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WIKILEAKS: ANWAR IBRAHIM'S SODOMY TRIAL II - A PRIMER
WIKILEAKS: PROMINENT BLOGGER FLEES SEDITION TRIAL
Now do you understand the difference?
WIKILEAKS: PRESSURE MOUNTS AGAINST INTERNAL SECURITY ACT (ISA)
WIKILEAKS: ANWAR SHIFTS GEARS, NOT GOALS, SAY AIDES
Have things changed that much?

WIKILEAKS: ANWAR IBRAHIM'S SODOMY TRIAL II - A PRIMER

Posted: 09 Aug 2011 01:00 AM PDT

Most observers conclude that a conviction in Anwar's case, one upheld on appeal, would essentially end Anwar's political career given the legal penalties and Anwar's age (62). According to the Federal Constitution, a member of Parliament will be disqualified from holding his seat if he is convicted of an offense and sentenced to imprisonment for a term of not less than one year or to a fine of not less than US $570 (RM 2,000) and has not received a free pardon.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

C O N F I D E N T I A L SECTION 01 OF 07 KUALA LUMPUR 000529

SIPDIS

FOR EAP/MTS

E.O. 12958: DECL: 07/01/2019

TAGS: PGOV, PHUM, KDEM, KJUS, MY

SUBJECT: ANWAR IBRAHIM'S SODOMY TRIAL II - A PRIMER

Classified By: POLITICAL COUNSELOR MARK D. CLARK, REASON 1.4 (B AND D).

Summary and Comment

1. (C) Malaysian Opposition leader Anwar Ibrahim will go on trial beginning July 8 on charges of sodomy -- a criminal offense in Malaysia -- with a former aide. Anwar was previously tried and convicted of sodomy in 2000 in a heavily manipulated trial that the U.S. concluded "was marred by deep flaws in the judicial process." The verdict was overturned on appeal in 2004.

Senior Malaysian authorities were very aggressive in handling the present case during the initial period of June-September 2008, but, coinciding with the passing of Anwar's deadline to bring down the government through Parliamentary cross-overs, have since taken a more measured "rule-of-law" approach in public. Authorities have not taken all the legal and extra-legal measures available to them, for example, to challenge Anwar's bail provisions or resolve an earlier impasse regarding the court venue.

Anwar's conviction in this trial, which may last many months, could end his political career; the judge would decide whether Anwar would remain free pending an appeal. This cable provides a primer for the Department's reference, including background on the 2000 conviction and the present case, a synopsis of the specific legal charges and penalties, a summary of likely evidence to be presented in court, and three possible scenarios for the trial.

2. (C) Comment: The issue of the specific actions between Anwar and his aide will play out in court and, we suspect, in a very sensationalistic fashion. The facts surrounding the case, however, make a compelling argument that the government's prosecution of the case is foremost a political act against the Opposition leader.

Whether the incident in question was wholly concocted or has some basis in fact, the case is not part of a morals campaign or a normal criminal matter and has been the subject of extensive political interference and manipulation. As one consequence, much of the Malaysian public remains deeply sceptical about the government's prosecution of Anwar Ibrahim.

Anwar's flawed trials in 1998-2000 produced a public uproar and attracted international condemnation; in today's information-intensive environment, such effects may be exacerbated depending on events in court. Embassy will provide draft press guidance for the Department's consideration prior to the July 8 trial date. End Summary and Comment.

Sodomy Case I, 1998-2000

3. (SBU) Under the government of former Prime Minister Mahathir, Anwar Ibrahim was charged and convicted of sodomy (and abuse of power) in a sensationalistic trials in 1998-2000, directed and heavily manipulated by Mahathir against his former deputy. Anwar was charged with sodomizing his wife's driver.

During his pre-trial detention, Anwar was beaten by the then Inspector General of Police. The High Court convicted Anwar of sodomy in August 2000 and sentenced him to nine years imprisonment.

The U.S. expressed deep concern with the first sodomy trial, noting "that the trial and (Anwar's) resulting conviction and nine-year jail sentence were marred by deep flaws in the judicial process."

After Mahathir stepped down in favor of Abdullah Badawi, the Federal Court overturned the conviction in September 2004 and released Anwar from prison (Anwar's separate conviction for abuse of power remained in place). The Federal Court found there were "many unusual things that happened regarding the arrest and confession" of certain prosecution witnesses, including the fact that Anwar's driver stated that he was paid to make the allegations against Anwar.

In an unusual move and possible political compromise, the Federal Court judges included in their judgment the conclusion that there was evidence to confirm "the appellants were involved in homosexual activities," but added that the prosecution failed to prove the alleged offenses beyond reasonable doubt.

Because Anwar's conviction on the separate charge of abuse of power was not overturned, he was barred from political office until April 2008.

Sodomy Case II, 2008

4. (SBU) Less than four months after Anwar Ibrahim's People's Justice Party (PKR) and its opposition partners made significant advances in the March 2008 national elections, and three months after Anwar became eligible for political office, an aide to Anwar, Mohd Saiful Bukhari Azlan, filed a police report on June 28, 2008, alleging that he had been forcibly sodomized by Anwar on several occasions.

The following day, Anwar took refuge in the Turkish ambassador's residence, claiming that he feared a repetition of his 1998 arrest and for his personal safety. He remained with the Turkish ambassador for only one day, departing after public assurances of his safety from the Foreign Minister and Home Minister.

In the midst of a highly charged political atmosphere, which included Anwar's claims that he could bring down the government through Parliamentary defections by September 16, 2008, and new allegations linking then DPM Najib with the Altantuya murder case, the police investigation proceeded.

It came to light that Saiful had had contact with the office of then DPM Najib prior to working with Anwar, and more significantly Saiful had met with Najib (and allegedly his wife Rosmah) at Najib's home just prior to filing his police complaint.

Najib first denied publicly he had any connection with the case, and then acknowledged meeting Saiful, an admission that preempted internet reports about to be released by blogger Raja Petra (who is now a fugitive from sedition charges).

5. (SBU) As authorities made known their intention to arrest and charge Anwar for sodomy, Anwar's lawyers arranged for his voluntary appearance before police for questioning and charging. Contrary to the agreement, on July 16, police in commando-style outfits waylaid Anwar's convoy en route to the police station and arrested him on the street. Police questioned Anwar, took him to a hospital to provide a DNA sample (which Anwar refused, citing lawyers' advice and fear of "manipulation"), and held him overnight. Anwar was released on police bail by a magistrate on July 17.

The Charges

6. (SBU) On August 7, 2008, prosecutors charged Anwar Ibrahim before a Sessions Court under Section 377B of the Penal Code, which reads: "Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years and shall be liable to whipping." Section 377A of the Penal Code defines "carnal intercourse against the order of nature" as including sodomy.

Prosecutors specifically charged Anwar with the sodomizing of Saiful Bukhari Azlan at a Kuala Lumpur condominium (owned by Anwar's friend) on June 26, 2008.

Although Saiful originally claimed he was forcibly sodomized on several occasions, the prosecutors chose not to pursue charges against Anwar under a separate Penal Code section (377C), which pertains to non-consensual sodomy (with a higher burden of proof), and also to focus on only one alleged incident.

It is important to note that under Malaysia's legal system, prosecutors may amend the charges during the course of the trial. Saiful himself does not face charges for the alleged acts. The Court ordered Anwar to remain free on a personal bond of US $5,700 RM 20,000 and did not impose other restrictions (for example, Anwar has been free to travel abroad and has done so on many occasions since August 2008). The government did not attempt to dispute or revoke the bail provisions.

Wrangle and Delay over Court Venue

7. (SBU) Following Anwar's formal charging, and with Anwar's 9/16 deadline looming in the background, prosecutors quickly moved to transfer the case from the Sessions Court to the High Court.

The prosecution argued on September 10, 2008, that such an important case with possibly complicated legal issues should be dealt with at the High Court and produced a certificate signed by the Attorney General to move the case, which under normal circumstances automatically results in a transfer.

