Freedom for Anwar and Justice for Altantuya’s Family

February 4, 2015

by Zaid Ibrahim

http://www.zaid.my/current/february-10/

February 10 is an important date for this country. That is the day Datuk Seri Anwar Ibrahim will know if he is going to be a free man or if he will be incarcerated for sodomy for a minimum of five years.

The way the verdict goes will tell the world a few things about Malaysia. That’s the reason I have urged my friends from Kota Bharu to come to the city to witness this important event. The night before that, they will have an opportunity to hear Anwar speak at a rally in Putrajaya.

If the case is acquitted (as I hope it will be), then it means the justice system upholds the basic tenet of giving the benefit of reasonable doubt to the accused. Much has been made about why Anwar’s alibis did not materialise or why he elected to give his statement from the dock and not under oath. But those are his choices and he has a right to make them. We may draw any inference from them that we want but they do not amount to evidence against him.

The primary evidence, on the other hand, is all in tatters. The DNA samples were tampered with, although some will point out that what was tampered with or torn was just the plastic bag the samples were kept in and not the samples themselves. Well it’s clear that the person who was responsible for this tampering was a policeman investigating the case, and not a chemist or someone not involved with the prosecution. I hope the judges will view the investigating officer’s conduct with suspicion and draw an adverse inference on this point and release Anwar Ibrahim. A good criminal lawyer can give other valid reasons why he should be acquitted.

If it’s a guilty verdict, then I would say this country is ripe for a political tsunami once again. For the first time since independence, we would be sending someone to prison for five years for what is a moral offence, at best. How can we condone that, and then feel no revulsion over the way Altantuya Shaariibuu was murdered? How can we feel no necessity to explore the motives behind the heinous killing?

I applaud DAP for at least making some effort to highlight the importance of a public inquiry into her murder. It can reveal to us how the system of government operates, as well as how the police and our justice system will manage such cases— where there is some connection to top leaders—in future. Understanding what happened to Altantuya holds the key to understanding many things that are wrong with our country.

In this regard, I would not waste time waiting for Parliament to agree to such an inquiry. It’s best that we secure several retired judges as members of a public inquiry panel to examine the case in greater detail. It’s unlikely that any key witnesses will come forward with any new information, and this panel will not have the powers to compel attendance. Still, such an inquiry can help lift, even if only slightly, the cloak of secrecy that engulfs our Government.

For example, the Registrar of the Court may be unwilling to explain why the first judge that was appointed to hear the Altantuya case was changed. But a retired Registrar somewhere may be willing to explain how judges are allotted to hear cases, under what circumstances they can be changed and by whom.

We can also call retired police officers who might be willing to volunteer other relevant information, such as when commandos like Azilah and Sirul are used. They can explain to us the chain of command and who the bosses are. We can also understand better how explosives like C4 are kept and who can authorise their use.

Let’s not forget the Immigration Department: we might be able to get retired immigration officers who are willing to explain under what circumstances immigration records can be deleted and who can make such an order.

I am sure Sirul will volunteer, or that his lawyers will be able to enlighten us of the information his client will allow us to know. I am sure the wife of private investigator P. Balasubramaniam knows a thing or two. The fearless Amerikh, the late Bala’s lawyer, will also be eager to attend and can give some juicy tidbits about Tan Sri Cecil Abraham’s conversations with him.

Critics will say that this inquiry will only be able to unearth hearsay and double-hearsay. They will label it all rubbish speculation to a straightforward murder. It’s true that such an inquiry may not reveal the whole truth or bring us any closer to know the motives or circumstances of Altantuya’s murder. But the inquiry is not aimed solely at discovering what happened to Altantuya; more importantly, it’s to show that the secrecy by which this Government operates will not be tolerated by the people of this country.

It’s an opportunity to show that there are enough Malaysians who are willing to stand up to accomplish this. If the people of this country have the conviction to want a democracy, transparency and accountability, and feel enough revulsion for the current secret style of governing, then Altantuya would have contributed immensely to the cause.

Let’s not let her death be in vain. Let’s have a public inquiry funded by the public for the benefit of the public, so that one day we will have a Government that is willing to explain anything strange that may happen. At the moment they do not have to, because we the people tolerate secret operations and a secret system of government!