My predetermination of Datuk Seri Anwar's guilt or innocence was the day he took that flight to the Turkish Embassy.
Conspicuous, in this Sodomy II case, is the absence of the alibi witness testimony. At the outset his family and during the trial proper, lead council Karpal Singh had indicated as such.
"Datuk Seri Anwar Ibrahim filed a second notice of motion within a week at the High Court here and this time he wants the court to issue an order to interview 10 witnesses, including two Indonesian maids, whose names he had listed in his alibi notice."A wikileak cable below even cites the alibis as "solid".
In the application filed Monday morning via Messrs Karpal Singh & Co, Anwar named the two former Indonesian maids of Hasanuddin Abd Hamid, owner of the condominium unit where the incident allegedly took place."
"He urged the government to drop the case as "it is frivolous" and he has a solid alibi with supporting evidence and witnesses (reftel). Two of Anwar's lawyers provided us with details of the alibi, while noting that Anwar often held meetings at the location of the alleged incident (the apartment of a PAS party leader) and the police could likely find DNA evidence of his presence there."And it was even reported that,
"Malaysian opposition leader Anwar Ibrahim has an alibi showing that he was not present at a condominium when he is alleged to have sodomized a young aide, defense lawyers said Monday.Most distinctively and prominently, is the claim by Anwar that this trial is a conspiracy just as in Sodomy I by Tun Mahathir and now by PM Datuk Seri Najib, to end his political career.
Defense lawyer Karpal Singh said Anwar was in a meeting at another condominium at the time the sodomy is alleged to have taken place."
Even as of yesterday TMI reports,
"The former deputy prime minister said Najib wanted to end his political career and hopes of Pakatan Rakyat (PR) taking over the federal government."Never mind that the offence, was alleged to have been committed and Anwar duly charged, during former PM Pak Lah's administration and not Datuk Seri Najib's.
This Wikileak cable broaches both the alibi and conspiracy subjects.
What it clearly discloses though, are disconnections and inconsistency on the part of Anwar in the matter of conspiracy, in the present case.
C O N F I D E N T I A L SECTION 01 OF 03 KUALA LUMPUR 000563
FOR EAP AND INR
E.O. 12958: DECL: 07/02/2028
TAGS: PGOV PREL PINR KDEM MY
SUBJECT: ANWAR ON THE OFFENSIVE
REF: A. KUALA LUMPUR 557 - ANWAR TAKES REFUGE
¶B. KUALA LUMPUR 529 - DPM WIFE AT MURDER
Classified By: Classified By: Political Section Chief Mark D. Clark, re
ason 1.4 (b and d).
¶1. (C) Malaysia's de facto opposition leader Anwar Ibrahim
went on the "offensive" after emerging on June 30 from this
36-hour refuge in the Turkish embassy. On July 1, Anwar
filed a police complaint against the national police chief
and the Attorney General. He held a press conference and
later headlined a mass rally, using the podium to attack
Deputy Prime Minister Najib and his wife Rosmah, whom he
believes to be behind the current sodomy allegations. Anwar
will fight aggressively to stay out of jail, his lawyer said,
while the GOM's fear of public unrest reduces his risk of
arrest. Anwar's wife Wan Azizah met with Prime Minister
Abdullah to provide him with information on Najib's
connection to Anwar's accuser, and receive Abdullah's
assurances her husband would be treated fairly. Anwar is
urging a large turnout for a July 6 rally in Selangor, which
will kick off his national tour. Meanwhile, the police
formally classified the case against Anwar as "sodomy" after
receiving related medical reports. The sodomy case
highlights that the risks for Anwar from the political status
quo are significant and very personal, and provides impetus
for Anwar to move ahead more aggressively to try to topple
the BN government and stop Najib from becoming the next Prime
Minister. End Summary.
¶2. (SBU) Malaysia's de facto opposition leader Anwar Ibrahim
has gone on the "offensive," his associates tell us, after
emerging on June 30 from this 36-hour refuge in the Turkish
embassy after a junior aide filed a complaint of sodomy
against the former Deputy Prime Minister (ref A). Anwar, who
unofficially heads the Peoples Justice Party (PKR) and the
Opposition coalition (Pakatan) gave a short but emotionally
charged press briefing as he emerged from the Turkish
ambassador's residence, reiterating that the sodomy
allegation against him was designed to prevent him from
filing police reports against current Inspector General of
Police (IGP) Musa Hassan and Attorney General Gani Patail, as
well as to frustrate Anwar's political maneuvers.
