It is 'humanly impossible' for the defence to file its final submission on the Irene Fernandez case - dubbed one of the longest running trials in Malaysian history - in time for the court to hand down its judgment, lawyers close to the case said today.

On Thursday, the office of lead defence counsel M Puravalen received a request from magistrate Juliana Mahamed to make final written submissions within two days, which was last Saturday.

However, Puravalen ( photo ) is currently away on a human rights fact-finding mission in Pakistan and is not expected to return until Oct 20.

According to lawyers, Fernandez's lawyers from another law firm, Daim and Gamany, was forced to scramble on Friday when they received Juliana's request from Puravalen's office.

They have told the magistrate that the defence was unable to meet the deadline given the short notice.

"Puravalen was alone in working on the submission - he could not have been aware of the request and will not be here tomorrow (when the court makes its judgment)," they said.

Despite the short notice, the AG's Chambers was however able to send in an 82-page-long submission.

Leaving service

At tomorrow's judgment, the magistrate will make her decision based on the court hearings in the seven-year trial and the written submissions from the counsels.

Juliana - who took on an additional role as senior federal counsel in the Law Revision Decision of the AG's Chambers in September 2001 - wants the decision date to be brought forward from March 17 next year as she will be quitting her job this Friday.

It is believed that Juliana plans to join the private practise. The magistrate's court approved her request last Wednesday.

Fernandez, 57, who is head of labour NGO Tenaganita, was arrested on March 18, 1996, on allegations that a memorandum she had made public at a press conference seven months earlier on August 1995 - on torture and death in illegal immigrants' detention camps - was factually wrong.

Fernandez had sent the memorandum to a number of relevant ministers urging for remedial action to be taken to improve the conditions of the camps.

Charged under Section 8A(2) of the Printing Presses and Publications Act 1984 for "maliciously publishing false news", her trial first began on June 10, 1996.

Fernandez's defence closed their case on March 13 this year.

'Miscarriage of justice'

The seven-year trial saw over 300 days of court appearances, heard 35 prosecution and 21 defence witnesses, and had notes of evidence amounting to 5,000 pages.

Given the extensive grounds covered by the trial, defence lawyers said the four days' notice would not allow them the time to adequately prepare their closing arguments.

Tenaganita national coordinator Aegile Fernandez had expressed her concern over the manner in which the judgment has been fast tracked and sped up.

"The manner in which the decision has been made to conclude the trial denies Fernandez and Tenaganita the right to make their submissions,"

"The sudden change of date has placed (us) in a difficult position as (our) lawyers would not be present in court... This constitutes a miscarriage of justice," she said in a statement to the press.

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was informed that a replacement team of lawyers will be representing Fernandez tomorrow.

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

Drop the charge

Meanwhile DAP chairperson Lim Kit Siang urged Attorney General Abdul Gani Patail to withdraw the charge against Fernandez, which he says is the best solution for the country and the rights activist.

"The eight-year agony, trial and tribulation for Irene Fernandez was also the agony, trial and tribulation of Malaysia in the international arena as the butt of universal criticism for the double deficit in democracy and human rights," he said in a statement.

"Gani Patail can make amends for the misjudgment of his predecessor in 1996 in giving consent to prosecute Ferdandez," he added.