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Friday, 07-May-2004 6:25 PM Tian Chua's Press Statement on Anwar Ibrahim Federal Court Appeal On May 10 2004, next Monday, Anwar Ibrahim will appear in the Federal Court for his final appeal against a charge of sodomy. The Federal Court appeal represents the final episode of this legal saga. In other words, Anwar has exhausted all legal process for his release. If the court reaffirms the original conviction, Anwar will have to continue to serve his 15-year jail sentence. In addition, his application for bail will also be quashed. This would mean that Anwar continues to be prevented from receiving much needed medical treatment overseas. The recurring bail rejections appear to have been premeditated. The conclusion of the case will most likely lead to his continuous detention until at least 2009. It seems that the authorities believe that banishing him from the public eye will effectively erase Anwar from the collective memory of the Malaysian people. Such wishful thinking will continue to be proven wrong. Even if Anwar were totally blacked out from the local mass media, he would continue to be the focus of international concern. As it currently stands, the hearing on May 10 has attracted immense worldwide attention. To date, several prominent personalities representing various international organizations have confirmed their presence to observe the proceedings. Among them include: Marzuki Darusman for IPU, Fernando for IBA, Rajiv Dhavan for ICJ, Mark Trowell QC for the Australian Bar and the Western Australian Criminal Bar. Even the UN Secretary-General Kofi Anan has sent a message to express his "grave concern over the conditions of Anwar's health". Apart from that, various government leaders and international bodies have voiced their concern and solidarity. The case has received such intense international attention not only because it involves a prominent political leader. The international community also takes the verdict of the Federal Court as an indicator of the legitimacy of the Malaysian judiciary system. In fact, the hearing is no longer merely about Anwar Ibrahim being put to trial. It now represents a testing ground for Abdullah Badawi's new-style leadership. The world has witnessed how the previous Prime Minister systematically wrecked the independence, credibility and integrity of the Malaysian courts, leaving in no doubt the fact that Anwar is a political prisoner. This has been unanimously recognized both locally and internationally. His court appearance recaps shocking images of state violence in Malaysia. His dismissal from office, and subsequent arrest and imprisonment, exposed the abuses and brutality of a corrupted power, which ruthlessly employed all public institutions from the police to the court to defend a crony and nepotistic economy. Hence the onus is now on the new Prime Minister to prove his commitment to change. The transition from Dr Mahathir to Abdullah Badawi reflects the wish of the populace for reforms. BN's victory in the recent general elections does not equate to a mere endorsement of Abdullah Badawi's leadership, nor does it give an unconditional mandate to the BN government to continue its political control of the judiciary. The outcome of Anwar's case will be the litmus test of the independence and competence of the Malaysian judicial system in the Abdullah Badawi era. Unfortunately our observations so far have found no indication of the Prime Minister's readiness to change. As far as the judiciary is concerned, Abdullah Badawi is plainly maintaining the status quo of Dr Mahathir's authoritarian political culture. The latest information we received has alerted us to the dubious process involved in the selection of the panel of judges to hear Anwar's appeal. Trusted sources reveal that 3 judges who are relatively junior have been assigned to hear the May 10 appeal. It is odd that such an important and high profile case is to be determined only by a 3-person bench, in spite of the defense lawyer having requested a full bench hearing. We have been informed that judges assigned to hear the final appeal are: Abdul Hamid Mohamad, Tengku Baharuddin and Rahma Hussein. It seems that the same pattern of manipulation of the judiciary has persisted throughout all levels of the Anwar trial. The selection of judges has been highly politicized. Junior and inexperienced judges were selected and promoted not based on merit, but rather their willingness to comply with political instructions. We hereby challenge the competency of the selected judges to hear the appeal. It is unacceptable that not even a more senior Federal Court judge was included. We are informed that all 3 have only been appointed Federal Court Judges for less than a year. For example, Rahmah Hussein was only appointed to the Court of Appeal last year, but within 6 months was promoted to the Federal Court; while Tengku Baharuddin is a judge in the Court of Appeal and has only been co-opted to the Federal Court recently. Abdullah Badawi has presented himself as a reformer and promised to bring about changes in our country's corrupted political system. Despite this he appears to be quite determined to preserve Dr Mahathir's legacy of blatant intervention in the judicial process. The judiciary represents the main pillar of democracy. Public and international confidence in the Malaysian judiciary is reflected in all other aspects of social and economic development. If the new Prime Minister fails to act with integrity and a genuine hands-off difference of approach, the high expectations of the general public towards him will fast dissipate into disappointment. He will also signal to the world that the hope for reforms and the recreation of an independent judiciary in Malaysia has once again been sacrificed to political greed and self-preservation. Tian Chua Vice-President of People's Justice Party
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