22 53 Appeals. In turn, on May 30, 2005, the Sixth Provisional Prosecutor asked the Twenty-fifth Temporary 54 55 Judge and the Ninth Chamber of the Court of Appeal to annul the decision granting full access to the case file, on the grounds that she had not been notified of the filing presented by the defense and, consequently, she had been unable to offer a defense against it. On that point, the prosecutor stated that from the date of Allan Brewer Carías’s indictment on January 27, 2005, up to May 9, 2005, the accused’s representatives: have reviewed all the evidence, over 47 working days from a total of 67 calendar days. On each and every occasion when they requested and reviewed the case file, a deed of review was prepared, which I enclose herewith to demonstrate the falsehood of the claims made by the 56 attorney ALLAN BREWER CARIAS and his defense team. 104. The prosecutor requested absolute annulment on the grounds that they were referential witnesses whose statements lacked value as evidence under current legal provisions and, further, she stated that: Of the numerous pieces of evidence requested by the defense, they have almost all been agreed on; it is therefore also false that the request for the discharging of evidence was ignored with respect to the statements of NELSON MEZERHANE, NELSON SOCORRO, YAHAIRA ANDUEZA, and LEOPOLDO BAPTISTA, whom they wish the Public Ministry to interview in order to learn what the attorney ALLAN BREWER CARIAS said to them, as if the applicant had not already informed the prosecution and were seeking the inclusion of referential witnesses that were valid under the Code of Criminal Prosecution, on account of which, in the view of the Public Ministry, that testimony was not and is not necessary to cast light on the facts, and they were informed of that, in 57 writing, at the appropriate juncture. 105. On June 10, 2005, Judge Bognanno asked the Sixth Provisional Prosecutor to refer the case file to him, to which she replied, on June 27, 2005, “please indicate to this prosecution office the provision on which that request is based and which requires the Public Ministry to report on and hand 58 over documents in its possession.” That same day, the judge wrote to the Public Ministry’s Senior Prosecutor for the Caracas Metropolitan Area to inform him of alleged obstruction by the Sixth Provisional Prosecutor in the proceedings against Mr. Carmona Estanga et al., by failing to inform the court of the deadline set by the Public Ministry for presenting its conclusions, after six months had passed since the defendants were identified, and asking the prosecution service to “assume an objective attitude, aimed at 59 cooperating with and not hindering the actions of the court.” Manuel Bognanno was suspended from his position on June 29, 2005, and José Alonso Dugarte Ramos was appointed Temporary Judge to replace Manuel Antonio Bognanno at the First-instance Court of the Criminal Judicial Circuit of the Caracas 60 Metropolitan Area. 53 Annex 20. See: Decision of the Ninth Chamber of the Court of Appeal, July 6, 2005. Annex 45 to the original petition received on January 24, 2007. 54 Annex 21. Request for annulment by the Provisional Prosecutor, June 30, 2005. Annex 12 to the original petition received on January 24, 2007. 55 Annex 22. Request for annulment by the Provisional Prosecutor, June 30, 2005. Annex 19 to the original petition received on January 24, 2007. 56 Annex 21 y 22. Requests for annulment by the Provisional Prosecutor, June 30, 2005, Annexes 12 and 19 to the original petition received on January 24, 2007. 57 Annex 21. Prosecutor’s request for annulment of the order for the issuing of copies of the proceedings of June 30, 2005, from the Sixth Temporary Prosecutor to the Temporary Control Judge. Annex 12 to the original petition received on January 24, 2007. 58 Annex 23. Document from the Sixth Temporary Prosecutor to the Twenty-fifth Control Judge, June 27, 2005. Annex 13 to the original petition received on January 24, 2007. 59 Annex 24. Document No. 632-05 of June 27, 2005. Annex 14 to the original petition received on January 24, 2007. 60 Annex 25. See: http://www.tsj.gov.ve/designaciones/designacion.asp?fecha_id=320.