Thursday, 26 July 2012

High Court Denied Lynas’ the Injunction to Gag SMSL

Press statement of Save Malaysia Stop Lynas (SMSL)
High Court Denied Lynas’ the Injunction to Gag SMSL
 July 27th, 2012

SMSL was pleased that the Kuala Lumpur high court has rejected Lynas’ second attempt to get a court injunction to gag SMSL yesterday. Over a hundred concerned citizens consisting of Kuantan residents, supporters from interstates and civil society organisation’s representatives congregated at the high court vicinity peacefully with placards and banner in a show of solidarity to express their outrage with the Lynas’ defamation action.

“It is heartening and encouraging seeing justice delivered at this juncture. We are relieved that our freedom of speech to voice our concerns with our own government in the interest of the public and the country is upheld through yesterday’s high court decision.” Lamented Mr Tan Bun Teet, a SMSL spokesperson, a Kuantan resident and a defendant named in the defamation suit.

“Here we are dealing with a world-scale rare earth plant at least ten times bigger than the one in Bukit Merah with hundreds more times hazardous waste. It has been built without any consultation with the public, with lax environmental safeguards and speedy approval processes. What more it is located in a swampy area so close to the sea and the population? We as informed citizens cannot simply sit back and do nothing” Continued Mr Tan

The high court awarded a court cost of RM5,000 to SMSL against Lynas and the court will resume on 14th August to work out details of future trials and hearings.

The fair judgment delivered by Judge John Louis O’Hara is a much welcome gesture of hope for SMSL and concerned Malaysians who have fought hard to stop the Lynas rare earth project since it became widely known for the first time last March through a New York Times article.

Haji Ismail Abu Bakar, another defendant named in the Lynas suit and a Kuantan resident remarked, “many rakyat (citizens) who will be directly and most immediately put at risk once the Lynas plant starts to operate are at no liberty to speak out or to voice their concerns. We breathe a sign of small relief for now but we have a long way to go yet to keep our country safe and clean from toxic pollution.”

Last Thursday on the 19th, the court heard arguments from both Lynas and SMSL counsels. SMSL was represented by senior counsel Datuk Bastian who argued that SMSL acted in the interest of the public in issuing the open letter to the Prime Minister which Lynas alleged is defamatory.

“SMSL will brief its various expert witnesses in Malaysia and overseas in preparation for the trial. SMSL aims to use the trial to reveal information in its possession. We have independent opinions and assessments from various highly qualified professionals. We would like to inform the court and the public of the risks and hazards of the Lynas project to our communities, our livelihoods and the local economy as well as Malaysia as a whole.”

Explained Mr Tan.


    Malaysia is a developing country with a poorly educated population that is easily misinformed about something that they have no understanding of. SMSL should be ashamed of itself for spreading the misinformation in an attempt to keep the Chinese monopoly of rare earth oxides in place. If malaysia wants to become a developed country you need rare earths and Lynas can supply them and then Malaysia has a chance of becoming a developed country with the resources to educate the general population. Education brings prosperity to the people without it you stay poor struggling to survive in the third world. Uneducated people posting comments such as Go back to Australia really are telling the world that they do not understand the issues and have been frightened by the false and misleading information posted here.

  2. Perfectly written, agree 100%

  3. Bobuck are u serious? Bro SMSL have so much prove that processing rare earth metals is extremely dangerous and trust me I have also done my research and totally agree. U can check out to see what rare earth metals did to china and to see the dangers of alpha emission. SMSL is doing an epic job trying to stop lynas because rare earth metals are not only dangerous to your health but can also destroy the environment for good(14 billion half life). At the end of the day I would rather live in a 3rd world country which is green and healthy rather then a 1st world country which is polluted. Im hoping once u done some research on this rare earth metals and see its dangers you will change your mind.... Peace and fuck LYNAS !!!

    1. I also must add that yes, you almost do live in a third world country, but its not as green as you think. Malaysia has a massive problem with deforestation and loss of biodiversity from palm oil plantations. Polluted rivers, waste management issues, air pollution.

      Why are you not doing something for those causes?

      You have not done your research and you DO NOT KNOW or understand the ecosystem we live in. Otherwise you would understand that rare earths are essential for a cleaner and greener world. Rare Earths make magnets for wind turbines and electric vehicles, they are used in energy efficient lighting, computers, mobile phones, solar panels, the list goes on and on and on...

  4. Dinesh Jegarajan,

    Are you stupid or a moron?

    Read this article for better understanding.

    Do we also ban cigarette smoke?, Vehicle smoke? Smoke from coal fired power plants?

    What about plastics? They are cancers causing, cause birth defects, cause infertility?

    Do we stop driving cars? They pollute cancer causing agents.

    You do realize that the two new coal fired power plants being built in Malaysia will emit in a single year 20 times more radioactive material into the atmosphere, water and land than Lynas will in 20 years?

    If you claim to "do research", you also require understanding. At present you don't have the necessary expertise to comment on scientific matters.

    You only have an opinion.

    The sun emits radiation, electricity emits radiation, bananas emit radiation. If you eat cup of salt it will kill you. You can die if you drink too much water. Whats your point to your comment? Just swearing at people demonstrates your ignorance and level of intelligence.

    Now go back and do your research, it will take you about 10 years after you finish your degree then someone might listen.

  5. Unfortunately these people against Lynas are poorly educated and have no understanding of the issues. The tin mining in Malaysia produces radioactive waste but why not campaign against that. SMSL has to put their evidence to the test in the upcoming defamation case and a uneducated fisherman stating that he beieves that the South China sea will be polluted by radioactive waste from Lynas will not stand up to the scrutiny of the court. SMSL days are numbered and what they have tried to achieve has done nothing to save Malaysia just stuff it. Wake up malaysia these misguided people are cost the country dearly. Do not beieve the misinformation about nuclear reactors exploding etc it is what you expect from SMSL a whole lot of lies to frighten Malaysians so the Chinese can make more money at the expense of Malaysians. Ask yourself who stands to benefit if Lynas is stopped. Answer Mr Tan and his Chinese backers

  6. LOL! These same anonymous commenters are still here?

    It's like the Three Stooges trying to cow an entire movement made of their betters.


  7. Yep, another smsl ignoramus with nothing intelligent to say. Please state your facts, explain your arguments, support your position, but no, you cannot and have not, so you just repeat the same baseless unscientific argument. Seems the stooge is you and the cronies are smsl.

  8. Unknown, you are right. But if you are talking to people that don't understand and do not want to understand, like you are talking to the wall. Because they have an interest behind this great project, maybe some of them want to buy cheap share of Lynas, there you see them show a link value of Lynas shares when they protest. This guy is really professional , talk that, talk this, making this free blog, selling T-shirt, drive people angry , stock price fall and buy hua ha hha ha ha ha.

  9. A new English word for some Malaysians to learn

    Definition is:
    A system of Government where the least capable to lead are elected by the least capable of producing anything,and where the members of society least likely to sustain themselves or succeed are rewarded with good and services paid for by the confiscated wealth of the diminishing numbers of producers.
    Malaysia in a nutshell!