| A freed Anwar with his wife Azizah |
For many Malaysians accustomed to a slavish judiciary, the release of former deputy prime minister Anwar Ibrahim is a shocking development that simultaneously is spawning a new set of conspiracy theories while giving hope for a new era of openness.
The world rejoiced Sept 2 when Anwar was set free from jail after the country's highest court overturned his sodomy conviction.
The decision came six years to the day after his mentor-turned-rival, former leader Mahathir Mohammed, sacked him following a row over the economy.
Anwar has always argued that charges against him were politically motivated and countries like the United States, Australia and Canada viewed him as a political prisoner.
His original trials had been widely condemned as flawed and Malaysia's federal court accepted that his sodomy conviction was unsafe.
The court was reviewing an earlier rejection of Anwar's appeal--but decided to quash the original conviction by a vote of 2-1.
"We allow the sentence and conviction to be set aside. We find the High Court misdirected itself. He should have been acquitted," said Judge Abdul Hamid Mohamad, head of a three-judge panel.
In reviewing the evidence, the court decided the prosecution's key witness was unreliable and in effect an accomplice.
Azizan Abubakar alleged he had been sodomised by Anwar in May 1994.
The date was later amended to May 1992, but when it emerged that the condominium where the alleged act supposedly took place did not then exist, the charge was amended a second time.
The court also concluded that Anwar's co-accused did not appear to have confessed voluntarily, and expressed concern that the police had been heavy-handed.
Anwar was sacked from his post as deputy in 1998 following a rift with Dr Mahathir over how to run the country's economy.
Anwar responded by leading a massive anti-government protest. That evening police broke down his door and arrested him.
In 1999 he was jailed for six years for corruption, and in 2000 he received a further nine years for sodomy.
Thousands thronged to the freed leader's home after his release and thousands more came to the airport to see him off to Germany where he is to undergo back surgery from injuries sustained in a police beating while in custody.
There were many questions in the crowd.
Why did Anwar's wife meet Abdullah a few months ago
Did Anwar agree to leave the country quietly and not threaten the ruling party or the prime minister
Did the government offer Anwar the post of special envoy to the Organization of Islamic Conference
Why did Khairy Jamaluddin, powerful son-in-law of the prime minister Abdullah, visit Anwar hours after his release
Denials from Anwar and Abdullah did not dampen the skeptics.
The Straits Times said new meaning was attached to a meeting that Anwar's wife Wan Azizah Ismail had with the Premier a few months ago.
Her version of the meeting: "I was appealing for sympathy from the Prime Minister to allow Anwar to be warded in the hospital for his medical problems instead of travelling back and forth from jail. That was all."
"His release was because of a court decision. We do not owe anyone anything. There was no negotiation."
Each news development was snapped up as fodder and more questions were raised.
Why did Khairy Jamaluddin, the powerful son-in-law of the Prime Minister, visit Anwar on Thursday night, hours after his release
Why did Saleha Ali, the sister-in-law of former premier Mahathir Mohamad, the man who sacked his deputy, visit him as well
Why is the Saudi Arabian government providing the former prisoner a private jet to ferry him to Munich for medical treatment How is it that it could be made available on such short notice
Explanations from Anwar and his aides could not stem the tide of rumours and speculation.
"This is outside politics, this is family. She is like a mother to me,"Anwar told reporters of Saleha's visit.
Of Khairy's visit, he said: 'He came just to see what else can be done. It was a very personal family visit...Prime Minister Abdullah was more concerned about the medical condition.
'There was no other issue being discussed except the fact that I need the passport quickly."
As for the jet offer, his aides said that Saudi Arabia made it because of personal relationships struck up when he was in government.
To add fuel that a deal was struck, BBC's Jonathon Kent reported that two days before the verdict, he met with Anwar's wife, Wan Azizah in Penang.
"From what we hear it does appear to be favourable--and I do not want to put out a glimmer of hope," she reportedly told Kent.
Kent said it was the first time she had spoken in such positive terms.
"By the time I returned to Kuala Lumpur, the rumours were gathering weight. It all left one feeling that some kind of deal just may have been done."
"It was clear something was up by the time I spoke to Anwar's endearing and stalwart lawyer, Sankara Nair, on the night before the hearing.
"Oh no, I'm not putting any faith in these rumours," Nair said.
Nair then proceeded to spell out in minute detail to the BBC the next day's schedule of press conferences, passport applications, a possible plane journey to Germany and surgery.
bq.
| Mahathir: still convinced he did the right thing in the Anwar case |
bq. I am entitled to my opinion and entitled to take whatever action based on my own opinion In this case, as prime minister, I don't have to wait until there is no reasonable doubt. I have every right to dismiss anybody on mere suspicion.
bq. I am not challenging the decision. This is a decision from two out of three. Obviously this is the process of law, if you have majority decision, therefore the majority holds.
bq.
| Anwar: believes he would still be in prison if Mahathir was PM |
bq. I've been advised, and I concur with that advice, that it's best to ignore him.
bq. After all, Malaysians have ignored him, including the present Prime Minister, otherwise I wouldn't have been released.
bq. Had Mahathir been taken seriously, I would still be in prison...It would have been impossible if Dr. Mahathir had been reigning, because he would have ensured the judgment would have been scripted"
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While most Malaysians were talking about the "deals" and how Malaysian premier Abdullah Badawi would be favourably viewed by the world for allowing the judiciary to operate independently, one well connected Malaysian political commentator gave a different view of events that transpired on Sept 2.
"Anwar almost did not make it home on that September 2.
At 8.30am, half an hour before the court was supposed to sit to deliver its verdict, the Chief Justice met two of the three judges who were going to acquit Anwar to ask them to change their verdict. They could not. Not only was the verdict already written, but also word that these two judges had ruled Anwar innocent had spread two weeks before that and all and sundry were aware of it. It was too late to change the verdict. The best they could do to help save the government's face was for the judges to say that they believe Anwar is guilty as charged; the only thing is the prosecution had not been able to prove it due to lack of evidence. If there was no evidence, how could the judges say that Anwar is guilty What is the basis of his guilt This was never explained.
When it was clear that the judges would not budge, the powers-that-be contacted the Sultan of Pahang to solicit his help. One of the judges is related to the Pahang Sultan so maybe this would do the trick.
It still did not help though. Anwar would have to be set free and no Sultan or Chief Justice was going to be able to prevent this. But they would nevertheless mention that they believe Anwar is guilty though they are setting him free. This was merely a damage control exercise so that the government need not be embarrassed by the decision."