
By the A.M. Costa Rica
staff
A former environmental minister once
again declared his innocence after
another preliminary hearing began
Thursday in the controversial and
complex Infinito Gold criminal case.
The former minister is Roberto
Dobles-Mora.
Also an accused in former president
Óscar Arias-Sánchez. The case
involves official actions in favor
of the Canadian firm Infinito Gold
Ltd. Arias, in his capacity as
president signed a decree in 2008
that said the Las Crucitas*
open-pit mining project in Cutris,
San Carlos, was in the national
interest. Dobles is involved
because he, too, signed off on the
measure.
The case is being hear in the courts
in Goicoechea*.
Presiding Judge Karla Bonilla
Ballestero will decided if the case
will go to a full trial. The
allegation is that the presidential
decree was based on false facts.
The open pit mine had been praised
by officials as a major economic
development in northern Costa Rica.
Environmentalists and activists
condemned the project for being a
potential source of pollution.
Hundreds of students rallied for
months against the project. One
activist even walked from San Jose
to the site to attract media
attention.
Officials of the Canadian firm
estimated that there were billions
of dollars of gold in the ground
that could be extracted by a
leaching method. The decree by
Arias provided certain bureaucratic
benefits to the firm to expedite
development of the project.
The case has been in and out of the
courts and appeals panels for nearly
nine years.
"I am totally innocent, what is
being accused. When I signed the
documents that I had to sign, I did
not knew that there was an
illegality and of course the
ministers sign many things And this
project had been studied for 17
years, which is why I have indicated
that today I am innocent," Dobles
said on leaving the hearing.
Testimony is expected to last
through the first week of next
month.
In addition to Arias and Dobles,
there are six more defendants who
were employees of the National
Environmental Technical Secretariat
and the National Registry.
According to the allegation of the
prosecution, the defendants
committed irregularities in issuing
the decree of national convenience
in 2008.
In 2010 the Contentious Court
annulled the decree, which allowed
an accusations to be opened against
the suspects.
In January 2015 Dobles was judged
and found guilty in January 2015.
The former minister was sentenced to
three years in prison for the fault
of malfeasance. However in November
of that year an appeals panel
annulled the sentence.
The
Public Prosecutor's Office
requested the dismissal of the
case against Arias in 2014, and a
criminal court accepted the
request. For that reason, there
was never a trial.
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A.M. Costa Rica
wire services photo
The gold mining company
was hit with environmental
allegations and its
concession was canceled.
The
former attorney general,
Jorge Chavarria, that year
had created two different
files to make two trials
despite being the
allegations being a single
case. It was then that a
file was made for
Arias and another for
Dobles and the rest of the
suspects.
In November 2017, the new
attorney general, Emilia
Navas, announced the
reopening of the cases and
requested a judge to
combine all the
allegations against all
the suspects. Last
November a judge accepted
the request.
Sofia Valenzuela, a
prosecutor in the Public
Prosecutor's Office,
requested a trial, which
led to the preliminary
hearing that started
Thursday.
The gold mining company
was hit with environmental
allegations and its
concession was canceled.
Among other crimes alleged
were the cutting of
mountain almond trees that
are favored by the great
green macaw. The company
cut some of the trees to
prepare for the mining
pit, in part due to the
decree by Arias.
After the government
annulled the concession,
Infinito Gold opened a
claim for $321million for
compensation before the
International Center for
Settlement of Investment
Disputes of the World
Bank. That action
generated protests here
and in Canada. The
arbitration is under the
Canadian-Costa Rican trade
agreement. The company
since lowered its request
even though the
international price of
gold has soared since the
firm announced the
project.
The arbitration center's
website Thursday still
listed the case as
pending, meaning no
decision has been
made. The last
action was Jan. 8 when the
three-arbitrator panel
considered the production
of more documents.
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Should the government pay
the reimbursement
requested by Canadian
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