Leonardo Suárez Montoya
lsuarez@correodelcaroni.com
Photo William Urdaneta/File

More than 30 requests of substitute measurement of freedom it has realised the defense of Saud and Chancellor

It argues: it is not only the political background or the criminalization of the protest, is the use of the penal right of the enemy; it is not only the contractual breach of Crystallex, are the economic interests that there are of behind; it is not only a vitiated judicial process and of appeal, it is the accusation of the defense towards the regional executive authority and to the Armed Forces.

“If the decision is fit to right, we won”, affirms to Enio Fields, legal representative of Saud and Chancellor. The 64 pages of the resource of Annulment present/display eight arguments that set out rupture of the legal norm in the judgment that condemned to the mining leader and councilman of Sifontes (for 2005).

The defense begins its plea when affirming that transnational the Canadian Crystallex did not have the environmental permission to operate the auriferous resources in the sector the Claritas, in kilometer 88 of Main the 10, in the state Bolivar.

It indicates Fields that in spite of it the company/signature of the agreement between the CVG - presided over by Francisco Rangel passes by then Go'mez, today governor of the state and Crystallex, that initiates its operations.

Once again the defense maintains that the miners were right sufficient to protest inasmuch as the company did not fulfill the commitments that had assumed, among them the creation of use sources; as well as, that noticed that the extraction of gold also was realised by illegal means.

Fields reiterate that the Government gives the reason to the town when terminated the contract with Crystallex the past month. Nevertheless it is to the regional government and the Armed Forces those who it blames of agavillamiento, one of the four imputed crimes to Saud (Chancellor in addition public blames itself to him to generic embezzlement of bottoms).

Judicial process
“We knew of the bad faith and the bad intention, but we fought with anger and with justice”, Octavo of First Traveling Instance says to Fields when talking about to judge of the Mixed Court, Ramon Blackberry. “Wine, condemned and it went of the state”.

“They go to the court of appeals and the three magistrates (who receive the case) applied to the operation morrocoy and they stayed out”, remembers. “We appealed to the three days of the sentence and is that they stayed out to tire to the defense”.

The law establishes that the lapse of answer for the appeal resources is of 10 working days.

Nevertheless, Fields limit that average month did not go but until a April later - and of 2010 that were pronounced with the inhibition.

The lawyer puts of relief that this one is another one of the vices of the judicial process, inasmuch as one already cuts accidental in 2009 considered one first inhibition of the magistrates inadmissible. This measurement was ratified by the Constitutional Room of the TSJ and drew attention of the magistrates.

“In spite of the delay, we obtained a hearing (for the resource of Annulment, against the appeal) in November”, continues the lawyer the explanation.

More vices
In this hearing - the defender of Saud relates and Chancellor- omitted the presentation of the tests. Among them, Fields emphasize a video of the judgment in which Blackberry, judge eighth traveling one, condemned by terrorism the leaders mining and political.

It explains the lawyer who first that judge does not have competition on terrorism and second that a change of legal qualification”, that when asking the sentence in physical Blackberry returned to change, now by the crime really imputed was “, to incitement to the panic and the sinking. It argues Fields that by this vice just, the penal adjective right establishes that the sentence is null.

It adds two aspects: the judgment had to be public and it was not it, first; and secondly, the annulment resource as soon as the last week was sent to Caracas, with more than four months of delay.

Public ministry…

When talking about to the preliminary hearings and the process of appeal, Enio Fields - defense counsel of Carlos Chancellor and William Saud- speaks of the vices within the Public Ministry and how next to the regional government, Crystallex and the Armed Forces they orchestrated a political and penal persecution against the ex- mayor and mining leader, respectively.

And although he reaffirms to have tests on his accusations, recognizes nevertheless, that as for the state of health of the mining leader and the substitute measurement of freedom “a good faith” on the part of the Public Ministry exists.