|
Wednesday, 11-Jun-2003 11:11 AM
Ezam Mohd Nor:
Firebrand, politician, statesman
National Justice Party Youth
Leader Ezam Mohd Nor walked out of the
Kajang Prison at 5.00pm
on 10
June 2003 after 791 days of incarceration.
484 days of that was spent as an Internal Security Act (ISA) detainee
and the balance 307 days serving his two-year sentence after his
7 August 2002 conviction for breaching the Official Secrets Act (OSA). At that precise
moment, his boss, Datuk Seri Anwar Ibrahim, was counting his 1,724th
day behind bars.
For those who have never seen
a day behind the concrete walls of a prison or the barbed wire fences
of a political detention centre, rest assured the smell of freedom
is a sweet smell indeed. To any normal person like you and me, we
would count our blessings and enjoy our long-awaited freedom. We
ached to be with the ones we love and miss so much. Many of us would
prostrate and kiss the ground outside the prison walls as a gesture
of thanks to the Lord.

Many a released detainee would
be happy just being free. They would withdraw into the little corner
of their home and tell the world to go be damned. When
you cheer, the whole world cheers with you. When you cry,
you cry alone. And your incarceration would teach you this reality
of life.
They always talk about the
suffering and sacrifice a political detainee has to go through.
A detainee’s suffering and sacrifice is nothing compared to that
of the families they leave behind. One would expect Ezam would have
had enough by now. You would expect that his 791 days of pain was
enough for one man to endure. You would expect that his family would
by now have asked him to give everything up and let someone else
continue where he left off.
Ezam, after all, has done his
bit for society. Ezam has fulfilled more than his share for the
future of Malaysia.
Let others now pay that price. Fine, Ezam feels he must do his duty
to God and country, but no one expects him to carry the entire sins
of the nation on his shoulders alone.
But this is Ezam. He is not
concerned with his 791 days of incarceration and separation. He
is not concerned that his troubles are not over yet and he may still
go back to prison in the very near future if he loses his appeal
against his OSA conviction. Then there are still the numerous “rioting”
and “illegal assembly” charges awaiting him that will add to his
days in prison. What Ezam is concerned with is the 1,724 days that
Anwar has spent behind the high walls of the Sungai Buloh Prison
and the thousands more he would have to spend there before he walks
out a free man again.
Ezam reminds me of the weeping
mother during the time of Prophet Muhammad after she had lost all
her sons to the war. When the Prophet tried to console her thinking
she was weeping the loss of all her sons, she told the Prophet she
was weeping the fact she had no more sons to sacrifice for Islam.
She was not worried about herself. She was not even worried about
her sons for, as a Muslim, she believed her sons would have their
place in heaven beside the Prophet. She was concerned about continuing
the cause.
And this is Ezam. Freedom,
what would be sweet to us lesser mortals, is mere bitter-sweet to
Ezam. And the bitter portion is the fact that Anwar is still behind
bars. And his family knows this. And they love him for it. Though
whatever Ezam does now may jeopardise his freedom and result in
him being sent back to jail, the family is prepared to face that
possibility.
The first thing that Ezam said
when he walked free on 10 June was, “Now that I am free, we can
focus on getting Anwar Ibrahim out of prison.” He was not thinking
about spending time with his family. He was not concerned with the
many trials and tribulations that still lie ahead of him. He did
not care he would probably go back to jail and spend many more years
behind the prison walls. He was only thinking of one thing, how
to free Anwar Ibrahim.
Does he not love his family?
He certainly does. Does he not love his freedom? Who doesn’t? (Even
caged animals long for freedom). Has he not sacrificed enough? He
has done more than ten of us put together - and he will be sacrificing
more in time to come as his other “crimes” catch up with him when
the many trials that await him wind up, one-by-one. Then what is
it that makes him tick?
It is love that makes him tick.
