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Analysis »

Anwar's lawyers appeal for his corruption conviction to be overturned

Producer: Melanie Yip
First broadcast: 6 September 04, Radio Singapore International

Days after his sodomy conviction was overturned by the Malaysian Federal Courts, lawyers representing former Malaysian Prime Minister, Mr Anwar Ibrahim are appealing against his corruption conviction.

Mr Anwar Ibrahim was arrested and jailed in 1999 over allegations of sodomy and corruption. The sodomy charge has since been overturned.

But what was the precise nature of the charges that brought about Mr Anwar's corruption conviction?

A question Melanie Yip put to Professor Shamsul Amri (SA) from University Kebangsaan Malaysia.

SA: Well, he was charged for abusing power, in the process of investigation for his sodomy case. At that time, he apparently seeked the support of the police, and also some others to clear his name during the investigation. The charge was brought about due to his alleged abuse of power to clear his name, vis-a-vis the sodomy charge.

What is the possibility of Mr Anwar Ibrahim's corruption conviction being overturned this time round?

SA: Well, I do not know exactly how that could be overturned because this case differs from the sodomy charge, the evidence presented was stronger, clearer, and they received the information from a variety of sources. So the sodomy charge was quite different, from what I can remember.

Mr Anwar has already served six years in prison. Was the prison term solely for his sodomy charge, or did the prison term include corruption charges as well?

SA: The prison term was basically concurrent for both, but now, the sodomy charge is overturned so it is scrapped. So what is left is the prison term for the corruption charges.

If Mr Anwar's appeal to overturn the corruption charge is successful, what happens then?

SA: Well, if he were to win this case, or his appeal is accepted, then all the charges and whatever jail term he has served will equate to none. Therefore, he is back to his original political position immediately, almost immediately. That means, he will have no record of being in jail, so I do not know if he can ask for compensation, but I have rarely heard of people asking for compensation as a result of being wrongly charged or convicted.

However, if Mr Anwar's appeal to overturn his conviction for corruption fails, it will result in little change for the political landscape in Malaysia,

Says Dr Kamarulnizam Abdullah (KA) of the Strategic Studies and International Relations Department at the National University of Malaysia.

KA: I think that if the appeal for corruption charges to be overturned fails, it doesn't change the political landscape, and current situation, whereby first, Anwar Ibrahim will be barred from standing from any position in politics for the next five years. I do think it applies to the next ten years because usually elections in Malaysia are called early. The next election will be in 2008, and usually the government will call it early, and most probably one year early. Second thing is Anwar will assume a different role if his appeal fails, he will likely become a man behind the scenes, especially for the opposition party, like Keadilaan, and maybe for PAS (Parti Islam SeMalaysia).

If we flip to the other side of the coin, if Mr Anwar's appeal to overturn the corruption charge is successful, what happens then?

KA: Then, there are two possibilities. First, we need to take into account his health situation. If his health does not permit him to be active in politics, then there will be no change and the current situation maintains. The second situation is if his health situation permits, he will be able to enter politics actively, and will change the political landscape of Malaysia politics. He will be a vibrant and strong contender in Malay politics. I'm not sure whether he will join Keadilaan or PAS because the current situation is still unclear. I'm not sure whether he can unite PAS and DAP into one opposition front, because if you look at the history behind DAP and PAS, the DAP rejected the notion of an Islamic state proposed by PAS. But it is something that UMNO had to think about if the conviction is overturned by the appeal court tomorrow. It should not worry Prime Minister Abdullah because he is in a strong, solid position in the country, he won by a landslide in the last General Election. But it is something that other leaders of UMNO, those who have the ambition to be at the top of UMNO. If these leaders would like to lead UMNO, then they will have to face competition from leaders who have the charisma, and have great support from the younger generation.

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