Malaysian Opposition Insists That Anwar Case Be Dropped
International Herald Tribune
January 15, 1999
Thomas Fuller

The leader of the parliamentary opposition called on the government Thursday to drop its case against Anwar Ibrahim after the trial judge ruled that two months' worth of evidence and testimony relating to the former deputy prime minister's alleged homosexuality was now "irrelevant."

Lim Kit Siang, head of the Democratic Action Party, said Malaysia's attorney general "should withdraw the four charges of corruption against Anwar or publicly apologize for deviating from the traditional prosecutorial standards and causing manifest injustice to Anwar after 10 weeks of trial."

The judge's decision — a major shift in the politically electrified trial — radically narrows the scope of the case and means that defense lawyers will not be given the opportunity to refute the allegations of sodomy and sexual misconduct lodged against Mr. Anwar by the prosecution.

Following the decision Wednesday to rewrite the charges against him, the government is now focusing on allegations that Mr. Anwar directed police to obtain written denials from two people who accused him of sodomy. But the truth or falsehood of those allegations is now irrelevant, the judge ruled.

Sodomy was the stated reason why Prime Minister Mahathir bin Mohamad dismissed Mr. Anwar in September.

Mr. Anwar and his lawyers were livid after the judge's ruling Thursday, which expunged, by defense estimates, 75 percent of the evidence adduced so far in the trial.

"They have achieved their aim to smear me, so now they amend the charges. This is Mahathir's justice," Mr. Anwar told reporters in the court.

Outside the courthouse, Mr. Anwar's wife, Azizah Ismail, said, "My husband is now disabled from denying the vile, baseless and false allegations made in court and which had been given wide publicity throughout the world."

Among the evidence now expunged from the trial is a semen-stained mattress, DNA test results and testimony by one witness that he was Mr. Anwar's "sex slave."

"They cannot bring in all this evidence to unfairly smear the accused and then now say it is not relevant," Mr. Anwar's lead counsel, Raja Aziz Addruse, said Thursday.

The judge overruled the objection and directed lawyers that sex-related evidence "be expunged from the records and not be considered by the parties." Defense lawyers said they were prepared to leave the court in protest during the tension-filled session.

"We were ready to walk out," one defense lawyer said. "All of us packed our bags." The lawyers relented when the judge reluctantly allowed the case to be adjourned for 12 days to give more time to the defense to prepare for the rewritten charges.

Given the narrowed scope of the trial, the defense believes it may be barred from calling such high-profile witnesses as Prime Minister Mahathir bin Mohamad and Finance Minister Daim Zainuddin.

"If we call these people, chances are that we will be blocked by the judge," the defense lawyer said. That could severely damage Mr. Anwar's defense. The former deputy prime minister claims he is a victim of a political conspiracy to remove him from office.

The renewed controversy over Mr. Anwar's case comes just as top officials in government appeared to want to put the issue behind them.

Mr. Mahathir reshuffled his cabinet last week, making key changes to ministries involved in Mr. Anwar's dismissal, beating and trial.

Mr. Mahathir also relinquished his long-held post as home minister, following criticism over Mr. Anwar's beating by the police, who fall under that ministry.

The government must hold elections before April 2000 but could call them within months, according to political analysts.

Mr. Anwar has refused to let up in his crusade against the government. He has unleashed a flurry of litigation against Mr. Mahathir, the police and the attorney general.

He has charged the government with not following proper procedures in dismissing him and has sued Mr. Mahathir and others for his beating in custody, which shocked the country and left him badly bruised.

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