Malaysia urges US not to interfere in Anwar case

PUTRAJAYA, Malaysia—Malaysia's leader urged the United States on Friday to respect his country's sovereignty by not meddling in its investigation into a sodomy accusation against opposition leader Anwar Ibrahim.

Prime Minister Abdullah Ahmad Badawi was responding to Secretary of State Condoleezza Rice's call for Malaysia to be transparent and to follow the rule of law in the case.

"I want to state this important point: We are a sovereign country," Abdullah told reporters. "We have our own set of laws. Whatever we do, we will make every effort to ensure this is consistent with the laws. ... That is what we do, and I hope people will respect us."

Anwar has rejected accusations of sodomy made last month by a male aide, claiming they were part of a conspiracy to keep him from seizing power from Malaysia's ruling coalition. Government leaders have denied trying to frame Anwar.

On Thursday, Rice told a news conference on the sidelines of a regional security meeting in Singapore that Washington wants to "see transparency and for the rule of law to be completely followed" in Anwar's case.

Rice dismissed Malaysia's claim that the case was an internal affair, saying the U.S. was "always going to speak up on human rights cases, political cases."

Malaysian Foreign Minister Rais Yatim said he told Rice in a subsequent meeting to "abstain from making untoward statements." But he added that the issue would not hurt bilateral ties.

The war of words began earlier this month when a State Department spokesman made similar comments about Anwar, provoking a letter of complaint from Rais to Rice.

Anwar, a former deputy prime minister, revived his political career in March when his three-party opposition alliance won 82 seats in the 222-member Parliament, the strongest performance ever for the opposition. He says he is close to toppling the government.

Have National Referendums On Sensitive Issues – The Voice Of the Majority Is Most Supreme

In Malaysia the prime minister is not chosen based on the national referendum or consensus, but by a lesser political set-up, the general elections where parties with the most number of seats in parliament are given the choice of naming the person to be the prime minister of the country.

by Mansor Bin Putih (Malaysia-Today)

There are many issues in Malaysia which are considered to be sensitive; they are those that deal with race, religion and education.

Unfortunately, many of those who take part in the debates on these issues have all neglected that their views may not represent the voice of the majority.

And any political party or coalition of parties may not have the ultimate say in making the decisions on these issues.

Everybody has valid reasons for not supporting the use of Bahasa Melayu as the medium of instruction for science and mathematics, and so on.

These views are mostly blinkered by one's biases. Most non-Malays will insist in using English, while many Malays will opt for Bahasa Melayu.

Even the description of Bahasa Malaysia which was agreed by the cabinet did not go down well with many Malays. And this was one of the reasons why the Malays had not voted or Umno or Barisan Nasional (BN) in the last general elections.

The non-Malay political analysts, however, did not think this issue to be a major one, like Islam Hadhari which was also the formost reason why many Malays and Muslims rejected Umno and BN in the same elections.

And as such no non-Malay political analyst worth his salt has ever mentioned these two factors.

Many think that the Hindraf issue was what had made the voters to go against the popular grain. But did the Malays and Muslims also supported this particular issue? I doubt it. They probably did not like it that the government or authorities had failed to demolish more illegal structures of all types.

The reason why I am writing this essay is to bring out the issue of the NATIONAL REFERENDUM.

Is this something strange to democracts and liberals? In other countries it is not. But in Malaysia, even the most liberal or liberals and the most democrat of democrats has not said anything about it. Why?

We all know that the ultimate way to find out if any issue, especially those sensitive ones could be decided upon more democratically and liberally is by having a NATIONAL REFERENDUM on them.

Unfortunately, in Malaysia, no one has ever offered such a proposal. Why?

The reason being, in such an exercise, the voice of the majority will prevail. And in the issues of Bahasa Melayu versus Bahasa Malaysia;

using of Bahasa Melayu for science and mathematics, etc, etc, will all be determined by the majority who in the case of Malaysia, are the Malays and Muslims.