¶3. (C) On July 1, Anwar lodged a police report at the
Selangor headquarters against the two men. The report
alleges the IGP and AG fabricated evidence against Anwar and
suppressed evidence supporting Anwar's claim that then IGP
Rahim Noor assaulted him while Anwar was in police custody in
September 1998. Police confirmed receiving the police report
and said they referred the case to the Anti-Corruption Agency
(ACA) for investigation. ACA Director General Ahmad Said
Hamdan said the agency would record statements from the IGP,
AG, and Anwar Ibrahim. One of Anwar's lead lawyers who
prepared the case, Sankara Nair, told polchief that Anwar has
copies of extensive police files from 1998 to back up his
Anwar: DPM, Wife, and Aide Behind Plot
¶4. (C) After filing the police report against the IGP and
AG, Anwar claimed, during a press conference, that the sodomy
allegation was part of a political conspiracy hatched by DPM
Najib, his wife Rosmah and Najib's aide Khairil Anas to keep
him out of power. Anwar added he has evidence that his
accuser, former aide Mohd Saiful, was in contact with police
chief Musa Hassan and Rosmah. Anwar reportedly referred to
Najib and Rosmah as "murderers," according to a source at the
scene. He urged the government to drop the case as "it is
frivolous" and he has a solid alibi with supporting evidence
and witnesses (reftel). Two of Anwar's lawyers provided us
with details of the alibi, while noting that Anwar often held
meetings at the location of the alleged incident (the
apartment of a PAS party leader) and the police could likely
find DNA evidence of his presence there.
¶5. (C) Anwar's lawyer Sankara Nair told polchief that their
KUALA LUMP 00000563 002.2 OF 003
team's investigations had concluded that Najib and Rosmah
were the principle actors behind the sodomy case, and Prime
Minister Abdullah was likely not involved. Nair provided
some details from their investigation. In addition to
damaging Anwar politically, Najib and Rosmah wished to strike
back believing Anwar was behind blogger Raja Petra's
sensationalistic affidavit that alleged Rosmah was at the
scene of the Altantuya murder (ref B).
¶6. (C) Nair noted that Anwar had been traumatized by his
brutalization in prison in 1998, and would do everything
possible to avoid going to jail during an investigation and
possible trial of the sodomy case. Absent a conviction, Nair
rated as minimal the chances that authorities would jail
Anwar because the government did not want to ignite major
street protests around the country. For the same reason,
Nair did not believe the government would imprison Anwar
without trial under the Internal Security Act (ISA).
Wan Azizah Briefs PM, Gets Assurances
¶7. (C) Anwar's wife Wan Azizah, PKR President and
Parliamentary Opposition Leader, met PM Abdullah at
Parliament on July 1 and briefed him on Najib and Rosmah's
connection to the sodomy allegations, including providing
Abdullah with supporting documents, according to a
conversation we witnessed between Azizah and Nair. She also
provided Abdullah with police reports that demonstrated the
AG and IGP's roles in suppressing evidence on the 1998
assault against Anwar. Wan Azizah sought and reportedly
obtained assurances from the Prime Minister that Anwar will
not be subjected to same treatment he received in 1998.
Abdullah later told reporters the government will not
victimize anyone with baseless allegations and dismissed
Anwar's contention the government would repeat what
transpired in 1998. The PM added the investigations into the
sodomy charge against Anwar would be handled with fairness
and professionalism. Wan Azizah commented publicly that
while she has some reservations, she would accept the PM's ass
urances and hold him to his word.
Anwar at Rally: Time to Boot out BN Government
¶8. (SBU) We attended a night rally organized by PKR on July
1 where the former DPM received thunderous applause from an
estimated 12,000 - 15,000 supporters. In his 90 minute
speech, a visibly angry Anwar berated the government for not
looking into the welfare of the people. He claimed, "they
are more interested in keeping me out of power." Anwar also
reiterated that the latest allegation against him was a
conspiracy hatched by DPM Najib, his wife Rosmah and Najib's
aide Kairil Anas to prevent the former DPM from wresting the
Federal government from the BN. "I'll be damned if I or
other Pakatan leaders were to allow this travesty of justice
to repeat itself." Amidst the shouts of "reformasi" (reform
slogan) from the supporters, Anwar stressed with his fist up
in the air, "the government can call me a Jewish agent, an
American agent or pro Chinese-Malaysian," but I will continue
this fight until "we boot the corrupted BN government
¶9. (SBU) At the rally, Anwar announced that he is embarking
on a "nationwide road show" to clear his name and expose the
conspiracy to keep him out of power. He urged attendance at
the kick-off event, an open-air rally to be held on July 6 in
Shah Alam, in opposition-held Selangor. (Comment: The July
6 rally was originally intended by Pakatan to demonstrate
against the increase in fuel prices, an unpopular move that
nonetheless has not sparked much public protest. End
Sodomy Case Moves Forward
¶10. (SBU) While Anwar went on the offensive, the sodomy case
against him moved forward. Police announced on July 1 that
the sexual assault report against Anwar involved sodomy.
