner of the Concessions has not been disturbed by the latest court decision." Judge Acuna disqualified herself from ruling on these matters as it was not in her mandate as an admissions Judge. In suspending 'effect' of her 'non-admission' ruling, this deprived CVG/Minca of any legal standing viz the gold issue. On appeal, the gold motions went with the copper motions before the PAC to be treated as one single petition containing all eleven original motions. They are not separable. The gold arguments as presented above and in the SC rulings giving ownership of alluvial gold to Invesora Mael since 1986 will effectively turn the clock back to that time and void the MEM resolutions ab initio and de facto. PDG/Minca has no say whatsoever in these proceedings as their writs were rejected. Besides which PDG/Minca only had CVG given work contracts to begin with. Invesora Mael is rightful owner of LC4&6, HAS THE GOLD RIGHTS AND WILL PERFECT TITLE IN THIS NEXT RULING!! I am sleeping well, Valentine, how about you? Regards.