Administrative Superior Court Agrees to Emerita’s Request to Suspend the Administrative Court Resolution Until Ruling by the Criminal Courts is Rendered
May 02 2022 - 6:00AM
Emerita Resources Corp. (TSX – V: EMO; OTC: EMOTF)
(the “Company” or “Emerita”) announces that the Administrative
Superior Court of Andalusia (Seccion Primera Sala de lo
Contencioso-Administravo del Tribunal Superior de Justicia de
Andalucia) has agreed to Emerita’s request to withhold its
resolution with respect to the Aznalcollar administrative case
until the Criminal Court trial is resolved. This is viewed by
Emerita’s Spanish legal counsel as an important ruling as it
ensures that the criminal process, where most of the evidence has
been collected, will be sufficiently advanced so that the evidence
of the criminal trial can be used in the administrative case.
Background
On September 30, 2021, the Administrative Court
unilaterally lifted the suspension of the administrative case
involving the Aznalcollar public tender. Prior to that, the
Administrative Court was awaiting the completion of the criminal
case. On October 14, 2021, Emerita appealed the decision of the
Administrative Court as it was concluded that the relevant facts
were essentially identical in both cases and therefore the
Administrative Court should wait for the facts to be resolved in
the Criminal Court where most of the evidence was compiled. This is
the normal process in the vast majority of cases where the Criminal
and Administrative courts are in proceedings related to the same
case.
The Administrative Court has now concurred with
Emerita that the facts in the criminal case and the administrative
case are substantially similar and has decided to suspend issuing
its resolution pending the outcome of the criminal trial. With this
decision it is expected that the evidence of the criminal case will
be fully available to the Administrative Court in the
administrative case. The Administrative Court has already reviewed
the case in order to make the determination that the cases are
substantially similar and as such Spanish Counsel does not
anticipate a significant delay beyond completion of the upcoming
criminal court hearings for the Administrative Court
resolution.
According to Emerita’s Spanish counsel, an
ambiguous or unclear administrative ruling could have potentially
weakened the legal arguments in the criminal trial. Emerita’s
request that the Administrative Court withhold resolving the
administrative case until the criminal case was resolved was part
of Emerita’s strategy to ensure that both the Administrative and
Criminal cases benefitted from the extensive evidence collected in
the criminal case as well as preserving Emerita’s right to appeal
in the administrative case had a decision in such case preceded a
resolution in the criminal case.
The date for the criminal hearing has not yet
been set due to Covid backlogs, however the judges and the court
have been named and a date is expected in the near future, once a
suitable period of court time is available. Due to the number of
people charged the criminal hearing is expected to require
approximately 2-3 weeks of court time.
According to Damian Lopez, Corporate Secretary
for Emerita, “The Company views this decision as very positive. The
criminal case has been supported unanimously by five judges, that
have articulated the irregularities in detail. The Administrative
Court indicating that it considers the facts to be substantially
the same as the Criminal Court supports the expectation that the
cases will be resolved in line with the court rulings we have seen
to date.”
About Emerita Resources
Corp.Emerita is a natural resource company engaged in the
acquisition, exploration and development of mineral properties in
Europe, with a primary focus on exploring in Spain. The Company’s
corporate office and technical team are based in Sevilla, Spain
with an administrative office in Toronto, Canada.
For further information, contact:
Joaquin Merino+34 (628) 1754 66 (Spain)
Helia Bento+1 416 566 8179
(Toronto)info@emeritaresources.com
Cautionary Note Regarding
Forward-looking Information
This press release contains “forward-looking
information” within the meaning of applicable Canadian securities
legislation. Forward-looking information includes, without
limitation, the Company’s ability to obtain the rights to the
Aznalcollar project, the timing and results of the court cases in
Spain and the Company’s future plans. Generally, forward-looking
information can be identified by the use of forward-looking
terminology such as “plans”, “expects” or “does not expect”, “is
expected”, “budget”, “scheduled”, “estimates”, “forecasts”,
“intends”, “anticipates” or “does not anticipate”, or “believes”,
or variations of such words and phrases or state that certain
actions, events or results “may”, “could”, “would”, “might” or
“will be taken”, “occur” or “be achieved”. Forward- looking
information is subject to known and unknown risks, uncertainties
and other factors that may cause the actual results, level of
activity, performance or achievements of Emerita, as the case may
be, to be materially different from those expressed or implied by
such forward-looking information, including but not limited to:
general business, economic, competitive, geopolitical and social
uncertainties; the actual results of current exploration
activities; risks associated with operation in foreign
jurisdictions; ability to successfully integrate the purchased
properties; foreign operations risks; and other risks inherent in
the mining industry. Although Emerita has attempted to identify
important factors that could cause actual results to differ
materially from those contained in forward-looking information,
there may be other factors that cause results not to be as
anticipated, estimated or intended. There can be no assurance that
such information will prove to be accurate, as actual results and
future events could differ materially from those anticipated in
such statements. Accordingly, readers should not place undue
reliance on forward-looking information. Emerita does not undertake
to update any forward-looking information, except in accordance
with applicable securities laws.
NEITHER TSX VENTURE EXCHANGE NOR ITS REGULATION
SERVICES PROVIDER (AS THAT TERM IS DEFINED IN THE POLICIES OF THE
TSX VENTURE EXCHANGE) ACCEPTS RESPONSIBILITY FOR THE ADEQUACY OR
ACCURACY OF THIS RELEASE.
Emerita Resources (TSXV:EMO)
Historical Stock Chart
From Mar 2024 to Apr 2024
Emerita Resources (TSXV:EMO)
Historical Stock Chart
From Apr 2023 to Apr 2024