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Thursday, 22-Jan-2004 9:26 AM Justice ravaged P Ramakrishnan The Anwar Ibrahim case has been a protracted one marked by undue delays and dishonourable tactics that have ravaged justice. Ordinary people are justly aghast with disbelief that the justice system could be so trampled upon that it no longer commands any respect or reflects any confidence that justice will be done without fear or favour. What we have witnessed today only seems to confirm that the rot in the system has seeped in too deeply that facts no longer matter when dispensing justice. The Court of Appeal's decision to dismiss Anwar's applications for bail and for review of his sodomy conviction hardly came as a surprise and baffled thinking Malaysians. The question of alibi was central to his appeal and therefore it was crucial evidence in establishing his innocence. But the Court paid scant respect to this fact. The episode surrounding the filing of the notice of alibi really stinks. It reeks with so much injustice that it is really revolting to the conscience of any sane person. The question uppermost in most minds is whether this alibi was filed or not. Anwar's counsel Karpal Singh insisted that he had tendered the copies through the court officer during the main appeal in April. But the deputy registrar, Hasnah Hashim, countered by claiming that the records showed no trace of the document. A visibly upset Anwar could hardly contain himself when he retorted, "My God! What is this? I myself saw my lawyers handing them in court! More than 30 witnesses saw the whole thing. How can the court deny it?" Karpal was even more forceful when he stated, "Īn the name of God, I had even submitted copies to your Lordships!" This claim was corroborated by the prosecution in an affidavit-in-reply filed by DPP Tun Majid Tun Hamzah, who acknowledged service of the notice. In trying desperately to nail down this fact, Karpal maintained, "This is a very serious matter. I had the impression that Your Lordships were denying receiving copies of the notice (even though) I did submit them. Can you confirm now that I did give them to the court? If what I am saying is wrong, then I risk being struck off the Bar rolls." But His Lordship, Pajan Singh replied, "We are not here to answer your questions." Is justice turning a deaf ear? Later on 20 January, Karpal further pressed this issue by pointedly asking, "Īs Your Lordship denying that you had been informed of this matter (alibi notice)?" His Lordship replied, "We have no recollection of it." It is this controversy that we find disturbing because justice is being aborted by denial of facts. How does one get to the truth if all avenues are blocked? The sensible thing seems to be to ask for the notes of the judges to ascertain whether the issue of alibi was ever raised. But this was refused on the grounds that they are not public documents and that there were no laws to compel them to do so. While that may be true, it is equally true that there are no laws specifically restraining them from making such notes available. The fact remains that these notes could have been made available to establish the truth to right a wrong and to ensure that justice is done. But that doesn't seem to be the business of the Court. There is yet another compelling reason. By making these notes available to the defence, the Court would have dispelled once and for all whatever doubts that persisted and indeed, it would have confirmed the facts of the matter. By refusing to yield to this reasonable request, the Court has only strengthened the suspicion that a wrong is being covered up and, in the process, it has destroyed our confidence in the justice system. It was William Cohen who observed, "The appearance of justice is just as important as justice itself in terms of maintaining public confidence in our judicial system." Even this appearance of justice, unfortunately, has been destroyed without a thought. Anwar has been denied justice. There is no doubt about it. The judiciary is no longer the foundation of justice. Let us always remember what Eramus Darwin once said, "He who allows oppression shares the crime."
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