“An Ecuadorean court dealt the plaintiffs a setback Tuesday in a $27 billion environmental contamination lawsuit against Chevron Corp., accepting the presiding judge’s request to be removed from the case.”
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“The Provincial Court of Justice of Sucumbios decided on Monday to accept the recusal of Nunez.”
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“Judge Nunez asked to be removed from the case earlier this month after Chevron released a video in which two businessmen repeatedly ask him if he planned to rule against Chevron and he is heard to answer “yes.” Chevron says the businessmen were asked to pay million-dollar bribes for a remediation contract by a political ally of Correa.”
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“A court in Ecuador has said it will let a judge overseeing a multi-billion dollar lawsuit against US supermajor Chevron recuse himself from the case after initially denying his request.”
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“Nunez “has betrayed the public trust and violated his solemn duty to judge impartially and independently,” Adolfo Callejas Ribadeneira, a Chevron lawyer, said in the filing.”
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“In essence, by filing the suit, Chevron is requesting arbitration through a procedure established by a United Nations commission specializing in international trade law. That procedure is separate from the core lawsuit, although under the 1997 pact, Ecuador is required to recognize arbitration as binding.”
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Time and again, Pablo Fajardo has used his brother’s death for PR purposes in attempt to cast suspicion on Chevron and ostensibly further the goals of the lawsuit. In various speeches, public engagements and news stories, Fajardo has implied that Texaco (Chevron) was responsible for his brother’s 2004 murder. Below are two instances of statements made by Pablo Fajardo that pertain to his brother’s death.
In reality, Wilson Fajardo’s death has been thoroughly investigated and police reports have identified the local individuals responsible. In fact, prior to his first public claims of Texaco’s (Chevron) purported involvement, Fajardo filed a statement with the District Prosecutor at the time of his brother’s murder that makes no mention of Texaco or Chevron. In an official statement he alleges that three local men who had a history with his brother were responsible for the murder.
Further, an El Commercio editorial implies that Fajardo’s death was the result of comments made about the FARC and drug trafficking while working as a reporter with Radio Ecuador.
Whatever the case may be, official police reports, investigations and news reports lack any suggestion that Texaco (Chevron) was involved. Fajardo himself admitted that Chevron had no role in these events. Nonetheless, Fajardo continues to make misleading public statements about his brother’s murder and Chevron’s involvement.
Complaint – Murder of Wilson Fajardo
Police Report – Wilson Fajardo murder
9/29/09 Update – For the second time in a month, Judge Juan Núñez has been removed from the Lago Agrio trial. The Provincial Court of Justice of Sucumbios decided on Monday to accept the recusal of Núñez. Chevron is continuing to push for the annulment of the judge’s previous decisions, including rulings to facilitate, as well as shield from scrutiny, the biased Cabrera process.
From 9/24/09 - In yet another twist in the Chevron case in Ecuador, Judge Juan Núñez has been reinstated as the presiding Judge in the Lago Agrio court.
Just four days after Chevron released a series of videos that depicted serious judicial misconduct, Ecuadorian Judge Juan Núñez was asked by Ecuador’s Prosecutor General to recuse himself from presiding over the Chevron environmental lawsuit in Lago Agrio.
However, this past Tuesday, the Ecuadorian court announced that Judge Núñez would resume presiding over the Chevron case on the basis that he had failed to provide any evidence to support his recusal. Meanwhile, the court has not ruled on the merits of Chevron’s petition for Judge Núñez to be removed from the case or the extensive evidence that Chevron provided of corruption, bias and prejudgment.
All along, Chevron has maintained that no judge who has participated in the type of meetings (shown here) could possibly have rendered a legitimate decision. Through his past rulings, Judge Núñez has demonstrated a clear bias in this case as he has consistently shielded the corrupt Cabrera process from any sort of reasonable inquiry and scrutiny. Judge Núñez has also made multiple prejudicial public statements clearly indicating that he lacks objectivity, is biased, and has prejudged the case. Now, with the release of the evidence that Judge Núñez was involved in inappropriate meetings connected to a bribery plot, there is further proof that he has prejudged the case.
The U.S. State Department, in its Investment Climate Statement on Ecuador released in February 2009, has found that Ecuador’s “courts are often susceptible to outside pressure and bribes. Neither Congressional oversight nor internal judicial branch mechanisms have shown a consistent capacity to effectively investigate and discipline allegedly corrupt judges.”
Should Judge Núñez continue to preside over the case, it would further validate the State Department’s findings and reinforce that the rule of law in Ecuador has been compromised.
