Anwar show trial makes mockery of Malaysian courts
The Age, Melbourne Saturday 12 August 2000

One of the youngest of Anwar Ibrahim's six children turned to his grandfather this week, and asked: "Is nine years a long time?"

The boy's mother, Wan Azizah, didn't have the heart to tell him the whole truth: that his father, jailed by Malaysia's High Court this week on charges of sodomising his chauffeur, would serve his prison sentences consecutively, not concurrently. In other words, on top of his previous conviction for "corrupt practice" it could be 15 years, not nine, before he is free.

That is a long time in a jail cell. It is also a very long time in Malaysian politics. Far longer than it has taken Prime Minister Mahathir Mohamad to reduce his nation from a stable and well-regarded parliamentary system to one now rated by international human rights monitor, Freedom House, as slipping precariously below accepted standards for a functioning democracy.

The show trial of Mr Anwar, who dared to position himself as a political rival to the longest-serving leader in the region, has made a mockery of Malaysia's institutions. Its judiciary is severely tainted. Its political life has been poisoned by a brutal and vindictive campaign by Dr Mahathir against his one-time heir apparent.

Mr Anwar was sentenced on the basis of tawdry and dubious allegations that, at some point between 1992 and May, 1994 - the key witness changed his story three times - he had committed "carnal intercourse against the order of nature".

The international reaction was prompt. The US, Australia, Canada and several European nations protested. The International Commission of Jurists denounced the legal process as a sham. The United Nations Special Rapporteur on the independence of lawyers and judges, Param Cumaraswamy, himself Malaysian, described the convictions and sentences as "appalling".

The Australian chairman of the ICJ, New South Wales Supreme Court judge Justice John Dowd told The Age: "The prosecution was blatantly changing its story to suit the facts. There are clearly questions over the credibility of the principal witness, and the conduct of the trial was very hostile to the defence. Unless the court of appeal overturns it, there will be no confidence internationally in Malaysia's system of justice."

Yesterday, Mr Anwar filed his notice of appeal. But there is a view among his supporters that this is futile. The fix was in long ago, and they believe his case has been doomed since September, 1998, when Mr Anwar first ran foul of the competing interests and ambitions of his leader.

When his lawyers visited him in prison, the former deputy prime minister looked "worn out and upset". Initially, he had resisted lodging an appeal, saying he was entirely disillusioned with the judiciary and resigned to many years of imprisonment.

His supporters are planning a show of solidarity outside the prison tomorrow, but the reformasi movement is struggling to maintain momentum. Notwithstanding the spirited public campaigning by Dr Azizah on behalf of her husband, long-time observers believe Dr Mahathir has probably survived the worst of this crisis.

Meanwhile, government ministers sought to deflect international criticism, with Legal Affairs Minister Rais Yatim insisting Malaysia was careful not to criticise the courts of other countries. In a swipe at the US response, he cited the acquittal of O.J.Simpson on the charge of murdering his wife. "Malaysia did not paint a bad picture of the US judicial system," he said. "Malaysia kept quiet."

Turning to criticism from Prime Minister John Howard, Dr Rais cited the mandatory sentencing controversy in Australia: "I, too, can give my view on the case of Aborigines in Australia, but that's not our work."

So far, Dr Mahathir has been fairly muted in his defence of the proceedings, telling the Saudi Gazette: "It is entirely for the court. They have the say."

 

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