I refer to the report AG: Gov't to try and strike out court order on incinerator with regards to the interim court order and wish to set the record right.

The application was not an ex-parte application. It was served to the state legal advisor and to the Attorney-General's Chambers on Feb 4 by way of fax notification whereupon the hard copies was served on Monday, Feb 7 a fact which is acknowledged by both parties when they both respectively wrote to the judge in Tuesday, Feb 8 (in the late afternoon) seeking an adjournment to enable both parties to reply to the plaintiff's application.

Vide a telecom discussion on Tuesday, Feb 8 between our solicitor, Uma Parvathy Thothathri and Suzana Atan of the Attorney-General Chambers, Uma Parvathy had made it absolutely clear that she will be applying on Feb 14 for an interim stay order, in the event the adjournment is to be allowed.

She also made it absolutely clear that all the parties need to be present on Feb 14 or at least, their representatives. It is the rule of practice and etiquette that adjournments can only be granted by the judge and therefore, presence of counsel or their representatives at the very least, is crucial.

On Feb 14, our solicitor, Uma Parvathy, placed on record the request of both the state legal advisor and the Attorney-General's Chambers for an adjournment and handed copies of the letters to the judge. The adjournment was granted to June 30, 2005.

The judge further heard the oral application of our solicitor, Uma Parvathy, for an interim stay of all proceedings and that the status quo be maintained until the disposal of our application. This is very normal and very proper. It was not 'in default', neither was it 'an injunction'. The oral application was granted.

In other words, until the hearing and disposal of our application, the defendants are to maintain the status quo, i.e., not to do anything about the Broga incinerator project.

We have been extremely careful in our instructions to our solicitor and she has very carefully researched, sought advice from senior counsel and carefully and properly drafted all court papers, before allowing us to file in this matter. We therefore, take umbrage of any impropriety (implied or expressed) on the part of our solicitor.

Further, it has come to our attention that Ebara Corp intends to intervene in this matter that is, to enter into this battle. We most welcome this as finally, the truth will have to be revealed to the court.