Wednesday, August 24, 2005

[Malaysia] Ruling on "50 Dalil"

Malaysia's Anwar says vindicated by million-dollar libel award
KUALA LUMPUR, (AFP) - Former deputy premier Anwar Ibrahim said that a 1.2 million dollar damages award over a book that triggered his 1998 sacking had cleared his name and proved he was the victim of a conspiracy.
The author of "50 Reasons Why Anwar Cannot Be PM", Khalid Jafri, has already been sentenced to jail for accusing Anwar of sodomy, corruption and an extra-marital affair that resulted in an illegitimate daughter.
"The defendants' main purpose in publishing the book was to destroy the plaintiff's reputation and political career," said High Court judge Mohamad Hishamudin Mohamad Yunus in a strongly-worded decision.
The judge noted the book was distributed to delegates at the general assembly of the ruling United Malays National Organisation (UMNO) in May 1998. "The defendants and others who conspired with the defendants achieve their purpose," he said. "The plaintiff's political career was ruined as a result of the publication of the book." "Faced with such a vicious and venomous public attack on his integrity, launched by the defendants in cahoots with others, the public humiliation and ridicule and the pain and mental distress suffered by the plaintiff and his family must be beyond description.
"A visibly happy and relaxed Anwar embraced his wife Wan Azizah Wan Ismail outside the court and greeted supporters. "At last there is a judgement which finally takes full cognisance of the conspiracy to destroy my political career which has always been my position from day one," he said." The judgement clears my name. I have been completely vindicated.
"Anwar said he would discuss with his family and lawyers how to disburse the money to the needy." The quantum is not important, it's a matter of honour of truth and my vindication," he said. The award of 4.5 million ringgit (1.2 million dollars) included 4.0 million ringgit for defamation, 500,000 ringgit for "conspiracy to injure", plus all legal costs.
Hishamudin said awards of this size were unusual in Malaysia, but that it reflected the gravity of the charges against Anwar, his high position at the time, and the lack of apology from the defendants "who until today remain defiant". Anwar, heir apparent to then-premier Mahathir Mohamad, was sacked in September 1998 and subsequently convicted on corruption and sodomy charges which he said were engineered to prevent him challenging Mahathir for the leadership.
He was released in September last year after the sodomy charges were overturned. Khalid, 65, was found guilty last month of writing false information in his book. The court ruled that the child in question was the legitimate offspring of Anwar's former private secretary, Mohamad Azmin Ali.Khalid was freed on bail pending an appeal. However, early this month he was admitted to hospital for treatment for diabetes. His right leg was amputated and he was put on a life support machine.
His wife Rozihan Abdul Ghani was named as the second defendant in the libel case, in her role as publisher of the book. Khalid's lawyers said they had not yet made a decision on whether to appeal, but Anwar's legal representatives said they expected one to be lodged. The suit is the second Anwar has brought to court this month.
In early August he successfully won an apology from the former police chief who beat him after his arrest, as well as undisclosed damages, in a result he hailed as a step forward for human rights in Malaysia. Anwar is barred from holding political office until 2008 under regulations governing convicted criminals. However, in recent weeks he has revealed new political ambitions, centred on the opposition Keadilan party headed by his wife Wan Azizah Wan Ismail which will contest general elections to be held in 2008.
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So finally Khalid Jefri is nailed to the coffin of criminality by his conviction. The infamous author of the venomous book edition of the ubiquitous poison pen letters, the legendary “50 dalil” faces possible jail time. He is now left in a lurch. He reportedly is in suffering. It is the book purported to have brought down Anwar Ibrahim. A flip through “50 dalil” reveals it as simply a collection of incredible and absurd accusations just to assassinate and destroy Anwar Ibrahim. On its own, the book just does not stand up to scrutiny for it was purely baseless and full of lies. There was even a legal injunction to stop its distribution. But other dark forces were at work and one after another events were orchestrated although haphazardly sometimes comical but firmly and objectively to accomplish its goal of taking Anwar down.

This is what the civil suit judge said:

"The defendants' main purpose in publishing the book was to destroy the plaintiff's reputation and political career," said High Court judge Mohamad Hishamudin Mohamad Yunus in a strongly-worded decision.

The judge noted the book was distributed to delegates at the general assembly of the ruling United Malays National Organisation (UMNO) in May 1998.

"The defendants and others who conspired with the defendants achieve their purpose," he said. "The plaintiff's political career was ruined as a result of the publication of the book."

"Faced with such a vicious and venomous public attack on his integrity, launched by the defendants in cahoots with others, the public humiliation and ridicule and the pain and mental distress suffered by the plaintiff and his family must be beyond description."

Hishamudin said awards of this size were unusual in Malaysia, but that it reflected the gravity of the charges against Anwar, his high position at the time, and the lack of apology from the defendants "who until today remain defiant".

In early August Anwar Ibrahim successfully won an apology from the former police chief, Rahim Noor who beat him after his arrest, as well as undisclosed damages, in which Anwar hailed it as a civil rights victory.

Throughout the whole drama there was a mysterious and discreet power behind it, pushing in a haste, a gush of political momentum to force Anwar out of politics for good. We now know that every twist and turn that played out during those years of Malaysia’s maelstrom was a product of a lost of political nerves combined with delusions of paranoia as well as deep seated political vendettas and moral corruption. You can express shock, surprise, dismay, you may even be sick of the charade which reached the highest of proportions. But in the end the book became a live script to be played out lock, stock and barrel. The book’s villain, Anwar became the victim but the perpetrator of the whole tragedy will never be known. We can only guess!

abuomar abuomar_asia@yahoo.com
17th August 2005

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