The Kuala Lumpur Magistrate's Court today allowed labour rights activist Irene Fernandez to personally respond to the submissions by the public prosecutor on her long-running 'false-news' trial and she will resume the other half of her submissions tomorrow.

At the outset of the proceedings, Fernandez's lawyer Edmund Bon sought the court's approval to make an oral submission instead, which magistrate Juliana Mohamed allowed.

In her oral submission, Fenandez, who helms the labour organisation Tenaganita, referred to the testimony of defence witness and former Semenyih Immigration Detention Camp inmate Golam Moula.

The Bangladeshi national claimed to have witnessed two deaths during his incarceration, in addition to being stripped, beaten, tortured and denied access to water and medical treatment.

"(Based on Golam's testimony) you see that ... torture is not just physical infliction of pain, but it is the dehumanising effect that is created onto the detainee, and the fear and trauma that is brought on as a consequence," she said.

"Golam almost threw up three times in court when he was reliving going to the toilet (in the camp) that was filled with faeces," she said, adding that such unsanitary conditions were likely a major factor precipitating the outbreak of diarrhoea and other diseases.

"Golam saw (one of those who died) carried out in a stretcher, and yet, the prosecution claimed that there was only one death in Semenyih, and that it was a suicide," added the activist, who is also Wanita Keadilan deputy chief.

Juliana is expected to deliver her decision following Fernandez's submission.

Short notice

Fernandez, 57, is charged under Section 8A(2) of the Printing Presses and Publications Act 1984 with "maliciously publishing false news" for releasing a memorandum at a press conference on August 1995 on the alleged torture and death in immigration detention camps.

Her trial began on June 10, 1996 and she is currently out on bail.

The court was expected to have announced its decision today after Juliana brought forward the date from March 17 next year. This is because she will be leaving the judicial services by the end of this week.

This put Fernandez's defence team in a quandary due to the short notice given to them to present their closing submissions.

They were told last Thursday to submit the final written submissions within two days. However, lead counsel M Puravalen is currently away on a human rights fact-finding mission in Pakistan and is not expected to return until Oct 20.

Hopeful, but prepared

While exiting the courtroom today amid cheers from supporters, Fernandez said she was glad that the magistrate had permitted her to make an oral submission in the absence of her lead counsel.

"I am very happy that the magistrate allowed me to make an oral submission ... and have done so in the interest of justice," she added.

Asked to comment on the possibility of a judgment being delivered tomorrow, Fernandez replied: "I am hopeful, but I am also prepared for the worst."

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

More than 100 supporters gathered outside the court building this afternoon while the courtroom was also packed.

Among those present were Keadilan president Dr Wan Azizah Wan Ismail, DAP parliamentarians Fong Po Kuan and Chong Eng, Bar Council representative Ramdas Tikamdas, Amnesty International's Edward Saw and Elizabeth Wong from the human rights body Hakam.

With over 300 days of court appearances, 35 prosecution and 21 defence witnesses, and notes of evidence amounting to 5,000 pages, the Irene Fernandez trial - considered the longest trial in Malaysian legal history - has attracted much international attention.

Human rights bodies such as Human Rights Watch and Amnesty International have strongly condemned the government's criminal proceedings against her, claiming that she should not be charged for speaking out against the abuse of migrants.