MAHATHIR NOT RELEVANT - ARIFFIN JAKA

The court decision not to call Prime Minister Dr Mahathir Mohamad to give evidence in the sodomy trial of his ex-deputy Anwar Ibrahim is, to say the least, shocking. But those who have been following the case closely are least surprised, because they knew that the outcome was almost a foregone conclusion.

Mahathir had earlier used all means and power at his disposal to avoid appearing in court as a witness although he was subpoenaed to do so. He has been accusing Anwar on various occasions inside and outside the country of sodomy and other lewd sexual acts, ignoring the fact that by doing so he was deliberately and publicly shaming Anwar and his family. He was warned by the judge of contempt of court, but he ignored the warning not just because it was lame but Mahathir seems to have placed himself above the law. In Havana, he could not hide his anger and embarrassment when asked by a journalist if he would go to court. Like a true actor, he answered that he will go if the court finds his evidence relevant.

Mahathir intentionally ignored the subpoena, repeated his allegations on Anwar and repeated the issue of relevance. This is his way of almost crudely putting pressure on the court to decide everything his way. It has been clear in the past that no judge or commission would really dare to go against the judgements Mahathir passed by his repeated statements outside the court. Reading all the statement made repeatedly made by Mahathir, deliberately to force the court to decide in his favour, it is no wonder that many people have been able to make a correct prediction in this matter.

Unfortunately, a large segment of the general public had already lost their confidence in the judiciary after Anwar was given a sentence of six years after his first trial. Many things happening during his current second trial have further eroded public confidence. Now, with the decision in favour of Mahathir not going to court, public perception and confidence in the judiciary will slide further down, especially among the Malays. Mahathir may have won a battle now, but in the long run I have no doubt the Malays will ultimately vanquish him in the battle for survival.

Anwar has loudly stated today that he has been denied justice by Ariffin Jaka’s court. Many will agree and sympathize with Anwar. PRM not only shares these sentiments, but is also deeply concerned over the unhealthy direction that our courts are sliding fast into. If, after this, Daim Zainuddin follows to be freed from appearing as another witness in the Anwar sodomy case, then we fear that the credibility of the court is in the danger of being completely undermined. We plead that the Malaysian courts will not succumb to power and instead uphold the dictum that justice must be done and seen to be done.

Issued by:
Dr Syed Husin Ali
President PRM
21 April 2000