Court of Appeal dismiss stay application, ordered Charles Hector to pay RM10,000 as cost to Asahi Kosei , Full trial is commence from August 24-26 at Shah Alam high court

MALAYSIA: Human Rights Defender’s Case Update -23/8/2011

Asahi Kosei Sdn Bhd –V- Charles Hector Fernandez(Case No: 22 NCVC – 173 – 2011) is before Judge Lim Yee Lan at the Shah Alam, Selangor, Malaysia NCVC Court at the Shah Alam Court Complex

Court of Appeal at Putrajaya (Civil Appeal No B-02 (NCVC) 1709-2011)

Charles Hector was represented by lawyers Francis Pereira, Sharimini Thiruselvam

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

* Charles Hector was also present

The Court of Appeal (panel of 3 judges) dismissed Charles Hector’s application to stay the proceedings of the High Court until after the Appeal to the Court of Appeal is heard .The relevant appeal at the Court of Appeal was fixed for hearing on 5/10/2011.

The main argument was that if a stay was not granted, and the trial proceeds at the High Court, then the appeal will be rendered nugatory. Why? Even if the appeal is allowed on 5/10/2011, certainly the 31 workers who would be joined as parties, they would be prejudiced because the trial had started. In a stay application, the court of appeal is not supposed to look at the merits of the Appeal fixed for hearing on 5/10/2011, they are not supposed to consider whether that appeal will be successful or not.  The only question being whether stay be granted until after the appeal is heard and disposed off.

Not only did the Court of Appeal dismiss this application, they also ordered Charles Hector to pay RM10,000 as cost to the Plaintiff (Asahi Kosei). This was exhorbitant considering that even in a full appeal that the court earlier heard, the cost that had to be paid was RM5,000, and this was a simple small application which Charles Hector was forced to make when the Court of Appeal fixed the hearing date of the appeal on 5/10/2011 – Lawyers did try to get this appeal to be heard before 24/8/2011 – but the earliest date that Court of Appeal could give was 5/10/2011, and that is what forced the need to make this stay application. After the hearing, before cost was awarded, the court asked the company’s lawyer how much they wanted, and they asked for RM10,000, and then they asked Charles Hector’s lawyer, who said that reasonably it should not be more than RM2,000 – and then the court made the order that Charles Hector pay RM10,000. One would have expected that the court would have asked the cost be some figure in between – but the Court of Appeal gave the company what they asked for. (Comment:- If the Court of Appeal was free to hear the Stay Application, it could very well have heard the Appeal on 23/8/2011 instead of fixing it for 5/10/2011)

Now, the trial at the High Court in Shah Alam is expected to proceed on 24/8/2011, 25/8/2011 and 26/8/2011.

Notes :-

Appreciation for the solidarity and presence of civil society representatives, members of the Burmese migrant community, a representative of the Finnish embassy who represent European Union (EU) ,and a representative from the Norwegian embassy, who also came on behalf of the European Union on 27/6/2011.Also present was Ms Sudha, from the Observatory on a mission to observe this trial, and also a Human Rights Commissioner.

Media was also present in numbers.

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

11/4/2011 – Court allows company’s application for interlocutory injunctions until end of trial, but narrowed it to just the said 31 named migrant workers, and prohibiting Charles Hector from communicating vide blog (http://charleshector.blogspot.com/) and twitting, and dismissed Charles Hector’s application to set aside judgment of 17/2/2011, ordering cost to be cost in the cost for the said 2 applications, and also with regard the order of 17/2/2011.

25/5/2011 – Hearing of Charles Hector’s application to join the 31 workers as parties in the suit

10/6/2011 – Court dismisses Charles Hector’s application to join the 31

16/6/2011 – Charles Hector appeals to the Court of Appeal with regard 10/6 decision

20/6/2011 – Charles Hector files stay of proceeding pending appeal application

24/6/2011 – Court hears the application for stay of proceedings

27/6/2011 – High Court dismisses stay application – but then grants adjournment of full trial.