However, Anwar's lawyers objected to the transfer out of concern that the more politicized High Court level would result in a pro-prosecution judge hearing the case, as happened during the first sodomy trial in 1999-2000.

In November 2008, independent-minded Sessions Court judge Komathy Suppiah rejected the certificate of transfer, noting that Attorney General Gani Patail faced allegations of evidence tampering in Anwar's 1998 case and the transfer order signed by the AG would "undermine the public perception of the judiciary."

8. (C) Judge Komathy was overruled in March 2009 by High Court judge Mohamad Zabidin Md Diah who decided the Sessions Court has no authority to refuse the Attorney General's transfer order; Zabidin himself was then assigned to preside over the sodomy trial.

Anwar's lawyers filed an appeal against the transfer; the Court of Appeals only began to hear the appeal on June 30; based on precedent, Anwar's camp admits the appeal has little chance of success. Zabidin initially attempted to schedule the trial to begin in May 2009; defense lawyers argued they needed more time and hoped their appeal would be heard prior to the trial.

(Note: The High Court often takes one to two years before setting trial dates in normal criminal cases. End Note.)

Zabidin subsequently set the trial to begin on July 1. Anwar's lawyers filed an application to compel the prosecution to provide them with full documentation and evidence that will be introduced at the trial, which the prosecution has thus far failed to do in apparent violation of the Criminal Procedure Code.

With the hearing on the disclosure of evidence set for July 1 (now pushed back to July 3), Judge Zabidin postponed the trial start to July 8. The judge originally specified a three-week duration for the trial, but lawyers assume that the trial will take many months to conclude.

The High Court Judge

9. (C) High Court Judge Mohamad Zabidin Md Diah is a lawyer by training. After private law practice, he joined the judicial service as a Sessions Court judge and was elevated to judicial commissioner in 2004. After two years on contract, Zabidin was promoted to become a permanent High Court judge in 2006.

Zabidin is not a well-known judge and is not associated with high profile or controversial judgments, according to our senior legal contacts. Anwar's lawyers allege that Zabidin is beholden to the government and will favor the prosecution; the judge's unusual rush to bring the case to trial is viewed by the defense as an early indication of his bias.

Government Switches Gears

10. (C) Senior government and UMNO party officials adopted a very aggressive public and private approach to the Anwar case during the June-September 2008 period. This included frequent, prejudicial statements in public, and strong claims in private to other politicians and diplomats regarding Anwar's guilt.

This intensive phase encompassed the initial news of the allegations and Anwar's formal charging, but also Anwar's own aggressive political posturing and claims that he could bring down the government by September 2008 through Parliamentary crossovers.

After Anwar's deadline passed in September, and after resolution of the UMNO leadership battle in favor of Najib's succession in October 2008, we observed a definite toning down of the Government's approach, and a shifting to a lower gear. For example, we did not hear reports of government intervention to quickly resolve the matter of the court venue, which effectively delayed the prosecution by some seven months.

Anwar's bail provisions remained in place and unchallenged. Public statements by senior government officials, outside of by-election campaigns, became infrequent. This toned down approach has continued through the present; it would fit within a hypothetical decision to demonstrate that the trial is a law enforcement matter, rather than a political battle. Regardless, it is clear that the government has not taken all the legal and extra-legal steps against Anwar that it could have since September 2008.

GOM Confidence: Waning or Recalculating?

11. (C) Many of our government and UMNO contacts have insisted to us, emphatically so in the early months of the case, that the evidence against Anwar is very conclusive, often hinting at video footage and physical evidence like DNA (see below).

Recently, some contacts sympathetic to Anwar but not part of his team claimed the government over time had become less certain it had sufficient evidence to convict Anwar.

According to one unconfirmed account, in June several key aides to PM Najib advised him to drop the case against Anwar because the evidence was not strong enough for an easy conviction and the political cost of forcing through a guilty verdict would be too high. It is also possible that the toned down rhetoric from the government has been misinterpreted as uncertainty on the authorities' part.

Evidence at the Trial

12. (C) Based on available information, we believe the following evidentiary aspects will feature in Anwar's trial:

Saiful's complaint: The testimony of Saiful is central to the government's case, and he is expected to take the stand. Saiful has continued to assert that he was forcibly sodomized, although the charges under Section 377B do not require proof of a non-consensual act; given his youth (age 23) and physical size, Saiful will need to explain specific circumstances of the incident to support his assertion of rape.

Medical reports: As publicly revealed by defense lawyers, Saiful underwent two medical examinations on June 28, 2008, just prior to lodging a police report. The first examination by a Burmese doctor at a local hospital concluded there was "no conclusive clinical findings" suggestive of sodomy, and the doctor recommended he be examined at a government hospital in line with police procedures in such cases.

(Note: The Burmese doctor briefly left Malaysia after being held for questioning by police. End Note.)

The second examination at the police-approved government hospital also failed to uncover medical evidence of sodomy, according to copies of hospital reports released by the defense.

DNA: The defense team believes prosecutors will introduce DNA evidence, based on DNA samples held by the police since 1998, and are preparing expert witnesses. The government's hurried passage in Parliament of a DNA bill, approved by the lower house on June 23, is widely seen as tied to the Anwar trial and will permit the government to utilize the 11-year old samples. The defense could claim the samples were planted, as is widely believed to be the case in Anwar's earlier prosecution.

Anwar's alibi: Anwar's lawyers claim that five persons will testify that Anwar was with them at the time of the alleged incident. They also claim that police attempted but failed to intimidate some of these defense witnesses to change their accounts.

CCTV: The prosecution may use CCTV footage from the condominium where the alleged incident took place to confirm Anwar's presence at a specific date and time.

Character witnesses: As happened in the 1999 case, it is very possible that prosecutors introduce witnesses to attack Anwar's character and actions aside from the alleged 2008 sodomy incident. There are unconfirmed reports that the prosecution will call 30 witnesses to the stand.

Defense witnesses (PM Najib and wife Rosmah?): In an effort to demonstrate the political motivation in the government's case, defense lawyers could call PM Najib, his wife Rosmah, and other senior officials such as Najib's aide Khairil Anas Yusof who appear connected to the case (Najib and Rosmah because they met Saiful and discussed his reporting to the police). While this will make for momentary drama, we expect the judge to disallow such moves.

Bail and other Conditions during the Trial

13. (C) Anwar's legal team has expressed concern that the prosecution may apply to revoke the personal bond that allows Anwar to be free pending the trial or seek to impose other conditions, such as impounding his passport or restricting his movement to within Kuala Lumpur.

The lawyers acknowledge that there is not a strong precedent for overturning the existing bail decision. In several recent politically-charged court cases, however, Malaysian judges have ignored precedent decisions.

(Note: We have no information on the prosecution's intentions in this matter. End Note.)

What if Anwar is Convicted?

14. (C) Most observers conclude that a conviction in Anwar's case, one upheld on appeal, would essentially end Anwar's political career given the legal penalties and Anwar's age (62). According to the Federal Constitution, a member of Parliament will be disqualified from holding his seat if he is convicted of an offense and sentenced to imprisonment for a term of not less than one year or to a fine of not less than US $570 (RM 2,000) and has not received a free pardon.

This stipulation comes into effect after all appeals are exhausted (at the Court of Appeals and Federal Court). The constitution also provides that a convicted person can only be active in politics after five years from the date of his release from prison. At age 62, a second conviction could effectively bar Anwar permanently from political life. In the event of a conviction, Anwar will certainly appeal.

The judge will decide whether Anwar remains free pending appeal or immediately goes to jail. While officially remaining a Member of Parliament pending the final outcome, he would be unable to operate from prison as the Opposition leader.

