Human rights activist Irene Fernandez was sentenced to 12 months' imprisonment today after she was found guilty by the Kuala Lumpur magistrate's court of maliciously publishing false news.

Magistrate Juliana Mohamed announced the sentence at 4:45 this evening after deliberating for 30 minutes. However the court allowed Fernandez a stay of execution pending appeal to the High Court, and set bail at RM3,000.

Fernandez, 57, posted the bail and will file her appeal tomorrow.

Fernandez was 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 in August 1995 on the alleged torture and death in immigration detention camps.

"The court finds the prosecution to have proven, beyond all reasonable doubts, the existence of malice, and I find her guilty," said Juliana when handing down her verdict today.

She said Fernandez had written her memorandum based on the information from former detainees without "effort to obtain the truth in their statements".

Juliana determined that all 16 points addressed in the memorandum - the allegations of torture and deaths in camps, denial of medical treatment, forced stripping lack of proper food, unsanitary toilets and police corruption, among others - to be false.

Political speech

When the court resumed after lunch, Juliana heard the mitigation submissions from both sides - the prosecution and the defence - before announcing her sentence.

But just as Fernandez began her mitigation, she ran into trouble with the prosecution who objected to her first sentence on the ground that she was making a 'political speech', not a mitigation.

DPP Stanley Augustin interrupted right after Fernandez said: "My conscience is clear, I would be if what I did was making known the conditions in the detention camps".

"Is this a mitigation or statement? What the convicted person is saying now (amounts to a) political statement," said Augustin.

Following arguments from both sides, Juliana however clarified with Fernandez on what was meant by a mitigation, and allowed her to go on.

Fernandez continued: "I want my children and the children of all the people I work with as head of Tenaganita to enjoy and live in a society that is peaceful, where we do not fear state violence.

"As a mother, I want to believe that I am part of that process - that the society they belong to is a just society, that it is a society that treats migrant workers as human beings and with dignity."

Fernandez asked the court to consider her old age and that she was a mother of three children, with one foster child who will soon be sitting for her SPM.

She also told the court to take into consideration of her role in women and labour rights movements which seek to protect and promote the well-being of migrant workers in numerous sectors.

She added that in her role as a worker for human rights, she has received invitation to attend a human rights roundtable hosted by former US President Jimmy Carter this November in Atlanta, and another meeting in Berlin in December to address the German Parliament on human rights issues.

Harsh deterrent sentence

In reply, DPP Augustin asked that the court mete out a harsh deterrent sentence, on consideration that Fernandez's allegations had brought "disrepute to the nation's good name", particularly as the trial has attracted international media attention.

"The court must take into account the interest of the nation. Freedom of speech is not freedom to say anything you like - it must be confined and cannot hurt public or national interest."

As such, a 'deterrent sentence' must be passed for the message that if one publishes false and malicious statements, one should expect to be charged, and when found guilty, to expect to be sentenced, said Augustin.

"NGOs, or whichever organisation, if they want to publish something about this country, let them check the facts first. Do not shoot without first checking the facts.

"Only a maximum sentence is appropriate so that the accused will repent the seriousness of her offence."

During his mitigation, Augustin also found fault with Fernandez's use of the term 'state violence'.

"In mitigation, the accused had used the word 'state violence', when we had not (used the term) ... in fact, during cross examination, nothing was said of 'state violence', nothing at all.

"There is no such thing as 'state violence' in the beautiful country of ours," said Augustin to hoots of laughter from the gallery.

"You can laugh, but I can assure you it is no laughing matter," he added.

Fernandez however refused to take the DPP's comments standing down and requested permission from the court to respond, which Juliana permitted.

"I would like the honourable DPP to go back to 1998 when the then Inspector General of Police Rahim Noor beat up (former deputy premier) Anwar Ibrahim so brutally that he fell unconscious. This was made explicit and recognised (by) the Royal Commission of Enquiry ... as well as the courts, which found (Rahim) guilty," she said.

Made an example

In passing the one-year jail sentence, Juliana said the decision was based on the fact that Fernandez's allegations had brought disrepute to the nation, and such an offence "must be made an example".

While taking note of the important role Fernandez played in various NGO bodies, as well as in being a mother of four, Juliana said a balance between private and public interest must nevertheless be struck.

Under the law, Fernandez faces up to three years in prison and/or a fine of up to RM20,000.

Immediately after the sentence, Fernandez's counsel Edmund Bon requested for a stay of execution on the basis that at the time the sentence was passed, it would be too late to submit an application to appeal at the High Court.

Taking consideration the arguments from both sides, Juliana allowed the stay of execution on condition that Fernandez's lawyers file their application at the High Court tomorrow.

The trial, which began on June 10, 1996, is considered the longest criminal trial in the country's history.

About 40 individuals packed the courthouse this afternoon, including observers from Amnesty International, human rights NGOs Hakam and Suaram, the Bar Council, Women's Aid Organisation, Sisters In Islam and US Embassy officials.

The outside hall was thronged by some 150 of Fernandez's supporters, who included migrant workers, international observers and opposition politicians.

Fernandez was swamped by the crowd as she left the courthouse at 5:30 this evening, to be greeted by cheers of "Reformasi".

Key dates in the 'false news' trial