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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