Record of appeal for Fernandez’s case ready


  • Nation
  • Thursday, 25 Sep 2008

KUALA LUMPUR: The 3,648-page record of appeal for the case of Tenaganita Sdn Bhd director Irene Fernandez has finally been compiled, but the defence is unsure if it is comprehensive.

Defence counsel M. Puravalen said he received the record of the appeal on Thursday but did not know if the documents were complete or not.

“I took the liberty to liaise with the court registrar over this,” he told High Court judge Justice Mohamed Apandi Ali.

Upon hearing this, Justice Mohamed said only a list on exhibits was not in the record, and it would be supplied to both parties on the same day.

DPP Shamsul Sulaiman said there were four volumes of handwritten notes comprising 2,271 pages and four volumes of typed notes comprising 3,648 pages typed from the handwritten notes for the appeal.

Mohamed ordered both parties to study the records to avoid any delay in the appeal hearing. “(Do) cross reference (betweeen handwritten and typed notes) to see whether the record makes sense or not,” he advised.

“The typists found it hard to comprehend the handwritten notes. If it does not make sense, I order both parties to make submissions over this.”

Justice Mohamed said he wanted to dispose of the appeal by this year and set Oct 28-30 for hearing.

Fernandez had been sentenced to 12 months’ jail by a magistrate’s court for maliciously publishing false news in 1995. She is appealing the decision.

Magistrate Juliana Mohamad had on Oct 16, 2003, said that the prosecution, through its witnesses, had successfully established Fernandez as the publisher of the news.

Fernandez was convicted of maliciously publishing a memorandum entitled Abuse, Torture, and Dehumanised Treatment of Migrant Workers at Detention Camps, which contained 16 statements that were found to be false.

She was said to have committed the offence at Tenaganita’s office in Lorong Bunus Enam, off Jalan Masjid India, on Aug 25, 1995.

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