The rebuttal against Anwar Ibrahim

Anwar Ibrahim Is A Convicted Criminal

His Allegations and Lies Must Be Exposed

Why Now The Alleged Video Tapes?

Starting Point

In any debate or discussion concerning Anwar Ibrahim, the starting point must be:

Anwar is a convicted criminal. This is the undisputed fact. Even if he is pardoned in the future, the fact remains that in such an event, he was once a convicted criminal.

Therefore any attempt to undermine the Judiciary by this convicted criminal must be seen as a desperate attempt to overturn his conviction. No other convict in the History of Malaysia has been given more chance to prove his innocence. Yet, he has been convicted by the Highest Court in Malaysia.

Anwar was convicted by the High Court of Malaya, and the conviction was upheld by the Court of Appeal and the Federal Court. A second Federal Court refused to review the conviction. All together ten judges, one High Court, three Court of Appeal, six Federal Court judges were of one mind that he was rightly convicted. He was convicted of very serious offence – for corruption.

1. The Offence of Corruption

Anwar Ibrahim, after he was dismissed as the Deputy Prime Minister and Minister of Finance was charged with five counts of corrupt practice under section 2(1) of the Emergency (Essential Powers) Ordinance No 22 of 1970 (the Ordinance), on 5th October 1998.

The Prosecution elected to proceed with four charges under section 2(1) of the Ordinance and applied to the High Court for the four charges to be tried together. The defence did not object.

Anwar was found guilty on all four charges, as amended at the close of the prosecution case, by the High Court. He was convicted and sentence to six years imprisonment on each of the amended charges, the sentences to run concurrently, to take effect from the date of conviction.

On appeal to the Court of Appeal, Anwar’s appeal against conviction and sentence was dismissed by the Court of Appeal. He then appealed to the Federal Court.

Judgment of the Federal Court

Anwar submitted 33 grounds for appeal. But his appeal was dismissed. The Federal Court held inter-alia:

1) The trial judge had considered in detail the law relating to the meaning of “corrupt practice”. The Federal Court would agree with his definition of “corrupt practice” under section 2(2) of the Ordinance and its application to the facts of the case.

Section2(2): “corrupt practice” means any act done by any member or officer referred to in sub-section (1) in his capacity as such member or officer, whereby he used his public position or office for his pecuniary or other advantage.

2) The words “other advantage” in section 2(2) of the Ordinance are not to be read ejusdem generic with the word “pecuniary”. There was evidence on record to show that the Anwar had obtained an advantage in respect of all four charges against him. The evidence was also clear that the advantage obtained by him was in respect of the use of his public position as Deputy Prime Minister and Minister of Finance and not in his personal capacity.

3) The trial judge considered the evidence given by the witnesses in considerable detail with reasons for his finding. An appellate court should be slow to disturb the finding of facts of the lower court especially where there are concurrent findings of facts by two courts as the situation in the instant case (i.e. High Court and Court of Appeal).

4) The trial judge had considered the defence in detail and he did not err in his appraisal of the evidence and he was correct to find Anwar guilty as charged.

Judgment of the 2nd Federal Court

In 99.9% of cases, when an appeal reaches the Federal Court and is determined, the legal process ends, be it an acquittal or the conviction being upheld.

But Anwar was given “another bite of the apple”. He made an application to the Federal Court to review the said conviction and sentence on the ground that there were fresh evidence which was not available at the time of the trial, and if allowed would affect the trial.

The Federal Court held that the facts revealed that the “new evidence” referred to in the application is not evidence that was not available at the trial. As a matter of fact the court held that Anwar was fully aware of the existence of such evidence. The trial judge had in fact rejected the evidence as being irrelevant. The Court of Appeal and the Federal Court upheld the trial judge finding in regard to this “new evidence” as being irrelevant.

The Federal Court found that the application by Anwar was an attempt to re-litigate the issues which had been conclusively settled. To allow the application would be against the fundamental principle that the outcome of litigation should be final.

Anwar Ibrahim and all his barking dogs are insinuating that each and every Judge involved in this case of corruption is a corrupt judge. This is a most serious defamation. And the Judges cannot defend themselves in the public domain.

Yet now, once again, Anwar Ibrahim, the convicted criminal is trying to challenge his conviction by resorting to the alleged scandal of the alleged “VK Lingam Tapes.”

This is an act of desperation and an insult to the reputation of the said judges, especially the late Tan Sri Abdul Malek Ahmad, who was the former President Court of Appeal. To cast aspersions on a dead man is cowardly and despicable. And Karpal Singh has the audacity to call for a revision of all the judgments.

The perverse logic of Anwar Ibrahim and his barking dogs is that when judges convict him of an offence, they are corrupt and unworthy. Only judges who acquit him are honest and fair.