If this is conducted, then we can know what the majority in Malaysia wants, and not just what the minority has been insisting all this while.

In any TRUE DEMOCARACY, the voice of the majority must be respected. This is despite the fact that there is going to be unfairness. This is DEMOCRACY. And if all Democracy-loving Malaysians believe in such a system or set-up, then they should surrender to the will of the majority who must be allowed to voice their opinions and choice using such a system.

Having an open debate on such issues, especially the sensitive ones cannot bring ultimate benefits to the people and country. It is ANARCHY AT WORK. And there are some individuals amongst the UNSEEN PUBLIC and the more vocal ones who are in the PUBLIC VIEW have been demanding that everybody else and the whole country listen to them.

Is this democracy? This is anarchy. They can voice their views on anything, including on the sensitive issues, but they cannot insist on having their way all the time. The decision rests not on how loud and clever one is on such issues, but must be made by the general consensus of everybody in the country.

And the best way to find out what the whole country wants is for the government to conduct a NATIONAL REFERENDUM so that we can get their common decision, in a NATIONAL CONSENSUS.

Are the so-called liberals of all strips and from all races in Malaysia, particularly Kit Siang, Karpal Singh and the others who blog as a way of life accept the VOICE OF THE MAJORITY that can only be determined in a NATIONAL REFERENDUM?

If they cannot do that, then they are NOT REAL DEMOCRATS or REAL LIBERALS. They are anarchists who do not believe in the VOICE OF THE MAJORITY.

Let's hear more of the NATIONAL REFERENDUM and NATIONAL CONSENSUS. This is the only way that we have to find a just solution and decision on any issue.

In Malaysia the prime minister is not chosen based on the national referendum or consensus, but by a lesser political set-up, the general elections where parties with the most number of seats in parliament are given the choice of naming the person to be the prime minister of the country.

In America, they allow the whole country to make such a choice by voting in their presidents. Therefore, the president in America is chosen by a NATIONA REFERENDUM OR CONSENSUS and not by his party, although the presidential candidates from the two major political parties, the Democratic and Republican parties find their own candidates for the post.

But ultimately, it is the American voters who pick who to be their president when even members or supporters of these two parties are allowed to choose any of the two candidates of their choice.

Yes, in Malaysia we have to talk more and more about the NATIONAL REFERENDUM and NATIONAL CONSENSUS as this is the best way for any issue, however sensitive can be decided, that will be accepted by the majority.

The views of those who write in the blogs and newspapers do not reflect the WILL AND DEMANDS OF THE MAJORITY.

Most of the majority do not voice their views on a host of things, including the sensitive ones; they keep to themselves. So we do not know what they feel. Many of them are uneducated and do not speak a word of English and who do not care for this language, since they have yet to be taken out of their cocoon in the villages.

Unfortunately, in Malaysia, it is this large group of people who are in the majority; and it is they - who are mostly the Malays - who are the REAL LEADERS OF THE LAND. And it is they whose views on Bahasa Melayu and the other issues we have to seek. Unfortunately, they also decide what is good for the country.

But sadly, they have all been neglected and have been left to their own device, while their land is slowly being taken away by the wealthy businessmen to expand their personal empires.

Let's talk more and more of the NATIONAL REFERENDUM and NATIONAL CONSENSUS and give back the VOICE OF THE MAJORITY back to the majority and let the minority who are mostly vocal and loud and too narcisistic, to continue to have their word in the blogs and newspapers.

Anwar’s police report in full

SHAH ALAM, July 1 — PKR leader Datuk Seri Anwar Ibrahim today lodged a police report against Inspector-General of Police Tan Sri Musa Hassan and Attorney-General Tan Sri Abdul Gani Patail alleging that they concocted evidence for his corruption and sodomy trials in 1998 and 1999.

Anwar arrived at the Shah Alam police headquarters accompanied by hundreds of supporters. After making the report, Anwar head for the PKR headquarters in Petaling Jaya where he held a press conference.

