Aug 8, 2000

'A pre-ordained script'

Anwar's mitigation plea

A Nobel Prize laureate who is also leader of a nation recently made this remark: "The Anwar case ceased to be a legal case a long time ago!"

In the beginning, there were indeed some who maintained some confidence in the Malaysian court system. They thought there was still a chance that this court would exonerate me. But they have seen how the trial was conducted, and they have concluded that this case has nothing to do with crime. There has been no criminal trial in this court, only political persecution.

I agree that no one is above the law, but that principle is not applied to Datuk Seri Dr Mahathir (Mohamad). Instead, the court acquiesced to his insolence. I have steadfastly maintained that I am the victim of political conspiracy through a web of intrigue, orchestrated by the maestro, Dr Mahathir. Despite strenuous appeals my counsel were prevented from questioning this principal witness.

The pronouncement of your judgment today was a mere formality according to the pre-ordained script of the conspirators. It is inconceivable that anyone can be found guilty with such clear incontrovertible evidence of fabrication.

There is absolutely no cogent evidence that I have committed the offence. Azizan (Abu Bakar) accused, then retracted in 1997; made a statutory declaration denying the allegations in 1998; then under oath in court in 1998 and 1999, accused again, then denied that he was ever sodomised; then amended (he was) not (sodomised) after May, yet again not after September 1992.

He lied in the Shariah Court of committing khalwat (close proximity) offence, and later admitted both of khalwat and adultery and was convicted subsequently. And this court ruled that this is a credible and consistent witness!

Our challenge to have him examined by doctors was conveniently ignored. The dates (of the alleged offence committed) January to March 1993 was on the suggestion of the police officer. Our alibi on the said premise at Tivoli Villa and my movements were never challenged by the prosecution. It is a conviction based on conjecture and imagination.

I never dreaded this judgment. It has no legal basis. It is unjust, disgraceful and revolting. It does not disgrace me, it disgraces you, the judiciary and this nation of ours.

I reiterate my innocence with a clear conscience. I will fight even from behind iron bars and prison walls. Truth and justice cannot but prevail. Let the plotters plot all they want for God is still the best of schemers.

Dr Mahathir could have used the draconian Internal Security Act (which allows detention without trial) to imprison me for as long as he wanted, without destroying the judiciary and without sullying the Attorney-General's Chambers. But he is a coward who would not take responsibility for his own evil. So he uses the courts and with the same stroke he completes the destruction of the judiciary.

Nevertheless, the proceedings during the trial reveal the deplorable methods used by the police, the absurdity of our adversarial system of justice, malicious prosecution and corruption involving the ruling clique.

Dr Mahathir's lust for power is insatiable. He will lie and force others to lie to save himself. He has lied in the face of the testimony of the former Anti-Corruption Agency director-general, Dato Shafie Yahaya. Not only did he lie by denying that he ordered the investigation stopped; he went further by instructing a deputy minister to tell Parliament that the investigation was never closed.

He had lied about my being assaulted as self-inflicted. He had lied that the cost of his Putrajaya Palace was only RM17 million. He lied that his children did not benefit from the government despite billions of ringgit worth of contracts, privatisation, share allocation and bailout.

His other colleagues would naturally echo. Chief Justice Tun Eusoff Chin lied to the public when he said he did not take a holiday with lawyer VK Lingam in New Zealand. Instead of investigating the alleged improprieties, Dr Mahathir has extended his service beyond his retirement date "to see that everything is in place".

During my 17 years of government service I was loyal to the government and the prime minister but mine was a loyalty based on principles. If justice, the law or public interest was threatened I would defy Dr Mahathir. I objected to the use of massive public funds to rescue the failed businesses of his children and cronies. Here was where respect of justice and public interest overcame loyalty to the prime minister. And it was precisely because I defied him and sided with public interest that I was dismissed and persecuted.

This is a small sacrifice to pay in the cause of democracy and justice. But I worry for the nation. Corruption is endemic. The pillars of democracy, civil society and the rule of law are shattered.

This nation needs reform and renewal. To Dr Mahathir and his greedy family and cronies, I say, beware the wrath of the people; for the people are rising to reclaim justice, they are rising against graft and abuse of power. And, to the champions of reformasi, I salute you for your courage and urge that you keep your fighting spirit.

(After reading the statement, Anwar added: "To you, the judge, I wish you well in your conscience and your religious beliefs.")

Anwar Ibrahim
Aug 8, 2000

 
     
 

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