He loves his family, and he wants a better future for his growing
children, in a Malaysia
that is truly free and democratic, where people no longer need to
live under the spectre of detention without trial and be haunted
by racial strife.
He wants justice and equality
for all Malaysians where the colour of your skin no longer determines
whether you are first-class, second-class, or third-class citizens.
He wants an absolutely independent
judiciary system, free of executive manipulation, where the courts
can, again, be that last bastion of justice and Malaysians can seek
recourse.
He wants an Anti-Corruption
Agency (ACA) answerable only to Parliament, where no one, however
high office he may hold, will be exempt from being brought to book
for their excesses, transgressions and indiscretions.
And he wants all this not just
for his family, but for all Malaysians. And his family knows that
he continues to face the risk of losing his freedom because of these
ideals. And they too love him for it, and they are proud of him
for holding these ideals close to his heart.
If Shakespeare were to rewrite
Julius Caesar today, it would read, “It’s not that I love my freedom
less, but I love Malaysia
more.”
It is said that Malaysian Prime
Minister Dr Mahathir Mohamad took one look at his Umno Youth Leader
and sighed. “Why can’t he be even half of Ezam?” he was reported
to have said. It appears, deep in his heart, he may hate Ezam, but
he certainly admires that firebrand’s guts.
If I was Dr Mahathir, I would
have probably put it another way. “Why can’t Hishamuddin be even
half of Azalina?”
On 10 April 2001, Ezam
was arrested and detained under the ISA for what the government
alleges was his involvement in a conspiracy to topple the government
through violent and militant means. He was further alleged to have
conspired to bring in bombs, guns, grenade launchers and Molotov
Cocktails, plus had instigated armed forces personnel to revolt.
Alongside him, nine other National Justice Party leaders and Reformasi
activists were detained; two who are still under detention and should
see freedom tomorrow evening.
The charges were never proven
and even the Federal Court agreed that the detentions were mala
fide, a violation of the Constitution, and that the police had never
supported the charges with any evidence.
484 days into his detention,
Ezam was convicted for an offence under the OSA and, while still
under ISA detention, was sent to the Kajang Prison to simultaneously
serve his two-year jail sentence. Ezam is the first ISA detainee
in history to go to jail with the ISA detention still hanging over
his head.
Ezam’s OSA conviction makes
a mockery of the entire judicial system, if the ISA detentions and
Anwar Ibrahim’s two convictions are themselves not a mockery enough.
Ezam was found guilty for having
in his possession “Official Secrets” documents. What makes these
documents an “official secret” is the rubber stamp on it, not the
contents. Even if the documents had been totally blank, it would
still be an official secret and therefore constitute a crime if
one was in possession of it. Even if it was mere toilet paper, useful
for only wiping the shit of your arse, it would still be a crime
if found in your possession if it had that magic rubber stamp on
it.
In short, never mind what the
document contains, or whether it contained anything at all for that
matter, it is the rubber stamp and not the contents that send you
to jail.
In Ezam’s case, it was photocopies
that he was alleged to have revealed to the world at large that
was his “crime”. The prosecution never proved that these photocopies
were true copies of the originals. The originals or the maker of
the documents were never adduced in court. How can anyone know for
sure then that these photocopies are genuine copies of documents
that actually existed? How can anyone know for sure that the photocopies
were not amended or doctored in any way? If the photocopies are
a far departure from the true originals, how then can Ezam be indicted
or convicted of being in possession of “official secrets” documents?
The prosecution did not dare
produce the originals. The originals would have been very damaging
to the government as it implicated Mahathir’s Ministers in corrupt
practices. Not only that, the recommendation to prosecute the Ministers
involved was supported and endorsed by the Attorney-General, the
same man who was now out to get Ezam.
I suppose, in a country where
the underage girl gets detained, the rapist Minister walks free
for “lack of evidence”, and he (Lim Guan Eng) who revealed the whole
episode gets sent to jail for 18 months, Ezam’s situation is not
surprising at all. Anwar Ibrahim, while still a Minister in Mahathir’s
government, was strongly opposed to this and said so in his meeting
with Malaysian students in London, much to the
chagrin of the Prime Minister who had a soft spot for the rapist
Minister concerned.
