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Sunday, July 27, 2008

Why Has Anwar Not Been Charged?

I have been reading material that suggests that the publicity on the police report against Anwar Ibrahim is having an impact, even within the Pakatan Rakyat. It would seem that some in PAS are concerned enough to have allowed for discussions with UMNO to have become, or be seen to have become, more nuanced. Karim Raslan suggests that Anwar Ibrahim’s refusal to swear on the Quran is making enough people skeptical

I am not sure how correct this is. My sense, and I have written this elsewhere, is that enough people see the current events as being a politically driven, opportunistic or otherwise, initiative aimed at weakening Anwar Ibrahim and the Pakatan Rakyat.

With all of this and more, the burning question for me is why is it that much drama later - from the highly publicized police report by the alleged victim to Anwar seeking refuge with the Turkish Ambassador to his medical examination – Anwar Ibrahim has as yet to be charged?
Considering the extent of the insistence by the Government as to there having been a basis for all that has happened, most importantly the taking into custody of Anwar Ibrahim, and the tremendous publicity given to almost every dimension of the entire sordid affair, there would be enough for the Public Prosecutor (the Attorney General) to have preferred charges already.

That is what I would have done if I was the person making the decisions (I can fantasize, small pleasures). I would have charged Anwar Ibrahim and asked for an early trial of the matter seeing as how Anwar Ibrahim, and everything that happens to him, is very much in the public interest. I would then have marshaled the evidence and presented it during the prosecution stage of the case. That would have served all interests, legal and political.

So, why hasn’t it been done? Could it be there that there is not enough to go to court on? Is the investigation aimed more at fishing than it is at forming a basis for a reasoned decision, one way or the other? Or could it be that the trial is already underway in the court of public opinion.

Judging by topical commentary, that seems to be the case. Everyone is going to town, it would seem, on Anwar Ibrahim. And, as much as Anwar Ibrahim may not draw the support of some, that is not fair. He is entitled to judged by way of a fair trial and not by way of a media frenzy.

As things stand, Anwar Ibrahim is innocent. He was acquitted of the earlier charge of sodomy. In law there is no question of factual guilt as opposed to legal guilt. His acquittal means that he was not guilty and the prosecution did not prove its case, no matter what some might say. As for the current allegations, they remain just that: allegations. Anwar Ibrahim has not even been charged, how can any one of us form the view that he did anything. The law applies equally to all.

Now can we get back to thinking about running the country ?



de minimis said...

Hear! Hear! There's been too much smokescreen but nothing of substance in the investigations surrounding the Anwar matter. But I fear that while no charges have been framed to date, Sivarasa's remark about the way in which the police forensics team swept Anwar's holding cell to gather whatever DNA material is very, very disturbing. Is it possible to plant such DNA evidence in bedsheets, carpet fibre etc from Saiful's apartment? Very, very disturbing indeed.

Anonymous said...

You are good !

Now go help the Family of Altantuya as the family of the Victim of a Murder, is paramount in Justice of whatever Religion, Culture, Ethnic even in atheist Communist country except the Malay-Judge in Shah Alam High Court !

Mr. Smith said...

Since this allegation was first made, I have met countless friends from all walks of live, men and women, Malays, Chinese and Indians and I have yet to come across ONE person who believes the government and the police. Everyone thinks it is a political conspiracy to derail his unstoppable advance to the seat of power.

Even my two dogs laugh when I mention this case to them. Yes, my two canine friends who guard my house.(sic)

Asking Anwar to report back to the police in one month's time adds more credence to this conspiracy. They have nothing to go on but to charge Saiful for making a false report.
The court of public opinion has handed down the verdict... Government guilty, Anwar innocent.

Only a moronic government will pursue with this case.

art harun said...

