Emerita Provides Update ON New Developments IN Aznalcollar Court Proceedings, Spain
36 Lombard Street West, Floor 4, Toronto, ON, Canada, M5C 2X3
EMERITA PROVIDES UPDATE ON NEW DEVELOPMENTS IN AZNALCOLLAR COURT PROCEEDINGS, SPAIN
TORONTO, July 9, 2021 – Emerita Resources Corp. (TSX – V: EMO; OTC: EMOTF) (the “Company” or “Emerita”)
announces that the presiding judge of C ourt No. 3 of Seville, Judge Patricia Fernandez, has issued new
indictments for the irregularities committed in the award ing of the Aznalcollar public tender, abiding by the
mandate of the Superior Court’s ruling (Please see the Company’s June 24, 2021 press re lease). This is an
important development in that this is the initial court that heard the charges and until recently was not fully
aligned with the Superior Court’s (Provincial) rulings. Upon final review of the body of evidence, the presiding
judge of C ourt No. 3 has reconsidered the courts position relative to earlier rulings and has increased the
number of people charged with crimes as well as added an additional serious charge to be considered during
the upcoming trial.
The new indictment includes the following:
1. Increases the number of accused people from 9 to 16.
2. Increases the charges to the following 4 crimes related to the award of the tender:
• Administrative Prevarication
• Influence peddling
• Management fraud
• Embezzlement due to unfair management
The new order of Judge Fernandez is in line with the judicial resolution of the recently issued provincial court
of Seville. It is noteworthy that Judge Fernandez had previously, on two occasions, rejected the case against
the accused and it was sent to appeal where the appellate court ruled that it had to be reopened. All levels of
the courts are now in agreement with respect to the commission of criminal offenses related to the Aznalcollar
public tender.
Judge Fernandez’s indictment also included the following allegations:
• The owners of Magtel / Minorbis used their relationship with the Secretary of Industry for Andalusia
at the time of the public tender to influence the awarding of the tender in favor of Minorbis -Grupo
México at that time.
• Mr. Vicente Fernández, the former President of the Sociedad Estatal de Participaciones Industriales
SEPI (The Spanish state -owned industrial holding company), influenced and instructed the G eneral
Director of Mines, María José Asensio and the members of the panel to resolve the bidding process in
favor of Minorbis-Grupo México.
Judge Fernandez’s indictment stated that these alleged crimes have caused “patrimonial damage to the public
treasury” that would constitute the crime of embezzlement by un fair management, as it is specified in the
Spanish Penal Code. The Judge also stated that, “It was obviated that the selection criteria in accordance with
the general principles of public procurement should be the most economically advantageous offer, fo rmally
stating that the economic proposal of Emerita was 641.5 million, while the of Minorbis -Grupo México was
304.6 million.”
The illegal fraud occurred by allegedly favoring, promoting and / or allowing Minorbis to participate in the
tender when they did not meet the requirements laid out in the tender instructions. Fraud was also allegedly
committed when Minorbis-Grupo México (not being the best option for public interests) passed to the second
phase of the tender and finally when the panel resolved the tender in favor of those who did not meet the
qualifications to have the right to participate.
36 Lombard Street West, Floor 4, Toronto, ON, Canada, M5C 2X3
It is noteworthy that Judge Fernandez, in this indictment, includes most of the accusations made by Emerita’s
legal counsel.
Following Judge Fernandez’s ruling, the next stage is the formal trial of the accused parties. According to
Emerita’s external Spanish legal couns el this is a very important step since trials in Spain do not typically
proceed to this stage without a high certainty of guilt and it is very rare that accused are found not guilty at
this stage. In this phase, a different judge will review the body of evidence that has led to this point and rule
on the various accusations against the accused. It is important to note that three levels of courts in Spain have
determined that crimes were committed and have ruled that the accused must stand trial.
The Company expects the court appointment and trial date for this phase will be known soon.
With respect to the title to the Aznalcollar property, Emerita’s external Spanish legal counsel has advised the
Company that under Spanish law if there is commission of a crime in awarding a public tender that bid must
be disqualified and the tender must be awarded to the next qualified bidder. Emerita is the only qualified
bidder in this particular tender. Further, the Provincial Court, in reviewing the case during the previous appeal
process, has indicated that the other bid did not meet the requirements laid out in the tender process and
should have been disqualified on that basis. In the settled title dispute related to the Iberia Belt West project,
the court ’s ruling included very specific instructions with respect to rectifying the awarding of the public
tender. In that case it resulted in Emerita obtaining the rights to the project. Joaquin Merino, P.Geo., President
of Emerita states, “We are entering the final stage of this legal odyssey. The years of investigations have been
concluded, the crimes are serious, the judge is expected to set a trial date in the near future and based on the
evidence and numerous decisions by the Spanish courts to date we are confident that the accused will be
found guilty of one or more crimes.”
David Gower, P.Geo., Emerita’s CEO, noted, “This is an important outcome with respect to the Aznalcollar trial
and by extension the ultimate awarding of the public tender. Emerita is well positioned to begin immediately
developing this tier 1 asset for the benefit of the community and all stakehold ers. This final ruling by Court
No. 3 of Seville brings all levels of the judiciary that have been involved in the hearings over the past seven
years into alignment and agreement on the charges for the commission of criminal acts related to the awarding
of the public tender. Importantly, it also makes it clear that the other bid should have been disqualified from
the process as demonstrated by the fact that a number of the charges stem from the fact that it was permitted
to proceed even though it did not meet the criteria required by the tender instructions. Considering this,
Emerita is the only qualified bidder. This brings the process a step closer to a conclusion. According to legal
counsel in Spain it is very rare for a trial to proceed to this fin al stage in Spain that does not conclude with
conviction(s). Counsel also advises that this phase is generally not a long, protracted process as the
investigation is closed and no further evidence can be submitted and appeals to delay the process are no
longer permitted.”
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.
36 Lombard Street West, Floor 4, Toronto, ON, Canada, M5C 2X3
For further information, contact:
Joaquin Merino
+34 (628) 1754 66 (Spain)
Helia Bento
+1 416 566 8179 (Toronto)
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, statements regarding the legal
processes in Spain, the likelihood of the Company obtaining the rights to the Aznalcollar project 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: ge neral 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.
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