In a similar way that lawyers make a point or ask a question in court, knowing full well that it will be objected to and sustained.
It gets the point across, and into the mind of others. You can't unhear things once out in a public forum.
The other thing is, what did they really have to lose, nothing as the decision was already made, so getting the letter dismissed, changes nothing, but if it was upheld, then everything to gain.
Sometimes it is about playing the averages, with more to gain than to lose.
Time now to just wait and see what the DMR have to say. They came from the court case looking bad, not NKWE, so they will be wanting to make sure that things are done satisfactory, as could lead to further litigation.
Should be remembered that NKWE, haven't necessarily been the bad partner in this affair, but caught up in circumstances, and as such may have recourse if things do go against them.
Cheers, hold and good luck to all holders
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