Ezam knew the risks he faced
in telling the truth. He could have leaked this information to the
many Webmasters and, in a matter of minutes,
it would have been all over the Internet. Ezam would have achieved
what he set out to do yet still be safe. But Ezam chose to take
responsibility for his actions and face the consequence which he
knew would be severe. Not many would do this.
On his conviction on 7 August 2002, Ezam had this to say to the court.
“Today I am being convicted.
This court has declared me a criminal. If revealing the excesses
and transgressions of corrupt leaders make me a criminal then I
am prepared to be convicted a thousand times over and be declared
a criminal.”
“My only crime is to fulfil
my moral obligation, follow my conscience, demonstrate my abhorrence
of corruption – more so when the acts are blatantly committed with
absolutely no fear of retribution.”
“I am repulsed when I read
the Anti-Corruption Agency reports on the various acts of corruption.
Regretfully, not many have been privy to these reports. Even in
this court, only the investigating officers, the prosecution and
the defence counsel are permitted to view these reports, other than
Your Honour presiding over this case.”
“Are they too not repulsed?
I am certain all those with a soul and conscience would be equally
repulsed.”
“Certainly anyone would feel
disgusted reading a report about a Minister that presides over a
meeting approving millions of Ringgit worth of shares to her own
son-in-law. Even more repulsive is to read the said Minister’s confession
that she chaired the meeting, though she was aware of the criminal
implications, on the instructions of the Prime Minister himself.
The Prime Minister also instructed her to ensure that his own son
would obtain approval for the shares that he, too, had applied for
in that same corporation.”
“The contents of these documents
are so shocking and disgraceful that we may doubt their authenticity.
Yet the present court proceedings confirm that they are indeed authentic,
since they were validated by the Attorney General’s Office for the
purposes of this case against me.”
“The investigation report offers
proof of acts of corruption and abuses of power by the two leaders
concerned; Dato’ Seri Rafidah Aziz and Tan Sri Abdul Rahim Tamby
Chik. In the said investigation report, the Anti-Corruption Agency
had recommended criminal proceedings against both the leaders and,
in the same report, the Attorney General’s
Chambers had supported the recommendation.”
“The question now would be;
how can the individual who revealed the existence of these crimes
face prosecution while the criminals still walk free? And how come
one of those individuals is not only still free, but is also still
a Minister? How can she remain a Minister in that same Ministry
that approved millions of Ringgit worth of shares to her own son-in-law?”
“This can only happen in a
rotten state. He who exposes the corruption and abuse of power is
jailed while the transgressors remain free, remain Ministers, and
the criminal acts go unpunished.”
“We should take cognizance
of an episode a couple of years ago where a certain Deputy Prime
Minister, who was determined to break the network that protected
corruption, personally tabled amendments to the anti-corruption
law in Parliament and consequently was sacked and now languishes
in prison. We must be aware that, in this country, the one who will
be imprisoned is the one who opposes corruption while the corrupt
remains free on condition he or she is a political leader from the
ruling party who sucks up to the boss.”
“On that score we should not
be surprised with today’s judgment.”
“Today I have fulfilled my
moral obligation. As a political leader, I can only fulfil my responsibility
to the people and the nation. As one of God’s creations, I fulfil
my obligation as required of me.”
“Islam stipulates the freedom
of expression - hurriyyat al-bayan
or hurriyyat al-mu’aradah - which is
not just about the right of the individual, but his duty to uphold
truth. I have faith in the strength of truth. I do not doubt one
bit that truth will one day prevail and history will judge me right.”
“I have spent the one whole
year in incarceration, so I know what life behind bars is like.
I am only too aware of the suffering especially of my family and
my children who are still so young.”
