Several years ago Malaysia's Prime Minister Mahathir said, "They will find it difficult to get rid of me." At the time, it was thought a strange remark for a man who heads a democracy, and has always said he would voluntarily resign, "When I am no longer wanted." That time is long past, and his desire to hang in the office is apparent to all. The attractions of high office are such that intelligent and educated men will readily sell their very souls for the experience. He has certainly done that.
But now he has resigned. It is presented as voluntary resignation. It occurred abruptly, in a decidedly unorthodox manner. There is no formal letter. It was an emotional event, marked with despair and tears. It fell far short of a formal resignation, and was really only an intimation of a fuzzy future intent. "I have decided, I have decided," he replied in anguish when his concerned ministers rushed to his side. They were frightened for themselves, not solicitous for his personal welfare. Without him, the entire edifice he has erected and presided over will finally face the wrath of the people. The ministers begged time to arrange their affairs. He has agreed to allow them a definite period, or so it seems. The big question is not why he agreed to stay on for a time, but why he offered to resign at all.
To find the answer one must go back to the Summer of 1998. Big waves of anxiety were created in Malaysia by the inability (or refusal) of the new Indonesian prime minister to protect the outgoing Sukarno and his family from prosecution. Anwar could not be trusted. A decision was made, the time had come to finally remove Anwar Ibrahim from his position as Deputy Prime Minister. A political smear campaign to embarrass and discredit Anwar had been in operation for several years. The impetus came from Mahathir's political ally Daim Zainuddin. Anwar was expected to resign in shame. Mahathir promised that if he went without any fuss, he would be well rewarded for his willingness and silence. If he refused, Mahathir threatened to bring a prosecution on false charges. In a face-to-face confrontation, Anwar refused.
Surprisingly, Mahathir misjudged his man. He should have known better, since Anwar had provided an Islamic covering for the corrupt administration for the prior eight years. It was a tenuous alliance, both for Mahathir and Anwar. Anwar was willing to let Mahathir take responsibility for the immoral activities, content to play the waiting game as an insider, planning to make the necessary improvements once he assumed the top office.
The threat to Mahathir and Daim was a real one, and they knew they must keep him quiet. They had to prevent a successful challenge for the Presidency of UMNO, which carries with it the prime minister's office. If Anwar ever exposed the gross malfeasance of Daim Zainuddin and Mahathir, revealing how they had cleaned out the UMNO treasury, the pension funds, and the major enterprises of Malaysia, the anger within UMNO would be immense. Anwar, as Finance Minister, was in a position to know what was going on, and his disapproval was a constant source of contention.
Anwar was very popular, and was building a political following of his own. It was clear that soon he would be able to challenge Mahathir within UMNO itself. Daim saw the danger of this, and decided Anwar must be politically destroyed, and soon. So the sides were drawn, the reformers versus the ingrained despoilers. Anwar accepted their challenge, "Do your worst, right will prevail," was (and is) his reply.
Previous threats were used against others in the government, that a fraudulent prosecution would be brought against them if a requested resignation were resisted. These had all been successful. The political conspirators didn't think Anwar would be different. Anwar Ibrahim called their bluff, forcing the foolish court procedures that destroyed the reputation of the Malaysian judiciary in the eyes of the world.
Anwar was forced out of office. He was sacked for immoral conduct, Mahathir reported. He was not charged, nor was he placed on administrative leave. Mahathir made it clear he had evidence, that he could not reveal, that would substantiate his statements. He never revealed these, and refused to appear in court at the trial. The reason is obvious. They are fabrications.
Free of the obligations of office, Anwar began his independent campaign to build political support. He fully intended to challenge Mahathir for the top job. At first Anwar was not taken seriously. Only when he began to draw large crowds, making speeches that pointed to the widespread corruption within the government, was it decided that he must be silenced. The original order seems to have been to the police, to kill him in his home, claiming he was shot in an escape attempt.
Anwar, however, had given written notice that he would not resist arrest, and if a warrant should be issued for his arrest, he would surrender quietly. Masked killers were sent unannounced to his home in the dark of night. Anwar was in the midst of a news conference, surrounded by numerous international journalists. Anwar called for calm, in spite of the fact the official police squad broke windowpanes and damaged unlocked doors. It appeared to everyone present that a deliberate attempt was being made to provoke an angry response. It was noted with alarm that the officers were not the regular police, but were the infamous UTK, renowned for their willingness to place a pistol bullet between the eyes of anyone pointed out to them as an approved target.
[aside] To prove their efficacy in action, a few days later five alleged kidnappers ... it was an UMNO officer's son ... were murdered (all Indians, one was a woman eight months pregnant) just south of Kuala Lumpur. The next night, a further six men (all Indians), alleged to be gun runners, were murdered in Kelantan. In both cases, the police admitted a 'mistake' had been made, and the surviving relatives were paid off. [The men who carried out the official murders remain free and uncharged. The government has recently denied in Parliament that these UTK killer squads exist, though rewards for their performance are given in public parade. For a murder in Malaysia you can get a Datoship from the King].