Political Interference and Manipulation

15. (C) The issue of the alleged actions between Anwar and Saiful will play out in court, and sodomy, even a consensual act, is a crime under Malaysian law. The facts surrounding the case, however, make it clear that the government's prosecution of the case is foremost a political act against the Opposition leader.

The Malaysian government does not aggressively prosecute cases of sodomy; we find record of some 55 cases since 1991, or an average of 3 per year. The vast majority of such cases involve adults assaulting minors.

Anwar's prosecution is not part of a morals campaign. The GOM does not aggressively target non-heterosexual behavior; if it did so, a recent cabinet minister, senior staff associated with PM Najib and other prominent citizens linked to the government also would find themselves under investigation.

16. (C) Aside from the immediate comparison with Anwar's previous prosecution for sodomy, which was grossly manipulated by former Prime Minister Mahathir, the indications of political interference and manipulation in the present case are compelling; much of the information is in the public realm. Collateral reporting, not addressed here, provides further substantiation.

Najib connection: Keeping in mind that Najib and Anwar remain bitter enemies, it is striking that Najib met personally with the complainant Saiful prior to the police report, and allegedly arranged for Saiful to have intensive contact with senior police officials in the days before he filed the complaint.

Senior officials' involvement: From the very early stages, the senior-most officials in the government, including then PM Abdullah, current PM Najib, cabinet ministers, the AGO and national police chief (the latter two having played important roles in Anwar's 1998-1999 flawed trials) and officials of the ruling UMNO party have been intimately involved in decisions regarding the case, according to Embassy contacts and publicly available sources.

Despite the current toned-down government approach, and emphasis that the Anwar trial is a normal law enforcement matter, senior-most executive and UMNO party officials continue such a directing role.

Leakage of information: Senior government leaders provided law enforcement information on the case to leaders of Anwar's coalition partner, the Islamic Party of Malaysia (PAS), in an unsuccessful attempt to split PAS from the opposition. A recent internet report claims that the government has provided some government-directed press editors with a "sneak preview" of evidence against Anwar.

Public statements: From the initial public reports of the complaint against Anwar in June 2008 to Anwar's election to Parliament in August 2008, PM Abdullah and other senior leaders spoke publicly and frequently about Anwar's alleged crime and the need for justice, and the case featured prominently in the parliamentary campaign against Anwar.

There have been far fewer statements since September 2008, except during by-election campaigns.

Press: The Government-directed mainstream press, which includes all major dailies and all TV stations, provided extensive coverage of Saiful's allegations while severely limiting reporting on Anwar's response during the heated period of June-August 2008.

Alleged intimidation: The police detained for questioning the doctor who first examined Saiful, causing him to leave Malaysia temporarily out of concern for his safety. Police also pressured the hospital in question to hold a press conference to state that the doctor was not qualified to conduct such an examination, according to our sources.

According to defence lawyers, several of their witnesses have been threatened by police in an effort to change their testimony. The Imam for the Federal Territories (including Kuala Lumpur and the administrative capital Putra Jaya) claimed publicly that he was forced to witness an "improper" Islamic oath taken by Saiful; he was subsequently sacked by the Prime Minister's Department.

Customized Legislation, the DNA bill: The government hurriedly prepared a bill on DNA evidence, following shortly after Anwar's refusal to provide a DNA sample at the time of his arrest, which compels suspects to provide samples and allows authorities to utilize previously stored samples in new criminal cases. The government originally introduced the bill in August 2008 and voted it through the lower house only on June 23, 2009; several steps remain before it becomes law.

Public Scepticism

17. (C) In the run-up to Anwar's August 2008 arraignment, public opinion polling conducted by the Merdeka Center, Malaysia's most respected opinion survey group, revealed that a preponderance of Malaysians believed the charges against Anwar were unjust, indicating a deep public scepticism regarding the government's case.

We understand that new polling on this question will be released before the July 8 trial date. Pollsters have informed us that the new data continues to reflect widespread public suspicions.

Reportedly, only 15 percent of ethnic Malays and 10 percent of Malaysians overall believe Anwar's prosecution to be justified. Outside of government circles, many Embassy contacts, including those who give credence to rumors of Anwar's personal life, take it as a matter of fact that the government is prosecuting Anwar for political reasons.

In a public statement made on June 24, former Bar Council president (and U.S. Woman of Courage awardee in 2009) Ambiga Sreenvasan urged the government to drop the charges against Anwar in order to restore credibility to PM Najib's ruling coalition.

Scenarios

18. (C) When viewed as a political matter, a number of potential scenarios for the Anwar prosecution present themselves; below we review three that are most apparent. In these scenarios we assume that Najib will exercise the deciding voice on how and whether to proceed, though he also will need to weigh the opinions of other UMNO ruling party elites.

-- Conviction at all costs: Based on an assessment that Anwar is a threat to UMNO's continued rule at least at the time of the next national elections, Najib and UMNO elites decide that the political costs of prosecuting Anwar are acceptable and pursue the matter aggressively inside and outside the courtroom with the overriding goal of convicting Anwar and removing him permanently from politics.

While asserting that this is purely a law enforcement matter, the government exerts political pressure as necessary, accepting reputational risks in the process, and achieves a conviction after months of high-profile drama in the courtroom. The courts hear and reject Anwar's appeals in an expedited manner, well ahead of the next national elections in 2012 or 2013.

This scenario appeared to be in play during the initial months of the case and in the lead up to Anwar's September 2008 deadline to overturn the ruling coalition's majority; it has been less apparent since then. Recalling the deep personal animosity between Najib and Anwar, and the singular importance of Anwar to the opposition coalition, this scenario remains plausible, even though Anwar's immediate threat to UMNO's rule has passed.

-- Merits of the case, reputational damage: In a second scenario, the government proceeds with the prosecution but refrains from exerting undue pressure to achieve conviction, believing that the evidence presented and/or the court proceedings themselves will sufficiently damage Anwar's reputation and this will outweigh harm to the Najib administration's credibility.

Conviction remains the desired outcome, supported by sufficient evidence, but the government accepts some risk of a final verdict of innocence after all appeals are heard. This scenario rests on the assumption of sufficiently clear evidence against Anwar that will swing public opinion in favor of the government even in the event of an eventual acquittal. Absent greater information on the government's evidence against Anwar, it is difficult to judge the prospects for this scenario.

-- Withdrawal: In a third scenario, Najib and UMNO elites decide that the government's case is not strong enough to pursue, entails unacceptable political costs, or is no longer necessary because of the diminished threat from Anwar. The government withdraws the charges prior to the trial start of July 8, or shortly after the trial begins, possibly under conditions of "discharge not amounting to acquittal."

(Lawyers tell us that such a discharge in theory would allow the government to reactivate the case at a future time, thus maintaining this as a lever over Anwar.)

Najib, confident that he can beat back an opposition challenge in the next election, attributes the original decision to prosecute to the previous administration of Abdullah Badawi and takes credit for respecting the rule of law in this high profile case involving his determined political nemesis.

In contrast to 2008, Najib's currently secure position as UMNO leader and Prime Minister, along with Anwar's diminished threat, make this scenario a political possibility, though some UMNO elites and perhaps Najib himself may not want to give up the opportunity to remove Anwar Ibrahim from politics once and for all.

KEITH

WIKILEAKS: PROMINENT BLOGGER FLEES SEDITION TRIAL

Posted: 07 Aug 2011 01:00 AM PDT

Poloff met with one of Raja Petra's lead lawyers on April 23. The lawyer disclosed that following Raja Petra's last appearance in court in February Raja Petra's legal team concluded their client would be found guilty and imprisoned under the sedition charges, and informed Raja Petra accordingly. The lawyer claimed that the ruling coalition's political influence over the court proceedings precluded a fair trail.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

C O N F I D E N T I A L KUALA LUMPUR 000323

SIPDIS

FOR EAP/MTS AND DRL

E.O. 12958: DECL: 04/29/2019

TAGS: PHUM, PINS, PGOV, KJUS, KDEM, UK, MY

SUBJECT: PROMINENT BLOGGER FLEES SEDITION TRIAL

REF: A. 08 KL 990 - RAJA PETRA RELEASED FROM ISA

B. 08 KL 846 - UPDATE ON RAJA PETRA DETENTION

C. 08 KL 806 - JOURNALIST DETAINED UNDER ISA

Classified By: Political Counselor Mark D. Clark for reasons 1.4 (b and d).

