Tenaganita director Irene Fernandez has been given until Jan 12 to decide if she wants to proceed with her defamation suit against Utusan Malaysia while her criminal trial is still pending.

Fernandez had started giving evidence in her suit at the Kuala Lumpur High Court today but was stopped by justice RK Nathan who asked if it was wise for Fernandez to give evidence on matters which are linked to the criminal charge she is facing.

"It is not wise to proceed with the matter here as it is invariably going to be linked with the criminal matter," he said.

"She will be cross-examined here on her evidence and if she says something here which is different from what she had said in the criminal trial, her credibility will be impinged and she could face other criminal charges," he added.

After consulting with her, counsel Malik Imtiaz asked the court to adjourn the matter to another date to give time for Fernandez to consider the matter.

The court then fixed Jan 12 for mention.

Fernandez currently faces a charge of "maliciously publishing false news" after the release of a memorandum by her at a press conference in August 1995 on alleged tortures and deaths in Malaysian detention camp for illegal immigrants.

The criminal trial at the Kuala Lumpur Sessions Court began in June 1996 and is still ongoing. Fernandez, also Keadilan supreme council member, faces three years in jail if convicted. She is currently out on bail. The criminal trial resumes on Jan 10.

Earlier today, when she started giving evidence, she stated that a police officer had gone to see her regarding the memorandum in August 1995.

"He met me and said that he was there to investigate on the matters contained in the memorandum," she said.

Asked to cooperate with police

She said she then had gone to China to attend a conference and it was during this period a police report was lodged against her by a high-ranking police officer over the memorandum.

Fernandez added that the report was lodged on Sept 1, 1995 and the following day investigations were started.

She said she then received a fax from the Dang Wangi police station on Sept 6, 1995, asking her to cooperate in the investigations.

It was at this juncture when Nathan intervened to ask if her evidence here will have an impact on her criminal case.

Fernandez is suing Utusan Malaysia over an article which appeared on Sept 20, 1995 which stated that Fernandez failed to cooperate with the police in their investigations into the allegations found in the memorandum.

In the suit, Fernandez claimed that the article was written with malice and had meant that she was purposely evading the police, was insincere and lacked integrity

In defence, Utusan Malaysia denied defaming Fernandez and stated that the article was based on facts.