While some welcome today’s court decision to acquit migrant workers activist Irene Fernandez as an indication that Malaysia is heading towards judicial independence, others prefer to hold back their judgement for now.

According to Human Rights Commission (Suhakam) commissioner Siva Subramaniam, the acquittal marked a “significant struggle in her (Fernandez) life despite the difficulties she has to go through”.

irene fernandez 13 year court battle 241108 “It is a victory for her... It is (also) an indication of independence of judiciary in Malaysia. The people can now expect a fair justice system in the future,” he said when contacted today.

However, human rights watchdog Suaram executive coordinator Yap Swee Seng has a different take, saying that the government and the judiciary should do much more to prove its independence.

“We need to see more cases. I think we still have not seen a consistent pattern that we have an independent judiciary in place,” he said.

Fernandez, also Tenaganita executive director, was today acquitted by Kuala Lumpur High Court - ending her 13-year long court battle.

High Court judge Mohamad Apandi Ali reversed the Kuala Lumpur Magistrate's Court judgment in 2003 where Fernandez was sentenced to one years’ jail for maliciously publishing false news. She was allowed bail pending her appeal.

The High Court judge made the decision after deputy public prosecutor Shamsul Sulaiman said that the prosecution had decided not to fight the appeal.

Government should address problems

According to Migration Working Group coordinator Alice Nah, the government should instead address the issue raised by Fernandez on the poor treatment of migrant workers in detention centres despite the acquittal.

Fernandez’s 13-year ordeal began in 1995 when she exposed the poor conditions at immigration detention centres in a memorandum entitled 'Abuse, Torture and Dehumanised Conditions of Migrant Workers in Detention Centres'.

She alleged incidences of torture as well as deaths of illegal immigrants who were detained in the camps.

“The memorandum should be addressed concretely,” said Nah, adding that she was however happy with the decision to acquit Fernandez.

Some BN leaders contacted by Malaysiakini refused to comment on the matter.

The following are some other reactions to Fernandez’s acquittal:

Ramon Navaratnam, Transparency International Malaysia president

Why the decision came so late - after 13 years? Irene Fernandez should not have been subjected to such trauma in waiting for this judgment. She should not be charged in the first place. For her to wait this long, it was a miscarriage of justice.

It (the decision) is also a redeeming feature of today's judiciary, which seemed to be more independent, giving out such quality judgments.

Credit should go to former chief justice Abdul Hamid Mohamad for instituting the change and credibility in the judiciary within a short period. I hope this stays. This stands in stark contrast to what happened before when she (Fernandez) was charged.

We hope this is a beginning of a new trend in transparency and independence of the judiciary.

Lim Guan Eng, Penang chief minister and DAP secretary-general

This is a big vindication for her battle against the injustices perpetrated against migrant workers and the political persecution to stifle voices of dissent.

The attorney-general should be held responsible for indulging in this politically-motivated trial instead of following his conscience of righteousness and justice as well as upholding the rule of law.

Nora Murat, Amnesty International Malaysia executive director

We welcome the decision to acquit Irene Fernandez. It is a disgrace that it took this long. This has certainly been too long for a journey for someone like Irene to face. Despite this, we welcome the decision.

Teresa Kok, Selangor State exco member, MP for Seputeh and Kinrara assemblyperson

In my view, Irene has had to comprehend with the mental anguish, psychological duress and physical stress that she had to face for 13 years' in daring to speak the truth, to seek justice and better working conditions for migrant workers who are in Malaysia to earn a living.

The attorney-general and the minister responsible for law should do the right thing and commission an urgent inquiry into the circumstances of the original charges against Fernandez. I also welcome the decision and hopefully it is a clear indication of a reformed and independent judiciary under the new chief justice, Zaki Azmi.

The attorney-general should review all legislation such as the one that Fernandez was charged under with a view of amending and even repealing outdated legislation that no longer have a place in modern democratic society.