KUANTAN: The High Court here has fixed Aug 2 to decide whether to grant a stay of proceedings in the Lynas temporary operating licence (TOL) judicial review.
Lawyer Annemarie Vendargon said her clients, several Kuantan residents including members of the Save Malaysia Stop Lynas (SMSL) group, had submitted for the stay under the special circumstance that an appeal for the recusal of judge Justice Mariana Yahya would be heard in the Court of Appeal on Aug 28.
“The judicial review should proceed after Justice Mariana decided not to recuse herself but we do not want the proceedings to carry on here pending our appeal,” said Vendargon after the submissions in chambers here yesterday.
She said the Attorney-General had objected to the stay but did not make submissions.
“Justice Mariana has given the A-G until July 18 to file the submission,” said Vendargon.
She added that Lynas Corporation Ltd and Lynas Malaysia Sdn Bhd had also told the court they wanted the judicial review to proceed before Justice Mariana.
Tan Bun Teet, Ismail Abu Bakar and three others were challenging the approval of the rare earth refinery’s TOL by the Science, Technology and Innovation Minister and the Atomic Energy Licensing Board.
Prior to this, the judge had dismissed another challenge against the TOL by Mohd Taufiq Teng Abdullah and six others.