He has not been charged probably because the Glocal Malay leaders would like to have a Global settlement to all the legal shenanigans which have lately been occupying the nation, rightly or wrongly.
The universe - at a macro level - and nature on Earth -at a more micro level - is a great balancer of seemingly opposing forces which could potentially obliterate the universe (macro) and the Earth (micro) into spaceous dust. But at the end, these forces are tamed by each other in ways which are really hard to explain and understood, unless you are of course the author of the book on the Big Bang (macro) or Darwinian's Theory (micro).
In our current political scenarios, I believe all these legal thingy are but some forms of forces embroiled in a huge political blender machines, attracting gases and dusts and various opposing elements, slowly but very surely cooking itself into one humoungous political Big Bang.
After the Big Bang, all these things will settle and people will live happily ever after, again. That, of course, is until the next time when opposing forces build up again and the whole process kick starts all over again.

Crankster said...

If it matters any, I personally believe that the allegations were aimed at annihilating Anwar Ibrahim's career.

So far it hasn't worked, and not necessarily due to Anwar's diligence at responding to the allegations or the maturity (or lack thereof) with which he handled the entire fiasco.

The government is doing a splendid job of exposing their blithering stupidity and spectacular narrow-mindedness.

I personally believe Anwar is being framed this time. I may have had reservations about his leadership, but the government heavy-handedness is building up some sympathy I never knew I had for him.

Anonymous said...

The trial IS already underway in the court of public opinion. In anycase, there might be an alternative reason, that the government and AGC this time around is taking things slowly. From the way AAB is conducting himself it seems he's rather trying to disassociate himself with everything that happened 10 years previous. Otherwise there'll be no end to this.

Samuel Goh Kim Eng said...

How can there be a charge
When there's no real change
To what's claimed as a discharge
When it can't be done within the disputed range

(C) Samuel Goh Kim Eng - 270708
Sun. 27th July 2008.

Anonymous said...

Anwar has not been charged because there is not enough evidence to pin him down. No point for the govt to charge him, have the trial in court and then he wins. This of course assumes that the judiciary acts on its conscience and the facts of the case, not the political directives of UMNO. But then we know the judiciary is not fair. My hunch is that the govt wants to wear Anwar down in a war of attrition. But Anwar is no easy pushover. Expect this stalemate to drag on for several months, even years down the road, unless of course Anwar takes over the federal govt through defections in parliament or somehow UMNO implodes and self destructs.

KoSong Cafe said...

Tunku Aziz, the former Transparency International guy, had lost his objectivity by taking sides, dismissing all that had happened to Anwar as without basis. Just imagine all that meant nothing to him.

It was no coincidence that Wong Chun Wai echoed his views. So mainstream media is back in business of propaganda.

I wish Tunku Aziz's article is published in Malaysia Today and see what sort of comments he gets!

flyer168 said...

Dear Malik,

I would like to commend you on your many well researched & well written articles in your Unbiased Documented Blogsite.

You are a very learned & well respected "professional" & in time you will be in the league of the "True Towering Honourable Malaysians".

Had ALL our BN Leaders been Truthful, Honest & Sincere in Honouring their "Sworn Allegience" to our King, to "discharge their "Duties"with “Dignity, Honour & without Fear or Favour” to this great nation & the rayaat in the last four decades......

There would not have been the need for any "Protests, Petitions, or even the unnecessary murder of an innocent mother, the "Evolution of Bloggers" & SDs, kidnapping, etc.

To be a LEADER of this great nation, one has to STRIVE for it & face any CHALLENGES Personally, to EARN the "Respect and Support" of the members & rayaat.

This great nation & its Downtrodden rayaat seek nothing but the "Truth" from BN & their Leaders and Malaysia badly NEEDS “True Towering Malaysians Leaders” with the “Most Honourable & Incorruptible personalities“ to manage this nation with Dignity, Honour & without Fear or Favour” from any Quarters or Backers.

They must be “Powerful, Authoritative but FAIR”, also be Humble in person in discharging their “Principled & Unbiased” allegience and duties to this nation & its rayaat.

Just how many of our Politicians including our PM, DPM & any of the BN Politicians, Heads of our National Institutional Pillars, "Qualify" on the above Criteria which was established by our Bapa Merdeka, Tunku & his Cabinet?

