The Kuala Lumpur magistrate's court has barred labour activist Irene Fernandez from traveling abroad on the grounds that she would "probably tarnish the image of the country" if she is allowed to do so.

In a press statement today, the Tenaga director said she applied for her passport in order to attend two expert group meetings in the United States and Canada on human rights and aids issues respectively but for the first time since the start of her trial seven years ago, the court denied her access to it.

"I have applied for the release of my passport 42 times during the seven year trial and at all times, the application was approved. On 41 occasions it has been to participate at international meetings and at all times, the prosecution had never objection to the applications," she said.

Last month, Fenandez was found guilty of publishing 'false news' and sentenced to 12 months imprisonment by the Kuala Lumpur magistrate's court although the court allowed her a stay of execution pending her appeal to the High Court.

She was required to post bail of RM3,000 and surrender her passport as part of the bail conditions.

According to Fernandez, the court today did not state the reasons for rejecting her application beyond accepting the prosecution's argument.

Flawed affidavit

She contended that the prosecution's affidavit to the court was flawed as it did not produce any evidence on how her actions would offend the country.

"The affidavit contained allegations made by a legal assistant who appears to have no nexus to the case. We do not know what information he has at hand to make these pronouncements of possible criminal conduct on my part," she said.

Fernandez said the court should only stop her from travelling if it felt that there was a chance that she would abscond from the country.

However, she said this was not stated as a reason by the prosecution in objecting to her application.

"(The prosecution) did not make any statement that I would abscond. In fact, the deputy public prosecutor Stanley Augustine agreed that they know there would be no risk of me absconding," she said referring to the absence of objections to her previous applications.

"The absence of objections on previous occasions to the same request now poses a question of the bona fides of the present objection."

Furthermore, she said the court should also be bound by a precedent set by the Supreme Court in the case of Zulkifli Hassan in 1990 where Zulkifli was allowed permission to travel although he was facing a conviction of seven charges and a delayed sentence of six and a half years.

Urgent appeal

Contacted later, Fernandez expressed her frustration with the situation but said she would appeal against the decision with the Kuala Lumpur High Court.

"They had never objected before so they might be acting with mala fide (bad faith) now. We are trying to get a certificate of urgency for the appeal to be heard soon since the meetings are scheduled for next week," she said.

Fernandez is invited to attend an expert group meeting on 'Human Rights Defenders on the Frontline of Freedom' from Nov 10 to 12, 2003, at the Carter Centre for Human Rights in Atlanta.

The meeting is to be chaired by Acting UN High Commissioner for Human Rights Bertie Ramcharan and former US president Jimmy Carter, for whom the centre was named for.

The labour rights activist is also due to attend the annual general meeting of the International Council on Aids Service Organisations from Nov 13 to 14 in Toronto which would discuss plans for the next World Aids Conference scheduled for July next year. She is a director and member of the board of the organisation.

She said the action of the court to deny her permission to attend these meetings has cast irony and mockery on the pledge by newly appointed Prime Minister Abdullah Ahmad Badawi's call for greater "human development" in the areas of politics, ethics and morality.

"The court's rejection will send out a message that we fear human rights and we do not want to see human rights defenders being forthright and active nationally and internationally.

"(It also suggests) we do not want to give recognition to the importance of developing strategies to address HIV/Aids issues at regionally and globally," she said.