9/8/2011   - Court of Appeal fixes appeal to be heard on 5/10/2011 (forcing the need to file an application to stay proceedings at the Court of Appeal)

23/8/2011 – Court of Appeal dismisses stay application and orders Charles Hector to pay cost of RM10,000.

Next date: Trial dates are now fixed for – 24, 25 and 26 August 2011)

URGENT NEED – We need volunteers who will be able to come and take down notes during the trial, so that we could circulate these so that persons who do not attend will also be know what happened in court .

Charles Hector, Human Rights Defender, Activist, Lawyer & Blogger is being sued by the company for defamation for raising information of human rights and worker rights violations of workers working in the said company on his Blog. Information circulated came from the 31 migrant workers from Burma. Before any posting, an email was sent to Asahi Kosei for their response, which contained also these words, “If there are anything that you would like to correct, kindly revert to me immediately. …An urgent response would be appreciated. Failing to hear from you, I would take it that the allegations of the workers are true.”. The company did not respond, and subsequently commenced a legal suit 6 days later.

The company’s main argument is that these are not their workers, but are workers supplied by an ‘outsourcing agent’. The company says that these workers are not on their ‘direct payroll’ …salaries are paid to the agent, hence they are not responsible for these workers, and for what happened. The company claims no knowledge of any termination or attempted deportation….or any ‘new agreement’.

Charles Hector is also of the opinion that once the workers are supplied to the company, then an employment relationship arises…between the workers and the company…A company must be responsible for all workers that work in their factory.

MALAYSIA: Human Rights Defender’s Case Update - 9/8/2011

Asahi Kosei Sdn Bhd –V- Charles Hector Fernandez(Case No: 22 NCVC – 173 – 2011) is before Judge Lim Yee Lan at the Shah Alam, Selangor, Malaysia NCVC Court at the Shah Alam Court Complex

As you are aware, an appeal has been filed at the Court of Appeal with regard the dismissal of the Charles Hector’s application by the High Court Judge to join the 31 affected Burmese migrant Workers. This application was dismissed on 10/6/2011, and the appeal to the Court of Appeal was filed on 16/6/2011.

Thereafter, an application was made to the High Court to stay proceedings at the High Court until after the appeal was heard and disposed off by the Court of Appeal. This application was also dismissed by the High Court on 27/6/2011.

The trial then was supposed to commence on 28 and 29 June 2011, but the court allowed an application for adjournment by Charles Hector, and fixed the trial for 24, 25 and 26 August 2011.

We had hoped the Court of Appeal would have been able to deal with the appeal by then. Delay was also caused by the High Court in not furnishing the Grounds of Decision and the Notes of Evidence, which were material documents needed to be included in the Record of Appeal, before the Appeal was heard. At the end of July, finally these documents were available, and the Court of Appeal fixed 9/8/2011, as a case management date to fix the hearing date of the appeal.

Mr Francis Pereira attended this appointment before the Registrar of the Court of Appeal, with several dates before the trial suitable for both parties, but unfortunately the Court of Appeal fixed the hearing date of the appeal on 5/10/2011.

Given the fact that the trial dates are fixed for 24, 25 and 26 August, it has now forced us to make an urgent application to the Court of Appeal for an order staying the trial at the High Court until after the appeal is heard and disposed off. We had hoped to avoid this application, but now there is no choice. The lawyers of Charles Hector are now rushing to file this application in court, and hope for a quick hearing date before the 24/8/2011.

 It is important for these workers, after being joined as parties, would also have the right put in claims who is the real employer, and the obligations that Asahi Kosei has towards these workers against Asahi Kosei. One of the key issues that the court will have decide on is the question of.

The Appeal at the Court of Appeal in Putrajaya, had been given the following number, Civil Appeal No B-02 (NCVC) 1709-2011

Charles Hector was represented by lawyers Francis Pereira, who also mentioned on behalf of Asahi Kosei’s lawyers at the appointment before the Registrar on 9/8/2011.

