| | Mon Feb 9, 2009
Mexican Prosecutor Rules On Criminal Misconduct Case Finds No Grounds For Prosecution - Case Is Closed
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| | February 9, 2009 - Vancouver, BC - Farallon Resources Ltd. ("Farallon" or the "Company") (TSX: FAN) announces that the Prosecutor General's Office in Hermosillo, Sonora State, Mexico has issued a ruling, reaffirming a previous ruling dated October 15, 2007 (see News Release dated November 6, 2007) finding no evidence of any criminal misconduct in a complaint filed by David L. Hermiston in 1999. The ruling re-states that there are no grounds whatsoever for criminal prosecution against Farallon or any of its Directors in the matter.
On December 15, 2008, the Second Collegial Tribunal for Criminal and Administrative Matters for the Fifth Circuit sitting in Hermosillo, Sonora entered judgment on the Criminal Review Constitutional Relief [Amparo] Petition filed by David Leslie Hermiston Chester, identified with case file Number 287/2008, against the decision entered by the Third District Judge sitting in the same city in which: i) the amparo suit is dismissed; and ii) relief and protection of federal justice against the acts of the Assistant Prosecutor for Process Control in the Attorney General's Office for the State of Sonora is denied.
It is worth noting that the acts of the Assistant Prosecutor for Process Control in the Attorney General's Office for the State of Sonora refer to issue of the resolution given in preliminary investigation 16/99, dated October 15, 2007, which ruled "to affirm the decision of 'non-exercise of criminal action' against any of the representatives of Farallón Minera Mexicana, S.A., including the Directors of same for the crimes of 'Perjury,' 'Cover-up,' and 'Criminal Association.'" The criminal accusation, resolved through the aforesaid ruling of December 15, 2008, was filed by David Hermiston in 1999.
This judgment finally concludes the criminal case with regard to Farallón and its representatives, there being no further appeal that can be filed by Hermiston. It is also important to note that the preliminary investigation continues open with regard to the possible commission of some crime by Minera Summit de México, S.A. de CV, Pedro Villagrán and his group.
The foregoing judgment was issued on December 15, 2008, and it was published on December 24, 2008.
Although the previous judgment (October 15, 2007) was final, it allowed Mr. Hermiston to file the Amparo against Minera Summit and Mr. Villagran. Farallon's legal counsel registered as a "third party" with the court to ensure that any issues regarding Farallon could be dealt with at the same time and also to ensure that the case against Farallon was not re-opened in some manner. The Public Prosecutor has now ruled on the case three times and, in each instance, has found that there is no basis for the allegations made by Mr. Hermiston against Farallon and/or its Directors. The current judgment now concludes the criminal action by Mr. Hermiston against Farallon and the case is closed.
Dick Whittington said: "This ruling is good news. Mr. Hermiston's unfounded allegations against the Company, its Board and executives have again been found to be without merit. The case has been outstanding for a long time but is now finally over. I would like to thank our legal counsel for their patience and persistence in getting a final resolution to the matter."
For further details on Farallon Resources Ltd., please visit the Company's website at www.farallonresources.com or contact Investor Services at 604-638-2160.
ON BEHALF OF THE BOARD OF DIRECTORS
J.R.H. (Dick) Whittington
President and CEO
No regulatory authority has approved or disapproved the information contained in this news release.
Forward Looking Information
This release includes certain statements that may be deemed "forward-looking statements." All statements in this release, other than statements of historical facts, that address future production, reserve or resource potential, continuity of mineralization, exploration drilling, operational activities, production rates, costs to completion and events or developments that the Company expects are forward-looking statements. Although the Company believes that the expectations expressed in such forward looking statements are based on reasonable assumptions, such statements are not guarantees of future performance and actual results or developments may differ materially from those in the forward looking statements and may require achievement of a number of operational, technical, economic and legal objectives. The likelihood of continued future mining at Campo Morado is subject to a large number of risks, including obtaining lower than expected grades and quantities of mineralization and resources, lower than expected mill recovery rates and mining rates, changes in and the effect of government policies with respect to mineral exploration and exploitation, the possibility of local disputes including blockades of the company's property, the possibility of adverse developments in the financial markets generally, fluctuations in the prices of zinc, gold, silver, copper and lead, obtaining additional mining and construction permits, preparation of all necessary engineering for ongoing underground and processing facilities as well as receipt of additional financing to fund mine construction, development and operation, if needed. Such funding may not be available to the Company on acceptable terms or on any terms at all. There is no known ore at Campo Morado and there is no assurance that the mineralization at Campo Morado will ever be classified as ore. For more information on the Company and the risk factors inherent in its business, investors should review the Company's Annual Information Form at www.sedar.com and the Company's annual report on Form 40-F at www.sec.gov. |
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| | You can view the Next News Releases item: Fri Feb 13, 2009, Farallon Announces Private Placement Financing to Raise $10 Million
You can view the Previous News Releases item: Thu Jan 22, 2009, Farallon Provides Operational Update on the G-9 Mine
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