DAP calls for a Royal Commission of Inquiry into the  independence, impartiality and integrity of government institutions and officials in the handling of the Anwar Ibrahim case


Media Statement
by Lim Kit Siang  

(Petaling Jaya, Wednesday):  Today is the 36th day of the first of a series of trials  former Deputy Prime Minister, Datuk Seri Anwar Ibrahim is expected to face in the next few years.   If the authorities have their way, Anwar would be spending the new few years commuting between jail and the courthouse. The present trial is on four of the ten criminal charges involving corruption and unnatural sex  which had been preferred against Anwar.

Just before the present trial started before Justice Datuk Augustine Paul at the Kuala Lumpur High Court on November 2, the Attorney-General Tan Sri Mohtar Abdullah announced that Anwar would be charged with the new offenses at  the appropriate time.  He had then given  no details of the new cases but said evidence had been gathered.

With each passing day of what has been described as the "trial of the century", public credibility in the independence, impartiality and integrity of government institutions and officials have received repeated body blows and the greatest casualty in the Anwar trial of the century is probably public confidence in the institutions of government and democracy in Malaysia.

The latest example is the testimony by government forensic specialist Dr. Zahari Noor yesterday that there were no signs that  Anwar’s  adopted brother Sukma Darmawan Sasmitaat Madja had been sodomised, despite Sukma’s confession and guilty plea of such an act in April this year resulting in his six-month jail sentence.

Dr. Zahari, who examined Sukma on Sept. 9 this year, said under cross-examination that he concluded that there was no sodomy because there were no recent or old injuries on Sukma’s private parts.

Dr. Zahari’s testimony raises many disturbing questions which must be addressed at a larger public policy level because they go  to the root question of public credibility and confidence in the independence, impartiality and integrity of government institutions and officials.

Dr. Zahari’s statement that she examined Sukma on Sept. 9 has been confirmed by a sworn affidavit  made by Sukma on 10th December 1998 as well as a hand-written letter sent  earlier by Sukma from incarceration  to Anwar Ibrahim at Sungai Buluh Prison.

This is what Sukma said in his affidavit of December 10, 1998 in appealing for a High Court revision of his guilty plea to set aside his conviction and sentence:
 

The question that comes to mind immediately is why Sukma was charged in court on Sept. 19 for allowing Anwar to have unnatural sex with him in April the same year when the government forensic specialist who examined Sukma on Sept. 9 must have told the police that there were no signs that he had been sodomised.

In early November, Malaysians learnt of the chilling testimony given by Police Special Branch Director, Datuk Mohamed Said Awang of the secret Special Branch technique to get witnesses to change their stands - to "turn over" their positions and "neutralise" them.

Replying to  prosecution queries as to  what procedure was used, Mohamed Said said: ``It is known in the   Special Branch as a turning-over operation… The procedure is to turn them over so that they will  change their stand''.

The testimonies by the Special Branch Director and the forensic specialist, together with other revelations in the 36-day Anwar trial, have created a crisis of confidence in the independence, impartiality and integrity of government institutions and officials which must be addressed as a matter of public importance and urgency.

For this reason, DAP calls for the establishment of a Royal Commission of Inquiry into the independence, impartiality and integrity of government institutions and officials in the handling of the Anwar Ibrahim case to restore public confidence in the institutions of government and democracy in Malaysia - which is an issue  different and separate from the current Anwar Ibrahim trial and charges  in the courts.

(30/12/98)


*Lim Kit Siang - Malaysian Parliamentary Opposition Leader, Democratic Action Party Secretary-General & Member of Parliament for Tanjong