Anonymous said...

simple..they just dont have the ground.


bayi said...

I am with KoSong in his opinion. I like to read Tunku Aziz's articles on Sunday but his latest article was an exception. I consider it very lop-sided.

Instead of asking Anwar to get on with his DNA test, he should ask the government to charge Anwar or else just SHUT UP! The government is one huge machinery taking on a small fry like Anwar, who's just and ordinary citizen with limited resources. And more importantly, Anwar is innocent until proven guilty. He is merely exercising his right not to offer a sample of his blood for the DNA test, and with very valid reasons.

What is the current opinion of trust in our government institutions? How much do we trust our judicial system? Our police?

The government should be made to declare their intentions if Anwar is not charged. This is a case of harrassing a citizen!

Unknown said...

today our government has no brain and no heart.

malaysia is in a deep shit right now...

Nostradamus said...

1. Anwar commit Sodomy? He can’t because you have to ask the wife.
2. Najib really did not know Altantuya cos he is also not a sodomizer. He likes it straight. Ask his sleeping partner.
3. It’s the truth, the whole truth, and nothing but the truth so said by every accused in any court of any land. Do you not believe in men when they swear in the name of God, Allah, Yahweh etc?
More facts at

mei1 said...

Pls check RPK's latest posting "Doctor on the run: police want him to fabricate evidence against Anwar" at for the reason.

He also suggests that "Civil society movements, NGOs and the Malaysian Bar Council must not remain silent. The police have already detained the doctor for three days but he still refuses to doctor his medical report."

What is your say?

Mr. Smith said...

Din Merican is real angry with his friend Tunku Aziz for damning article in the NST. And all of us should similarly condemn this two-faced monster.

Sometimes I have real difficulty understanding ‘intellectual Malays’ who sell their souls in return for promises of positions and perks. Tunku Aziz is just one of the many.

I have seen many Malays who switch parties and loyalty with a straight face - who sell their honour for a pittance.

(e.g. Tengku Razaleigh who condemned UMNO Baru when he was Semagat 46 president, Rais Yatim, Sharir Samad, Kassim Ahmad Of PRM who later joined UMNO, Asri Muda a former PAS president who joined UMNO and recently Ezam. There is one more clown called Ibrahim Ali.

‘And it were the ‘intellectual Malays’, who conspired with the cruel regime to demonize Anwar in 1998. It were intellectual Malays’ who humiliated Salleh Abas and emasculated the Judiciary.)

I will not be surprised if Tunku Aziz has been promised a fat reward and an overseas stint for this tirade against Anwar or rather against Morality and Conscience.

Even my dogs would not switch sides as these men have done. They are more faithful then these scums of the earth!

(Lest I be misunderstood, there were also several fine Malay intellectuals who helped form my Conscience.)

Pat said...

Have you noticed how so many preface their comments about AI with 'I'm not a fan ...' or something like that? Not just here, but in other blogs as well? Count me as another one! (AI better take note, if he ever makes it to become PM.)

But I see the man - whatever the political motives may be - and I feel that what is happening to him is wrong. If there is evidence, charge him. If there isn't enough evidence, say so, and let it be.

This way, public opinion has found him 'innocent' and his accuser 'a lier'. And this is not right.

Surely our laws are there not just to prosecute the guilty? Surely they also need to protect the innocent as well?

Anonymous said...

Sadly, i agree with chong.

Malik Imtiaz Sarwar said...

Mr Smith,

I think that unless there is evidence pointing to deals having been struck with Tunku Aziz, we have to give him the benefit of the doubt. The Anwar Ibrahim affair seems to be a very emotional issue for many, tied up as it is with the central question of where we are headed as a nation. Many cannot divorce discussions concerning Anwar from the question of whethert they want Anwar as a Prime Minister.

The fact that Tunku Aziz was prepared to put his view, such as it was and an unpopular as it may have been, is to his credit. Let us judge him only when have the material to judge him with.


