Friday, June 9, 2023

Maduro’s appeal against court ruling that gave opposition access to gold ends

The London Court of Appeal will announce in the coming weeks, appointed by the Board of Appeal of the Central Bank of Venezuela (BCV) after it expires this Wednesday Nicolas Maduro For the decision granting parallel rights appointed by the opposition on gold deposited in the Bank of England.

Three judges of the London court have indicated they will announce their decision at an undetermined date, first in private, to the parties, who completed their arguments today, a day ahead of schedule.

The Court must determine whether to accept or reject an opinion issued on July 29 by Judge Sarah Cockerill of the Superior Court’s Commercial Division, which denied access to reserves of greater value to BCV’s “ad hoc” board appointed by Juan Guaidó. gave. 1.8 billion dollars.

The board of Maduro’s BCV, chaired by Calixto Ortega—present in the room—said that Cockerill erred in concluding that he could not give effect to certain sentences of the Venezuelan Supreme Court of Justice (TSJ) based on English law , which was cancelled. Appointment of the then Leader of the Opposition to his Board.

The judge verified that, because of the principle of “one voice” – which requires the British judiciary and the government to act in a unified manner in foreign policy – ​​he had to accept the appointments by Guaidó as sovereign acts, which in February Recognition to the United Kingdom as interim President of Venezuela, acting from 2019.

Andrew Fulton, a lawyer for Guaidó’s “ad hoc” board, on Wednesday rejected an argument presented Tuesday by the Maduro side, which asked the court to take into account, when analyzing the decision, that the British government last January Guaidó was stopped from being recognized. in December 2022 after he was ousted by Venezuelan opposition groups.

Richard Lysak, a lawyer for the ruling party, argued that if London no longer recognized Guaidó, the principle of “one voice” would no longer prevent recognition of his board’s annulment sentences issued in 2019 by Venezuela’s Supreme Court .

Fulton said that Cockerill’s opinion was not at all affected by political events in Venezuela and urged the magistrates to stick to the position it was issued.

In its documents submitted to the court, this lawyer states that, despite Guaidó’s dismissal, the “ad hoc” board remains and seeks to represent the BCV in this jurisdiction to claim the gold.

“The members of Guaidó’s board were appointed by executive acts of the then recognized interim president (…), and such acts remain valid (in England) until they are rejected by the new president or government.” is not done,” he says.

Fulton stressed that although the United Kingdom no longer recognizes Guaidó, it also does not accept Nicolás Maduro as the legitimate president.

He indicated that when the result of this appeal is published and whether it is favorable or not, Maduro’s side plans to file a new lawsuit before the Chamber of Commerce to decide whether London is now Guaidó. does not recognize, who can now access the reserve. A source from the legal team.

At the same time, BCV’s “ad hoc” board is demanding that Maduro pay legal costs of around £2 million (2.3 million euros) (in a lawsuit he lost), although lawyers for the official side allege that the money The opposition invested was not theirs but that of Venezuela.

Nation World News Desk
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