Glen Lewis, Non-Executive Director of NuCoal Resources Ltd letter to the Editor in response to an article published by the Newcastle Herald titled “Minister silent on NuCoal” on Monday 19 March 2018 by Joanne McCarthy which contains factual errors
I am writing on behalf of the 3000 NuCoal shareholders, including the 500 that reside in the Hunter Valley area. An article about NuCoal was published on the 19th March 2018 and based on the most recent facts of this matter, it contains a significant error, as it challenges the innocence of NuCoal in the EL 7270 ICAC process and the subsequent expropriation of the asset by the NSW Government in January 2014.
The article relies on dated content from the 2013 ICAC process and associated reports, that has subsequently been found to have numerous issues with the way the process was conducted, including the hiding of exculpatory evidence, during more recent and relevant Court proceedings in NSW.
The final sentence in the article, as written, questions the innocence of NuCoal in this process and is clearly incorrect based on the more recent submission from ICAC to the Supreme Court of NSW during the Judicial review of Operation Acacia as outlined below-
Judicial Review Judgment
The Judicial Review Judgment was handed down by Justice Stephen Rothman on 24 September 2015 which post-dates all ICAC reports that have been relied on for the article in question. NuCoal was the plaintiff in this matter.
The Court, made clear statements about ICAC’s view as to NuCoal’s innocence, confirming that ICAC clearly acknowledged the following:
“the difference in interest between the plaintiff, on the one hand, and on the other, those that were once its directors and against whom there were serious allegations of corruption…. the Commission also took the view that the plaintiff, as an entity, was involved in no wrongdoing and none of the Commission’s findings were based on any suggestion of the plaintiff being involved in wrongdoing.” [57]
“The plaintiff’s submission was that its conduct was wholly innocent. The Commission accepted that view.” [62]
“Ultimately the Commission came to the view that the plaintiff, as an entity, was not involved in any wrongdoing.” [65]
The above extract from the court proceedings is a more accurate reflection of NuCoal in this regard and has been repeated many times in other legal forums and documented in articles by National newspapers for the past few years.
I hope that any future articles regarding our Company can be researched adequately, to use the most relevant and recent information, so that a more balanced and accurate account of the matter is printed. I am more than happy to clarify any questions you may have and provide supporting evidence if needed.
Glen Lewis
Non-Executive Director
NuCoal Resources Ltd