Events prior to Anwar's arrest
Conspiracy against Anwar
between the Police, Attorney-General's Chambers and the Judiciary
exposed in the Dato' Nallakaruppan Case
a) A friend of Anwar Ibrahim,
Dato' Nallakaruppan, was arrested on 31 July 1998, held incommunicado
for 14 days and then charged in Court on 12 August 1998 for illegal
possession of bullets at his house (although he has a gun licence).
Initially, he was charged under the Firearms Act which carried
penalties of fine and/or jail and which was bailable. However
shortly after, the charges against him were withdrawn and he
was recharged for the same offence under the Internal Security
Act, 1960 which carried a mandatory death sentence and for which
there was no bail.
b) Nallakaruppan was then remanded
in Sungei Buluh Prison near K.L pending his trial. Suddenly police
officers moved him in a unprecedented manner to solitary confinement
in Bukit Aman ( Police Headquarters ). Initially the police even
denied his lawyers access. Finally they secured access to him
and then Nallakaruppan then filed an application in court that
he was being unlawfully held in police custody when he should
ge in the custody of the prison authorities and asked for his
transfer back to prison. More significantly, he said in a 14
page affidavit sworn on 24 August 1998 that he was being subjected
to mental and physical tort ' ure in order to sign false statements
involving Anwar. He was subjected to threats such as he would
hang under the ISA and things would happen to his wife.
c) The conduct of the hearing
of this application by the High Court judge on 3 September 1998
( the day after Anwar is sacked as Deputy Prime Minister ) exposes
the conspiracy against Anwar further. On 2 September 1998, the
Prosecutors filed several affidavits in reply to Nalla's earlier
affidavit. Significantly, all the police could say in reply to
Nalla's detailed complaints of abuse to him and pressure to sign
false statements was a one paragraph bare denial. Normally such
a bare denial would not have any credibility in a court.
d) The Prosecutors also filed
a long affidavit by a senior police officer making a litany of
scurrilous and defamatory allegations against Anwar ranging from
sexual misconduct to corruption and treason against the country.
The statements in this police afidavit were all hearsay and even
double-hearsay without even the sources being named. Such evidence
would not be admissible even in a civil case and certainly not
legally admissible in a criminal matter. The purpose of this
scurrilous affidavit was soon revealed.
e) It was then found that the
Attorney General's Chambers had forwarded the affidavits to the
press at the same time they we-re filed in court and even before
they were given to Nalla's lawyers. First Nalla's lawyers asked
for an adjournment ( which would have been only to Nalla's detriment
as he would be kept longer in police custody in Bukit Aman )
so that Nalla could file an affidavit in reply. The High Court
judge REFUSED this request and ordered them to proceed. They
then told the High Court judge ( Datul Wahab Patail, elder brother
to the leader of the team prosecuting Anwar now ) that he should
stop publication of the affidavits since they were not even read
in court and they were clearly intended for the purpose of character-
assassination of Anwar in through the media. They then asked
the Judge to issue an interim order to stop publication until
full arguments could be heard on the issue, otherwise it would
be futile if he decided to stop publication later. He refused,
and needless to say he ruled later that the affidavits could
be published since they were "public documents". The
Mahathir-controlled media ran special editions with full texts
of the defamatory affidavits. Nalla then issued a statement later
denying the contents of the police affidavit but this statement
was never published.
f) The Judge then went on to
rule that the police could continue to detain Nalla in Bukit
Aman. Most shockingly, he never dealt with the most ii-nportant
question Nalla raised - that he was being subjected to duress
to sign false statements. The Judge said nothing significant
about this.
g) These events expose the fact
that the police were actively seeking in August to force false
statements implicating Anwar in order to justify action by the
Prime Minister. It is also clear that the Attorney-General was
part of this conspiracy and the Judiciary were prepared to lend
its assistance to this illegal exercise by the police and to
bend to the whims of the executive
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