Notes :-

Appreciation for the solidarity and presence of civil society representatives and a representative of the Danish embassy, who also came on behalf of the European Union on 27/6/2011.

Appreciation also to the potential witnesses, who had made time and were ready to be in court as potential witnesses for Charles Hector on 28 and 29 June. Sorry for all inconvenience caused.

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

11/4/2011 – Court allows company’s application for interlocutory injunctions until end of trial, but narrowed it to just the said 31 named migrant workers, and prohibiting Charles Hector from communicating vide blog (http://charleshector.blogspot.com/) and twitting, and dismissed Charles Hector’s application to set aside judgment of 17/2/2011, ordering cost to be cost in the cost for the said 2 applications, and also with regard the order of 17/2/2011.

25/5/2011 – Hearing of Charles Hector’s application to join the 31 workers as parties in the suit

10/6/2011 – Court dismisses Charles Hector’s application to join the 31

16/6/2011 – Charles Hector appeals to the Court of Appeal with regard 10/6 decision [Civil Appeal No B-02 (NCVC) 1709-2011]

20/6/2011 – Charles Hector files stay of proceeding pending appeal application

24/6/2011 – Court hears the application for stay of proceedings

27/6/2011 – Court dismisses stay application – but then grants adjournment of full trial. New trial dates fixed on 24, 25 & 26 August.

9/8/2011   - Court of Appeal fixes the hearing date of Civil Appeal No B-02 (NCVC) 1709-2011 on 5/10/2011.

Next date: Trial dates are now fixed for – 24, 25 and 26 August 2011)

Charles Hector, Human Rights Defender, Activist, Lawyer & Blogger is being sued by the company for defamation for highlighting information of human rights and worker rights violations of workers working in Asahi Kosei’s factory on his Blog. Information came from the 31 migrant workers from Burma. Before any posting, an email was sent to Asahi Kosei for their response, which contained also these words, “If there are anything that you would like to correct, kindly revert to me immediately. …An urgent response would be appreciated. Failing to hear from you, I would take it that the allegations of the workers are true.”. The company did not respond, and subsequently commenced a legal suit 6 days later.

The company’s main argument is that these are not their workers, but are workers supplied by an ‘outsourcing agent’. The company says that these workers are not on their ‘direct payroll’ …salaries are paid to the agent, hence they are not responsible for these workers, and for what happened. The company claims no knowledge of any termination or attempted deportation….or any ‘new agreement’.

Charles Hector is also of the opinion that once the workers are supplied to the company, then an employment relationship arises…between the workers and the company…and A company must be responsible for all workers that work in their factory.

The court has now fixed 24, 25 and 26 August as the new trial dates.

MALAYSIA: Human Rights Defender’s Case Update -27/6/2011

Asahi Kosei Sdn Bhd –V- Charles Hector Fernandez (Case No: 22 NCVC – 173 – 2011) is before Judge Lim Yee Lan at the Shah Alam, Selangor, Malaysia NCVC Court at the Shah Alam Court Complex

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

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

* Charles Hector was also present

The Judge dismissed Charles Hector’s application for a stay of proceedings at the High Court until after the appeal to the Court of Appeal against the decision of the High Court’s judge refusing Charles Hector’s application to join the said 31 Burmese migrant worker on 10/6/2011.

On the application of Charles Hector’s lawyer for an adjournment of the full trial that was fixed on 28 and 29 June, on the grounds that the Defendant needed more time to prepare the case.

This suit was filed on 14/2/2011(and Charles Hector first became aware of the suit only on 21/2/2011), and it has just been about 4 months, and there were so many applications and hearings between that time until this date, and the Defendant who has a bigger onus in this case, having to need to proof the defence of justification, fair comment and/or qualified privilege, amongst others, certainly needs more time to prepare for their case. Witnesses needed to be interviewed, etc (Note also that Charles Hector’s father passed away suddenly on 10/6/2011).

The judge finally allowed the Charles Hector’s application for an adjournment of the full trial and has now fixed 24, 25 and 26 August as the new trial dates.

