Mountainstar Gold Inc (fka MSX)

[Tibby]

JL did you not state in writing as well as verbally to all MSX shareholders as well as in a letter to the courts that you were an expert in all matters as they pertain to your Amerillos claims;Legal Mining or Otherwise.

Did you offer any response to the attached to Galati to carry forward in few days in the BCSC appeal hearings?

Tribunal BCSC
[68] The respondents provided various submissions on their interpretation of Chilean mining law as it relates to the Amarillo North and Amarillo South mining petitions that differ in material respects from the O Affidavit and O’s testimony. The only evidence provided by the respondents in support of their interpretation was L’s testimony of his opinion about the law. L is not a lawyer and was not qualified as an expert in Chilean mining law. In addition, it is his rights to the Amarillo North and Amarillo South mining petitions that are a central issue in this hearing.

13 [69] Given L’s personal interest in advancing the respondents’ interpretation and the fact that he was not qualified as an expert in Chilean mining law, we give no weight to L’s testimony on his interpretation of Chilean mining law.

[70] We do not find anything in the respondents’ submissions that challenges the credibility of the O Affidavit or O’s testimony or our ability to rely on the same. We found O to be a very credible witness. We give full weight to O’s testimony and the O Affidavit.