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Sunday, 13-Jul-2003 7:35 PM
My struggle is with the
people: Anwar
On Saturday,
5 July 2003, FAC News asked, “Will Anwar be granted bail?” If anyone had
asked me that question in May, I would have replied, “Absolutely
100% no!” Then, in June, my opinion changed. If you asked me that
same question in June, I would have replied, “I don’t know. I would
give it a 50-50 chance.” I would not dare say either way whether
Anwar would or would not be granted bail over these next two weeks
or so.
And this is the reason why.
In June, the Reformasi Six
were released from Internal Security Act (ISA) detention and National
Justice Party Youth Leader, Ezam Mohd Noor, one of the Reformasi
Six, who was simultaneously serving a 24-month sentence for an offence
under the Official Secrets Act (OSA), was granted bail pending his
appeal against the conviction.
It was not so much the release
of the six that changed my mind but the circumstances of their release
and the behind the scenes goings-on.
The release of the six was
an eleventh hour decision. Up to 24 hours before their release,
the decision of the Ministry of Home Affairs was to roll-over their
ISA detention another two years. The six had prepared themselves
for this, and so had their families. Hishamuddin Rais even told
his brother, Nordin, to send up some new clothes as he did not expect
to be home for some time to come.
According to what we were told,
even the police were taken by surprise. If the Home Ministry and
police were both caught off guard, who then made the decision to
release the six? No less than the Prime Minister Dr Mahathir Mohamad
himself, say our sources.
According to what we were told,
the Deputy Prime Minister, Abdullah Ahmad Badawi, who was on holiday
in Australia rushed back and instructed the Secretary-General of
the Home Ministry to meet him at the airport. Abdullah pulled the
Sec-Gen aside and there was a heated exchange of words. Abdullah
was terribly unhappy about the whole thing.
“How can you release them now
with the elections just around the corner,” Abdullah was reported
to have said. “Even if they are to be released, it should be conditional
and not unconditional.”
The Reformasi Six
were released unconditionally, something that is never done. Normally,
for at least a few months or a year, the ex-ISA detainees would
be confined to a certain district, may not leave their homes from
dusk to dawn, may not attend or address political rallies (ceramah),
may not get involved in any political activities, or hold office
in any political party. This is what happened to Dr Badrulamin Bahron
when he was released the first time. He was, in fact, rearrested
for breaching one of the terms of his release – he read a prayer
(doa) at an art exhibition, which
was interpreted as addressing a rally.
Someone wrote to Malaysiakini
that, under Dr Mahathir’s rule, no one has ever had their ISA detention
extended beyond the initial two years. This is not true. The Al
Maunah crowd have all had their detentions extended. They are now
serving their third year of detention.
The manner in which Ezam was
granted bail was another strange incident. Neither Ezam nor his
lawyer, Zainur Zakaria,
gave much hope of being granted bail. This feeling was reinforced
the morning of the bail hearing. The bail hearing was heard in the
Shah Alam High Court which is in Selangor State. The Selangor
prosecutor was not going to object to bail but was merely going
to argue on the quantum of bail and the terms, such as Ezam’s international
passport would have to be impounded.
That morning, the Selangor
prosecutor was pulled out and replaced with a Federal Prosecutor
who objected to bail on grounds that Anwar Ibrahim too had been
denied bail – though Ezam’s case had nothing to do with Anwar’s.
Even the judge was taken aback with this argument. In a very brief
oral judgment, the judge said he saw no reason in denying Ezam bail
and the court burst into loud applause much to the chagrin of the
judge.
Clearly the Federal Prosecutor
was unhappy with this decision and soon after that the Chief Prosecutor
wrote to the Chief Justice asking that action be taken against judges
who “do not toe the line”.
Strangely, Ezam’s international
passport was not impounded and soon after that he made a trip to
Thailand
for a meeting with internal human rights representatives. Normally,
when one is on bail, this would not be possible.
All these incidences gave the
impression that there was some sort of tug-of-war going on between
two powerful forces and one seemed to be getting his way. The question
is, who was this tug-of-war between and who was it that was winning?
In Ezam’s first public address
after his release, he revealed that certain people in Umno had approached
him in Kajang Prison to invite him back to Umno. Ezam said they
had rushed through his OSA case and secured a conviction so that
they could pull him out of the Kamunting Detention Camp and send
him to Kajang. The purpose, said Ezam, was to separate him from
the rest. Once they got him alone, Umno made its approach.