Drawing  by  Liz Hilton

Notes:-

Appreciation for the solidarity and presence of civil society representatives and a representative of the Danish embassy, who also came on behalf of the European Union on 27/6/2011.

Appreciation also to the potential witnesses, who had made time and were ready to be in court as potential witnesses for Charles Hector on 28 and 29 June. Sorry for all inconvenience caused.

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

11/4/2011 – Court allows company’s application for interlocutory injunctions until end of trial, but narrowed it to just the said 31 named migrant workers, and prohibiting Charles Hector from communicating vide blog (http://charleshector.blogspot.com/) and twitting, and dismissed Charles Hector’s application to set aside judgment of 17/2/2011, ordering cost to be cost in the cost for the said 2 applications, and also with regard the order of 17/2/2011.

25/5/2011 – Hearing of Charles Hector’s application to join the 31 workers as parties in the suit

10/6/2011 – Court dismisses Charles Hector’s application to join the 31

16/6/2011 – Charles Hector appeals to the Court of Appeal with regard 10/6 decision

20/6/2011 – Charles Hector files stay of proceeding pending appeal application

24/6/2011 – Court hears the application for stay of proceedings

27/6/2011 – Court dismisses stay application – but then grants adjournment of full trial.

Next date: Trial dates are now fixed for – 24, 25 and 26 August 2011)

Charles Hector, Human Rights Defender, Activist, Lawyer & Blogger is being sued by the company for defamation for raising information of human rights and worker rights violations of workers working in the said company on his Blog. Information circulated came from the 31 migrant workers from Burma. Before any posting, an email was sent to Asahi Kosei for their response, which contained also these words, “If there are anything that you would like to correct, kindly revert to me immediately. …An urgent response would be appreciated. Failing to hear from you, I would take it that the allegations of the workers are true.”. The company did not respond, and subsequently commenced a legal suit 6 days later.

The company’s main argument is that these are not their workers, but are workers supplied by an ‘outsourcing agent’. The company says that these workers are not on their ‘direct payroll’ …salaries are paid to the agent, hence they are not responsible for these workers, and for what happened. The company claims no knowledge of any termination or attempted deportation….or any ‘new agreement’.

Charles Hector is also of the opinion that once the workers are supplied to the company, then an employment relationship arises…between the workers and the company…A company must be responsible for all workers that work in their factory.

·                     Sadly, on 10/6/2011, at about 3.30am, Simon Fernandez (a.k.a. C.S. Fernandez), the father of Charles Hector Fernandez suddenly passed away. Deepest condolence to Charles Hector & family.

The court has fixed 27/6/2011(Monday) as the date for her decision on the stay application of Charles Hector & 31 Burmese workers

MALAYSIA: Human Rights Defender’s Case Update -24/6/2011

Asahi Kosei Sdn Bhd –V- Charles Hector Fernandez(Case No: 22 NCVC – 173 – 2011) is before Judge Lim Yee Lan at the Shah Alam, Selangor, Malaysia NCVC Court at the Shah Alam Court Complex

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 and Freeda Santhiago

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

* Charles Hector was also present

This was the hearing of Charles Hector’s application for a stay of proceedings at the High Court until after the appeal to the Court of Appeal against the decision of the High Court’s judge refusing Charles Hector’s application to join the said 31 Burmese migrant worker on 10/6/2011. The appeal to the Court of Appeal was filed on 16/6/2011, and the stay application was filed on 20/6/2011. On 20/6/2011(Monday), there was a case management before the judge, and this is when she fixed the hearing date for the stay on 24/6/2011(Friday).

The judge first called all counsels into her chambers, and after some time came out in court for the hearing of this stay application. Again,  the court was cleared of all others who were present by the court, who interestingly was interested to know whether there was anyone from the embassies, but even the Danish embassy rep, also appearing for the European Union was asked to leave the court before the hearing proceeded.

