-i- TO THE SUBROGATE PRESIDENT OF THE ... - Chevron

preventing Chevron from proving, the gross improprieties he apparently committed in
violation of Chevron’s rights.
There has not been any investigation of other aspects of the videotapes, a
glaring omission given the existence of other evidence that corroborates both the
identities of the participants on the tapes and the involvement of the Government in
managing this case. For example, subsequent to the recordings, Mr. Garcia appeared
on a radio program, admitting that he was “in charge” of a branch of the Alianza País
movement and that he met with Diego Borja. 264 Court filings in a different case also
identify Mr. Garcia as a “public employee” belonging to the political office of the Alianza
País movement. 265 Additionally, Mr. Novoa’s relationship with the Ecuadorian
Government was confirmed when, in November 2009, Novoa was appointed to perform
public functions as a bank liquidator, a potentially lucrative position often given as a
patronage appointment under the purview of the Superintendence of Banks. 266
Even prior to involvement in this apparent bribery scheme, Judge Núñez made
no secret of the fact that he was biased in favor of the plaintiffs. The Economist, for
example, observed that “[t]he judge in Lago Agrio, Juan Núñez, . . . has made no secret
of his sympathy for the plaintiffs.” 267 The New York Times similarly has noted that
Judge Núñez’s “sympathies… are not hard to discern,” and that “he appears likely to
rule against Chevron this year.” 268 These publications followed a public demand from
the current President for “expedited treatment of cases that are of interest to Ecuador”
during a two-hour luncheon with the members of the National Court of Justice. 269
Consistent with his videotaped activities and his statements to the press, prior to
his withdrawal from this case, Judge Núñez issued unsupportable rulings against
264 See Transcript of Interview of Carlos Patricio García, La Clave, La Luna Radio Station, Sept. 4,
2009, attached as Annex to Chevron’s motion filed on July 13, 2010 at 8:48 a.m.
265 Robles v. Garcia, Pichincha Second Landlord-Tenant Court, Cause: 601 V.P. 2009, July 21,
2009.
266 See Andres v. State Attorney General, Case No. 2009-0827, Third Civil Court. Evidence also
confirms the position of other participants. For example, Rubén Dario Miranda sent Mr. Borja an email
with instructions for wiring money into a bank account of a company registered as a vendor of
Petroecuador. See E-mail from Rubén Dario Miranda to Diego Borja re: cuenta, June 22, 2009 2:20:27
p.m., attached as Annex 10 to Chevron’s Motion, filed July 13, 2010 at 8:48 a.m. Additionally, the
Prosecutor General confirmed that another participant, Aulo Servio Avila, was the property registrar in
Lago Agrio. See Transcript of Press Conference for Prosecutor Washington Pesántez, dated Sept. 4,
2009, attached as Annex 10 to Chevron’s Motion, filed July 13, 2010 at 8:48 a.m. .
267 Justice or Extortion: The Hounding of an American Oil Company, The Economist, May 23-29,
2009, at 42, attached as Annex 6 to Chevron’s Motion in Support of Judge Núñez’s Recusal filed Sept. 9,
2009 at 4:20 p.m., Record at 158365-69, 158366, 158368.
268 In Ecuador, Resentment of an Oil Company Oozes, N.Y. Times, May 15, 2009, attached as
Annex 7 to Chevron’s Motion in Support of Judge Núñez’s Recusal filed Sept. 9, 2009 at 4:20 p.m.,
Record at 158371-74, 158371.
269 CAMPANA M., Joffre, Interference in the Administration of Justice, El Universo (Mar. 5, 2009).
CERT. INTERMARK VER: JD
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