FAC News - Wednesday, April 16, 2003 10:09 AM

“Bail for Anwar” campaign to be launched

“Black 14”, the day commemorating the conviction and sentencing of Anwar Ibrahim to six years jail on four counts of corruption on 14 April 1999, has come and gone. Anwar, however, is still in jail, currently serving his second nine-year sentence on the sodomy conviction that commenced immediately after he completed serving his first sentence.

Anwar is appealing this sodomy conviction, the appeal hearing that ended on Thursday, 10 April 2003, with no decision from the court. It is not known when the court will come back with its decision, but even if Anwar fails in this appeal, he can still appeal to a higher court, the Federal Court.

Anwar’s current appeal took more than two-and-a-half years to be heard, never mind that “justice delayed is justice denied” – a slogan only fit to don the walls of the halls of injustice. It is not known how long the current appeal process will take but a year or two would be a reasonable guess taking into consideration the track record of the Malaysian courts.

In the meantime, pending the outcome of this appeal – and the next one at the Federal Court if Anwar fails at the Appeal Court – he has applied for bail. The bail application was heard on Wednesday, 9 April 2003, but the court has reserved judgment until a date not confirmed yet.

The decision on whether bail can be granted may take another couple of weeks. Anwar is therefore now “prematurely” serving a sentence that has not been upheld yet by either the Appeal Court of the Federal Court. Many say Anwar’s appeal is a foregone conclusion, in that the Malaysian Government will never allow him out under any circumstances, even if the judicial system needs to be rigged to achieve this.

Feedback from the security services is that if Anwar is set free – either on bail or acquitted of the charges against him – Malaysian Prime Minister Dr Mahathir Mohamad would not last a week in office and his anointed successor would be pulled down together with him. This may be so, but Anwar is entitled for bail, the law provides for it, and no amount of “personal interest” should stand in the way of him be granted bail.

Anwar was sent to jail on political grounds. The conduct of the trial is testimony of this. The gross and blatant deviation from judicial norms and the unabashed violations of Malaysia’s Constitution only lends weight to this belief.

But there is just so much manipulating the court can indulge in, in complying with the executive order. Sooner or later it will need to end all its bullshit and put on some resemblance of a court of law. And that time is now.

The opposition and Reformasi activists have for more than four-and-a-half years “tolerated”, to a certain extent, the injustices done to Anwar Ibrahim. They have acknowledged that Anwar is a victim of a political conspiracy and that he is undoubtedly innocent of all charges. But they had given the courts the benefit of the doubt that possibly the judicial system would right the wrong done to Anwar.

When Anwar was first convicted of corruption, the entire world expressed outrage. But they felt that when Anwar appeals against this conviction this injustice would be rectified. Then, they could not believe that Anwar could be further convicted on a second charge of sodomy with the backdrop of no evidence, an airtight alibi, and the alleged victim himself testifying that Anwar never sodomised him.

When Anwar lost his appeal against his first conviction there was hardly a whimper. “This was to be expected,” was the only possible response. What else could they say? By then, most had become “numb” and accepted the fact that Anwar will never be accorded justice in a Malaysian court. They knew it was wrong, but then what could anyone do about it?

The only thing left was to wait for Anwar to complete his first sentence. After all, he had gone through the “legal process” and had exhausted all avenues to get his conviction set aside. “We might as well wait four years for the sentence to be served,” was the hopeless feeling they all resigned themselves to.

But those four years are now up. Anwar has “obediently” completed his first sentence. His second sentence need not be served yet. Anwar can be allowed out on bail while he appeals against this second conviction. But this is not what is happening.

The feeling of acceptance and resignation are now gone. There is, again, a feeling of outrage. The people are no longer prepared to allow the “process” to determine Anwar’s fate. They want the system to do the right thing, for once.

The recently retired Chief Justice said if there is one thing he wants to be remembered for it would be that he has reformed the judiciary. The people are going to hold him to this. They want the reformation to reflect in the treatment Anwar is accorded. They are going to demand Anwar be allowed bail while he appeals against his second conviction. And they would expect Anwar to eventually be found innocent of the sodomy charge, even of this takes another two years.

And, to show they mean business, a “Bail for Anwar” campaign is going to be launched. The campaign will be taken the length and breadth of Malaysia where the people will be told why Anwar could and should be allowed bail.

Dr Chandra Muzaffar said Anwar is still relevant. Anwar, however, needs to be “repackaged”. In 1999, the people’s outrage against Anwar’s blackeye and the near-death beating he received at the hands of the Chief of Police was so strong that, in the General Elections that year, the people gave two states to the opposition and the ruling party almost lost a couple of others where its majority was greatly reduced.

In the 1999 General Elections, the “Anwar blackeye” episode was very relevant and was one of the major factors for the ruling party’s dismal performance, said Dr Chandra. That same blackeye would no longer carry weight in the next elections. A new “blackeye” would be required.

While Anwar is still very much relevant, a new issue needs to be attached to Anwar to make him “current”, and that new issue would be the present treatment he is getting. This will be the new “blackeye”.

The opposition would need to skilfully explain to the people that Anwar need no longer sit in jail. The people need to be told that Anwar could today be home with his family and that the government is manipulating the judicial system to ensure this does not happen. If the people can be made to see that this is the “second blackeye” Anwar is receiving at the hands of the government, the spirit of 1999 will be rekindled.

Dr Mahathir may own the courts. He may even be able to dictate what it does to Anwar. But while he may win in a court of law, he still needs to face the court of public opinion.

Anwar may have to be “sacrificed” for the cause, but this sacrifice will not be in vain. The opposition will not allow Anwar to languish in jail for nothing. If Anwar is set free, this will be a bonus. If not, then it will be fuel for the next elections. And the government will have to face the next elections explaining to the people why Anwar is still not a free man after having completed his sentence.

Anwar will have to pay dearly, with this freedom. But the ruling party will be paying too. It will be paying with votes.

The people will be told to write off the Malaysian legal system. Change will not come through the so-called “reformed” judiciary. Anwar will never be accorded justice as long as power still lies in the hands of the ruling party. Change can only come through changing the government. If they want Anwar free, then they need to kick out the present government.