Friday 15 November 2013

Thankfully no arrest warrant,... - next date for Lena's case is 25/11/2013


NEXT HEARING DATE:- 25 NOVEMBER 2013 (9 AM)


As you are aware, the courts fixed 12/11/2013 as the next date despite the fact that Lena Hendry had already indicated at an earlier date that she will be overseas. In a criminal trial, where the accussed person is released on bail, attendance at every court date is compulsory. Non-attendance can result in the issuance of an arrest warrant, possible contempt proceedings and even the cancellation of the bail which means Lena Hendry would be detained until the trial dates. [On the date, that they fixed 12/11/2013, the Magistrate was on medical leave and the court fixed the date]

Thankfully, eventhough Lena Hendry was not in court on 12/11/2013, on application of her lawyers, the court has fixed a new hearing date on 25/11/2013, a Monday. Lena would be back in Malaysia and would be able to attend court.
Do come and show your solidarity with Lena on the said date... it really matters. 
For those that do not know, we have an ONLINE PETITION which is addressed to Malaysia's Prime Minister and Malaysia's Attorney General (the Public Prosecutor) calling on them to Drop the Charges against Lena Hendry. Go and sign this petition, and get all your friends and families to do so.

Magistrate Court 6

Magistrate:  Ashraf Razal Abdul Manan 
Deputy Public Prosecutor: Chean Ooi Ling
Lena's Defence Team: New Sin Yew, Edmund Bon, Joshua Tay

Watching Brief 
Suhakam(Malaysian Human Rights Commission) - represented by Siti Kasim

* European Union Delegation to Malaysia, represented by Mr Ivan, is following the case

** The news is that the American Bar Association (ABA)and the Bar Council will also be holding watching brief once the case starts

Friday 8 November 2013

Lena not in Malaysia but court fixes 12/11/2013(Tuesday) as the next date

Magistrate Court 6

Magistrate:  Ashraf Razal Abdul Manan 
Deputy Public Prosecutor: Chean Ooi Ling
Lena's Defence Team: New Sin Yew, Edmund Bon, Joshua Tay

Watching Brief 
Suhakam(Malaysian Human Rights Commission) - represented by Siti Kasim

* European Union Delegation to Malaysia, Mr Ivan, will be following the case

** The news is that the American Bar Association (ABA)and the Bar Council will also be holding watching brief once the case starts

UPDATE:

The Magistrate was on Medical Leave, and case has now been fixed for 12/7/2013(Tuesday)

Ms Lena Hendry will not be available for about 10 days starting from 12th November 2013, and prior notice was given to the Magistrate about this at the last court date.On 7/11/2013, the Magistrate was not around and normally dates would be given by the court staff normally a pre-determined date, sometimes dates that are not suitable for parties.

In a Criminal trial, the accused person on bail MUST attend all court dates, failing which there is the risk that an Arrest Warrant may be issued, and even the Bail revoked and this mean Lena would held in detention. 

We hope that the Magistrate will be lenient as Lena Hendry will be overseas and will not be able to attend the court date this coming Tuesday(12/11/2013) more so since she had already long before informed the court that she would not be around on these dates.

Next Date: Tuesday(12/11/2013)
* Note Lena will not be able to attend, and the court will most likely fix NEW dates. [Attendance in solidarity and support may not be needed on this date]

Some News Links and Video links (some of which are already posted in this Blog, some not)

News Links


Some Video News Links

Thursday 7 November 2013

Woman faces prison for showing human rights film in Malaysia (Women News Network)

Woman faces prison for showing human rights film in Malaysia

WNN Justice
Sri Lankan human rights advocate and filmmaker Ms. Lena Hendry
Ms. Lena Hendry, a human rights defender and Program Coordinator for Pusat KOMAS, a human rights organization in Malaysia, is facing charges of  because of her in showing a film highlighting human rights abuse of the Tamil people in Sri Lanka. Image: FLD

(WNN/FLD) Kuala Lumpur, MALAYSIA, SOUTH-EASTERN ASIA: On 7 November 2013, human rights defender Lena Hendry is due to appear at Majistret Court 6, Duta High Court Complex in Kuala Lumpur. She is charged under the Film Censorship Act 2002 for screening a documentary exposing human rights violations committed by the Sri Lankan military during the 2009 civil war.

Lena Hendry is a Program Coordinator for Pusat KOMAS, a human rights organization which works to empower indigenous peoples, urban poor, workers, and civil society organization through the use of popular media.

Lena Hendry is charged under Section 6 (1) (b) of the Film Censorship Act 2002 for showing a documentary entitled “No Fire Zone: The Killing Fields of Sri Lanka”, which is an investigatory documentary reporting how thousands of Tamil people were killed by the Sri Lankan military. The Sri Lankan authorities deny these allegations.

“To advocate a policy or a law that says that film or video material must be pre-approved by the government before it can be used is in itself a violation of principles of human rights and the UN Human Rights Defender Declaration,” says Pusat KOMAS along with 112 other human rights organizations in a public letter directed to the Malaysian government.

If the human rights defender is found guilty, she could face a fine of between RM5,000 and RM30,000 (approximately $1,576 to $9,455 USD) and/or a maximum of three years in prison.

Lena Hendry last appeared in court on October 21, 2013 when documents including the charge sheet, the police report, the layout of the venue where the documentary was shown, and a copy of the film in DVD format were provided to the court.

In a recent release Front Line Defenders reiterates the call for the authorities in Malaysia to immediately drop the charge against Lena Hendry as it is solely motivated by her legitimate and peaceful work in the defense of human rights. For more information on the case, please see the original urgent appeal dated 20 September 2013

Tuesday 5 November 2013