Summary and Comment

1. (C) Prominent blogger and government critic Raja Petra Kamarudin, who was jailed for two months in 2008 under the Internal Security Act (ISA), failed to appear for his sedition trail on April 23, and the court subsequently issued a warrant for his arrest. A member of his defense team informed poloff that Raja Petra, along with his wife, fled to the United Kingdom about two months ago on the belief that he would face eventual imprisonment for sedition.

2. (SBU) Comment: Raja Petra, Malaysia's most controversial on-line voice, will continue to be a nuisance to Prime Minister Najib's administration. Not expecting to return to Malaysia anytime soon, we can expect Raja Petra to ratchet up his criticism and purported exposes during his self-imposed exile. End Summary and Comment.

Where is Raja Petra?

3. (SBU) Raja Petra Kamarudin, an outspoken blogger and member of the Selangor state royal family failed to appear at Sessions Court for the continuation of his sedition trial on April 23. The court subsequently issued a warrant for his arrest. Raja Petra faced charges under the Sedition Act for articles he posted on his website, Malaysia Today, regarding the high-profile Altantuya murder case and the victim's alleged ties to Prime Minister Najib and his wife. If convicted of sedition, he faces a maximum sentence of three years in jail.

4. (U) On April 23, Raja Petra posted on his website his reasons for not appearing in court. He claimed Malaysian authorities intended to detain him under the ISA, as the Government had done in September 2008 (ref A-C). He also stated the courts were unable to provide him with a fair trial and noted the government was using sedition charges and criminal defamation charges, in addition to detaining him under ISA, for linking the Prime Minister to the murdered Mongolian national Altantuya.

Raja Petra also mentioned that he had angered the Selangor royal family with his criticism of the Sultan of Perak related to the ruling coalition's takeover of Perak state government from the opposition, and therefore could not return to Selangor.

Lawyer Confirms Departure for UK

5. (C) Poloff met with one of Raja Petra's lead lawyers on April 23. The lawyer disclosed that following Raja Petra's last appearance in court in February Raja Petra's legal team concluded their client would be found guilty and imprisoned under the sedition charges, and informed Raja Petra accordingly. The lawyer claimed that the ruling coalition's political influence over the court proceedings precluded a fair trail.

He said that Raja Petra, who holds both Malaysian and British passports, along with his wife had left for the UK some two months ago and remained there. His departure was kept closely guarded with Raja Petra's closest friends remaining in the dark.

The lawyer said it was unclear if the Attorney General's Office realized Raja Petra had left Malaysia, as the prosecutor's public statements indicated he was still in the country. After the court's issuance of an arrest warrant for Raja Petra, and a "show cause notice" for his wife as bail guarantor, some on-line articles suggested Raja Petra was in the UK.

KEITH

Now do you understand the difference?

Posted: 06 Aug 2011 07:30 PM PDT

More than 1,000 Malaysians have lost their lives in extra-judicial killings over the last decade or so. Only one man is shot dead by the police and London erupts and transforms into chaos. Yes, it is not so easy for police to take people's lives here in the UK compared to in Malaysia. And this is why we need a civil society movement -- to teach Malaysians not to accept shit from their government.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Riot hits London after police shoot father of four

(Associated Press) -- The gritty north London neighbourhood of Tottenham exploded in anger Saturday night after a young man was shot to death by police.

Two patrol cars, a building and a double-decker bus were torched as rioters clashed with officers in front of the Tottenham Police Station, where people had gathered to demand "justice" for the death of a 29-year-old killed in an apparent gunfight.

"It's really bad," said local resident David Akinsanya, 46. "There are two police cars on fire. I'm feeling unsafe."

Sirens could be heard across the city as authorities rushed reinforcements to the scene. In Tottenham shop windows were smashed as residents looted the stores, pushing shopping carts full of stolen goods down the street.

Officers in riot gear and on horseback pushed up against the demonstrators. Akinsanya put the number of demonstrators at between 400 and 500. Police said there were about 300 people gathered.

Miles from the tourist hotspots of central London, Tottenham is one of the most deprived areas in all of England, with nearly half of all children living in poverty, according to campaigners.

In 1985, Tottenham was the scene of a deadly riot after a local woman suffered heart failure when her home was raided by the police. The Tottenham riots were among the most violent in the country's history, with one officer stabbed to death as he tried to protect firefighters and nearly 60 others were hospitalized.

*******************************

London rioters battle police after shooting protest

(REUTERS) -- Rioters throwing petrol bombs battled police in a economically deprived district of London overnight, setting patrol cars, buildings and a double-decker bus on fire in some of the worst disorder seen in the British capital for recent years.

About 200 people rained missiles and bottles on riot officers near Tottenham district police station after a street protest over the fatal shooting of a man by armed officers earlier in the week turned violent.

Mounted police and riot officers on foot in turn charged the crowd to push them back.

Eight officers were taken to hospital, one with head injuries, as rioters smashed windows and looted buildings including banks, shops and a supermarket and torched three police cars in the main road near the local police station.

The trouble broke out on Saturday night following a peaceful demonstration over the shooting of Mark Duggan, 29, who was killed after an exchange of gunfire with police on Thursday.

Duggan had been in a taxi when it was stopped by armed officers as part of a pre-planned operation. One policeman escaped unhurt after a bullet struck his radio. Duggan's death is being investigated by the independent police watchdog.

Although there have been riots in other European countries linked to austerity measures to tackle large national debts, London police and local community leaders said anger at Duggan's shooting was the cause of the riot.

Tottenham has a large number of ethnic minorities and includes areas with the highest unemployment rates in London. It also has a history of racial tension with local young people, especially blacks, resenting police behaviour including the use of stop and search powers.

NOTORIOUS RACE RIOT IN 1985

The disorder was very close to where one of Britain's most notorious race riots occurred just over 25 years ago.

In 1985, police officer Keith Blakelock was hacked to death on the deprived Broadwater Farm housing estate during rioting in which around 500 mainly black youths rampaged through the streets, assaulting police, looting and setting fires.

Classford Stirling, a youth worker from Broadwater Farm, said there had been growing anger recently over stop and search practices by police. "It wasn't just black kids. It was the youth in general who are frustrated at the way the police are treating them," he told BBC TV.

"Everybody's now thinking of the way Mr Duggan was shot and they want answers. It's very difficult to turn round and say to them this is the wrong way because they believe this is the only way that they're going to get attention."

Television pictures showed a blazing bus surrounded by rioters and hooded youths pelting an abandoned police car with rocks and missiles. Media reported some locals had to flee their homes to escape the violence.

While the bulk of the disturbance had been brought under control early on Sunday, pockets of trouble were still erupting nearby. Buildings were smouldering with plumes of smoke billowing across the skyline.

"The rioting in Tottenham last night was utterly unacceptable," a spokesman for Prime Minister David Cameron said. "There is no justification for the aggression the police and the public faced, or for the damage to property."

Police Commander Stephen Watson said the scenes were "very distressing" for Londoners and perpetrators would be brought to justice. "Our intention ... is to bring things to as swift a conclusion as we can. Our absolute aim is to restore normality."

Local member of parliament David Lammy said: "The Tottenham community and Mark Duggan's family and friends need to understand what happened on Thursday evening when Mark lost his life. To understand those facts, we must have calm."

London also saw riots at the end of last year when protests against government plans to raise tuition fees for university students in the centre of London turned violent with police and government buildings attacked.