Below is Anwar’s police report in full:

POLICE REPORT LODGED BY DATO’ SERI ANWAR IBRAHIM
1st July, 2008

I, Anwar bin Ibrahim, (NRIC No: 470810-07-5095), hereby make the following police report based on information that I have recently received.

1. This report is in relation to the investigation into the assault on me by the former IGP Tan Sri Rahim Noor on 20 September 1998. I believe Tan Sri Rahim Noor, after being prosecuted, pleaded guilty to the assault. I had lodged a police report in respect of the assault on 27.9.98.

2. In relation to the investigation into the assault, I believe that the Investigating Officer ACP Mat Zain bin Ibrahim (now Datuk Mat Zain) had conducted a thorough investigation and prepared an investigation paper (“IP”) which was presented by October 1998 to the former Attorney General Tan Sri Mokhtar Abdullah and his team which included the current Attorney General Tan Sri Gani Patail for further action.

3. The said investigation paper concluded that Tan Sri Rahim Noor was the perpetrator of the assault on me. The said paper reached a conclusion after a thorough investigation which included medical reports by Hospital KL forensic specialists such as Dr Ab. Halim Haji Mansar and Dr Zahari bin Noor and statement from at least 60 witnesses. The medical reports concluded that the injury inflicted on me was consistent with an assault.

4. Despite the contents of the Investigation paper and the medical reports already available, Tan Sri Mokhtar with the assistance of the current Attorney General Tan Sri Gani Patail then obtained the services of another doctor whom I was informed to be one Dr Abdul Rahman Yusof.

5. Doctor Rahman in an undated and second report speaks of a “reconstruction of the scene” on 14 December 2008. I believe that this so-called reconstruction of the scene never happened.

6. It is an undisputable fact that Dr Rahman’s reports in relation to the assault on me were done without actually even examining me at any time.

7. However, despite the IP and the already existing medical reports, Tan Sri Mokhtar in his press statement of 5 January 1999 appears to accept the views of Dr Rahman on the so-called “inconsistencies” in the other medical reports by the doctors who actually physically examined me.

8. Tan Sri Mokhtar’s press statement also states that the investigation which had been carried out did not identify the person or persons responsible for my injuries. This is inconsistent with the IP which had already concluded by October 1998 that it was Rahim Noor who assaulted me. Tan Sri Mokhtar and his team therefore had wilfully misled the public. As the police investigation done by Mat Zain had apparently not led to any conclusion, there was a public outcry and demand for a Royal Commission which was then set up. Tan Sri Mokhtar also made a false statement that the IP was submitted to him on 19.11.98. I believe that Tan Sri Gani Patail had full knowledge of the false contents of this press statement.

9. I believe Tan Sri Musa Hassan and Tan Sri Gani Patail were present in Bukit Aman on 20 September 1998 and knew about the assault by Tan Sri Rahim Noor on me. Tan Sri Musa and Tan Sri Gani further concealed the fact of the assault on me from the public until my black eye and injuries were revealed in court.

10. I believe both Tan Sri Musa and Tan Sri Gani Patail were actively involved in the procuring of the second undated report by Dr Rahman which makes false and incredible conclusions such as “the pattern and nature of the injuries are not consistent with a direct blow”, “accidental nature of the injuries could not be ruled out” and “self-inflicted nature of the injury should be considered”. They gave the instructions to Dr Rahman to proceed to write this second report and were acting under the direction and/or jointly with Tan Sri Mokhtar Abdullah.

11. These facts show that Tan Sri Musa Hassan, Tan Sri Gani Patail and SAC II Datuk Mat Zain bin Ibrahim (who, according to Dr Rahman’s second report, accompanied him to the cell in Bukit Aman where I was detained and participated in the so-called reconstruction of the scene) conspired with Dr Rahman to procure the production of this second report. This was done so that my police report of 27.9.98 in respect of the assault would be regarded as a false police report for which I could be charged, or at the very least, to damage my credibility, so as to affect my defence in the other criminal cases where I was charged for so-called “corruption” and sodomy to facilitate a conviction.

