Seven Kuantan residents failed to obtain leave from the High Court in Kuantan today for a judicial review of the government's decision to issue the controversial Lynas Advanced Materials Plant (Lamp) with the temporary operating licence (TOL).
Judge Mariana Yahya in her decision allowed the preliminary objections raised by the Attorney-General's Chambers and the lawyers for Lynas.
The court based today's decision on grounds that the seven residents have no legal standing and had not exhausted their legal avenues, since they did not appeal to the minister concerned, Save Malaysia, Stop Lynas chairperson Tan Bun Teet (right) said this afternoon.
Tan said today's ruling may have prejudiced Justice Mariana's earlier decision, made in August last year,granting leave to the residents to challenge the Atomic Energy Licensing Board's (AELB) awarding of the TOL to the Gebeng-based rare earths processing plant.
He said the residents would study today's decision and possibly make an application to recuse Justice Mariana from hearing their judicial review on the AELB matter, which is scheduled for Feb 5.
This was also confirmed by their lawyer, Gene Anand Vendargon.
A formal application would be made to recuse the judge if she was fixed in her mind that the residents should not be granted permission to initiate judicial review proceedings because "we fear for the other application", Vendargon said.
"We will also file an appeal against today's decision," he said.
Judge Mariana Yahya in her decision allowed the preliminary objections raised by the Attorney-General's Chambers and the lawyers for Lynas.
The court based today's decision on grounds that the seven residents have no legal standing and had not exhausted their legal avenues, since they did not appeal to the minister concerned, Save Malaysia, Stop Lynas chairperson Tan Bun Teet (right) said this afternoon.Tan said today's ruling may have prejudiced Justice Mariana's earlier decision, made in August last year,granting leave to the residents to challenge the Atomic Energy Licensing Board's (AELB) awarding of the TOL to the Gebeng-based rare earths processing plant.
He said the residents would study today's decision and possibly make an application to recuse Justice Mariana from hearing their judicial review on the AELB matter, which is scheduled for Feb 5.
This was also confirmed by their lawyer, Gene Anand Vendargon.
A formal application would be made to recuse the judge if she was fixed in her mind that the residents should not be granted permission to initiate judicial review proceedings because "we fear for the other application", Vendargon said.
"We will also file an appeal against today's decision," he said.
Three different judicial review applications
A judicial review application a two-step process. Leave or permission must be obtained before the application can be heard, and this is granted only if the application is not considered frivolous and vexatious.
The Kuantan residents have been fighting tooth and nail against the multi-billion ringgit Australian rare earths plant in Gebeng. They had earlier filed separate judicial review applications - one in Kuala Lumpur and two others, including the present one, in Kuantan.
On April 12 last year, the High Court in Kuala Lumpur refused to grant leave to 10 residents from Gebeng, Kuantan, ruling that their application to challenge the TOL was "premature" as they had not exhausted all avenues. The Court of Appeal also rejected their application for leave.
Besides the court applications, the residents have mounted Himpunan Hijau gatherings in Kuantan and also carried out a Green March to Kuala Lumpur last month.
The government has also been giving conflicting versions on the disposal of wastes and residues generated by the Lynas plant and this has raised much dispute over the issuance of the TOL to Lamp.
The Kuantan residents have been fighting tooth and nail against the multi-billion ringgit Australian rare earths plant in Gebeng. They had earlier filed separate judicial review applications - one in Kuala Lumpur and two others, including the present one, in Kuantan.
On April 12 last year, the High Court in Kuala Lumpur refused to grant leave to 10 residents from Gebeng, Kuantan, ruling that their application to challenge the TOL was "premature" as they had not exhausted all avenues. The Court of Appeal also rejected their application for leave.
Besides the court applications, the residents have mounted Himpunan Hijau gatherings in Kuantan and also carried out a Green March to Kuala Lumpur last month.
The government has also been giving conflicting versions on the disposal of wastes and residues generated by the Lynas plant and this has raised much dispute over the issuance of the TOL to Lamp.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.