In the circumstances, should Anwar Ibrahim and his bunch of die hard be perceived as having under their control those judges who acquitted him?

If we are to adopt his reasoning, one cannot but come to that stupid conclusion. This is because these idiots have said that the judges who have handed down the convictions are under the thumb of the Government. Surely, following their reasoning the converse must also be true. In the result, all judges are corrupt. A blanket condemnation! And we are to follow him like sheep for the slaughter.

Go through each and every mass media article on the alleged corruption of the Judiciary in recent months. It invariably veers off to the issue of Anwar Ibrahim’s conviction. The entire judiciary is undermined to serve one purpose and one purpose only. To enable Anwar Ibrahim, the convicted criminal to usurp power and be the tool of foreign powers.

This so called Muslim is in cahoots with the war criminal Paul Wolfowitz who have slaughtered million of Muslims all over the world, specifically, Palestine, Afghanistan, Iraq, Indonesia and in Southern Thailand. Mr Wolfowitz gave Anwar Ibrahim a job in the USA, makes him a Chairman of a Foundation in which Wolfowitz girlfriend is the head honcho and who abuse the World Bank funds to finance his sexual appetite and was removed from the World Bank. This is Anwar Ibrahim’s friend and ally!

2. The Offence of Homosexual Activities

The Federal Court on September 2, 2004, by a majority decision of 2:1 acquitted Anwar on the charge of committing carnal intercourse against the order of nature – sodomy.

He was acquitted essentially on the grounds that it was unsafe to convict him mainly on the evidence of the complainant, one Azizan who the court held was an accomplice and therefore his evidence must be corroborated by other witnesses that he was sodomised on the dates that he complained of.

However, it is interesting to note that the majority decision of the Federal made a finding that:

“The testimonies of one Dr. Mohd Fadzil and one Tun Haniff and the conduct of the first Appellant (ie Anwar) confirmed the appellants’ involvement in homosexual activities. However such evidence did not corroborate Azizan’s story that the appellants sodomised him on the date, time and place specified in the charge.”

Additionally, the majority also held:

“even though reading the appeal record, we find evidence to confirm that the appellants were involved in homosexual activities and we are more inclined to believe that the alleged incident at Tivoli Villa did happen, sometime, this court, as a court of law, may only convict the appellants if the prosecution has successfully proved that the alleged offences as stated in the charges, beyond reasonable doubt.”

However, we should note the minority opinion:

“It will be too high a standard to require that in sexual offences no case can be made out if it is solely on the evidence of a complainant or a participant to the act. At the end of the day it is the credibility of the witness that matters and in these appeals, the learned judge correctly appreciated that position.”

Mischevious Allegations Against the Judiciary

Anwar Ibrahim has made sweeping allegations against the judiciary without offering any evidence of impropriety or otherwise. And lawyers are blindly echoing his accusations.

I demand the Bar Council and those lawyers who have made accusations to furnish concrete evidence or else shut up!

We should also challenge Anwar Ibrahim and all his barking dogs to prove which of the ten judges in the above proceedings were partial, corrupt, under the influence of the administration and or have misconducted the proceedings, namely:

1. Justice Augustine Paul (High Court) – presently Federal Court Judge

2. Justice Lamin ( former President, Court of Appeal)

3. Justice Ahmad Fairuz Sheikh Halim, Chief Justice of Malaya

4. Justice Mokhtar Sidin (Court of Appeal)

5. Justice Mohamed Dzaiddin, former Chief Justice of Malaysia

6. Justice Steve Shim, former Chief Justice of Sabah & Sarawak

7. Justice Haidar Mohd. Noor, former Chief Judge, High Court of Malaya

8. Justice Abdul Malek Ahmad, former President Court of Appeal

9. Justice Siti Norma, former Chief Judge, High Court of Malaya

10. Justice Alauddin M Sheriff, Chief Judge High Court of Malaya

For far too long have they been getting away with baseless accusations. If they have evidence, have the guts to come forward and lodge the relevant police reports.

But they are cowards of the first order, hiding behind vague accusations and pious statements.

There is now another attempt to cast aspersions on the judiciary.

Being a convicted criminal for corruption, Anwar Ibrahim’s allegation of judicial corruption is spurious to say the least.

Anwar Ibrahim Should Be Charged for Tampering Evidence

Anwar Ibrahim, the convicted criminal recently called a press conference exposing an alleged video recording of a senior lawyer having a conversation with an alleged judge.

He stated that the original video recording was approximately 14 minutes but has been reduced to approximately 8 minutes so as to protect the source of the said video recording. [1]

On this “evidence, his followers went to town and demanded their “pound of flesh.” The Bar Council call on the members of the Legal Profession to march from the Federal Court to the Prime Minister office, without once considering that they have by their conduct condemn several people without due process.

