Well said,
@Gherkins8! My opinion exactly!
Actually, ASIC has very few of the same "hunches" as ASX, considering ASIC is really only claiming ISX and JK didn't properly disclose how the performance shares were earned not that they were earned fraudulently. ASIC is claiming that JK earned them solely to reward himself, but good luck with that theory as well since ISX and shareholders did benefit from GPTV from some of the contracts.
As I said in an earlier post, ASIC needs to prove what was in JK's and the directors' minds when the performance shares were earned. My guess of what was in their minds was, as ISX said, customers are going too slow installing and integrating, they are not technically capable, we will not earn GPTV for ISX and its shareholders if customers are not installed and integrated. How can we best get customers on-board and future GPTV while still qualifying for performance shares for all early investors who took the early risk on building the company?
And since this WAS the terms of earning the performance shares when the deal was done and ISX assets were purchased, I think it was a fair call.