Charles Hector : Human Rights Defender’s Case Update (11/4/2011)

Lawyer Francis Pereira briefing the media on decision of injunction against Charles Hector 

Malaysian Bar (Holding a Watching Brief) was represented by Daniel Lo (in the middle)

Charles Hector‘s lawyer R, Shanmugam( first on the left) and Taneswaran, pupil in Chambers  ( first on the right)

Asahi Kosei Sdn Bhd –V- Charles Hector Fernandez(Case No: 22 NCVC – 173 – 2011) came up before Judge Lim Yee Lan at the Shah Alam, Selangor, Malaysia NCVC Court at the Shah Alam Court Complex at about 10 am  for a decision of 2 applications, whereby submissions had all been done on 30/3/2011. 

The said 2 applications, in brief, are:-

a)            The Asahi Kosei’s application for an interlocutory (temporary) injunction, which amongst others, was for in brief, is for an injunction same as the one they applied for “an injunction that Charles Hector be it by himself or his servants or agents or through whatever other means be prevented from posting or republishing or issuing or touching on any statement about the subject matter of Myanmmar workers associated with the Asahi Kosei  through the blog www.charleshector.blogspot.com or through any other form of communication whatsoever until the final settlement of this suit including appeals concerning this suit.”

Decision (in brief): The court allowed this application and granted a much narrow order, i.e. the same as the earlier ‘holding over order’, confining to just the 31 Burmese Migrant Workers [no more all Burmese migrant workers], and restricting Charles Hector from communicating through the blog www.charleshector.blogspot.com and twitter until the end of the trial, and that cost be cost in the cause.(which means that whoever loses the case at the end after trial pays the cost)

(b)       The hearing of Charles Hector’s application to set aside the said ex-parte order of 17/2/2011.

            Decision (in brief): The court dismissed this application and ordered that cost be cost in the cause. With regard to the ex-parte order dated 17/2/2011, the court also varied the order as to cost to cost in the cause.

(c)        Other matters: The court also vacated the previously fixed hearing dates, i.e. 19-21 April, and will be fixing new trial dates later.

In court today, the lawyers were:-

Charles Hector  was represented by lawyers Francis Pereira and R, Shanmugam (with Taneswaran, pupil in Chambers)

Asahi Kosei Sdn Bhd was represented by lawyer John Fam, Freeda Santhiago and Tan Tai Hwa

Malaysian Bar (Holding a Watching Brief) was represented by Daniel Lo

* Representatives from civil society, human rights groups and the Burmese migrant community were also present in court as a show of support and solidarity. Media was also present today in greater numbers. Adrienn Sallai (Third Secretary Political Affairs of the European Union Delegation to Malaysia) and another from the EU, and Heikki Vandermander, the Deputy Head of Mission from the Royal Embassy of Beligium was also present today. The judge, on being moved by Asahi Kosei’s lawyer, decided to clear the court, before decision was given. We appreciate your continued support and show of solidarity. Thank you also for the many well wishes we received from friends and colleagues in the struggle for human rights and justice.

Siew Hwa, Southeast Asia coordinator for the Asia Floor Wage Alliance-AFWA together with Angeline Loh ,an Aliran exco member

Important Past Dates

14/2/2011 –  Charles Hector receives company’s lawyers letter of demand.

14/2/2011 – Company filed court action, and applies for an ex-parte interlocutory injunction

17/2/2011 – Hearing of application & Court grants ex-parte order

21/2/2011 – Charles Hector receives order & court documents (becomes aware for the first time that Company had filed suit and applied for an order)

4/3/2011 – 1^st hearing date of Company’s inter-parte application for an interlocutory injunction.

1^st hearing date for Charles Hector’s application to set aside ex-parte order of 17/2/2011

21/3/2011 – 2^nd hearing date for both applications

30/3/2011 – 3^rd hearing date for both applications

7/4/2011 – 4^th date – fixed for decision of the 2 applications.

11/4/2011 – Decision for 2 applications given

Next date: 13/4/2011(Wednesday) – being a date fixed before the registrar with regard Charles Hector’s 2 applications (1) to join all 31 migrant workers from Burma as parties in this action, and (2) to amend the Defence and Counter Claim. This will not be a hearing, just for case management which may include fixing hearing/trial dates.