Sixth circuit orders immediate release of Michael, Megan and Greg/Guatemalan Judge Orders Mining Company CEO to Appear in Court

Sixth circuit orders immediate release of Michael, Megan and Greg by tnplowshares In an amazing turn of events, the Sixth Circuit Court of Appeals this evening ordered the immediate release of Megan Rice, Michael Walli and Greg Boertje-Obed, the Transform Now Plowshares activists who were serving time in federal prison for their action at the Y12 Nuclear Weapons Complex in Oak Ridge, TN to protest plans for a new multibillion dollar nuclear bomb plant there. Things unfolded rapidly this afternoon. At 4:00pm word came from Bill Quigley, attorney for MGM, that the government had filed a notice that it would not oppose the release of Greg, Michael and Megan pending resentencing. The government's notice was interesting—it included notice to the court that, when resentencing did happen, the government would not be seeking terms of imprisonment greater than the time already served. But, the prosecutor said, the court could not release the defendants unless it determined their were "extraordinary circumstances." The government's brief went on to note the issues cited by the defendants did not constitute ordinary circumstances. There was a way, though, the government pointed out, under a different statute, and then noted that another court had ruled keeping a defendant unjustly incarcerated beyond the time they would be expected to serve would be an extraordinary circumstance. "We defer to the Sixth Circuit" said the government. Then, just after 7:00pm this evening, the Sixth Circuit ordered the immediate release of Megan, Greg and Michael on their own recognizance. The order is not available at this time, but the word from Quigley is reliable. In a delightful serendipity, Monday is Greg Boertje-Obed's birthday—with any luck, he will be home to celebrate it with his family! tnplowshares | May 15, 2015 at 10:01 pm | Categories: Updates | URL: http://wp.me/p2DeLo-dY

http://readersupportednews.org/news-section2/318-66/30095-guatemalan-judge-orders-mining-company-ceo-to-appear-in-court

 

Excerpt: "Morales requested the public prosecutor to have McArthur 'testify over the policy of criminalization that Minera San Rafael has been carrying out against community leaders' opposed to the Escobal mining project."

A general view of the San Rafael mine, a subsidiary of Canadian firm Tahoe Resources, in Guatemala's San Rafael Las Flores municipality. (photo: AFP)

Guatemalan Judge Orders Mining Company CEO to Appear in Court

By teleSUR

10 May 15

  A Guatemalan judge granted an anti-mining activist’s request, who accuses the company of criminalizing community leaders opposed to the mining project.

he CEO of Canadian mining company Tahoe Resources is scheduled to appear in a Guatemalan court on Wednesday in order to testify in the case of a prominent anti-mining activist, who denounces in return the criminalization of his group.

Founder and CEO Kevin McArthur was ordered to testify along with Donald Paul Gray, the Tahoe’s vice president of operations. Tahoe owns the Escobal silver mine in southeastern Guatemala, which started in 2014. 

Opponents to the mining project have faced various attacks and even murders among their members, while dozens have faced repeated criminal charges.

Oscar Morales García, coordinator of the Committee in Defense of Life and Peace of San Rafael Las Flores, has been charged with threatening an executive of Minera San Rafael, a Guatemalan subsidiary of Tahoe Resources. In October 2014, Morales requested the public prosecutor to have McArthur “testify over the policy of criminalization that Minera San Rafael has been carrying out against community leaders” opposed to the Escobal mining project.

As McArthur did not comply with a previous prosecutor's order to testify in October of last year, the judge issued a new summons on April 28, even instructing the police to ensure that the two mining executives comply.

Grahame Russell, director of Right Action, welcomed the unexpected decision “in a context of endemic impunity and corruption” that affects all state institutions in Guatemala. However, the director of the Canadian-based solidarity organization was pessimistic about the outcome of the trial.

“I believe it unlikely that McArthur will appear to give evidence, and this is a testament to the culture of impunity and corruption that characterize most global mining companies that operate in Guatemala,” he told teleSUR. 

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