“But their suffering will not
be in vain. I can only pray that when they grow up they will understand
the meaning of this sacrifice, why I continue to have faith, and
why I continue to struggle. From court to court, from lockup to
lockup, and from jail cell to jail cell, it is only for the future
of my children and for your children too.”
And, on that note, Ezam walked
out of the courtroom into the high walls of the Kajang Prison. Ezam
could have pleaded leniency. He was a first offender. He was already
paying for his “sin” under ISA detention. He had loyally served
the government for a number of years. The mandatory jail sentence
for an offence under the OSA is one-year jail (the maximum is seven
years). Ezam could have sought the minimum, and probably would have
got it. But he held his head high and told the court to be damned.
But Ezam’s troubles are far
from over. His trials and tribulations have but started. His road
ahead is still wrought with many obstacles and pitfalls. He may
yet be sent back to jail if he loses his appeal against his OSA
conviction. If he does not, there are still the many other charges
hanging over his head.
Ezam has but a brief moment
of freedom to enjoy. He owes his family for the 26 months he was
separated from them. He also has an important duty to perform as
the National Justice Party Youth Leader.
While we applaud his bravado,
Ezam must remember he is not his own man. He also belongs to his
family and country. Let us give him a couple of days to catch up
for lost time, then it is back to work.
But Ezam must no longer only
work hard; and work hard he does; he must now also work smart. Reformasi
has been going through the doldrums since the ISA arrests of April
2001. It is like a headless chicken, not knowing whether it is coming
or going.
Is Reformasi still relevant?
Need it reinvent itself? Or must it be put to sleep to end its misery?
The National Justice Party
is going through a transition. Major changes lie ahead of it. To
be kind, one sometimes needs to be unkind, and would it be unkind
to say that Reformasi may be required within the party itself?
Anwar Ibrahim is the icon of
Reformasi. Ezam, in turn, is the perceived Anwar clone - if I may
be so bold as to say this for many may resent the personification
of Anwar label. But that is the perception and, at times, perception
may not always be truth. But we have to work with what we have,
perception or otherwise, for beggars cannot always be choosers –
and let’s face it, as the smallest opposition party, we ARE beggars.
Ezam must now consolidate the
National Justice Party Youth Movement which has fragmented since
he went away 26 months ago – partly due to his loss of contact with
the ground. The next general elections are just around the corner
and the Youth Movement will have to be the backbone of the election
campaign. The Anak Bukit by-election has proven this, which would
not have been won had the Youth Movement under its Deputy, Saifuddin
Nasution, not led the charge.
Ezam belongs to his family
first and the party a close second. After a brief moment of R&R
with his family, Ezam will have to take stock of where the Youth
Movement and the National Justice Party is today, and where it intends
to go tomorrow.
Ezam has a duty to the party,
to ensure it strengthens from within to face the challenging task
ahead of it. The merger with Parti Rakyat Malaysia (PRM) has been
a blow-hot-blow-cold affair. The merging of the two Youth Movements
is one item that needs ironing out. And this is not the only issue
on the books; there are much more.
Ezam came home on 10 June 2003 a conquering hero. He may yet take that long ride back to prison.
Whether he goes “home” to prison a bigger hero will depend on how
he performs these next few months as a free man.
Ezam must bring himself up
to that next level. He was Ezam the firebrand. He was Ezam the politician.
Now, can he be Ezam the statesman? May those 26 months of solitude
bring wisdom to this man, and may we see a change of fortunes for
the party he sacrificed 26 months of his life for.
While I commend Ezam for his
sacrifice, he must remember the words of General McArthur. “Your
duty is not to die for your country. Your duty is to make the other
poor bastard die for his country.”
So, Ezam, please do not die
for us anymore. Can you ensure that Umno and Barisan Nasional die
instead? And going back to jail will not achieve this. We need you
on the outside. Forget firebrand. Be statesman instead. The future
of the party is at stake here.
Raja Petra Kamarudin
|