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The perpetrators ought to be in the dock - not Irene (above)

Aliran is horrified that Irene Fernandez, who was charged under Section 8A(2) of the Printing Presses and Publications Act 1984 for maliciously publishing false news, has been convicted despite the overwhelming evidence adduced during the course of her trial. The defence witnesses giving evidence in open court affirmed graphically what Irene had stated in her memorandum. Malaysians were shocked beyond belief that such horrendous and barbaric treatment could be meted out to helpless human beings.

The evidence produced in court proceedings clearly revealed that the migrant workers were subjected to inhuman treatment. Under the cover of law, sadists in uniform had a field day vilifying and violating the dignity of human beings. According to the testimony of witnesses, the torture that was inflicted on the detainees also resulted in a few deaths. How on earth this was possible is beyond our comprehension.

These perpetrators ought to be in the dock - not Irene who had exposed their dastardly deeds. They are a disgrace to the nation. Why does this country criminalise whistle-blowers discharging their patriotic duty by exposing wrongdoings? Why must misdeeds be harboured and sheltered by law?

And why was the magistrate in such a hurry to conclude the case so abruptly? If she was due to resign, she should have been allowed to leave without rushing the case through. What is the problem? What happens when a judge dies before a case is concluded? Isn't there a provision to overcome such sudden departures? Can't we resort to the same provision in this case?

Why the indecent haste to conclude the case after dragging it on for so long? By bringing forward the submission date, the magistrate deprived Irene of the services of her lead lawyer, M Purvalen, who is currently abroad. Surely the court could have waited for him to return as he was the one who had been preparing Irene's submissions. It was totally unjust to call for submissions when he was away.

The protectors of law and order and the dispensers of justice must realise that they bear a heavy burden of duty that requires them to be responsible and God-fearing in whatever they do. When they fail to observe this, they ultimately shame us as a nation and condemn us to the dark ages where reason and logic and justice did not matter.

Some time ago we posed the question, "Is there hope in our judiciary?" Today we have to sadly conclude that there is none.

P Ramakrishnan
President
16 October 2003

This statement was sent to the local media including The Star and the Sun. We have stopped sending statements to the New Straits Times as they have never been carried.