The 'false news' trial of labour activist Irene Fernandez ( photo ) was adjourned until Friday after both parties today agreed to continue the hearing by the same magistrate who has been transferred to the Attorney-General's Chambers since September 2001.

After hearing arguments from both sides, Magistrate Juliana Mohamed determined that she will remain as magistrate for the case since no direct objections were raised.

"I hereby record that there are no objections over any possibility of prejudice (if I continue to serve as magistrate on this case)," she said during the hearing at the Kuala Lumpur Magistrates Court.

In response to a question by defence counsel M Puravalen yesterday if she had been gazetted (again) to serve as magistrate for the case, Juliana said a check at the Federal Court revealed she was "never de-gazetted" since the last court sitting in May 2001.

Yesterday, Juliana raised the possibility that she might recuse herself from the case due to possible conflict of interest arising from her current post at the Law Revision Division at the AG's Chambers.

Juliana last heard defence arguments in May 2001 before suspending the case for almost two years. The magistrate was transferred to the AG's Chambers on Sept 1, 2001.

Transfer back

Earlier, Puravalen said the magistrate was not in a position to preside over the proceedings because of her position in the AG's Chambers.

However, short of objecting to her involvement, he requested that the magistrate be transferred back to the Judicial and Legal Services Division in order to continue hearing the case.

"We are submitting that public policy principle requires that Puan is transferred back to Judiciary and Legal Services Division.

"We have no objections that Puan may be prejudiced, but the law requires for us to have this formality," he said, drawing on an earlier case.

However, the latter argument was rejected by the magistrate on grounds that the circumstances of the cases were different and did not apply to her situation.

Juliana also approved for the hearing to be adjourned until Friday as the court's Bengali interpreter was required to attend another case in Jawi, Penang, tomorrow.

Fernandez was charged under Section 8A(2) of the Printing Presses and Publications Act 1984 for "maliciously publishing false news" after she released a memorandum at a press conference in August 1995 about alleged torture and deaths in the camps for illegal immigrants.

If convicted, she faces up to three years in prison and/or a fine of up to RM20,000. She is currently on bail.