During the most serious disturbances last December, rioters targeted the limousine belonging to heir-to-the-throne Prince Charles and his wife Camilla, kicking its doors, cracking a window and reportedly jabbing Camilla with a stick.

WIKILEAKS: PRESSURE MOUNTS AGAINST INTERNAL SECURITY ACT (ISA)

Posted: 04 Aug 2011 01:00 AM PDT

The ISA also is subject to misuse for political ends and is an important insurance policy for maintaining UMNO in power. For both CT and political reasons, the GOM will not readily give up the ISA. We doubt that the increased political pressure and seeming swing in public opinion against the ISA, due in part to its misuse in September, will result in the ISA's amendment or revocation in the near future, absent the Opposition coming to power.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

S E C R E T SECTION 01 OF 04 KUALA LUMPUR 001114

SIPDIS

E.O. 12958: DECL: 12/19/2028

TAGS: PTER, PGOV, PHUM, KJUS, KDEM

SUBJECT: PRESSURE MOUNTS AGAINST INTERNAL SECURITY ACT (ISA)

REF: A. KUALA LUMPUR 1026 - DPM NAJIB DISCUSSES ISA

B. KUALA LUMPUR 990 - RAJA PETRA RELEASED

C. KUALA LUMPUR 944 - MCA AND GERAKAN CRITICIZE UMNO

D. KUALA LUMPUR 846 - UPDATE ON RAJA PETRA

E. KUALA LUMPUR 834 - KOK RELEASED FROM ISA

F. KUALA LUMPUR 810 - UPROAR OVER ISA

G. KUALA LUMPUR 806 - JOURNALIST DETAINED UNDER ISA

H. 07 KUALA LUMPUR 902 - BEYOND ISA

Classified By: Political Counselor Mark D. Clark, reason 1.4 (b, c and d).

NOTE: THIS CABLE TRANSMITS AN EDITED VERSION OF KUALA LUMPUR 1102 SENT ON 12/18/08 IN MORE RESTRICTED CHANNELS. END NOTE.

1. (S) Summary: The Malaysian government's use of the Internal Security Act (ISA), which allows for detention without trial and is central to the GOM's intelligence-driven CT effort, has come under increasing political pressure over the past three months.

The GOM's employment of the ISA in September to carry out three politically-motivated ISA detentions unrelated to terrorism sparked unprecedented public criticism. At least eight component parties from the governing National Front (BN) coalition have since broken ranks with the leading United Malays National Organization (UMNO) and called for amending or abolishing the ISA.

The opposition party alliance led by Anwar Ibrahim has made the revocation of ISA one of its highest profile policy goals.

In November, a High Court judge delivered a legal blow to the GOM's wide discretion in using the ISA in a ruling that freed blogger Raja Petra, and the GOM is appealing the decision. Prime Minister Abdullah, his deputy and successor Najib and Home Minister Syed Hamid have defended the ISA as essential to national security, while Najib told the Ambassador privately ISA should be retained but used more judiciously.

The GOM released 17 ISA detainees, among them 10 previously linked to terrorist groups, including Yazid Sufaat, from November 5 to December 4.

2. (S) Comment: The ISA is the cornerstone of Malaysia's CT effort and has allowed Special Branch to take successful preemptive action against suspected terrorists and their supporters. Given the GOM's exclusive reliance on the ISA "crutch" and on Special Branch's role, police and prosecutors remain ill-prepared to investigate and bring to trial terrorist suspects (or prosecute other complex criminal conspiracies).

These developments, however, reinforce the conclusion (ref H) that Malaysia cannot take for granted the availability of the ISA as a CT tool in the long run. It remains in the U.S. interest to encourage and assist Malaysia to develop an approach centered on prosecutions and convictions before an independent judiciary to combat terrorism.

3. (C) Comment continued: It is unclear to what extent outside political pressures played a direct role in the GOM's latest release of ISA detainees. The decisions may have more to do with Syed Hamid's personal exercise of authority as Home Minister. Syed Hamid has taken a more proactive role as Home Minister, compared to PM Abdullah who held the position through March 2008 and tended not to become involved in details. End Summary and Comment.

4. (C) The Malaysian government's use of the Internal Security Act (ISA), central to the GOM's intelligence-driven counterterrorism efforts, has come under increasing political pressure since the September ISA arrests of three persons based on political rather security considerations.

The September 12 ISA detentions of an ethnic Chinese journalist, an ethnic Chinese Opposition MP (Teresa Kok), and a prominent blogger (Raja Petra Kamarudin) served the ruling UMNO party's immediate political purpose of sending a warning to opposition politicians and those considering defecting from BN, as some UMNO politicians have told us. This came at a time when Anwar Ibrahim was publicly threatening to bring down the BN government via parliamentary crossovers by September 16.

The arrests, however, also sparked unprecedented public criticism of the ISA, including from UMNO's ethnic minority partners within BN. The Malaysian Chinese Association (MCA), the key ethnic Chinese BN component party, reportedly threatened to leave BN unless the GOM released the Chinese journalist; the GOM complied within less than 24 hours (ref F). Authorities freed MP Teresa Kok after seven days. Home Minister Syed Hamid ordered a two-year ISA detention period for Raja Petra, who was freed on appeal in November in a surprise court ruling (see below).

5. (C) Comment: Unlike his predecessor Mahathir, PM Abdullah refrained from using the ISA for political purposes until December 2007 when police detained five leaders of the ethnic Indian activist group HINDRAF that organized large street protests. The public viewed the GOM's September 2008 ISA arrests as more transparently political, in part because of the lack of public order concerns. End Comment.

6. (C) Political pressure against the ISA did not dissipate following the release of the first two of the three recent ISA detainees. At least eight component parties from the governing BN coalition of 14 parties have since broken ranks with UMNO and called for amending or reviewing the grounds for the ISA, while several have supported the law's abolition.

In late September MCA, BN's second largest party, called for "a comprehensive review of the ISA so that it will apply strictly to cases relating to terrorism and subversive elements," and also argued for the introduction of "checks and balances in the use of ISA."

The leader of the Gerakan party, Koh Tsu Koon, called on the GOM to "abolish the ISA once and for all," and rely on the judicial system instead.

The leader of the Peoples Progressive Party (PPP) also initially called for ISA to be abolished, and on December 1 said PPP would withdraw from BN unless if the ISA were not amended before the next election.

In response, Prime Minister Abdullah called PPP's bluff and said the small party, which holds no seats in Parliament, could leave BN if it wished.

BN MPs so far have not backed up their criticism of ISA with action. In response to a petition circulated in Parliament for the review or repeal of ISA, only one BN MP signed his name.

7. (C) The opposition party alliance (Pakatan Rakyat, or Pakatan) led by Anwar Ibrahim has vocally condemned ISA as undemocratic and unjust, and made the abolishment of ISA one of its highest profile policy goals. A number of senior officials from Pakatan's three parties, Anwar's Peoples Justice Party (PKR), the Democratic Action Party (DAP), and the Islamic Party of Malaysia (PAS) were detained under ISA during the era of former Prime Minister Mahathir.

Not surprisingly, the three parties have vowed to revoke ISA if they come to power.

"Abolish ISA" was the most prominent theme at PKR's annual party conference on November 29, which Polcouns observed. The keynote event concluded with a focus on ISA and featured large screens that scrolled through the list of all 60-plus ISA detainees with the several thousand attendees reciting the detainees' names as they appeared.

Well-known blogger Raja Petra, released from ISA detention only days before, mounted the stage as the surprise guest of the grand finale.

8. (SBU) On November 7, a High Court judge delivered an unanticipated legal blow to the GOM's wide discretion in using the ISA in a habeas corpus ruling that freed blogger Raja Petra.

The Embassy obtained the full text of the judge's 22-page ruling. ISA Section 8.B states "there shall be no judicial review in any court" of the Home Minister's exercise of "discretionary powers in accordance with this Act," except for compliance with procedural requirements.

