Friday 18 July 2008

What if? What if not? no gossip!

Anwar, Pak Lah and Malaysia will be on trial
Posted by Super Admin
Thursday, 17 July 2008

Leslie Lau, The Malaysian Insider
If Datuk Seri Anwar Ibrahim is charged for sodomy again, he will not be the only one in the dock.
On trial with him will be the Prime Minister Datuk Seri Abdullah Ahmad Badawi's proposed reforms.
Also facing sentence will be the justice and legal system. And most of all, Abdullah should know, the country will be on trial.
That is why his administration will have to go the extra mile in ensuring the case is handled by the book.
And further.
So far, the authorities have not been off to a good start. Public perception of Anwar's arrest yesterday was generally negative because of what was considered to be the high-handed way in which police detained him.
"I cannot believe the police would take 15 cars there to arrest one man. This is not 1998," an Umno MP told The Malaysian Insider, in comments which suggested rare bipartisan agreement that the police in Malaysia can sometimes be too heavy-handed.
After the arrest, the police took pains to explain they had done everything by the book.
But for now sympathy rests with Anwar, with most Malaysians hoping against a complete repeat of the incidents 10 years ago when the former DPM faced almost identical sodomy charges.
Except for the way the arrest was conducted, the police appear ready to go the extra mile.
Now that Anwar has refused to take a DNA test, presumably because he has no faith in the system and is arguing a conspiracy against him, the police are said to be prepared to have foreign experts brought in to examine him.
But it is if the case goes to trial that the government faces its biggest challenge.
Anwar's 1998 arrest and subsequent trials are considered to be among the lowest points of the Malaysian judiciary and legal system.
This time, Abdullah is in the midst of pushing through reforms to the judiciary and the legal system. The fragile judiciary could suffer a huge body blow from another Anwar trial.
In arguing conspiracy, Anwar has already accused the Inspector-General of Police and the Attorney-General, both of whom were involved in his arrest and trials 10 years ago, of fabricating evidence in relation to the assault he suffered while in detention then.
The Malaysian Insider understands that the Attorney-General's Chambers has already decided that the A-G himself will not be involved in the prosecution.
A Queen's Counsel from the United Kingdom has been considered to lead a prosecution team.
While bringing in a QC will not be popular, especially among more nationalistic quarters, it may well be the best bet in winning the battle of perception with a public inclined to believe that any trial involving Anwar will not be fair.
A special prosecutor could still be considered a compromise.
But whatever the choice, even if a conviction is secured with legally sound measures, the government could end up with a bloody nose.
To try to avoid that, the authorities must realise that this is not just about going by the book but about perception.

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