Last Update: 6:30 pm, January 13th, 2022
Main Points of the Day
- The trial starts up again after suspended on December 13, 2021 when defense attorneys recused the judges hearing the case. The recusal was sent to the Appeals court in La Ceiba over the holidays and was later rejected. The trial will continue with the same three judges despite demonstrated partiality and an illegal addition of a fourth charge.
- Today’s session begins with discussions and debates about new evidence presented by the prosecutors. The defense asked for access to the contents of a USB memory; and objected to the ‘protected’ status of a protected witness.
- The defense also presents seven documents and three testimonies as new evidence. The prosecutors object to all the documents presented. They include:
- Document #1: A internal memorandum from April 2014 from offices inside the National Institute of Forest Conservation (IFC) signed by an engineer and biologist that establishes that the Los Pinares mining project is not environmentally feasible because its been proposed inside a protected area. The document indicates that the project will cause a significant environmental impact.
- Document #2: A technical document signed by an engineer from a local IFC office dated January 17, 2014 concluding that mining is not activity that is permitted inside a protected area and therefore, renders the mining concession granted to Los Pinares as infeasible.
- Document #3: A document from the Wildlife office inside IFC indicating that the Montaña de Botaderos Carlos Escaleras National Park is inside the MesoAmerican Corridor, is a sub-tropical forest and that the flora and fauna found inside the park is protected by international agreements. A mining project in the area is not feasible because the area is protected.
- Document #4: A legal opinion written by an IFC legal advisor concluding that the environmental license granted by the Ministry of Energy, Natural Resources, and Environment should be declared without merit.
- Document #5 and #6: Technical reports that declare the mining project environmentally infeasible.
- Document #7: A legislative file obtained through a freedom of information request that shows that the boundaries of the National park were modified to allow mining inside the park.
- The defense argues that the above documents show the real reason why a large group of people are protesting the project and were present on September 7, 2018, the day of the incidents in question. They were exercising their legitimate right to protest, a constitutionally protected right, and the documents show that the motives behind the protests were to protect the environment and local water supply. They also demonstrate that the project is based on corrupt acts.
- The trial is suspended for the day at 3:00 pm to allow the judges time to deliberate and determine what additional evidence will be admitted by the court. The trial will resume tomorrow at 9 am.
For a Spanish summary of today’s court proceedings, see @guapinolre’s (Twitter) post
To watch today’s proceedings (which are incomplete since the court did not broadcast the trial until the afternoon), see here
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