Transcript of 1998 Trial

Transcript
14/04/1999
Anwar verdict puts Malaysia's justice system on trial

MAXINE MCKEW: Well, to our own region now and the most publicised trial in Malaysia's history ended today, with Anwar Ibrahim — the man once groomed to lead the nation — jailed for six years, after a judge found him guilty on four counts of corruption.

Asian leaders have joined human rights groups in denouncing the severity of the sentence.

In Malaysia, there have been clashes between police and protesters in the wake of the judgment, suggesting widespread scepticism with the verdict.

So, did the system succeed in catching a wayward politician, or did it dance to the tune of an opportunistic leader who wants a political enemy behind bars?

Report by Tim Lester

TIM LESTER: Conviction day for Anwar Ibrahim.

As his supporters took to the streets around Kuala Lumpur's High Court, few doubted the outcome of the marathon corruption trial.

For seven months now, they've watched Anwar battle to keep alive his shot at the country's top job.

They've heard him say repeatedly the system was being used against him.

Many Malaysians, perhaps most, believe it.

They believe Anwar Ibrahim's conviction was orchestrated to suit the PM and several of his close colleagues.

BRUCE GALE: There is a feeling among a large number of Malaysians that the trial wasn't fair.

TIM LESTER: Singapore analyst Bruce Gale sees this perception — whether right or wrong — as a problem for the Mahathir Government.

BRUCE GALE: If you have large sections of the population believing that somehow the judiciary is not fair or impartial, then this is a very serious situation.

It's an undermining of a major national institution.

GURBACHAN SINGH: We could have easily shown by irrefutable evidence the involvement of several top politicians to bring Anwar Ibrahim down politically.

TIM LESTER: Among Anwar's nine defence lawyers, there is deep frustration that many witnesses, documents, even tapes they had ready didn't make it to evidence, because the judge wouldn't allow them.

GURBACHAN SINGH: There was evidence of the involvement of the PM, as well, that he knew this process of political conspiracy was going on — he did nothing to stop it.

MAHATHIR MOHAMAD: I wish he hadn't done this and he should have succeeded me and everything would be fine.

TIM LESTER: Political conspiracy — it was Anwar's claim the moment Dr Mahathir dumped him as Deputy PM and his lawyers say it was vital to their defence of the four corruption charges.

But Judge Augustine Paul ruled as irrelevant the suggestion that government ministers and officials cooked up the sex claims to ruin Anwar.

GURBACHAN SINGH: Most of the rulings where the judge could exercise discretion, went against us.

MUHAMMAD SHAFEE ABDULLAH: When the trial first started, I think at least for the first two months or three, there were often times, I thought, where the judge was giving a lot of leeway to the defence.

TIM LESTER: Former prosecutor Shafee Abdullah praises Judge Paul for refusing to hear Anwar's conspiracy argument in relation to the four corruption charges.

MUHAMMAD SHAFEE ABDULLAH: Whether or not he committed those sexual offences have got nothing to do with the present charges.

TIM LESTER: So was Anwar's trial fair?

Yes, says Shafee Abdullah. But even he admits Malaysians don't see it that way.

MUHAMMAD SHAFEE ABDULLAH: There are a lot of individuals out there who feel that the whole trial has gone completely bonkers.

Many individuals think that Anwar did not receive a fair trial.

TIM LESTER: The damage from the trial goes beyond perceptions about Government influence over the judiciary to the police force.

MUHAMED AZMIN ALI: They hit me physically and they stripped me naked and asked me to dance in the room, with my hand handcuffed.

TIM LESTER: Anwar Ibrahim's private secretary of 11 years was among hundreds arrested at the height of anti-government protests last year.

He's now making a disturbingly common claim in Kuala Lumpur — that police used brutality and humiliation in the hope of recruiting him as a witness against Anwar.

MUHAMED AZMIN ALI: Oh, yeah, they asked me to admit that I was sodomised by Anwar.

TIM LESTER: Three of five people cited in sex charges pending against Anwar have now withdrawn their claims and turned on police.

GURBACHAN SINGH: And they were picked up and forced — tortured by the police — to make allegations against Anwar, to admit to sodomy, which they repeatedly said never happened.

And they've gone on affidavits, they've gone on statutory declarations to that effect.

TIM LESTER: Add in Anwar's black eye — Malaysia's highest-ranking officer at the time hit him while he was blindfolded and handcuffed.

In the process of convicting Anwar, Malaysia's police have earned themselves an image crisis.

Among other claims that didn't make it to court — the Washington limousine driver who says a Malaysian embassy official asked him to accuse Anwar of sexual misconduct while visiting the US.

JAMAL AMRO: Then he asked me — he said "Relax". Then he told me, "Anwar — did you ever bring girls for him, or boys or anything like that?"

I said, "No".

He said "C'mon, if you say 'Yes', we can make some money".

TIM LESTER: Jamal says he was told he could make more than $250,000 by going along with the sex claims against the then Deputy PM.

Public anger over Anwar's treatment has helped his wife, Wan Azizah, win backing for a new political party and an opposition alliance to fight Dr Mahathir at the next election.

MUHAMED AZMIN ALI: The hatred against the present leadership is swelling because they can not believe the manner they handled this issue against Anwar.

TIM LESTER: This trial and the events around it have thrown up challenges the Mahathir Government didn't anticipate.

Now, there's the possibility of a united opposition at the next national election due within 12 months.

A powerful threat for Dr Mahathir, but it's still not likely. The groups Anwar's supporters need to bring together would make unusual partners.

BRUCE GALE: It seems extremely difficult for me to believe that post-election, that this alliance could hold.

The policies of these parties are so diametrically opposed to one another.

Islamic fundamentalists want an Islamic State. To the Chinese, this is an anathema — something they would never accept.

TIM LESTER: Many Malaysians don't like the way their government and judicial system dealt with Anwar Ibrahim.

Today's verdict will only fuel their suspicions.

But Dr Mahathir is still in the middle ground of Malaysian politics.

His enemies have a giant task — trying to bring together opposition parties into an alliance needed to capitalise on anti-government sentiment.