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Sunday, September 05, 2004

All the Anwar News

::Anwar was freed by the Federal Court after winning a 2:1 majority decision to overturn his sodomy conviction. Within a short period of time Anwar was a local media celebrity, within a couple of days, there were more news items on Anwar than there were during the 6 years he was detained, barring all those juicy, irrelevant items which were reported with relish by the local news media during his trials. What a change, big big photos of him and Wan Azizah were carried in all the local papers and television stations where previously one would have have to be most observant in order to get a glimpse of them.
Within hours, there were all sorts of speculations. Was there a deal, would Anwar be rejoining UMNO, was Anwar as unhealthy as claimed by his family members and lawyers, would Anwar continue reformasi and resurrect his political career, why the Saudi involvement, would Pak Lah be congratulating him on his release and some were ready to divine Anwar's future and so on and so forth. Of course there were the rumours that his supporters would be celebrating his freedom big time with demonstrations. There were the usual warnings to respect the law by none other than Najib and even Pak Lah. But calm prevails said Bukit Aman Internal Security and Public Order Deputy Director Datuk Arthur Edmonds on Friday after Anwar's release.
After having been away from family and friends for some 6 years, it was obvious that Anwar would have to be keep on his toes or rather up in his wheelchair by endless streams of friends, wellwishers and supporters. Some came streaming through the front door while one notable was said to have been ushered through the kitchen door. The crowds would tend to indicate that "irrelevant Anwar" was not really "irrelevant". Those, who for reasons better known to themselves, feared being seen at Anwar's side physically made good use of their phones. But some notables were said to have been turned away at the door.
Many print news media chieftains hailed the act of the judiciary in freeing Anwar as the closure to one of the most trying times in Malaysian political history and as a time for national reconciliation. Will it be so, should it be so? Many people would like to see this happen but there is this one person who might not as he reportedly said :: "I still believe Anwar is guilty". Whatever, the majority seems to be happy with the judicial decision.
And what of this judicial decision, as Justice Abdul Hamid has said "read the judgement in full before commenting" (or something to that effect). It will have to be pointed out that the judgement does say in summary (this is something freed Anwar and also Sukma will have to live?) ::

To summarise our judgment, even though reading the appeal record, we find evidence to confirm that the appellants were involved in homosexual activities and we are more inclined to believe that the alleged incident at Tivoli Villa did happen, sometime, this court, as a court of law, may only convict the appellants if the prosecution has successfully proved the alleged offences as stated in the charges, beyond reasonable doubt, on admissible evidence and in accordance with established principles of law. We may be convinced in our minds of the guilt or innocence of the appellants but our decision must only be based on the evidence adduced and nothing else. In this case Azizan's evidence on the "date" of the incident is doubtful as he had given three different "dates" in three different years, the first two covering a period of one month each and the last covering a period of three months. He being the only source for the "date", his inconsistency, contradiction and demeanor when giving evidence on the issue does not make him a reliable source, as such, an essential part of the offence has not been proved by the prosecution. We also find the second appellant's confession not admissible as it appears not to have been made voluntarily. Even if admissible the confession would not support the "date" of the commission of the offences charged. We have also found Azizan to be an accomplice. Therefore corroborative evidence of a convincing, cogent and irresistable character is required. While the testimonies of Dr. Mohd. Fadzil and Tun Haniff and the conduct of the first appellant confirm the appellants' involvement in homosexual activities, such evidence does not corroborate Azizan's story that he was sodomised by both the appellants at the place, time and date specified in the charge. In the absence of any corroborative evidence it is unsafe to convict the appellants on the evidence of an accomplice alone unless his evidence is unusually convincing or for some reason is of special weight which we find it is not. Furthermore, the offence being a sexual offence, in the circumstances that we have mentioned, it is also unsafe to convict on the evidence of Azizan alone.

For all the above reasons, we are not prepared to uphold the conviction. Since the applicbale law in this case requires that the prosecution must prove its case beyond reasonable doubt before the defence may be called, the burden being the same as is required to convict the appellants at the end of the case for the defence, we are of the view that the High Court has misdirected itself in calling for the appellants to enter their defence. They should have been acquitted at the end of the case for the prosecution.

This has been pointed out by none other than the NST chieftain, one Kalimullah Hassan, in his Sunday Column today. The point he wants to make is pretty clear but why he has accompanied his column with a photo showing Anwar (without his cervical collar) and Wan Azizah is not so clear. All recent photos of Anwar after his release have shown him wearing his cervical collar. Is this a recent or file photo of Anwar? What's the message?
A staunch Anwar supporter, RPK of Freeanwar.com and now Malaysia-Today.net fame has this explanation for 'Anwar guilty' portion of the judgement. Those who believe in 'conspiracy theories and 'concocted deals' should read it.
Anwar has taken the right first step after his release, having spent valuable and presumably quality time with his family members, who must have missed him plenty, he has gone on to Munich to seek treatment. Most would wish him a safe operation and a speedy recovery.
After that what next for Anwar? If i were Anwar, i would just sit back and enjoy my family and make up for those missing 6 years and let Malaysia take care of herself. During the past 6 years, if i were Anwar, i would have spent enough time reflecting on Malaysia and on what Malaysians really want and would have realised that Malaysia and Malaysians can take care of themselves and what they presently have is what most Malaysians want, so be it. But then again senile-old me is a nobody but a dreamer and more importantly i am not Anwar Ibrahim.

P/S More interesting news items regarding DSAI after his release can be found here and here and this :: Anwarrior Ibrahim: Rebel with a Cause, enjoy or whatever.

| ¶ 9/05/2004 10:17:00 PM

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