The judge ruled, however, that the Home Minister decisions could not be "unfettered and arbitrary," allowing for the court to consider whether the Minister's ISA detention order was "in accordance with the Act," and its focus on threats to national security, including the national economy; threats to maintenance of essential services; and threats to the public emanating from a "substantial body of persons" who intend to change the government through unlawful means. In the case of Raja Petra, the judge concluded that the grounds for his detention did not fall within the purview of the ISA.

The government has appealed the ruling and as of mid-December the appeal remains pending.

9. (C) Many civil society groups took the opportunity over the past three months to highlight their standing opposition to the ISA, as well as other emergency ordinances that allow for detention without trial. Both conservative and liberal Muslim NGOs called on the GOM to abolish the ISA, as did the inter-faith Consultative Forum that groups the leaders of all major religions except Islam.

The National Human Rights Commission (SUHAKAM) chairman Abu Talib restated the commission's existing position, namely "detention without trial is against human rights principles; that's why we advised the Government years ago to repeal the ISA."

10. (C) As questions over the ISA have mounted, Prime Minister Abdullah, his deputy and successor Najib, and other senior UMNO leaders defended the ISA as essential to national security. In the wake of public criticism over the September ISA arrests, Home Minister Syed Hamid, who has authority under the ISA to approve detention orders, defended the Act as essential and stated clearly that "we have no plans to do away with ISA."

In early December, Syed Hamid waved off criticisms, arguing that the ISA "has never been abused or used for politics." He also commented that, "Malaysians sometimes don't know how lucky we are in that we have not experienced what is happening in Mumbai (the terrorist attack) and Bangkok (political unrest) now."

He said the fact that there have been no post 9/11 terrors attacks in Malaysia was in part due to the ISA. On December 15, Syed Hamid again publicly defended use of the ISA, stating, "More apt, faster and better to use the ISA... detention under the act is early action to prevent the security of the country from being adversely affected."

11. (C) DPM Najib, who is anticipated to become Prime Minister in late March 2009, told the Ambassador privately on November 11 that the government continued to need the ISA, "even though there are civil liberty concerns," but should reserve ISA only for those who pose "serious threats, like terrorists" (ref A). On December 8, PM Abdullah publicly rejected calls for amendments to the ISA.

12. (SBU) In early December, local and international press reported that the GOM had released 17 ISA detainees from November 5 through December 4. Of those released, 10 had been held for suspected links to Al Qaeda, Jemaah Islamiyah, and/or the Darul Islam terrorist groups.

The released terrorist suspects included Yazid Sufaat, who played an important role in Al Qaeda's anthrax development program, according to the 9/11 Commission. The remaining seven persons released consisted of suspected foreign agents (2 persons), southern Thailand separatists (2), document forgers (2), and prominent blogger Raja Petra, according to an NGO that consistently and accurately monitors ISA detentions.

In his public remarks, Syed Hamid said those recently released ISA detainees had been rehabilitated and no longer posed a security threat to Malaysia.

13. (S) Note: Authorities had detained the terrorist suspects for periods between two and (in the case of Yazid Sufaat) seven years, for an average detention period of four years for the ten individuals. Special Branch relies on a process for rehabilitating ISA detainees, and eventually releasing them under restricted and monitored conditions when judged necessary.

The GOM has never attempted to prosecute any terrorist suspects, including those held under the ISA. This is due in large part to the fact that the GOM pursues almost exclusively an intelligence approach to CT, as opposed to a law enforcement approach that would involve criminal investigations, collection of legally admissible evidence, and development of cases for prosecution in the courts.

In 2007, Malaysia amended anti-terrorism provisions in its penal code and criminal procedures code, but authorities have not yet utilized these provisions. Malaysia also has a poor track record of prosecuting other complex criminal conspiracies, including drug trafficking cases, preferring instead to utilize the ISA and other emergency ordinances to detain suspects without trial. End Note.

14. (S) A well-known journalist contacted us in early December and said that officers of the Police Special Branch had complained to him that Home Minister Syed Hamid had ordered the recent releases of terrorist suspects without adequate consultation and in some cases against the recommendation of Special Branch.

Australian and British diplomats, speaking with Polcouns December 16, stated that Syed Hamid, who is a lawyer by training, personally reviewed the dossiers of ISA detainees and was inclined to approve releases absent compelling justification from the Special Branch.

15. (C) The Thai embassy contacted Poloff on December 15 to express concern over the release of two ISA detainees (Abdul Rahman bin Ahmad and Mat Tarmizi bin Shamsudin, who apparently are dual-citizens of Malaysia and Thailand) who had been held for their connection to the insurgency in southern Thailand.

The Thai diplomat said Bangkok considered Abdul Rahman in particular to be a major player in the insurgency. He noted that those released are required to remain in Malaysia and check in periodically with the police.

The Thai diplomat said he believed the GOM released the detainees in order to diffuse criticism of the ISA. We learned that the Thai embassy also has contacted other Western embassies (UK, France, Australia) to express concern over the recent ISA releases.

KEITH

WIKILEAKS: ANWAR SHIFTS GEARS, NOT GOALS, SAY AIDES

Posted: 02 Aug 2011 01:00 AM PDT

Talks with Razaleigh remain inconclusive because Razaleigh continues to insist on the prospective position of Prime Minister, while PKR estimates that Razaleigh could secure the crossover of only four or five UMNO MPs. Anwar is also maintaining contact with PM Abdullah at this stage, primarily through son-in-law Khairy Jamaluddin, Tian Chua said. Whether members of Abdullah's circle would consider crossing over to Anwar remained an open question.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

C O N F I D E N T I A L SECTION 01 OF 03 KUALA LUMPUR 000991

SIPDIS

FOR EAP AND INR

E.O. 12958: DECL: 07/16/2018

TAGS: PGOV, PINR, KDEM, MY

SUBJECT: ANWAR SHIFTS GEARS, NOT GOALS, SAY AIDES

REF: KUALA LUMPUR 979 - INITIAL REACTION TO U.S. ELECTION

Classified By: Political Counselor Mark D. Clark for reasons 1.4 (b and d).

Summary and Comment

1. (C) Opposition leader Anwar Ibrahim has shifted to a less aggressive posture for now, but his goal remains bringing down the UMNO-led government through parliamentary crossovers prior to Deputy Prime Minister Najib becoming the next UMNO party president and Prime Minister, according to top officials in Anwar's Peoples Justice Party (PKR).

Part of Anwar's strategy entails reaching out to the "losers" in the transition from Prime Minister Abdullah to Najib, including UMNO veteran Tengku Razaleigh. The PKR officials acknowledged that the government's September arrests of three persons under the Internal Security Act (ISA) had sent an effective warning to those considering switching their support to Anwar.

PKR officials and Anwar's lawyers assumed the sodomy prosecution against Anwar would move forward, with a trial phase likely beginning by January. The Opposition was unlikely to support "superficial" reforms that UMNO would try to rush through parliament as part of outgoing PM Abdullah's legacy.

The Ambassador met on October 30 with Tengku Razaleigh, who complained about his inability to compete in the UMNO nomination process due to money politics and contended that the next UMNO president (Najib) would not necessarily become the next Prime Minister.

2. (C) Comment: We currently are witnessing a different tone and pace in the struggle between the Opposition and UMNO following Anwar's unrealized September deadline and the rapid consolidation of UMNO support behind Najib as the next Prime Minister.

While PKR's rationale for wanting to head-off Najib remains in place, Anwar has lost political momentum for the moment and seems to face increasingly long odds in securing future crossovers. Anwar's ability to attract the "losers" from the Abdullah-Najib transition remains theoretical. End Summary and Comment.

Anwar's Less Aggressive Posture

3. (C) Polcouns met separately with PKR Information Chief Tian Chua and PKR Vice President Sivarasa Rasiah on November 3 and 5, respectively. Both PKR officials acknowledged that Opposition leader Anwar Ibrahim has shifted to a lower key approach since the passage of Anwar's public September 16 deadline to bring down PM Abdullah's government through the crossover of 30 or more government MPs.