This is the first official confirmation of a formal police
investigation, and followed police receipt of the alleged
victim's medical exam. Police investigation units also swept
through the condominium where the assault allegedly took
place. Anwar's legal team announced they had yet to receive
KUALA LUMP 00000563 003.2 OF 003
the police report against their client despite several
requests. The police also have not yet called Anwar to
provide a statement. Police officials have not indicated if
or when they would provide the dossier to the Attorney
General's Office for a decision on possible prosecution.
¶11. (C) A visibly angered Anwar is on the offensive and
focused more clearly than ever on Najib, the presumptive
future Prime Minister, as his primary adversary. A small
sample survey by the Merdeka Center found that only 10
percent of respondents believed the sodomy allegations to be
valid, indicating Anwar may be able to capitalize on public
sympathy to generate renewed momentum for his Opposition
campaign to topple the BN government. The sodomy case
highlights that the current risks for Anwar are significant
and very personal, and provides new impetus for Anwar to try
to move ahead more aggressively. The political status quo
leaves Anwar highly vulnerable, a situation that would worsen
should Najib succeed Abdullah.
Patently, coming out of the Turkish Embassy, Anwar reiterated the sodomy investigation were "designed to prevent him from filing police reports against current Inspector General of Police (IGP) Musa Hassan and Attorney General Gani Patail".
How can any investigation prevent Anwar from filing any report?
Also in that "emotionally charged press briefing as he emerged from the Turkish ambassador's residence", it is mentioned "as well as to frustrate Anwar's political maneuvers".
Nathaniel Tan's posting on jelas.info Jun 28 2008, Anwar accused of sodomy again: "Coincidental" Timing? Or did Anwar have the 50 MP's he needed?
"Is it not the height of desperation to have the most ludicrous of accusations against Anwar, already recently proven in court to be absolute bullshit, resurface at a time when: a) he has publicly declared that he has the MP’s he needs to form the government b) SAPP has just made their declaration c) BN’s popularity is at its lowest levels in history d) RPK made a statuary declaration about Rosmah being at the scene of Altantuya’s murder e) A big anti fuel hike protest was set for 6th July."Note that from the time the police report was made known 28 June 2008, up to the time of his emergence from the Turkish Embassy on 30 June, it was for all intent and purposes as accused by Anwar, an attempt to prevent him and the Pakatan Rakyat from taking over the Govt.
Bloomberg report 29 June 2008,
"Malaysian opposition leader Anwar Ibrahim said a police report accusing him of sodomy is a 'complete fabrication' designed to halt his challenge to the government in the same way a 1998 charge led to his imprisonment."There was never any mention of Datuk Seri Najib involvement in the affair.
Logically, if that were the case at that point to "frustrate Anwar's political maneuvers", it is Pak Lah who should be culpable.
Being elected MP in Permatang Pauh and appointed opposition leader the very next month of August 2008, preventing Anwar's political ressurection in short space of 1 month, makes nonsense of his accusation.
In fact, Anwar would go on to claim in September,
"At Pakatan Rakyat’s 45th Malaysia Day celebration yesterday, Anwar said he had sought a meeting with Prime Minister Datuk Seri Abdullah Ahmad Badawi to discuss a smooth transition of power."But then, Sankara Nair's investigation team had concluded "that Najib and Rosmah were the principle actors behind the sodomy case, and Prime Minister Abdullah was likely not involved."
This is amply supported by "Anwar's wife Wan Azizah, PKR President and Parliamentary Opposition Leader, met PM Abdullah at Parliament on July 1 and briefed him on Najib and Rosmah's connection to the sodomy allegations, including providing Abdullah with supporting documents, according to a conversation we witnessed between Azizah and Nair.
Pak Lah, "The PM added the investigations into the sodomy charge against Anwar would be handled with fairness and professionalism".
To which "Wan Azizah commented publicly that while she has some reservations, she would accept the PM's assurances and hold him to his word".
It follows then, if Datuk Seri Najib and Datin Rosmah were the "conpirators" then Pak Lah is also a "co-conspirator", having being briefed and provided supporting documents of the "conspiracy".
However, nowhere in Anwar's statement from the dock is there any mention of Pak lah and the "conspiracy" placed solely on Datuk Seri Najib.
"This entire process is nothing but a conspiracy by Prime Minister Dato’ Seri Najib Razak to send me into political oblivion by attempting once again to put me behind bars."By the same token of that statement from the dock, Pak Lah must have kept his word that the investigations into the sodomy charge against Anwar would be handled with fairness and professionalism. Otherwise he would have, at the very least, been cited as a part of that "entire procces".
*The Sodomy II trial began in March 2009. Datuk Seri Najib was appointed PM in April 2009.
*All emphasis are my own.