The delay by the Kuala Lumpur High Court in hearing the travel ban appeal of labour activist Irene Fernandez has led her to withdraw the application today.

She made the decision after Justice Abdull Hamid Embong said the matter had been rendered academic as the international meetings she had intended to attend had passed.

"The judge offered the court's apologies and gave us his assurance that future appeals would be heard expeditiously when accompanied with a certificate of urgency," said her counsel when met later.

The appeal was withdrawn after Puravalen and Deputy Public Prosecutor Ahmad Bache' met with the judge in chambers at the latter's request.

Fernandez had surrendered her passport to the court last October as part of her bail condition after being convicted of publishing false news with malicious intent.

She was released on a RM3,000 bail after she filed a notice of appeal with the Kuala Lumpur High Court against the conviction and a 12-month jail sentence.

However, her applications for the release of her passport to attend several international meetings late last year were rejected by the Kuala Lumpur Magistrate's Court, although the court had approved similar applications before her conviction.

Last November, the activist had to miss two expert group meetings in the United States and Canada on human rights and Aids respectively in November. She also missed two invitations to speak on human rights at the German Parliament and Bangkok in December.

Review magistrate

During the short hearing this morning, Puravalen told the court that Fernandez' appeals were filed as early as last November but ignored by the court registrar although a certificate of urgency was presented.

This, he said, allowed the matter to be overcome by events.

The lawyer also urged the judge to determine whether the use of judicial discretion by Magistrate Syafeera Mohd Said was in accordance with legal principles as no reasons were given for the rejection of the passport applications.

"The applicant's interests are affected because she has appeared twice before the same magistrate who just dismissed the applications without giving any reasons. This will happen again," he said.

However, Abdull Hamid said he could not decide on the matter since the justification for the passport application was no longer relevant.

"You are asking for the bail terms to be temporarily suspended but the visits are not there anymore. Should the court now suspend bail?"

The judge also declined to review the magistrate's use of discretionary powers as it would be akin to preempting a future decision.

"If it is current, I can hear and find out about the decision of the magistrate. I cannot decide on something that will happen in the future if the applicant is going to travel again," he added.