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

 

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