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AUGUST 18 , 2000 VOL. 26 NO. 32 | SEARCH ASIAWEEK
Anwar's nine years could be a blow to both UMNO and the opposition By SANTHA OORJITHAM Kuala Lumpur ALSO: • Being Judge Arifin: Who is the man behind the guilty verdict? • The Long and Winding Case: Highlights in Anwar's sodomy trial As Anwar Ibrahim entered the Kuala Lumpur High Court on Aug. 8, he said aloud: "There's going to be a conviction." Asked how he knew, he replied: "I can sense [it]." The forecast proved correct. That morning, presiding judge Arifin Jaka gave his verdict on Anwar's sodomy trial: The former deputy premier was guilty of "carnal intercourse against the order of nature" with Azizan Abu Bakar, onetime driver of Anwar's wife. After the defense was allowed to present mitigating arguments, Arifin delivered a second blow: Anwar, 52, would be sentenced to nine years in prison. "[The punishment] must reflect the seriousness of the offense," said the judge, who added that sodomy is "a despicable act in our society and should meet with the utmost condemnation." Anwar's adopted brother Sukma Darmawan, charged with both sodomy and abetting, was also convicted and received six years and four lashes. Before the verdict, Arifin summarized the findings and salient points. Key witness and alleged victim Azizan, he said, "came out unscathed" after 10 days of testimony and cross-examinations. Rather, it was the defense that had failed to provide an adequate alibi. "I am satisfied the prosecution has proved its case beyond a reasonable doubt," he said. "I find both the accused guilty as charged." The verdict and the sentence drew international criticism. The conviction, said U.S. State Department spokesman Richard Boucher, "cast serious doubt on the impartiality and independence of the Malaysian judiciary." The Malaysian Foreign Ministry was quick to hit back at such charges. "It is unacceptable for others to cast aspersions on or doubt Malaysia's judicial system," it said in a statement. Anwar himself remained unbowed. During his mitigation plea, he restated his claim that he was the victim of a political conspiracy. "Let the plotters plot all they want, for God is still the best of schemers," he said. When he proceeded to quote from the Koran, Arifin warned about citing him for contempt of court. "My God!" exclaimed Anwar. "I quote the Koran and I am stopped." "You are a sick man," said Arifin. Anwar retorted: "A sick judge is calling me a sick man." Anwar also turned his fiery rhetoric to his political enemies. "To Dr. Mahathir and his greedy family and cronies, I say beware the wrath of the people," he declared. "For the people are rising to reclaim justice. They are rising against graft and abuse of power." Outside the court, a few hundred Anwar sympathizers congregated to show their support, despite earlier warnings by the government not to hold any gatherings. At least five squads of police — more than a thousand officers — ringed the square outside the courthouse and questioned all passing pedestrians. When news of the guilty verdict trickled out, it was accepted with sullen resignation by those gathered; when the sentence was announced, several men and women wept openly. The crowd later dispersed peacefully. It was a subdued close to the latest chapter in the long-running Anwar saga. Two years ago, the rising political star was acrimoniously sacked from both the government and the United Malays National Organization (UMNO), the dominant party in the ruling coalition. Prime Minister Mahathir Mohamad said his deputy was guilty of sexual misconduct; Anwar in turn claimed he was being framed by his enemies. He was prosecuted for abuse of power and sentenced to six years. His conviction in the current trial now means that he could be locked up for a total of 15 years, as the sentences are not concurrent. Most observers had expected a guilty verdict, but many were taken aback by the severity of the sentence. "There was no way Anwar could have been found innocent," says a political scientist. "It all boiled down to who was lying: Mahathir or Anwar? Anwar's sacking hinged on the sodomy." But he professes surprise at the sentence: "I thought he would get three or four years running concurrently [with his present jail term]." Former judge Harun Hashim disagrees, however: "The law is clear. For two separate incidents, normally the sentence is consecutive." The judgment may lead to fallout in both the ruling coalition and the opposition. UMNO, which lost a sizable chunk of its Malay support over Anwar's sacking, could continue to be shunned by this key voting bloc. At the same time, the verdict may hamper the opposition Parti Keadilan Nasional, headed by Anwar's wife Wan Azizah Wan Ismail, since it keeps Anwar out of action for many years. Even allowing for remission, he will be in jail for at least nine more years; and after his release, he will be barred from running for office for another five. The only beneficiary, if any, is likely to be Parti Islam SeMalaysia, the leading opposition group, which capitalized on sympathy for Anwar and wooed Malay voters away from UMNO in the Nov. 29 general elections. "One of the main reasons the Malays are against UMNO is the sacking of Anwar," says the political scientist. "Not because they like or love him but because of the divide between the haves and the have-nots. Anwar was seen as a champion of the have-nots against the elite." He predicts the verdict will be "the beginning of the end for UMNO. Any chance of getting the Malays back is finished." This, however, does not mean Mahathir's tenure as prime minister is threatened. "The prime minister is personally unpopular in UMNO and among Malays in general," says a Western diplomat. "But he has an iron grip on the party and no one is going to challenge him — especially after seeing what happened to Anwar." He reckons that within the next nine years, either Mahathir will step down "or nature will take its course." As for Anwar, he is appealing the verdict, but he is "not very optimistic," according to Lim Guan Eng, vice chairman of the opposition Democratic Action Party. "The question is not just trying to free Anwar," says Lim, "but how the battle to preserve democracy, wipe out corruption and create a free and equitable society can be maintained." A fine set of objectives indeed, but the opposition will now have to go about attaining those goals without its leading light. With reporting by Arjuna Ranawana/Kuala Lumpur Write to Asiaweek at mail@web.asiaweek.com
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