After the hearing, the court has now fixed 27/6/2011(Monday) as the date for her decision on the stay application. Note the trial dates is still on 28/6/2011(Tuesday) and 29/6/2011(Wednesday).

Notes:-

Charles Hector applied to court to join the said 31 migrant workers as parties in the suit, as the said workers were the victims of the human rights highlighted, the source of information highlighted, and certainly persons “whose presence before the Court is necessary to ensure that all matters in dispute in the cause or matter may be effectually and completely determined and adjudicated upon”. These workers, after being joined as parties, would also have the right put in claims who is the real employer, and the obligations that Asahi Kosei has towards these workers against Asahi Kosei. One of the key issues that the court will have decide on is the question of.

If the High Court refuses the stay application, Charles Hector has the right to make a stay application to the Court of Appeal where the appeal is pending. Malaysian court rules state that the stay application must first be made to the High Court.

If stay is not granted, and the court proceeds with the trial, Charles Hector’s appeal to the Court of Appeal will be rendered nugatory (useless) for even if the Court orders that the 31 workers to be joined as parties, the trial may have started or even over by then. This is why we hope the High Court will grant the stay application on Monday.

Asahi Kosei’s lawyers have apparently told the court that 26 of the said workers are back working at the factory, and that their work permits have all been extended but the facts is that 5 workers, including the 2 who they tried to send back to Burma on 7/2/2011, and 2 others who lodged complaints at the Human Rights Commission and Labour Department, that they subsequently took away for processing to be send back to Burma are not amongst the 26. If they are made parties to the suit, then they will also NOT have a clear legitimate right and reason to remain in Malaysia, not to be sent back to Burma or have their permits cancelled or not renewed. If their permits expire and/or is cancelled, these migrant workers will then become undocumented, or what the government calls ‘illegal migrants’, and they can at anytime be arrested, detained, charged, convicted, sentenced (even whipped) and/or deported. Hence, Charles Hector’s defence may be highly prejudiced if these workers are not joined as parties, and the court does not grant a stay on Monday (27/6/2011) for him to effectually pursue his right of appeal to the Court of Appeal. Without the actual victims and these primary sources of information, Charles Hector will suffer great prejudice and may not get a fair trial.

Appreciation for the solidarity and presence of civil society representatives and a representative of the Danish embassy, who also came on behalf of the European Union on 24/6/2011.

Next date: 27/6/2011(Court will give decision on stay application)

[Trial dates are still fixed for – 28 and 29 June 2011)

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

11/4/2011 – Court allows company’s application for interlocutory injunctions until end of trial, but narrowed it to just the said 31 named migrant workers, and prohibiting Charles Hector from communicating vide blog (http://charleshector.blogspot.com/) and twitting, and dismissed Charles Hector’s application to set aside judgment of 17/2/2011, ordering cost to be cost in the cost for the said 2 applications, and also with regard the order of 17/2/2011.

25/5/2011 – Hearing of Charles Hector’s application to join the 31 workers as parties in the suit

10/6/2011 – Court dismisses Charles Hector’s application to join the 31

16/6/2011 – Charles Hector appeals to the Court of Appeal with regard 10/6 decision

20/6/2011 – Charles Hector files stay of proceeding pending appeal application

24/6/2011 – Court hears the application for stay of proceedings

Charles Hector, Human Rights Defender, Activist, Lawyer & Blogger is being sued by the company for defamation for raising information of human rights and worker rights violations of workers working in the said company on his Blog. Information circulated came from the 31 migrant workers from Burma. Before any posting, an email was sent to Asahi Kosei for their response, which contained also these words, “If there are anything that you would like to correct, kindly revert to me immediately. …An urgent response would be appreciated. Failing to hear from you, I would take it that the allegations of the workers are true.”. The company did not respond, and subsequently commenced a legal suit 6 days later.

The company’s main argument is that these are not their workers, but are workers supplied by an ‘outsourcing agent’. The company says that these workers are not on their ‘direct payroll’ …salaries are paid to the agent, hence they are not responsible for these workers, and for what happened. The company claims no knowledge of any termination or attempted deportation….or any ‘new agreement’.

