To NGOs, civil society and concerned individuals,

On September 10, 2008, Dr Irene Fernandez goes back to the High Court for her Appeal.  On this day, the High Court will assess the  progress in completing the appeal records with the relevant documents to ensure the hearing of the appeal in October 2008.

At the last 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 virus had corrupted the notes of one volume of typed notes of evidence.  The registrar had requested for one more month.  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, as director of Tenaganita was arrested and charged under the Printing Presses and Publication Act for the memorandum titled “Abuse, Torture and Dehumanized Conditions of Migrant workers in Detention Centres” . The memorandum expose was denied by the government.

In October 2003, Irene was convicted to 12 months imprisonment and her passport impounded.  Irene appealed to the High Court for stay of sentence and was granted the appeal. And 5 years later, the record of appeal has yet to be completed for hearing.

At the last hearing, on August 5, 2008, the presiding judge, Appandi Ali noted that the appeal process has been “unusual” with the a number of delays. In the open court, he assured that he would make a decision on the Appeal by December 2008.

It is with great hope that Irene and Tenaganita will go back to court on September 10, 2008.  We commend the legal team of Mr. Puravalen, YB Sivarasa (MP for Subang Jaya) and Ms. Moganambal for the being resilient and working hard to ensure justice is done

The dates for the actual Appeal Hearing will be from October 28-30, 2008, immediately after Deepavali. All the lawyers celebrate Deepavali. But they have accepted these dates as the Judge is only able to hear the appeal on these dates.

We are challenged, hopeful nonetheless that justice and the truth will prevail.  This trial and the appeal are issues of fundamental rights and liberties, of good governance and the struggle against corruption. The trial is about freedomof expression and the need to protect whistleblowers.  It is today the nation’s struggle.

We would like you to be present in court to express your support to rights and to Irene.  The Appeal will be heard at 9am, September 10  in Criminal Court 2 of the High Court Level 5, Room 2.  Please pass the information to as many persons as possible.

The support you give today will pave the way to justice, protection of rights and for truth to prevail in our beloved nation.