I welcome the decision of the Kuala Lumpur High Court to acquit and discharge of Dr Irene Fernandez of the charge of “maliciously publishing false news” under section 8A(1) of the Printing Presses and Publications Act 1984.
Albeit many years late, this decision exonerates her and gives hope to the many other Malaysians who are struggling for justice under the various other oppressive laws such as the ISA (Internal Security Act) , the Restricted Residence Ordinance, the Police Act etc.
I note that she was first charged in 1996 and her case has earned the notorious record of being the longest-running legal case in Malaysian history.
Perhaps the government should tell us how much her long trial had cost the Malaysian taxpayer?
Throughout the past 13 years, I cannot begin to comprehend the mental anguish, psychological duress and physical stress that this brave woman suffered for daring to speak truth to power and for selflessly seeking to expose malpractices, to seek justice and better working conditions for migrant workers who are in Malaysia to earn a living and in the process contribute to Malaysia’s economic progress.
I call upon the Attorney-General and the Minister responsible for Law to do the right thing and commission an urgent inquiry into the circumstances of the original charges against Dr Fernandez, the conduct of the trial and the many mishaps along the way such as the unreasonable delays, the missing physical records of evidence and the loss of computer data. This is a classic example of the legal maxim of “justice delayed is justice denied”.
I stress that I am not, for one moment, questioning the jurisdiction or the prerogative of the Courts in the conduct of this case. I welcome the decision as hopefully, an indication of the reformed and independent judiciary that the new Chief Justice, Tan Sri Zaki Azmi promised Malaysians when he took office recently.
I also wish to call upon the Attorney-General to henceforth review all legislation such as the one that Dr Fernandez was charged under with a view of amending and even repealing all outdated legislation that no longer have a place in modern democratic society.
Finally, I call upon the government to consider some form of compensation in consideration of Dr Fernandez’s ordeal arising from the long-drawn out trial.
I have to give credit when it is due. When Zaki is made the CJ, there is a concern about the direction of our judicial reform.
Since then we see some good decision like the Anwar case transfer, RPK release and now this.
Thank goodness Irene is free. She should not be indicted in the first place. She should be celebrated in the first place.
My best wishes to her. Now she is available, can the Selangor state government offer her a role?
JUSTICE DELAYED IS JUSTICE DENIED
Let’s pray that no court is treated like a playground
Where people are constantly placed on a merrygoround
Simply because important documents are sometimes not found
And required involved personnel are often not around
(C) Samuel Goh Kim Eng – 241108
http://MotivationInMotion.blogspot.com
Mon. 24th Nov. 2008.
YOU ARE WHAT YOU DO & NOT WHAT YOU CLAIM TO BE
It’s indeed a sad and cruel tragedy
When a person in remand is held in ‘indefinite’ custody
Without being given any suitable or sufficient health remedy
While the nation takes pride in being a loving and ‘Caring Society’
(C) Samuel Goh Kim Eng – 231108
http://MotivationInMotion.blogspot.com
Sun. 23rd Nov. 2008.
16 years. i think no officers survive that long. So just let her be free, which means nothing is happening in judicial reform. And so was with anwar case of transfer or RPK release. To ascertain a real judicial reform means a lot more details pertaining to judiciary and legislative must be addressed. So I dont see anybody win in this case, except that political figures will be able to manipulate the issue. Chao!
Rakyat m’sia ! demokrasi here we come ! d moment corrupted regime racist umno is weak, Rakyat will benefit. regime will starts to ‘listen & action’ to rakyat calls/demands !
Rakyat must b united to put more & more pressure to regime & ‘force’ regime to knee down ‘kow tow’ to d Rakyat.
rakyat gonna b strong & if not this corrupted regime racist umno yang selalu ingat:
– m’sia dia yang punya
– malay dia yang punya
– islam dia yang punya
– GLC, Universiti, school dia yang punya
– polis, AG, ACA & judge dia yang punya
– wang & khazanah negara dia yang punya
hooi…. ! regime, itu semua rakyat m’sia yang punya lah !
our courts seems to be in generous mood at the moment. Abdul Razak Baginda is also free to go to UK to study. Wonderful, during economic downturn, he can afford that. I really envy him.
I suppose the 2 police officers can return to work shortly as well.
Malaysia, a land of wonders.
khairi,
u are correct, very correct!
Dear YB,
i hope that you can check for it,DAPSY in serdang,selangor is very unfair to us,the chairman is from Kajang Baru Branch(is under hulu langat)not from Serdang,another things is their meeting set on saturday 330pm,i thinks so they try to controll the meeting,because we are working,how to attend the meeting,is not fair to us.i wish that you can help us to find out Serdang DAPSY President Chiong Yoke Kong I/C :830228-14-5365 (he is DAP Kajang Baru Branch Member i was check with HQ **Kajang Baru Branch is under Hulu Langat) why he can elect as our Serdang DAPSY President?he is YB Teo Nie Ching Assistance,wish YB will help us to find out.
Ms.Koh