Ezam, however, turned them
down. Some say the Umno delegation was almost in tears as they begged
Ezam to abandon the opposition and rejoin Umno. Nevertheless, Ezam
was released and was granted bail in the process.
Then, a couple a days later,
at a press conference during the Umno General Assembly, Dr Mahathir
said he saw no problems for Anwar rejoining Umno but he would leave
it to the future leadership of Umno to make this decision. Anwar,
however, would have to serve the party and not serve his personal
interest if he is accepted back in Umno.
The gall of the Prime Minister!
Should it not be Anwar who decides whether he wants to rejoin Umno
rather than Umno stipulate conditions on his rejoining Umno? After
all, it is Umno that wants him back and not he
who wants back in Umno.
Not long after that, the “Kingmaker”
of Selangor, Muhammad Mohd Taib, said that Umno is prepared to accept
Ezam back into Umno and that there would be no conditions attached.
Does this mean, going by what Dr Mahathir said about Anwar’s “terms”
for rejoining Umno, Ezam can rejoin Umno even if he does not want
to serve the party but serves his personal interest?
Something else very puzzling
that happened, which has gone unreported, is State Assemblyman Azmin
Ali’s appeal against his perjury conviction. Azmin was found guilty
of perjury and sentence to 18 months jail some time ago. When his
case came up in June, it had to be postponed because the prosecution
had “misplaced” a very important document. Without this document,
there would be no way the case could go on.
Now it is beginning to make
sense. The unexpected release of the Reformasi Six, Ezam’s bail,
the approach Umno made to Ezam, Dr Mahathir’s “offer” to Anwar,
Muhammad Taib’s “offer” to Ezam, and Azmin’s
adjourned case – these are all linked. It appears like Umno is trying
to entice Anwar and his two closest aides, Ezam and Azmin, into
rejoining Umno and it is showing “good faith”.
Now it is Anwar’s turn to “show
good faith”. Tomorrow, 14 July 2003, the Court of Appeal will be
hearing Anwar’s bail application. The hearing may take two or three
days after which the court would probably adjourn and deliver its
verdict the following week. If there are signs Anwar, Ezam and Azmin
may rejoin Umno, then Anwar may be granted bail and he would be
able to go home. After that there would still be his appeal against
his sodomy conviction and nine-year sentence at the Federal Court.
Anwar would probably win this too, if he goes back to Umno.
But, sadly, this will not happen.
On Tuesday, 15 July 2003, Seruan Keadilan, the official newspaper of the National Justice Party,
will be carrying Anwar’s statement quoting him as saying his struggle
is with the people and that he would not desert them by rejoining
Umno.
Umno’s hopes of the trio rejoining it, probably resulting in an exodus of
supporters following them, has been dashed. Umno extended the olive
branch but Anwar has turned it down. There is nothing more deadly
than the wrath of a scorned “lover”, and Umno will certainly retaliate
in a most deadly manner.
Now that Anwar has made it
clear and official - he is not rejoining Umno - one can expect that
his bail will be denied. Anwar will have to remain in jail while
he appeals against his conviction and, when that appeal hearing
comes up, whenever that will be, he would lose that too. Then, later
this month, they will suddenly find that very important “missing”
document and Azmin’s appeal hearing will proceed, which he would
lose and then be sent to jail for 18 months.
Soon after that, Ezam too will
face the Court of Appeal, which will uphold his guilty verdict.
Ezam’s bail will then be revoked and he will be sent back to prison
to start his 24-month sentence all over again. The ten months he
has already served would not be taken into consideration and he
would lose this time he has spent in prison.
Anwar, Ezam and Azmin were
given their chances. Umno allowed everything to go their way to
help “convince” them there was all the reason to rejoin Umno. But
now that they have declared “no deal”, they shall have to pay the
price of their “foolishness”.
Things had been going well
for Ezam and Azmin the last couple of weeks and it would have been
the same for Anwar the next week or so. But now we can expect the
situation to reverse, starting with Anwar being denied bail. Anwar,
Ezam and Azmin are holding fast to their principles and the price
they will pay for this “foolhardiness” is a stretch in prison.
Today, if you asked me that
same question, “Will Anwar be granted bail?”
I would have to reply, “Absolutely 100% no!”
Raja Petra Kamarudin
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