Compared with September, Anwar is now more focused on consolidating the Opposition People's Alliance (Pakatan Rakyat), which encompasses three parties with often disparate political views: PKR, the Chinese-dominated Democratic Action Party (DAP), and the Islamic Party of Malaysia (PAS). As the formal Opposition leader in Parliament, Anwar is devoting attention to Pakatan's actions in parliament and guiding Opposition MPs, most of whom are sitting in the body for the first time.

Crossover Goal Unchanged

4. (C) Despite his less aggressive public posture, Anwar's goal remains bringing down the UMNO-led government through parliamentary crossovers prior to Deputy Prime Minister Najib Tun Razak becoming the next UMNO party president and Prime Minister, Tian Chua and Sivarasa stated.

The time horizon has shifted from December to March 2009, in line with the shift in the UMNO party elections, at which time Najib is set to become UMNO president uncontested. PKR officials reiterated that Anwar and PKR remain focused on preempting Najib's takeover if possible, because they believe Najib would invoke authoritarian measures to scuttle the Opposition before the next national elections.

In the months ahead, PKR would look for opportunities to weaken support for Najib and the government, for example by criticizing GOM measures in the face of a possible dramatic downturn in the economy following the global financial crisis, or by using new information linking Najib to scandals, like the Altantuya case and the Eurocopter purchase.

(Comment: Anwar and other Opposition leaders have taken up such issues in Parliament over the past few weeks. On November 4, Anwar led a walk-out of Opposition MPs to protest Najib's refusal to allow questions during his presentation of revised budget figures. End Comment.)

Attracting the "Losers"

5. (C) Anwar does not have enough ethnic Malay MPs ready to join the Opposition, according to both Tian Chua and Sivarasa, without which the Opposition faces unacceptable risks of a harsh government backlash justified on the basis of Malay nationalism.

Anwar reportedly hopes to attract disaffected UMNO leaders and MPs who are "losers" in the current transition from Abdullah to Najib; most prominent among these is veteran UMNO leader Tengku Razaleigh Hamzah.

Anwar is also maintaining contact with PM Abdullah at this stage, primarily through son-in-law Khairy Jamaluddin, Tian Chua said. Whether members of Abdullah's circle would consider crossing over to Anwar remained an open question.

ISA as Warning to MPs

6. (C) The two PKR officials acknowledged that the government's September arrests of three persons -- a journalist, an Opposition MP and blogger Raja Petra -- under the Internal Security Act (ISA) had sent an effective warning to those MPs considering switching support to Anwar. (let's mention Petra's release today)

(Comment: In early October, UMNO MP Nur Jazlan told Polcouns that the ISA arrests had been "very successful" in achieving UMNO's objective of intimidating MPs who had considered joining with Anwar. End Comment.)

Sodomy Trial Will Remain a Factor

7. (C) Sankara Nair, a prominent attorney for Anwar, told us on November 5 that, regardless of maneuvers in the current Sessions Court, it only a matter of time before the government shifted Anwar's sodomy case to the High Court, a more favorable venue for the prosecution.

Sivarasa, who also serves as one of Anwar's lawyers, believed that the trial phase of the sodomy case would begin in earnest by January.

Neither Sankara nor Sivarasa believed the government would drop the case.

Opposition Unlikely to Support Abdullah's Reforms

8. (C) The Prime Minister's circle -- through Khairy -- has approached Anwar regarding support for judicial reform measures that would be presented in Parliament soon as part of Abdullah's parting legacy, according to Sivarasa and Tian Chua. The Opposition, however, was unlikely to support these measures because they did not represent meaningful changes.

The Opposition believed, for example, the proposed changes to the Anti-Corruption Commission would leave the body under firm executive control. Following the resignation of legal reform Minister Zaid Ibrahim, Nazri Aziz, de facto Minister for parliamentary affairs, led the judicial reform discussions in Parliament, but he lacked credibility.

Anwar and the U.S. Presidential Election

9. (U) Following his initial remarks of November 5 (reftel), Anwar has continued to comment generally positively on Senator Obama's victory in the U.S. presidential election. Time Magazine highlighted Anwar's remarks on President-elect Obama as the first among those of only 11 prominent world personalities.

Anwar wrote that, "In Obama's victory are sown the seeds of great expectations that a truly new chapter will be written in the history of the world." Anwar publicly claimed he had been in contact with Senator Obama.

Ambassador Calls on Razaleigh

10. (C) The Ambassador met on October 30 with Tengku Razaleigh, who, as the only challenger to DPM Najib for the UMNO presidency, had yet to garner a single UMNO division nomination (he now has one). Casting himself as a reformer, Razaleigh said that he wished to bring greater democracy and transparency to UMNO, but that he could not compete in the current nomination race in the face of engrained corruption and money-politics.

Razaleigh said that Najib's coming to power would allow former Prime Minister Mahathir to regain substantial influence within the government. Razaleigh indicated his relations with Mahathir, his former political rival, remained strained.

11. (C) While Razaleigh conceded that Najib would win the UMNO contest, he stressed several times to the Ambassador that the next UMNO president would not necessarily become the next Prime Minister, but did not further explain this remark.

Razaleigh speculated that there now existed grounds for PM Abdullah and Anwar Ibrahim to work together, for example on reform measures. Razaleigh thought that Khairy Jamaluddin currently acted as the go-between for Abdullah and Anwar. Razaleigh acknowledged, as he has publicly, that he continues contact with opposition politicians, but he did not otherwise signal he planned to leave UMNO.

KEITH

Have things changed that much?

Posted: 01 Aug 2011 05:58 PM PDT

Well, this later proved true when DAP left the opposition coalition and the opposition got whacked good and proper in the 2004 general election. No doubt each party's interest was 'protected'. But then at what cost? At the cost of the opposition cause and by sacrificing the opposition coalition -- which performed its worst in history in the 2004 general election.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

At a dinner with some friends on Sunday evening, they said that I appear to have changed. Like many of you, they were not Malaysia Today readers back in 2004 when it was first launched. Many, I know, only started reading Malaysia Today around 2007-2008.

Actually, if you read what I wrote 12 years ago back in 1999, you will find that my views have not changed much. For example, even back in 1999 I would whack the opposition coalition, then called Barisan Alternatif. Note that in 1999, I was working for PKR (then called Parti Keadilan Nasional) in the media unit.

Then, the DAP people were vilifying me in the late MGG Pillai's website, Sang Kancil, because I criticised DAP on its anti-Islamic State stand. It became so bad that I stopped contributing articles to Sang Kancil and decided to 'boycott' it.

Anwar Ibrahim, who was then in the Sungai Buloh Prison, used to send me memos telling me how the party leadership was very unhappy with my anti-PAS commentaries. Their rationale was that since PAS is a member of Barisan Alternatif, I can't keep whacking them on the Islamic State issue.

While the DAP people were angry that I whacked them on their anti-Islamic State stand, the PKR people were angry that I whacked PAS on their pro-Islamic State stand. Only PAS appeared unperturbed about my views -- which they probably regarded as inconsequential.

Many viewed this as my 'inconsistency'. They thought that maybe I am a very confused person. I whacked DAP when they opposed the Islamic State and I whacked PAS when they proposed it. They did not understand that it is not because of my inconsistent stand on the Islamic State issue as much as my concern that we needed to look at the bigger picture or 'group interest' rather than the narrower 'own party interest'.

In short, we should do things on consensus rather than focus on just party interest at the expense of coalition interest. If we had gone on like this, Barisan Alternatif would have broken up and the opposition would have lost the gains it made in 1999.

Well, this later proved true when DAP left the opposition coalition and the opposition got whacked good and proper in the 2004 general election. No doubt each party's interest was 'protected'. But then at what cost? At the cost of the opposition cause and by sacrificing the opposition coalition -- which performed its worst in history in the 2004 general election.

