FAC News - Wednesday, August 7, 2002 4:33 PM

Ezam jailed two years – serves sentence immediately

National Justice Party (Keadilan) Youth Leader, Ezam Mohd Nor, was convicted of an offence under Malaysia’s Official Secrets Act (OSA) and was sentenced to two years jail, the first time anyone has ever been sent to jail under the OSA. In two previous cases, the court handed down fines of RM1,000 and RM1,500 respectively with no jail term.

The prosecution, that demanded this heavy sentence, said, though the defence argues that Ezam never revealed any secrets since the information was already debated in Parliament and published in all the newspapers, it is not the information revealed that constitutes the crime but the word “SECRET” rubber stamped on the document.

“If toilet paper had been stamped with the word ‘SECRET’,  I would still be found guilty because it is not the information that is in question but the word ‘SECRET’ rubber stamped on the toilet paper”, said Ezam in his address to the court.

“It could even have been a blank piece of paper and they would have still found him guilty,” said Bahirah Tajul Aris, Ezam’s wife. “It is because it had the word ‘SECRET’ stamped on it that they found Ezam guilty, not because of what he revealed.”

Ezam said he had expected to be found guilty as “the court has been stripped of all its powers to decide on its own discretion and has to decide based only on the whims of the political masters.”

As such, argued Ezam, the court has no choice but to find him guilty and send him to jail since the OSA comes with a mandatory jail sentence (not less than one year and not exceeding seven years).

(Ezam’s full 10-page statement to the court after the conviction and sentencing and his media release can be read here which he prepared a week ago in anticipation of the court’s verdict. Photographs can be seen here).

Ezam’s sentence is to commence immediately as explained by one of his lawyer’s, Zainur Zakaria.

“We are appealing the verdict,” explained Zainur, “But we are not applying for bail as he would not be released anyway.”

Ezam is currently being detained under the Internal Security Act (ISA) because the government alleges he is “a threat to national security”.

The ISA allows Malaysia to indefinitely detain without trail all those it believes is a threat to national security even if they have not committed any crime yet but, is believed, may in future commit a crime. And all the government needs is “grounds to believe” without requiring evidence to support this belief.

Zainur argued that if they applied for bail, Ezam would just spend the entire time in the Kamunting Detention Centre and, once he fails in his appeal, as what they believe would happen, he would then have to serve the jail sentence anyway. This means his sentence would become longer.

It is not known yet what would happen to his ISA detention though. Ezam may have to serve 18 months of his two-year jail sentence. But this does not mean he is free after that. There is always a possibility the government may re-detain him under the ISA once he serves his sentence and send him back to Kamunting.

As it stands now, Ezam may be spending the next couple of years behind bars.

“Ezam is only 36 years old,” shouted one of the Reformasi activists outside the court after a scuffle with the police. “Ezam can afford to spend a few years in jail. Mahathir is 78. He will be dead soon. Ezam can still come out and continue his struggle. But Mahathir will be gone.”

“May all the prosecutors end up like Dugong!” shouted another Reformasi activist, referring to the previous Attorney General who prosecuted Anwar Ibrahim and who is currently in a comma and fighting for his life after suffering a severe stroke yesterday afternoon.

“We pray he does not die,” he added. “We want him to suffer and linger a few years before he dies. A quick death is too good for him. Let him remain a vegetable.”

Sentiments ran high both in and outside the court and the police had to force the supporters; who were shouting at the top of their voices; from the premises and close the gate. In court, another scuffle occurred when the police tried to whisk Ezam away before his supporters could hug him and shake his hands.

Ezam’s spectacles broke in the scuffle and the supporters in court started shouting at the police, who tried in vain to show they meant business. Fearing a melee; which most certainly would have started had the police been persistent; they allowed Ezam time to say his goodbyes before taking him away.

Surprisingly, there were no fisticuffs though the mood on both sides was ripe for a free-for-all brawl. And even the gun-totting police was not enough a deterrent to quiet down the Reformasi activists who chanted their usual “war cry”.

Though it had been expected, the conviction and two-year jail sentence was still too much for the supporters to stomach and this verdict can only strengthen Reformasi even more.