more12 Nov 2015 19:33
Ollachea Community Board of Directors informed the subsidiary, Compañia Minera Kuri Kullu S.A., that they consider the manipulation allusions, made by the Board in the EGM Circular, to be offensive and also that the statements made by the Non-Executive President, Jaime Pinto, regarding Community support for his position inappropriate. The Community has requested a meeting with COFIDE to learn about the status of the credit granted to the Company. After said meeting they will issue a statement regarding their position in relation with the project development and the Company.
Chronology of events from March to October 2015
Regarding the events that took place in the Company from March to October 2015, they include the plans of Mr. Hodges to take over the position of CEO, and obtain extraordinary benefits through a contract with his consulting firm, which includes becoming a second structurer of the financing agreement that fails to acknowledge the express exclusivity of the Mandate signed with COFIDE as sole structurer until May 2016.
It is necessary to specify that the management of Mr. Chamberlain and Mr. Benavides, Company founders, was thoroughly assessed by more than 20 companies from around the world, that between 2012 and 2014 visited the projects in Peru and had full access to the accounting information as part of their interest to be part of the financing or development of Ollachea project. Also, from February 2014 to June 2015, COFIDE and Goldman Sachs performed a Due Diligence in the Company.
Mr. Hodges, after COFIDE bridge loan was secured, failed to acknowledge all these processes of corporate legal review and started a re-organization that included the Ethics Hotline that served the Board to justify the dismiss of Mr. Benavides as CEO due to alleged inaccuracies that are still unknown up to this date, three months after Mr. Benavides' removal, on August 24, 2015.
These and other facts described below led Mr. Benavides to file a criminal complaint due to acts of Management Fraud, Defamation and Misrepresentation against Daryl Hodges, Douglas Jones, Robin Fryer, Jaime Alberto Pinto Tabini and Carlos César Yrigoyen Elejalde. They will be summoned by the Peruvian justice system through mechanisms of international criminal cooperation and Interpol, in order to clarify the criminal offenses attributed to them.
Chronology of events:
On March 4, 2015, the Company's CEO, Courtney Chamberlain, before his medical leave, refused to accept the proposal of Mr. Daryl Hodges to be appointed CEO, and held to his original decision to assign the co-founder, Diego Benavides, for this position. On March 5, 2015, the Board appointed Mr. Hodges as Executive President and Mr. Benavides as Interim CEO. The due diligence on Mr. Benavides performed by the Company's nominated advisor, Canaccord Genuity, was satisfactory, and his appointment as Interim CEO was announced on May 5, 2015.
After his nomination as executive presiden