KUALA LUMPUR, July 19 (Bernama) -- The High Court will decide on July 26 an
injunction application by Lynas Corporation Limited and Lynas Malaysia Sdn Bhd
to restrain ''Save Malaysia, Stop Lynas'' (SMSL), an anti-Lynas group and five
others from further publishing a defamatory article on Lynas.
Judge Datuk John Louis O''Hara fixed the date after hearing submissions from
lawyer Rishwant Singh, representing Lynas, and Datuk Bastian Pius Vendargon who
acted for SMLS and the other five defendants.
In the application, Lynas has sought for the defendants to remove the
article from its blogsite until the disposal of the suit.
On April 19, Lynas Corporation of Sydney, Australia, and Lynas Malaysia
filed the suit against SMSL Sdn Bhd and its two directors, Tan Bun Teet and Lim
Sow Teow, and three volunteers Hang Chong Leung, Lee Chow Fong and Ismail Abu
Bakar, over a defamatory article published on its blogsite, on March 22.
At the outset, Rishwant submitted that the defendants had relied on fair
comment in their defence statement, but he said that the fair comment must be
based on factual matter.
COURT-LYNAS 2 (LAST) KUALA LUMPUR
He said the comment was published on the blogsite and the world was entitled
to receive the information.
Vendargon opposed to the injunction application, saying the article on
the blogsite was based on expert views and reports, as well as from witnesses
which the defendants would produce during the trial.
He also submitted that the right to freedom of speech under Article 10 of
the Federal Constitution did not easily permit the granting of injunction to
restrain or stop freedom of speech.
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