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Conviction and 12-month jail sentence for Irene Fernandez for “false news” harsh  reminder that Malaysia is not on the threshold of a spring-time for democracy and human rights with the impending change of Prime Minister in two weeks’ time Media Commnet by Lim Kit Siang (Petaling Jaya, Thursday): The conviction and 12-month jail sentence which  the Kuala Lumpur magistrate’s court  today  handed down on Tenaganita director  Irene Fernandez for “false news” is a harsh reminder that Malaysia is not on the threshold of a spring-time for democracy and  human rights with the impending change of Prime Minister in two weeks’ time.  If so, the Attorney-General, Tan Sri Abdul Gani Patail would have acted on the DAP suggestion to withdraw the charge against Tenaganita director Irene Fernandez to end the eight-year international embarrassment and agony  to Malaysia as it was a  cause celebre which  highlighted the country’s deficit in democracy and human rights.   There were three  potent reasons why the Attorney-General should have withdrawn the charge against  Irene Fernandez under the Printing Presses and Publications Act (PPPA)  1984 for “maliciously publishing false news” in connection with a memorandum in 1995 about maltreatment, torture and death in illegal immigrant centres, viz:  Firstly, Section 8A(2) of the PPPA on “false news” , under which former DAP MP for Kota Melaka Lim Guan Eng was jailed, disqualified as MP and disenfranchised of his civil rights for five years from his release from Kajang Prison, should never have been put on the statute books; Secondly, Irene Fernandez should never been been charged for “false news”  for speaking out against the abuse of migrants; and Thirdly, the Public Prosecutor, in the public interest, should not have given his consent for Irene’s prosecution, as  Section 8A(3) of PPPA provides that there could be no prosecution for “false news” without the consent in writing of the Public Prosecutor. Hopes that Anwar Ibrahim would get a fairer and more  just treatment during the transition period in the passing of the baton of the Prime Minister from Datuk Seri Dr. Mahathir Mohamad to Datuk Seri Abdullah Ahmad Badawi have also been dashed by the Irene Fernandez verdict.  The road ahead for the restoration of justice, freedom, democracy and good governance is still  very long, hardy and bleak.  Irene’s continued trial and tribulation should inspire greater resolve and commitment by Malaysians committed to democracy, justice  and human rights to battle against the dark forces of injustice and oppression until final victory is achieved. (16/10/2003) * Lim Kit Siang, DAP National Chairman