The 13-year court battle of migrant workers activist Irene Fernandez
will proceed as scheduled on Oct 28, 2008 at the Criminal High Court,
Level 5, Jalan Duta, Kuala Lumpur. The Kuala Lumpur High Court judge
Yang Arif Hakim Dato' Haji Mohamad Apandi Bin Haji Ali at the hearing
on September 10, 2008, said the hearing for Fernandez's appeal will
kick off on Oct 28 to 30 and continue on Nov 24 to 28.

Justice Apandi nevertheless told the lawyers to cross-examine the
typed and the handwritten notes by themselves.
He also said that if any of the documents were incomprehensible or
incomplete, they would have to re-submit based on merits of the case
or on the appeal records.
The compiled documents amounting to 3,648 pages were divided into
eight volumes.
The judge further said he did not want to put off the case till a
later date "due to ineligible or incomplete notes". "I want to
dispose of this case within this year," said justice Apandi

Irene's first mention date on Jun 11 was postponed to Aug 5, because
papers with statements of important prosecution witnesses went missing

At the mention in August 2008, the appeal records were not completed
as the notes of evidence had yet to be fully typed out. Furthermore,
the courts were informed that a computer virus had corrupted the
notes of one volume of typed notes of evidence. The registrar had
requested for one more month.

We understand that the court system includes the administration, the
officers of the court and the judges. Each one is an integral part
of the system to ensure justice and cannot be separated. If one arm
is not functioning, like the administration aspect, then the
administrative of justice will be severely affected. Thus it is
fundamental that all, including the judge is concerned how the system
functions and managed.

The non explanation as to how the courts administration has bungled
the process and delayed the hearings will now form an important point
and reason for the appeal.

This trial has been riddled with strange events and circumstances
that it is now known as the longest running trial in Malaysian legal
history
Irene Fernandez is the director and co-founder of Tenaganita, a non-
governmental organization (NGO) which promotes the rights of migrant
workers in Malaysia. She was arrested in 1996 and charged with
'maliciously publishing false news' following the release of a report
by Tenaganita recording allegations of ill-treatment of undocumented
migrant workers in detention centres. After a trial lasting more than
seven years, she was found guilty on 16 October 2003 and sentenced to
12 months imprisonment. She is free on bail pending an appeal. Her
civil rights are restricted: her passport is held by the courts and,
as a convicted person, she was barred from standing as parliamentary
candidate in the 2004 and 2008 Malaysian elections.

This trial and the appeal are issues of fundamental rights and
liberties, of good governance and the struggle against corruption.
The trial is about freedom of expression and the need to protect
whistleblowers. It is today the nation's struggle.

We from Tenaganita would like you to be present in court to express
your support to defending of rights and to Irene. The Appeal will be
heard at 9am, October 28 – 30 in Criminal Court 2 of the High Court
Level 5, Room 2.

We seek your support to ensure truth and justice. Please pass the
information to as many persons as possible. If you cannot be present
in court, please continue to express it in the best way you know it
and in prayer. The support you give today will pave the way to
justice, protection of rights and for truth to prevail in our beloved
nation.

THE PRINTING PRESSES AND PUBLICATIONS ACT 1984 (PPPA)

In 1984 the Malaysian government introduced the PPPA, which
consolidated and tightened restrictions imposed by previous printing
laws. The PPPA provided the Minister for Home Affairs with
discretionary powers concerning the granting, suspension and
revocation of printing licences within Malaysia and the import and
distribution of foreign publications. Licensing offences under the
Act are punishable by up to three years' imprisonment or fines of up
to RM 20,000 or both.

Following a political crisis in 1987, the PPPA was amended to allow
the Minister of Home Affairs to have absolute discretion, not subject
to judicial review, to ban or restrict 'undesirable' publications,
and the future publications of the publisher concerned. Additional
amendments made it an offence to "maliciously" publish "false news".
"Malice" was defined by whether or not the accused took "reasonable
measures" to verify the truth.

Amnesty International believes that the PPPA violates international
human rights standards on freedom of expression. Bans on the
publication of "false news", like that set out in Section eight of
the PPPA, regarding the charge of "malicious publication of false
news", have been found by international bodies like the UN Human
Rights Committee and a number of constitutional courts around the
world to breach the fundamental right to freedom of expression.

The PPPA also fails to uphold international standards related to
human rights defenders, and in particular the UN Declaration on Human
Rights Defenders(3) which outlines the rights and responsibilities of
states and other actors in the protection of human rights activists.
Rights of human rights defenders that are set out in this instrument
include: the right to seek, obtain, receive and hold information
relating to human rights; and to make complaints about official
policies and acts relating to human rights.

The prosecution of Irene Fernandez under the PPPA has had the effect
of intimidating NGOs and other social commentators seeking to monitor
and critique issues of legitimate public interest and concern.