When it was seen that the assassination plan could not succeed unless Anwar left the center of the news conference, he was ordered to go into other rooms to retrieve "necessary documents." Anwar immediately saw the real intent of this tactic, and sent others to retrieve the documents. The frustrated police officers continued to create sufficient disturbance to cover their assassination plan, and only when they could see that the assembled crowd was watching closely, with video cameras rolling, did they give up. Anwar was taken to Bukit Aman, the main police headquarters, where members of the Attorney General's office were waiting. The Inspector General of Police, when informed that Anwar was still alive, gave assurance that he would deal with the matter personally. He did.
The IGP, having failed in the assassination attempt, ordered Anwar blindfolded and tied to a chair. The IGP silently entered the room, and began to assault Anwar with intent to cause lethal injury. Observers said he appeared to be drunk. When he was satisfied that there was enough damage to accomplish his purpose, he ordered Anwar to be left in a cell without medical attention for a number of days. He was later surprised to learn that Anwar had survived.
Anwar was not brought into public view for two weeks, and when the public saw his condition, especially the enormous black eye, an immediate outcry arose. The police had not only bungled the assassination, they had also treated the prisoner brutally while in custody. No one was willing to take responsibility for the beating, and a Royal Commission of Inquiry was called to investigate the matter.
When all the officers present at Bukit Amin were called, the truth emerged. The rumours proved to be true. The IGP himself inflicted the wounds. The IGP resigned. In a trial, he entered a plea of guilty. He was punished with imprisonment and fine. Poor man, he was only following orders. His superior was Mahathir, acting as both Home Minister and prime minister. He seemed to take little interest in the matter, offering a lame observation that Anwar's wounds were perhaps self-inflicted. It was immediately seen the prime minister himself was behind Anwar's persecution. This has been the continuing perception to date. Such is the sordid story of the beginning. All that followed is corollary.
The effort to prosecute Anwar is a comedy of errors, involving two trials and appeals brought in consequence. Anwar and his defense lawyers have obeyed all the rules of evidence, answering the charges effectively and completely. The judges and the prosecutors, acting in concert, have made a complete mockery of the law. They have played the clown, painting the law according to a peculiar colour-of-the-day. Yet, in none of the appeal judgments have the judges found anything irregular. The attempt of the prosecution to prepare and present fraudulent testimony has escaped their notice, and the officers of the court, rather than punishment, have been rewarded with higher office. There are elements of tragedy, especially in the treatment of Anwar Ibrahim and his family.
The appeal to the Federal Court, the court of last resort, was announced in July, and all were interested to read the written arguments given by the judges to support their concurrence in the finding of guilty. Anwar, it transpires, has been treated fairly, so say the learned judges. There has been no error by either the trial judge or the appeal court. So say the learned judges. There is, however, a problem, and it is a serious one.
The entire episode is seen by the public to be just what it is, a blatant attempt to use the dignity and respect of the courts to carry out Mahathir's threat to prosecute if no quiet resignation is forthcoming. The irony is immediately seen, Anwar is guilty, but Mahathir resigns.
It is clear that the judgment is not the writing of the trial judges. Anyone familiar with the individual style of the three federal Court judges can see that the written judgment is not their own, but has been prepared for them by another, easily recognisable, hand and mind. The question everyone asks is, "Why, why did the three judges allow this travesty to occur?" That brings us to the subject of this commentary.
The prime minister is faced with a dilemma, an unsolvable situation that he has created for himself. Let it be a lesson for others who decide to diverge from the path of honesty and truth, especially when in a position of public trust. Anwar must be found guilty, because there will be no future for the BN coalition if he is ever allowed out of solitary confinement. Mahathir, however, is running out of bargaining chips. People no longer fear him.
The last thing he has to offer is his resignation, and it is clear that he parts with it in pain. He has no choice, and that is the truth of the matter. It appears he has offered his office in exchange for the guilty verdict. The judges have reluctantly agreed. There is a further question whether Mahathir can be trusted, as it now seems his offer to exchange his twenty-year tenure for Anwar's guilty verdict is only a stall for time to maneuver.
It seems Mahathir does not intend to resign at all. He seems to have reneged on his offer, and now the judges have good reason to wonder if they have been tricked, lied to once again. The poor judges have given everything a man holds dear in life in furtherance of this putrid agreement, and now it is to be for nothing. This is what it means to be a judge in Malaysia today.
Gone is the respect, the dignity of judicial office. In its place is the stench of the Mahathir era. The mire taints all robes. None should complain who quietly allows the festering sore. A good man is unjustly imprisoned. He awaits, in solitary confinement, the return of truth and justice to the people of Malaysia. If there is to be relief from this misery, people must indicate an objection and indignation. Licence thrives on silence, timidity operates as tolerance. While Anwar waits, Malaysia is reduced to debts and clouds of noxious smoke.
Watching from the sidelines, feeling secure among his bilious billions, is Daim Zainuddin. He has retired early to the sidelines, avoiding the glare of accountability. One assumes he is prepared for any eventuality.
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