Save Malaysia Stop Lynas is both relieved and pleased that the Kuala Lumpur High Court on July 26 rejected the second attempt by Lynas to obtain an injunction to prevent SMSL from publishing allegedly “defamatory statements” against the company.

Campaign spokesman Tan Bun Teet said SMSL is “heartened and encouraged” by the court decision upholding the freedom of speech on matters of public interest.

Tan is a defendant named in the suit filed by Lynas Corporation Limited and Lynas Malaysia Sdn Bhd.

“Here we are dealing with a world-scale rare earth plant at least 10 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,” said Tan.

“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,” added Tan who is a Kuantan resident. (The Lynas plant is located in Gebeng, Kuantan.)

The high court awarded RM5,000 costs to SMSL and will resume sitting on Aug 14to work out details of future trials and hearings.

SMSL in its press statement described the judgment delivered by Judge John Louis O’Hara as “fair” and “a much welcome gesture of hope for SMSL and concerned Malaysians”.

In spite of the various attempts by the Australian company to gag unfavourable public opinion, Malaysian civil society has fought hard against the Lynas rare earth project. The anti-Lynas movement commenced when the risks became widely known for the first time last March through a New York Times article.

Photo: Some one hundred concerned citizens consisting of Kuantan residents, SMSL supporters and NGO representatives gather outside the Kuala Lumpur High Court on July 26 to await the judgement.

Ismail Abu Bakar, another defendant named in the Lynas suit, remarked: “Many rakyat 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.”

Ismail, like Tan a Kuantan resident, said the community breathed a small sigh of relief for the time being following this latest development but still had a long way yet to go to keep Malaysia “safe and clean from toxic pollution”.

Last Thursday, the court heard submissions from counsels for both the plaintiffs and the defendants. It was argued that SMSL had acted for the public good in issuing their open letter to the prime minister alleged by Lynas to be defamatory.

“SMSL will brief its various expert witnesses in Malaysia and overseas in preparation for the (next) 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,” said Tan.