Ah Chin said...

I have the impression the BN-Umno leaders are now looking up to Zimbawe and Burma as their role models to stay in power. If the despots of the two countries can ignore international pressure and deploy the instruments of state to continue to rule, why can't they do the same in this country? Just look at how they manipulate the court and suppress crucial evidence in the Altantuya trial, how they used brutal force to arrest DSAI, how they unjustifiably blocked opposition motions in the parliament, how they use the media to spin stories, you have no difficulty in seeing the path this government is taking. Like the rulers in Zimbawe and Burma, the BN-Umno rulers know that democracy and justice will cause them the power, and they will use everything in their power to subvert the two moral principles. The people of this country just have to brace themselves for a long-drawn battle against the power of incumbency. Like DSAI and many others, their spirit must not be broken.

Folk Doll said...

Dr Mohamed Osman examined Saiful but found no evidence that he had been sodomised, either by Anwar Ibrahim or anyone else for that matter. The doctor’s report (which can be viewed below) says that there is zero (0) skin tearing, zero (0) active bleeding, zero (0) traces of pus, etc., which basically means he can’t be suffering from a pain in the anus as what he alleges.

The doctor’s diagnosis is that he rules out or TRO (to rule out) assault (sodomised). In short: Mohd Saiful Bukhari Bin Azlan is not suffering any pain in the anus and neither was he assaulted or sodomised in the anus.



Anonymous said...

My simple-minded theory:
They are waiting for Anwar to make his 'come back to politics' move. Then they will put in the charge to put Anwar in jail without bail.
The trial will take forever. Meanwhile, other opportunists will come in to claim the trophy.

Donplaypuks® said...

He has not been charged becoz they don't have the evidence. It's as simple as that.

And all this 'swear on the Koran' biz is what you expect from desperados when they have nothing else to go on.

I have maintained from day 1 that it is a conspiracy - ever since the dpm back-tracked on when and why he met Saiful. You can forget your car keys or today's date, but not about THE IMPORTANT MEETING when you are heading for a press conference where you know you are going to be grilled.

Fresh elections, anyone? Sept 16th sound a an excellent choice, don't you think? Time for a new Perdana & Perdana Menteri perhaps.

flyer168 said...

To Ah Chin,

You said it & Here it seek further advice from his Mentor....


July 28, 2008 13:41 PM

Najib Arrives In Lusaka, Greeted By Energetic Africa Dance

From Abdul Muin Abdul Majid

LUSAKA, July 28 (Bernama) -- An energetic African dance greeted Datuk Seri Najib Tun Razak as the Malaysian Deputy Prime Minister arrived here Sunday night to attend the Global Southern African International Dialogue (GSAID) 2008 which Zambia is hosting this year.

Najib and his entourage, including his wife Datin Seri Rosmah Mansor, were met on arrival at the Lusaka International Airport by Zambia's Local Government and Housing Minister Silvia Masebo and other top officials.

The Malaysian leader spent some time watching the dance performed by a dance troupe to the beat of traditional African drums.

Present was Malaysian ambassador to Zimbabwe Cheah Choong Kit, who is also accredited to Zambia, Mauritius, Seychelles, Comoros and Malawi.

The GSAID withe the theme "Smart Partnership in Economic Development and Diversity" begins Monday at the Mulungushi Conference Centre here where discussions are expecetd to focus on issues such as food security, energy climate change and efforts to bring further development to the region.

Najib is scheduled to deliver a speech at the opening dinner Monday.


Anonymous said...

This illusory rimming episode, as the latest evidence indicates, has separated the men from the boys in terms of fair reporting. Whilst a few highly regarded columnists have succumbed to over enthusiastic reporting for reasons known to themselves, your reputation for candid, frank, erudite and most importantly independent and unbiased reporting remains intact. And I salute you for that.

Anonymous said...

Anwar has not been charged... yet because the investigation is still in process. Simple as that, no every thing needs to have a hidden motive behind it.