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Friday, August 1, 2008

People's minds ruled by perception in sodomy case

SHERIDAN MAHAVERA: People's minds ruled by perception in sodomy case

NO matter what anyone says about the new allegations against Datuk Seri Anwar Ibrahim, most people have already made up their minds over his innocence or guilt or whether he was framed.

Depending on how you voted in the last general election, what blogs you read or the coffeeshops you frequent, you will likely have pre-judged the whole episode before the authorities wrap up their investigations or charges if any are brought to court.

That the sodomy allegations have become so controversial is proof that what matters most in Malaysian politics is perception.

Since 1998, a large part of the public has decided what to believe about politicians based on sentiment, innuendo and conspiracy theories.

In Anwar's case, few rely on the nation's rule of law and the justice system, both essential to establishing truth and trust in a democracy.

The collective memory of Anwar's trial in 1998, said Tan Sri Ramon Navaratnam, president of the Malaysian Society for Transparency and Integrity, has affected how people view the ruling parties and the opposition.

"The government has not been seen to be transparent when it comes to the justice system as a whole. It is unfortunate that this perception holds but the memories of what occurred in 1998 are too fresh," said Navaratnam.

Anwar was charged for abuse of power and sodomy in late 1998 after he was sacked as deputy prime minister.

He was convicted on both counts. After spending six years in jail, the Federal Court set aside the sodomy conviction due to inconsistencies in the prosecution's case while admitting evidence of his "homosexual activities".

The same accusation of sodomy, now levelled against Anwar by a 23-year-old party volunteer, has awakened the ghosts of 1998. The stakes this time, however, may be higher.

Navaratnam said the handling of the police investigations could either collapse the people's trust in the justice system or restore it.

"It has to be credible and stand the utmost scrutiny. There cannot be a shred of doubt in the evidence.

"To not be credible would send a very bad signal not just internationally about our institutions. For the man on the street, it sets a bad precedent," he said.

Universiti Kebangsaan Malaysia political scientist Associate Professor Dr Mohammad Agus Yusoff said the probe's outcome could re-map the political landscape.

Anwar's make-or-break role in the Pakatan Rakyat means that it is essential for him to exonerate himself if the coalition is to survive.

As in 1998, Anwar's case is creating the same unifying effect among the Pakatan components, said DAP member of parliament Liew Chin Tong.

"It has reminded the three parties that even after taking over five states in the last election the struggle is not over.

"It has rallied everyone around Anwar," said Liew, the Bukit Bendera MP.

Umno supreme council member and Domestic Trade and Consumer Affairs Minister Datuk Shahrir Samad dismissed any possibility that the allegations against Anwar could spell doom for BN.

The Parti Keadilan Rakyat de facto leader has boasted of toppling the government through defections, so far with no results.

Since the allegations surfaced last Saturday, Anwar has launched counter-allegations of his own -- that of a conspiracy orchestrated at the highest levels of government.

"If we were so threatened by Pakatan Rakyat do you think we would have reformed the subsidy system and raised the price of petrol?" Shahrir said.

"We would be more defensive and more populist. Instead the government is forging ahead and doing what it thinks is right."

Shahrir said the public should suspend its distrust of the justice system or see it in a new light because of the reforms that the current BN administration had undertaken.

He said the royal commission into the Datuk V.K. Lingam video clip was emblematic of a lasting change in the judiciary.

"The commission's findings were not in favour of the establishment. The justice system now is in a state where you cannot have a cover-up."

Though opinions about Anwar may still be haunted by recollections of a decade ago, Shahrir pointed out how things had changed.

"This is not 1998. At that time, Anwar's case was the result of a power struggle in Umno.

"Now this is something that is outside Umno. The people in charge now were not in positions of control then. The circumstances are different."

The accusation against Anwar, and how it pans out, is becoming a test for the country as it struggles to find its feet after the March 8 polls.

"In the long run it is about this country's institutions, whether Malaysia will be ruled by sentiment or whether we will have a full-functioning democracy that is ruled by law and where everyone is equal before it," said Liew.

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