FAC News - Wednesday, April 2, 2003 11:32 AM

Plans are afoot to deny Anwar bail

On Monday, 14 April 2003, Anwar Ibrahim would have served his first sentence on the corruption conviction. Though he was sentenced to six years jail on 14 April 1999, after a one-third remission, he would be “out” in 12 days time.

As to whether he would get this one-third remission – which is a practice in Malaysia for convicts who have behaved themselves while serving their sentence – there is no dispute here. The Director General of Prisons has confirmed this in a recent press statement plus Anwar’s release papers were signed two months ago.

In fact, the DG also said Anwar would get a one-third remission on the second nine-year sentence as well - so “he will remain in jail until 14 April 2009,” said the DG, a period of six years.

The question now remains; will Anwar really be out in 12 days time since he still has to serve his second nine-year sentence (now reduced to six years) for the sodomy conviction handed down by the court on 8 August 2000?

Well…yes and no!

Anwar’s second sentence runs consecutive to the first sentence and he needs to start serving this sentence immediately, as soon as the first sentence ends. However, he is still appealing against this second conviction - the appeal hearing which is still ongoing - so, technically, he need not start serving this sentence yet until he exhausts all avenues of appeal.

On Wednesday, 26 March 2003, Anwar filed an application for bail and, in his Affidavit, he cited the reasons why his bail application should be considered (Anwar applies for bail – FAC News Mar 27).

The court originally fixed Anwar’s bail application hearing for today but has now decided that it will hear the application at the end of the appeal hearing, which is expected to end the middle of next week after the prosecution replies to the defence’s five days of submissions. (More on the Anwar Ibrahim Appeal Hearing).

In the meantime, the Attorney-General is preparing his Affidavit-in-Reply to object to bail using medical and security as the grounds.

The AG is getting doctors to certify that Anwar need not go to Germany for his spinal surgery as the procedure is available in Malaysia. Anwar, therefore, can still remain in prison and get his surgery done locally without the benefit of bail.

On the security issue, the AG will argue that Anwar should not be released on bail, not only for the nation’s security, but for Anwar’s own security as well. And, to support this argument, Affidavits from the police are being obtained.

Basically, the government does not want Anwar out on bail, notwithstanding the fact he is entitled to it, and it will pull every trick in the book to ensure this.

Whether it is just that Anwar be made to start serving a sentence that need not start yet is of no consequence.

What if the Appeal Court acquits Anwar or orders a retrial and, in the meantime, Anwar has already served part of a sentence that is finally quashed by the Appeal Court is also of no consequence.

All that is of consequence is that Anwar must not be released under any circumstances even if it means Anwar is ‘illegally’ detained beyond 14 April 2003.

By law, Anwar is entitled to bail. However, it is not the law but politics that put Anwar in jail – the law was just the ‘vehicle’ used to achieve this end. So it will have to be politics and not the law that gets him released.

And the politics of Dr Mahathir Mohamad says Anwar must remain in jail, by crook if necessary. And, because of that, Dr Mahathir is on leave yet is still in the country, ‘pulling the strings’ from behind the scenes.

And, the ‘good’ thing about all this is; the people will view this as the second metaphorical ‘black eye’ Anwar receives at the hands of the government. Invariably, the government will be giving the opposition fresh ammunition to use come the next election.