Three individuals fail in bid to challenge decision on Lynas licence extension

KUALA LUMPUR: Three individuals today failed in their application to challenge the decision of former Prime Minister Tun Dr Mahathir Mohamad and his Cabinet regarding the licence extension of the rare earth processing facility owned by Lynas Malaysia Sdn Bhd.

High Court Judge Datuk Ahmad Kamal Md Shahid dismissed a judicial review application filed by Save Malaysia Stop Lynas chairman Tan Bun Teet and two Kuantan residents, Ismail Abu Bakar and G. Ponusamy as the applicants against Dr Mahathir and the 27 Cabinet ministers at the time, the Malaysian Government, the Atomic Energy Licensing Board (AELB) and Lynas as the first to 31st respondents.

Lawyer Dinesh Athinarayanan who represented the three individuals, when contacted by reporters said the court also ordered all applicants to pay RM20,000 in costs to the first to 30th respondent and another RM20,000 to be paid to Lynas, as the 31st respondent.

Senior federal counsel Ahmad Hanir Hambaly, who represented Dr Mahathir as well as the 27 Cabinet ministers, the government and AELB, confirmed the court's decision which was delivered through e-mail today.

Lynas was represented by lawyers Tan Sri Cecil Abraham and Datuk Sunil Abraham.

On Jan 8, 2020, the High Court allowed the three individuals to begin their judicial review application proceedings.

The three individuals, among other things, are seeking a declaration that Dr Mahathir and the 27 Cabinet ministers' collective decision as the federal Cabinet on Aug 15, 2019 to allow a licence extension for six months for the Lynas operation was null and void.

The first applicant, Tan, also filed his objection to the Environmental Impact Assessment (EIA) by showing there were breaches to the licensing conditions and underground water pollution as included in the Executive Review Committee report.

-- BERNAMA