Anyway, I wrote the following article called 'Tengku Razaleigh: the last Malay gentleman' five years ago on 5th June 2006. Maybe this article can demonstrate what I mean.

**************************************

Tengku Razaleigh: the last Malay gentleman

Those aligned to Anwar Ibrahim feel I am very harsh towards him. Those aligned to Tun Dr Mahathir Mohamad also feel I am very harsh towards him. Those aligned to Najib Tun Razak feel I am very harsh towards him as well. And of course, when it comes to Khairy Jamaluddin, he himself feels I am just too brutal.

Those from the Islamic Party of Malaysia (PAS) cringe whenever I write about their party. But they do not really make a big case out of it. They just whisper into my ear that maybe I am being a bit unfair in what I write. Some even tell me, "Fair comment and comments which our leaders should take note of!"

Those from the Democratic Action (DAP) say they do not mind that I criticise their party. I do not know whether they are just being diplomatic and are trying to give an impression that they are truly democratic and respect freedom of speech, but I am inclined to take what they say at face value.

The Peoples' Justice Party (keADILan) however does not hold its punches. Its Information Chief has issued a press statement 'disowning' me and distancing the party from Malaysia Today.

And of course we need not even mention Umno or Barisan Nasional that have been the brunt of my attacks for many long years, long before Anwar was ousted from power and in the days when he was still being touted as the next Prime Minister of Malaysia -- though in my writings in Harakah back in 1996 and 1997 I did say that this would never happen, and also gave my reasons on why I said so.

Some say I am not consistent. They do not know whether I am coming or going. One day I swing this way and, another, the other. They feel that maybe it is because I am a loose cannon -- and a loose cannon is called a loose cannon because it rolls all over the deck, shoots in all directions, and sometimes shoots its own ship as well. A loose cannon is loose only because it is not tied down and would roll in tandem with the roll of the ship.

Nevertheless, whether I am viewed as inconsistent, or a loose cannon, one thing you can be sure of, I am consistently shooting and everyone sooner or later gets shot. That is my consistency. But then there are some who have been spared my attacks -- those I have great respect for and look up to, though many others may not share my view on them.

And who are these people?

There are many -- Fadzil Noor, Hadi Awang, Nik Aziz, Mustaffa Ali, Husam Musa, Tengku Razaleigh Hamzah, Ibrahim Ali, Shahrir Samad, Lim Guan Eng, Ronnie Liu, Dr Siti Mariah, Dr Lo' Lo' Ghazali, Dr Hatta Ramli, and many, many more. This list is in fact endless. However, not necessarily in order of priority, today I would just like to talk about Tengku Tan Sri Razaleigh Hamzah.

Tengku Razaleigh is one of the few remaining Malay gentlemen as far as I am concerned. And Tengku Razaleigh, as far as I am concerned, became Prime Minister in 1987 but was prevented from taking office due to a brilliant coup launched by the Dr Mahathir Team A camp.

Many say that Tengku Razaleigh has no pendirian (principles). They say he left Umno to form the opposition Semangat 46, then closed down the party and rejoined Umno when he realised he was going nowhere as an opposition leader. He rejoined Umno because all he wanted was power and this can only be acquired in Umno, not in the opposition.

Well, first of all, Tengku Razaleigh did not leave Umno. Umno left him. To be exact, Umno was deregistered or closed down and a new party was formed, also called Umno, or rather Umno Baru. It is just coincidental (or maybe intentional) that the new party was also called Umno. It could have been called anything, but the fact that it was called Umno confused many who thought that Umno Baru was still Umno. It is not.

When the new party was formed, Tengku Razaleigh and his group were not 'invited' to join it. They were left out in the cold, so Tengku Razaleigh had no choice but to also form another party as a platform to continue with what he was trying to achieve. And he called this party Semangat 46 or 'the spirit of 1946' because he still maintained the spirit on Umno which was formed in 1946. If he could not retain the party, he would at least retain the reason or spirit behind why the party was formed in 1946.

Tengku Razaleigh never intended to make it big in the opposition. But now that he was heading what was an opposition party meant he had to work with the other opposition parties. And he knew, as an opposition, he would never achieve what he set out to do. But the opposition was all he had at that moment in time so he had to make the best of it under the circumstances.

Dr Mahathir did this too when he spent almost three years outside Umno soon after the 13 May 1969 race riots. And Anwar is doing this now as well. But whether it is Tengku Razaleigh, Dr Mahathir or Anwar, all their roots are in Umno and Umno would be eventually where they have to return. Tengku Razaleigh did. Dr Mahathir did. And, come a point of time, Anwar too will have to do the same.

So Tengku Razaleigh, just like Dr Mahathir before him, after a stint in the opposition, rejoined Umno. That was what it was all about. The name 'Semangat 46' was a tell all. Semangat 46 was all about the spirit of Umno.

In fact, 'Semangat 46' was not the first choice of name. This name was chosen only because the name 'Umno Malaysia' was rejected by the Registrar of Societies. And the Registrar rejected the name to allow 'Umno Baru' to use the name, which was submitted for registration later, after they rejected the 'Umno Malaysia' name.

It would have been foolish of anyone to think that Tengku Razaleigh was committed to the opposition and had no aspirations to return to Umno. PAS knew this, and that is why they kept Tengku Razaleigh and Semangat 46 at arm's length. They knew that the PAS-Semangat 46 relationship was not a marriage but a mere flirtation and a temporary affair. And that is why the relationship was merely cordial at best, and suspicious at worse, and did not last.

Did Tengku Razaleigh rejoin Umno because of the fallout with PAS? Did Tengku Razaleigh rejoin Umno because he saw he had no future in the opposition? And did Tengku Razaleigh rejoin Umno because all he wanted was power? If he did, then he could have negotiated better terms for his return to Umno.

There were already murmurings that Anwar had started to make his move on Dr Mahathir and that the Prime Minister was going to make his countermove to thwart the attempt to oust him. In fact, many thought that Dr Mahathir brought Tengku Razaleigh back to Umno so that he could remove or neutralise Anwar and replace his deputy with Tengku Razaleigh. Tengku Razaleigh could have placed himself in the position to replace Anwar as the number two once Dr Mahathir makes his move. But Tengku Razaleigh did not and instead the job went to Abdullah Ahmad Badawi -- so all the assumptions about Tengku Razaleigh were misplaced.

When Tengku Razaleigh decided to take on Abdullah for the Umno Presidency -- he in fact received enough support to qualify -- all the divisions were instructed to not give Tengku Razaleigh any nominations. Those that remained stubborn were nipped in the bud. For example, one Kelantan division chief who persisted in nominating Tengku Razaleigh for president received a bankruptcy notice at midnight on the eve of his division meeting.

No court delivers a bankruptcy notice at midnight. But this time it did because there was going to be a division meeting the next morning and they wanted to disqualify the division chief from attending the meeting whereby he would nominate Tengku Razaleigh for president.

Tengku Razaleigh was robbed of his nominations to contest the Umno presidency, as he was robbed of the presidency almost two decades before that. But he did not protest. He did not kick up a fuss. He did not go into a rage and tear Umno to pieces. He took it in his stride like a gentleman. Winning or losing is not important. How you play the game is. Others can play the dirty game. But he will not bring himself down to their same level by also playing dirty.

And that is why today I wanted to talk about Tengku Tan Sri Razaleigh Hamzah, one of the few remaining Malay gentlemen, probably the most misunderstood Malaysian politician. Maybe another time I will talk about some of the others and why I place them on my list of people I respect. If you were to ask me today who I think should be the Prime Minister of Malaysia, I think you know what that answer will be.

Kredit: www.malaysia-today.net

Rabu, 10 Ogos 2011

Malaysia Today - Your Source of Independent News

Malaysia Today - Your Source of Independent News

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