Anwar VS sodomy - start campaigning

Attempts by Datuk Seri Anwar Ibrahim to cast aspersions on the judiciary, police force and BN government are part of his strategy to discredit these institutions. This was to give the impression that the judiciary was unfair.

Yesterday, Anwar spoke to Vijay Joshi and Eileen Ng from Associated Press (AP is owned by its 1,500 US daily newspaper members) and said he is prepared to be jailed for sodomy in a trial next month, but warned his conviction could unleash a grounds well of public support to rout the government in the next elections.

Anwar denies the charge and said he does not expect a fair trial. It’s the second time in his political career that he has been charged with sodomy. Both cases have been politically motivated to stop him from challenging the people in power.

But just like the first case, “there will be a huge outcry here and internationally,” Anwar said. “The worst-case scenario for me personally would be great for the opposition and the worst-case scenario for the government” in the next elections in 2013, he said.

Anwar, 61, was charged last August with sodomizing a 23-year-old male former aide, Saiful
Bukhari Azlan.

“My chances, given a free fair trial, are 100 percent, but under the current circumstances the chances go down fast,” Anwar said. “Nobody likes to go to jail, but I will do it if forced to ... and hopefully (come) out like a hero.”

Anwar said his alliance will surely win the next elections, due in 2013, if he goes to jail. “If (Prime Minister) Najib pursues this, he is making a big blunder. It will continue to haunt him for the rest of his life,” he said. “They can control the judiciary, the media, the police but they cannot control public opinion.”

Still, Anwar said, the alliance has taken into account the possibility of him going to jail, which would bar him from contesting elections for five years after he has served his sentence. The three parties are holding “elaborate sessions” on who would lead the alliance into next elections, Anwar said.

In the event that Anwar was charged and subsequently found guilty, he could continue to claim that the judiciary was unfair and that it was a conspiracy. He is entitled to his opinion when campaigning in public, but he shouldn't, prior to being produced in court, make claims that the courts are unfair.

Like many people before, I used to have the highest regard for Anwar appearing always as he did as true role models. Anwar and his wife, Wan Azizah were both very intelligent and successful in their respective fields.

In Malaysia we practise the best form of Islam as enshrined in the Quran and hadiths. Nowhere are we taught to kill each other but we will, if we play to the gallery and listen to outsiders. Then we will become even weaker, which is their ultimate objective.

Our judiciary is not perfect - nothing is except Allah - but we have an excellent system that would prefer to let 10 guilty men free rather than hang an innocent man. Like millions of others I am praying that some good will come out of all this.

What has transpired is a sad turn of events which can happen to anyone: look at Datuk Harun Idris and Datuk Mokhtar Hashim. However, due process must be allowed to take its course. Let the law decide. Let God decide. Let us not take that a wrong turn as so many others want us to and allow our children and grandchildren to enjoy the country as we have done all these years.

We all know, the democratic process of this country embraces the notion of responsible government which respects the rights of individuals and calls for the observance of procedural fairness in matters affecting the individuals. It is the function of the judiciary to safeguard this very notion of our democratic process.

So. public must understand the judiciary's role comes at a time when it has been used as a political battering ram by some segments in society to bludgeon the Government. The public perception of the judiciary's role is important for the judicial system to work well is apt. The judiciary stands as a safeguard of the rule of law.

The primary judiciary function remains the peaceful resolution of disputes according to the existing body of legal principles. As part of that function, the judiciary bears the responsiblity of articulating, within legally permissible bounds, the principles which govern the resolution of the disputes in a way that best serves Malaysian society.

It must be done in a way which will maintain the stability, coherence and consistency of the law. It is indeed unfortunate that criticisms over the verdict of Anwar's case should be aired without proper understanding of the judiciary's role. A judgment cannot satisfy every litigant, or his support group or members of the public who have an affiliation to one side or the other. The judgment is no more than the learned judge making findings of fact, categorising the facts presented in legal terms and deciding legal issues which, again, involve the weighing of factual considerations.

In a criminal case, for instance, it is the crime which carries the sentence and not the method of conducting the defence even by the best of lawyers. A person is only punished when his infraction of the law is proven beyond doubt and shown to be wilful.

Under our system, no one is given privilege. There is no discrimination. So all parties, irrespective of whether they are in favour of or against the Government, must uphold the system. If we do not have faith in our own judiciary system, it will be ruined and no one will believe in it anymore.

REMINDER:

Any constructive criticism and comment that would contribute to fair, frank and informed discussion on this posting to help achieve our national objective will be most appreciated. We need to have more open exchange of ideas on this sensitive but important subject in the context of the national vision and security.