Charles Hector is also of the opinion that once the workers are supplied to the company, then an employment relationship arises…between the workers and the company…A company must be responsible for all workers that work in their factory.

·                     Sadly, on 10/6/2011, at about 3.30am, Simon Fernandez (a.k.a. C.S. Fernandez), the father of Charles Hector Fernandez suddenly passed away. Deepest condolence to Charles Hector & family.

Human Rights Defenders: An appeal to the Court of Appeal dated 16/6/2011 to join 31 workers as parties have been filed

Asahi Kosei Sdn Bhd –V- Charles Hector Fernandez(Case No: 22 NCVC – 173 – 2011) is before Judge Lim Yee Lan at the Shah Alam, Selangor, Malaysia NCVC Court at the Shah Alam Court Complex 

An appeal to the Court of Appeal dated 16/6/2011 have been filed with regard the High Court’s decision on 10/6/2011 to dismiss the application of Charles Hector to join the said 31 Burmese migrant workers as parties in the suit. 

The victims are these 31 workers. The source of information is the 31 workers. The subject matter of all the said blog postings is what happened to these 31 workers. The issues before the court are about these workers’ rights – Employer’s duties and obligation to workers? Even if not employer, Asahi Kosei’s obligations and duties towards these 31 workers that worked for them? Given the fact that they are all migrant workers, so easily can their work passes be cancelled, and they risk being send off to Burma before the complaints and claims to rights is heard and disposed off. As it is working in Asahi Kosei now is only 26 of the 31 workers.

Charles Hector have filed an application for a stay of proceedings in the High Court until after the appeal to the Court of Appeal is heard and disposed off. The Judge, on 20/6/2011, a date fixed for case management has now fixed the hearing date for this stay application on 24/6/2011(Friday) at 9.00am.

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

11/4/2011 – Court allows company’s application for interlocutory injunctions until end of trial, but narrowed it to just the said 31 named migrant workers, and prohibiting Charles Hector from communicating vide blog (http://charleshector.blogspot.com/) and twitting, and dismissed Charles Hector’s application to set aside judgment of 17/2/2011, ordering cost to be cost in the cost for the said 2 applications, and also with regard the order of 17/2/2011.

25/5/2011 – Hearing of Charles Hector’s application to join the 31 workers as parties in the suit

10/6/2011 – Court dismisses Charles Hector’s application to join the 31

16/6/2011 – Charles Hector appeals to the Court of Appeal with regard 10/6 decision

20/6/2011 – Charles Hector files stay of proceeding pending appeal application

Next date: 24/6/2011(Hearing date for stay pending appeal application)

[Trial dates that were fixed – 28 and 29 June 2011)

Charles Hector, Human Rights Defender, Activist, Lawyer & Blogger is being sued by the company for defamation for raising information of human rights and worker rights violations of workers working in the said company on his Blog. Information circulated came from the 31 migrant workers from Burma. Before any posting, an email was sent to Asahi Kosei for their response, which contained also these words, “If there are anything that you would like to correct, kindly revert to me immediately. …An urgent response would be appreciated. Failing to hear from you, I would take it that the allegations of the workers are true.”. The company did not respond, and subsequently commenced a legal suit 6 days later.

The company’s main argument is that these are not their workers, but are workers supplied by an ‘outsourcing agent’. The company says that these workers are not on their ‘direct payroll’ …salaries are paid to the agent, hence they are not responsible for these workers, and for what happened. The company claims no knowledge of any termination or attempted deportation….or any ‘new agreement’.

Charles Hector is also of the opinion that once the workers are supplied to the company, then an employment relationship arises…between the workers and the company…A company must be responsible for all workers that work in their factory.

Sadly, on 10/6/2011, at about 3.30am, Simon Fernandez (a.k.a. C.S. Fernandez), the father of Charles Hector Fernandez suddenly passed away. Deepest condolence to Charles Hector & family