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Anwar: Freedom denied
again
By Anil Netto
PENANG,
Malaysia - Jailed former deputy premier Anwar Ibrahim's
hopes of freedom are fading after Malaysia's Court of
Appeal rejected his bid to overturn his conviction for
sodomy. The verdict, upholding a nine-year jail term
that began on Monday, means that Anwar, who was once
heir apparent to Prime Minister Mahathir Mohamad, could
be behind bars until 2009 (after a customary one-third
remission for good behavior).
Although he is
likely to appeal to the Federal Court, few independent
observers are optimistic about his prospects given
previous decisions in the trial process. The court on
Friday also turned down an application for him to be
released on bail pending the final outcome of the appeal
process. His co-accused and adopted brother, Sukma
Darmawan Sasmitaat Madja, also had his bail revoked.
But Anwar's lawyers are likely to press for a
fresh bail application for their client.
The
court's decision comes at a time when Deputy Premier
Abdullah Badawi is set to take over from Mahathir when
the premier steps down in October. Mahathir, 77, is
currently on a two-month vacation and is believed to be
abroad.
The three-member panel of judges took
only a few minutes to read out its judgment, merely
citing what had transpired during the nine-day appeal
hearing and then saying that the prosecution had
successfully proven its case.
The defense
immediately requested a stay of sentence pending appeal
to the Federal Court, the highest court in the land, and
to allow bail to be considered.
A crowd of some
300 people that had gathered outside court, under the
watchful eyes of police, greeted the decision with
dismay and chanted "reformasi" - the old rallying
cry of the reform movement, which was unleashed when
Anwar was ousted from government in September 1998. The
movement, among other things, has called for an end to
repressive laws, cronyism and corruption.
Since
2001, however, reformasi's initial burst of
dynamism has waned after a ban on public rallies and the
ongoing detention of key political activists.
Differences among opposition parties over the
Islamic-state issue, and a changed global environment
since September 11, 2001, have also contributed to its
mixed fortunes.
The mainstream media meanwhile
have largely ignored Anwar and many were unaware that
the decision on his appeal was due to be delivered on
Friday.
Anwar, 56, had just finished serving a
six-year jail term for abuse of power on Monday.
Activists in the Free Anwar Campaign had hoped Anwar
would have been released on bail this week, pending his
appeal against the subsequent nine-year jail term for
sodomy.
Anwar was arrested on September 20,
1998, after a spectacular falling-out with his onetime
mentor, Mahathir, at the height of the Asian economic
crisis in 1997-98. He was initially held without charge
under the Internal Security Act, and beaten senseless in
police custody by the country's then top police officer.
He was later charged with abuse of power (for allegedly
using his office to interfere with police investigations
into his alleged sexual offenses) and sodomy.
The latest court decision is unlikely to enhance
the public perception of the judiciary, which took a
battering during the Anwar trials in the High Court in
1999 and 2000.
The judiciary bore the brunt of
criticism immediately after the latest verdict was
announced on Friday.
Anwar's wife, Wan Azizah,
addressing the crowd outside court, described the trial
as a "political case" and said that Anwar had criticized
the judges as "spineless".
Amnesty
International, which attended Anwar Ibrahim's original
trial, said its concerns with the criminal prosecution
included the series of amendments to the charges related
to the dates of the alleged offenses and rulings
relating to the introduction of evidence and calling of
witnesses. It noted that statements by Mahathir
undermined the presumption of innocence of the accused.
Human-rights group Aliran said: "There is
definitely shock because many people find it difficult
to accept the fact that the court could ignore so much
overwhelming evidence adduced so forcefully to demolish
the flimsy, concocted and controversial evidence that
convicted Anwar."
In the course of the trial,
the group said "overwhelming evidence of unfairness and
bias" was adduced to support Anwar's appeal. It also
observed that the prosecution's star witness had
"stumbled and fumbled while contradicting himself" when
testifying.
Meanwhile, Anwar's National Justice
Party (Keadilan), led by his wife Azizah, is in the
process of merging with the smaller left-leaning
multi-ethnic Malaysian People's Party (PRM) to form the
Malaysian People's Justice Party. Party leaders are
hoping that it will create a third force in Malaysian
politics to rival Mahathir's United Malays National
Organization (UMNO) and the opposition Islamic Party
(PAS).
Though Anwar remains largely out of view
and his star appears to have faded somewhat, all that
could change suddenly if he is unexpectedly freed. Both
Anwar and Abdullah Badawi, the man who succeeded him as
deputy premier, have been traditional rivals. A free
Anwar, mobilizing crowds across the country, could have
posed a serious threat to the largely untested Abdullah.
Despite being hidden from the public view and
sidelined by the media, the prisoner in Sungai Buloh
prison in Kuala Lumpur cannot be ignored in any
discussion on national politics. The Malay ground is
still deeply divided over the treatment he received at
the hands of the authorities and it is unlikely that the
stigma from his court convictions has stuck. But the
state of his personal health remains a major concern for
those close to him.
The slowing economy,
factionalism within the main ruling coalition parties
and the United States' growing presence in the Southeast
Asian region will test Abdullah's leadership skills to
the hilt. But with Anwar still behind bars, Abdullah may
be spared the worry of having to confront his longtime
rival come the next general election due by the end of
next year. Nonetheless, the specter of Anwar behind bars
will continue to loom over the collective national
psyche, and UMNO in particular, as it has done for the
past five years.
(©2003 Asia Times Online Co,
Ltd. All rights reserved. Please contact content@atimes.com
for information on our sales and syndication policies.)
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