12. I wish to point out that Tan Sri Gani Patail was the senior prosecutor assisting Tan Sri Mokhtar in the prosecution against me. Tan Sri Musa Hassan was the Investigating Officer for my prosecution. I also believe, that in an unprecedented manner, an operation room specially for my prosecution was set up at Bukit Aman’s compound where all these individuals would meet regularly.

13. This is not the first time that allegations of fabricating evidence had surfaced in connection with Tan Sri Gani Patail. I am informed that in the Federal Court decision Zainur bin Zakaria v Public Prosecutor [2001] 3 MLJ, Steve Shim CJ in delivering his judgment pointed out that “… was he not justified, on a prima facie basis, in complaining that Tan Sri Gani Patail’s conduct at the meeting on 2.10.1998 was an attempt to get Nalla to fabricate evidence in order to perfect charges against him for other alleged sexual offences?” The references to “he” and “him” in that sentence are references to myself.

14. In relation to the above, I refer to the following documents which will be of assistance to the police:
1. The press statement by Tan Sri Mokhtar issued on 5.1.99.
2. The notes of proceedings in the report of the Royal Commission of the evidence of Dr Rahman
3. The second undated report produced by Dr Rahman exhibited in the Royal Commission report.

15. I call for a fresh investigation into the fabrication of evidence in this case which I am advised is an offence contrary to section 192 of the Penal Code punishable up to 7 years imprisonment. I ask that all the persons who are implicated in the procuring of this second report by Dr Rahman i.e. Tan Sri Gani Patail, Tan Sri Musa Hassan, Dr Rahman and Datuk Mat Zain bin Ibrahim be investigated thoroughly so that the truth is known and the offending individuals punished.

ANWAR BIN IBRAHIM
1st July 2008

Malaysia to protest US statement

By THE STAR, Malaysia

KUALA LUMPUR: Malaysia will issue a note to the United States embassy to protest the country's statement warning against any "politically-motivated" investigation into PKR de-facto leader Datuk Seri Anwar Ibrahim.
Prime Minister Datuk Seri Abdullah Ahmad Badawi said this was because the statement was tantamount to an attempt by the United States to meddle in the country's domestic affairs.
"This is a statement which I perceive as an attempt to meddle in our administration. We have our own government, our own laws and our own enforcement.
"We know what we will have to do to ensure all due process in the law is implemented fairly and nobody is ill-treated or threatened. This is our objective and our practice.
"I will ask the Foreign Minister (Datuk Seri Dr Rais Yatim) to write a note," he told reporters Tuesday after meeting with Opposition Leader Datin Seri Dr Wan Azizah Wan Ismail at his office in Parliament building here.
The meeting had taken place following a police report lodged by Anwar's aide Mohd Saiful Bukhari Azlan, 23, that he had been sodomised by the politician.
Abdullah was commenting on a statement by Washington warning Malaysia against any "politically-motivated investigation or prosecution" into the sodomy case involving Anwar.
US State Department spokesman Tom Casey was quoted as saying that "it hoped there would not be a pattern" because Anwar had faced similar charges in 1998.
Abdullah said the statement by the United States seemed to indicate that the country was "prejudiced" against Malaysia and the enforcement of its laws, and that it was not appropriate for a country, which is one of Malaysia's largest trading partners, to issue such a statement.
"The United States seems to harbour prejudice against us. The Government will not intervene in any investigation. The team carrying out the probe are professionals and they know their duties.
"They know what's permitted of them and what's not," he said.
Earlier, in another press conference, Deputy Prime Minister Datuk Seri Najib Tun Razak said the police probe into the newest police case against Anwar "was never politically motivated".
"It has never been politically motivated at all. Washington had better get their facts right," he said.