Anwar Trial Exposing Government Secrets : Malaysia, Warts and All
International Herald Tribune
December 28, 1998
Thomas Fuller

When Anwar Ibrahim, Malaysia's ousted deputy prime minister, was first brought to court two months ago on corruption and sodomy charges, there were calls from across the political spectrum for a fair and open procedure. Malaysia was on trial, politicians and columnists said, as much as Mr. Anwar was.

But after 33 days of testimony, one question is increasingly being put: Can a developing country like Malaysia — one in which information has long been tightly controlled — handle the scrutiny of a trial that lays bare the inner workings of its government?

The trial is reported nightly on the television news and is featured almost every day on the front pages of newspapers here, offering an unfiltered and unprecedented view of the upper echelons of power. The case has featured the names of top officials, among them close allies of Prime Minister Mahathir bin Mohamad, who dismissed Mr. Anwar in September after a year of acrimony between the two men. Witnesses have told the court how they were awarded government contracts, an often-opaque process in Malaysia.

Put simply, the trial of Mr. Anwar is shaking the foundation of government. And lawyers, political analysts and the police say they are concerned about collateral damage.

"What is hurting most now in Malaysia are the institutions of democracy and government," said Rustam Sani, a lecturer at the University of Malaya. "They are nascent, still being built: the judiciary, the police, the civil service, the political parties. It will take some time until we can have confidence in those institutions again."

Perhaps the best indicator of the heightened sensitivity surrounding the court case and the possible damage to the government is the issue of a politically sensitive audio tape that was introduced in court Wednesday by Mr. Anwar's lawyers. The tape is a conversation between a key prosecution witness, Ummi Hafilda Ali, and a businessman, Sng Chee Hua. It includes references to the country's top politicians.

When defense lawyers read aloud extracts of the taped conversation in court Wednesday, Miss Ummi, who was on the witness stand, turned pale. Less than an hour later, the judge banned the press from publishing any of its contents until further notice.

That night Mr. Sng was called to police headquarters for questioning, a move that defense lawyers protested in court on Thursday.

"Your Lordship should make a statement condemning the act of the police," Raja Aziz Addruse, the lead lawyer in Mr. Anwar's defense team, told Judge Augustine Paul.

"I cannot condemn the police for carrying out their lawful investigation," the judge replied.

Defense lawyers have urged the judge to allow the press to publish the contents of the tape, which they believe backs up their assertion that Mr. Anwar is a victim of a government conspiracy to remove him from office.

As for Mr. Sng, who made the tape, defense lawyers say it is unfair for him to be questioned by the police immediately after his name was mentioned in court.

"The investigation should be completed before a person is charged, not charged and then investigated. Right?" a defense lawyer, Gurbachan Singh, said outside the courthouse Thursday. Prosecution lawyers defend the police questioning of Mr. Sng, saying that investigations in Mr. Anwar's case are ongoing.

Many lawyers involved in the trial say that the prosecution will turn the case over to the defense shortly, after they are finished questioning Miss Ummi, their 17th witness. Once the prosecution is finished calling witnesses, the judge will decide whether to continue with the trial or dismiss it.

In trying to prove their case against Mr. Anwar, the government has exposed some harsh techniques used by police to interrogate witnesses.

The former deputy prime minister is charged with ordering the police to obtain a written confession from Miss Ummi and one other person to deny his alleged sexual misconduct.

The government has called in police officers to testify as to the way they "turn over" witnesses — changing their stands in all-night interrogation sessions — and how they create a "climate of fear."

In the context of the trial of Mr. Anwar, who was brought to court badly beaten in October, some Malaysians have found the testimony chilling.

The prosecution also called a man who said he had been sodomized by Mr. Anwar and produced a mattress, allegedly stained with semen and taken from an apartment that the prosecution says Mr. Anwar visited frequently. The mattress has remained in the courtroom, propped upright near the judge.

If convicted of the corruption charges, Mr. Anwar, 51, faces a maximum sentence of 56 years. Once this trial is over, he faces sodomy charges, and the attorney general has indicated that additional charges can be filed against him.

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