Missing files found, Fernandez's appeal can proceed
Published: Jun 6, 2008 5:36 PM | Updated: Jun 6, 2008 5:41 PM
The trial of activist Irene Fernandez can now continue without further disruptions with the sudden recovery of missing documents that has stumped her appeal from the start.
The trial of activist Irene Fernandez can now continue without further disruptions with the sudden recovery of missing documents that has stumped her appeal from the start.
Dubbed ‘the longest trial in Malaysian history', Irene was convicted and sentenced to a year's imprisonment in 2003. She is on bail pending the outcome of her appeal hearing, which has been riddled with postponements.
The next date for the trial was June 11 for the court to hear submissions if it can proceed to hear the appeal even without the missing relevant records of evidence.
Fernandez's counsel M Puravalen and DPP Shamsul Sulaiman had previously expressed their concern and inability to proceed with the appeal because of the missing documents.
However now that the missing documents have been traced back, Kuala Lumpur High Court judge Mohamad Apandi Ali will instead use the date for a case management hearing to set the motion for the appeal proper to take place.
Previously Apandi had given the magistrate's court time to furnish the documents, on the possibility that the records could have been misplaced when the KL courts were relocated from Jalan Raja to Jalan Duta.
However, the report written by one of his legal officers revealed that the missing documents - which include statements by three prosecution witnesses and an exhibit - cannot be found and may have gone missing even while being kept in the Jalan Raja premises.
It was revealed that the three witnesses were district engineer Tan Onn Chin, former Tanjung Rambutan psychiatric hospital director Dr N Raman and psychiatric nurse N Vejayan.
A mysterious appearance
However today, Fernandez's sister and Tenaganita coordinator Aegile said in a statement that their lawyers have been informed that the notes of evidence of all three prosecution witnesses were found, hence the appeal record can be completed.
"How and why the notes have appeared, remain a mystery. Only the court can verify this. It really speaks volumes of how justice is seen and executed and how the liberty of a person is valued and how accountability is registered in our halls of justice," she said.
According to her, the trial will not be heard in open court on June 11 and in its place, the judge with the counsel from both sides will meet in chambers for the case management.
Case management allows the court to determine how to proceed with the trial.
In 1995, the migrant worker activist had written an exposé of conditions in immigration detention centres, in a memorandum entitled ‘Abuse, Torture and Dehumanised Conditions of Migrant workers in Detention Centres'.
She was arrested and charged under Section 8A(1) of the Printing Presses and Publications Act 1984 a year later. The maximum penalty is imprisonment is three years' imprisonment or a fine not exceeding RM20,000, or both.
She was sentenced in 2003 by KL magistrate Juliana Mohamed.
Fernandez, who filed an appeal against the sentence, is on bail and her passport has been surrendered to the court.
Dubbed ‘the longest trial in Malaysian history', Irene was convicted and sentenced to a year's imprisonment in 2003. She is on bail pending the outcome of her appeal hearing, which has been riddled with postponements.The next date for the trial was June 11 for the court to hear submissions if it can proceed to hear the appeal even without the missing relevant records of evidence.
Fernandez's counsel M Puravalen and DPP Shamsul Sulaiman had previously expressed their concern and inability to proceed with the appeal because of the missing documents.
However now that the missing documents have been traced back, Kuala Lumpur High Court judge Mohamad Apandi Ali will instead use the date for a case management hearing to set the motion for the appeal proper to take place.
Previously Apandi had given the magistrate's court time to furnish the documents, on the possibility that the records could have been misplaced when the KL courts were relocated from Jalan Raja to Jalan Duta.
However, the report written by one of his legal officers revealed that the missing documents - which include statements by three prosecution witnesses and an exhibit - cannot be found and may have gone missing even while being kept in the Jalan Raja premises.
It was revealed that the three witnesses were district engineer Tan Onn Chin, former Tanjung Rambutan psychiatric hospital director Dr N Raman and psychiatric nurse N Vejayan.
A mysterious appearance
However today, Fernandez's sister and Tenaganita coordinator Aegile said in a statement that their lawyers have been informed that the notes of evidence of all three prosecution witnesses were found, hence the appeal record can be completed.
"How and why the notes have appeared, remain a mystery. Only the court can verify this. It really speaks volumes of how justice is seen and executed and how the liberty of a person is valued and how accountability is registered in our halls of justice," she said.
According to her, the trial will not be heard in open court on June 11 and in its place, the judge with the counsel from both sides will meet in chambers for the case management.
Case management allows the court to determine how to proceed with the trial.
In 1995, the migrant worker activist had written an exposé of conditions in immigration detention centres, in a memorandum entitled ‘Abuse, Torture and Dehumanised Conditions of Migrant workers in Detention Centres'.
She was arrested and charged under Section 8A(1) of the Printing Presses and Publications Act 1984 a year later. The maximum penalty is imprisonment is three years' imprisonment or a fine not exceeding RM20,000, or both.
She was sentenced in 2003 by KL magistrate Juliana Mohamed.
Fernandez, who filed an appeal against the sentence, is on bail and her passport has been surrendered to the court.
View Comments0