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Gabriel Resources (TSX:GBU) looses in court

Rosia Montana, 20 January 2005

Dear Members of the press,

Please find attached Alburnus Maior's latest press release as well as the court decision. You can
download relevant images in the 'archaeology' section on
www.rosiamontana.org

We hope that the information will be of interest and remain

With best wishes

***********************

Rosia Montana, 20 ianuarie 2004

Stimati Jurnalisti,

Va rugam gasiti atasat cel mai nou comunicat de presa al Alburnus Maior precum si hotarirea judecatoreasca.
Puteti gasi imagini relevante in sectiunea "Arheologie" a sitului
www.rosiamontana.org

Speram ca informatiile atasate vor fi de interes

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Rosia Montana's Carnic Massif: Not for Sale!

Rosia Montana, Romania; 20 January 2005 - The Alba-Iulia Court of Appeal has suspended the discharge certificate for the so-called Carnic/Cirnic Massif. The decision was taken following a request calling for an urgent decision by 'Alburnus Maior' .    

Gabriel Resources (TSX: GBU), a junior Canadian mining company, intends to realize Europe's largest open-cast mining development in Rosia Montana entailing, amongst other, the involuntary resettlement of over 2000 people as well as the destruction of unique archaeological and natural sites. Over 1000 archaeologists and expert institutions have protested against the destruction of Rosia Montana's unique archaeological heritage. Whilst according to Gabriel Resources the Carnic Massif is set to become the so-called Cirnic open pit, French archaeologists researching the massif since 2000 unearthed unique pre-Roman and Roman mine galleries in a remarkable state of preservation.  

In January 2004, Romania's Ministry for Culture and Cults issued a discharge certificate for the Carnic Massif at Rosia Montana. According to Romanian legislation, a discharge certificate puts a previously protected area back into the economic circuit. Given the massif's unique importance as cultural patrimony of national interest, Alburnus Maior immediately challenged the Ministry's decision. Given that litigations tend to extend over a long period, Alburnus Maior evoked a so-called "Presidential Ordinance" which allows courts to apply urgent measures. In accepting the urgent situation that was proven by Alburnus Maior, the Law Court based its decision to suspend Carnic's discharge certificate on the following: 

� According to Law 5/2000, the Roman mine galleries at Rosia Montana are patrimony of national interest
� The scientific base upon which the Ministry for Culture and the Cults legitimized Carnic's archeological discharge does not contain the pre-requisite and explicit recommendation for its discharge
� Environmental Protection Law 137/1995 stipulates measures for cultural heritage protection, ignored by the investor Rosia Montana Gold Corporation (RMGC) in carrying out exploitation activities without fulfilling its obligation to protect the above-mentioned values.            

When being asked about Alburnus Maior's court action, Mona Musca, Romania's Minister for Culture and the Cults declared: "Maybe it's good that this is happening. There is no way that I can hinder those who seek the truth. Maybe justice is a way to untie the Gordian Knot".  

"This is a great victory for Alburnus Maior and an important precedent for Romania. It shows that environmental protection and cultural heritage matter over interests such as money and politics. There are things that money can not buy and the court's decision is a confirmation of this fact", concludes Eugen David, President of Alburnus Maior.
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For more information contact Eugen David on +40 (0) 740 280 309 or Stephanie Roth on +40 (0) 740 342 104 and visit www.rosiamontana.org


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ROMANIA
COURT OF APPEAL ALBA IULIA
COMMERCIAL AND ADMINISTRATIVE SECTION
FILE NO. 8532/2004

CIVIL CONCLUSION NO. 24/2004

SESSION IN THE COUNCIL'S ROOM / 24.11.2004

PRESIDENT: EUGENIA FLORESCU - INSPECTOR JUDGE
                 OLIVIA MICU - COURT CLERK 

Under examination was the request submitted by the "Alburnus Maior" Association, headquartered in Rosia Montana, to suspend the administrative act challenged in the court case filled under no. 2138/2004 at the Alba-Iulia Court of Appeal, the archaeological discharge certificate no. 4/2004 respectively, issued by the Ministry for Culture and Cults, Bucharest.
The parties in the court case are not present. The procedure is fulfilled, without summoning the parties.

THE COURT OF APPEAL

Regarding the present request notifies the following

On the 16 November 2004, the plaintiff Alburnus Maior, headquartered in Rosia Montana, requested the Court to pronounce a sentence for the suspension of the juridical effects produced by the archaeological discharge Certificate no. 4/ 15 January 2004 issued by the Ministry for Culture and Cults, Bucharest.
In motivating its request, the plaintiff shows that the administrative act was legally challenged in a court case filled under no. 2138/2004 of the Alba-Iulia Court of Appeal. It was also shown that exploitation activities are carried out in the area based on of the archaeological discharge, despite the fact that the very area is protected by Law 5/2000 which approved the National Territory Management Plan, Annex 3, according to which the Roman mine galleries at Rosia Montana are declared patrimony of national interest; that the report of archaeological research does not include an explicit conclusion for the archaeological discharge of the Carnic Massif; that the documentation at the basis for issuing the discharge certificate is not final, the archaeologists continuing their research in the respective perimeter, which leads to the necessity for environmental protection measures according to Law no. 137/1995 which includes cultural heritage protection, ignored by the investor S.C. Rosia Montana Gold Corporation S.A who is carrying out exploitation activities without fulfilling it's obligation to protect the above-mentioned values.
The file contained several documents amongst which: the call into justice - object of file no. 2138/2004, the transcript of the National Commission for Archaeology's meeting dated 19.12.2003, the transcript of the citizen's meeting dated 3 November 2004.
Examining the present request, the court notifies its solidity.
As such, according to Law 5/2000 the Roman mine galleries at Rosia Montana are patrimony of national interest. The Ministry for Culture and the Cults' decision to discharge the area is being challenged in court. The plaintiff has shown that there exists no complete documentation from which one could firmly and punctually ascertain which are the geographical points and perimeters considered national cultural heritage and which ones are excepted. It is thus compulsory to suspend the juridical effects produced by the archaeological discharge certificate no. 4/ 15 January 2004, until the court case filed under no. 2138/2004 at the Alba-Iulia Court of Appeal is settled.
The measure of suspension is justified by Art. 581 of the Civil Procedural Code and by Law 29/1990.
For the above-mentioned reasons,
                       
In the name of law:

DISPOSES

It suspends the juridical effects of the archaeological discharge certificate no. 4/2004 issued by the Ministry for Culture and Cults - Direction for Historical Monuments and Museums until the settlement of court case filled under no. 2138/2004 at the Alba-Iulia Court of Appeal / administrative section.
An appeal can be introduced in 15 days from when the sentence is communicated.
Pronounced today, 24 November 2004 during a public session.



		President,
EUGENIA FLORESCU



  					Signed and stamped,
						Clerk of the court,
						OLIVIA MICU