Yet Anwar Ibrahim wants due process to be accorded to him, even after the Courts have upheld his conviction.

This is the perverse logic of the convicted criminal and his emotional followers.

Tampering of Evidence

The evidence, if there is any is the original video recording. The edited version, by law is evidence which has been expressly admitted as having been edited and is therefore not the primary and original evidence. It is tampered evidence.

Yet the public is called upon to accept without reservation the truth of the said edited and tampered video recording as being conclusive of the allegations spewed out by the convicted criminal.

Anwar Ibrahim and his accomplices must be charged for tampering with evidence. They must on pain of prosecution disclose their source, failing which their integrity must be questioned.

This is a matter of the highest principle. As otherwise, anyone can make an accusation or allegation based on edited or tampered evidence or without disclosing the source and the victim of the allegation is then subject to public condemnation and ridicule – trial by the tabloids.

This is extremely dangerous.

To those who oppose my stand on this issue, let me use a simple analogy and I hope that those who oppose me will not be a victim of such scams.


Suppose, a man came up with a video recording of a well known blogger/ journalist raping a woman. The video recording is 14 minutes but was reduced to 8 minutes. The recording is not too clear, but it does suggest that it is a well known blogger/journalist.

Alternatively, the video recording is that of a well known CEO.

I am giving you a choice to decide whether it is a blogger/journalist or a CEO in this analogy.


After the mass media published the video recording, has the blogger/journalist or the CEO, the legal right to demand from the man who gave out the video to demand the source of his information and how he obtained the video?

Would the friends of the blogger/journalist or CEO the right to demand that the public not make any judgments until the authenticity of the video has been established?

Would you consider the man who openly said that he had edited the video recording, as having tampered with the evidence?

Would you not query the man, that if he had wanted to protect the source, all he had to do was to report to the ACA as such reports are confidential?

Even if the man had no confidence in the ACA, is there no other avenues to expose the alleged crime by the blogger/journalist or CEO? He could have given it to a foreign media and let them handle the situation?

Back To Reality

Please consider this aspect of the “Video Recording”. It is not so simple. Consider the timing of this alleged exposure. Why is Anwar Ibrahim not willing to disclose the source? I would like to suggest that Keadilan wanted the cake and eat it as well. Anwar Ibrahim wants to be the hero. He wants to reform the judiciary. This is the agenda of a convicted criminal for corruption.

What is the Anwar Ibrahim’s Agenda?

For the past nine months, he has been conducting an insidious campaign to overturn his conviction. He has cleverly cast aspersions on some key witnesses who had testified against him.

The main target was and still is the Inspector General of Police. AT THE TRIAL, evidence was led that ANWAR IBRAHIM the convicted criminal, had instructed the police (Special Branch) to extract a retraction from Azizan his allegation that he was sodomised by ANWAR IBRAHIM. He was able to do this because at the material time he was the Deputy Prime Minister. He had abused his power. For that he was convicted and his conviction has been upheld by the Federal Court.

I therefore question the ulterior motive of some of the lawyers who have deliberately taken the stand of ignoring this crucial finding by the Courts. This is despicable and a travesty of justice.

Is the victim of the sodomy not entitled to justice? He was a brave man to accuse the then Deputy Prime Minister. There has been no evidence that he accused Anwar Ibrahim of sodomising him for some other reasons other than he could not take it anymore. He was a mere driver! Azizan was never accused of trying to blackmail Anwar Ibrahim. He had nothing to gain but everything to lose by making the police report.

In this sordid affair, Azizan is the VICTIM OF INJUSTICE. Not Anwar Ibrahim as he was convicted of corruption! Read all the judgments concerning the charge of corruption.

I wonder what would be your reaction, if it was your wife, sister or brother that is the victim!

But Anwar Ibrahim must be given every benefit of doubt even when he has been convicted of corruption. Such is the blind loyalty of some of his followers that they are willing to jettison well established principles of law and justice so that their Master and Leader can return to power. This is day dreaming. Wake up!

Anwar Ibrahim’s followers condemn corruption but are willing to serve blindly a man who is a convicted criminal – on a charge of corruption.

Can they have any credibility?????

I do not know whether the video recording, the subject matter of so much pubic debate is authentic or not. I make no judgment for the simple reason that the relevant authorities must be given the time to investigate it and I have no right to pre-empt and condemn a man when he has not been given due process and investigations have not been completed.





Matthias Chang

Kuala Lumpur


[1] I am paraphrasing his press interview. Please check the exact detail. But in essence, I believe that the above statement reflects accurately what he said.

Published in: on October 7, 2007 at 12:39  Comments (23)