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Think Any Judicial Review Would Be Successfull? Think again…
26/07/2012 | Author: admin
Whilst Lynas was not successful in attaining a gag order against SMSL today, its not really that important anyway. The defamation case against SMSL is still to be heard in the near future. We note comments from the High Court judge “I am not satisfied that the affidavit evidence before me is sufficient to convince me that the defence will fail in trial”.
If you interpret what he said carefully, the same would apply if ever SMSL tried to obtain an injunction or apply for a judicial review against the LAMP. They would need to provide sufficient evidence… that the defence (Lynas) will fail in a trial…
That’s right – EVIDENCE. Not rumours, not thoughts, not hunches, not chinese whispers, not ghosts, but EVIDENCE that Lynas would fail in a trial. So, SMSL would need to provide evidence against the Malaysian AELB, Department of Environment, international atomic energy agency, parliamentary select committee, international delegation of rare earth experts, National Uni Secretariat, Rhodia (being an international expert of refining of rare earths) that they are all wrong…
All those agencies wrong, and two directors (with no background in rare earth processing) of SMSL right? Don’t think so….
Its time for SMSL to pack up, and be thankful that they have actually ensured that the Lynas LAMP has faced significant and unprecedented scrutiny, and they can be happy of what they have achieved. Thanks to them, its now proven beyond all doubt Lynas’s safety.
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