POLICE COMPEL ANWAR'S APPEARANCE ON JULY 16;

C O N F I D E N T I A L SECTION 01 OF 02 KUALA LUMPUR 000619

SIPDIS

FOR EAP AND INR

E.O. 12958: DECL: 07/14/2028
TAGS: PGOV PINR KDEM MY
SUBJECT: POLICE COMPEL ANWAR'S APPEARANCE ON JULY 16;
LAWYER PREDICTS ARREST

REF: A. KUALA LUMPUR 614 - ANWAR DUCKS POLICE

B. KUALA LUMPUR 575 - NAJIB FIGHTS BACK

C. KUALA LUMPUR 572 - NAJIB IMPLICATED IN MURDER

D. KUALA LUMPUR 570 - GOM DELIVERS PROTEST TO USG

E. KUALA LUMPUR 563 - ANWAR ON OFFENSIVE

F. KUALA LUMPUR 557 - ANWAR TAKES REFUGE

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

Summary
--------------


1. (C) Malaysian police have threatened Opposition leader
Anwar Ibrahim with arrest if he does not appear at a police
station on July 16 to give his statement in the criminal
investigation regarding sodomy allegations. Anwar's lawyer
publicly stated that Anwar will comply with the police order,
and he explained further that an arrest warrant has been
issued for his client, whom police have identified as a
formal suspect. The lawyer told polchief late on July 15
that he expected Anwar to be arrested tomorrow when he
presents himself at the Kuala Lumpur police headquarters.
While Anwar's arrest tomorrow may not be a foregone
conclusion, but it appears to be an increasingly likely
outcome. The question of bail should arise within 24 hours.
The Embassy will closely monitor events. End Summary.

Anwar to Comply with Police Ultimatum
--------------


2. (U) Malaysian police announced on July 15 that de facto
Opposition leader Anwar Ibrahim must appear at the Kuala
Lumpur police headquarters by 2 p.m. on July 16 or possibly
face arrest. The police have summoned Anwar to provide his
statement for the criminal investigation into allegations of
sodomy made against Anwar by a former aide. Anwar's legal
team confirmed the opposition leader would appear at the
police headquarters as necessary on July 16.

Anwar Criticized for Earlier No-Show
--------------


3. (SBU) Anwar canceled a previously arranged July 14
interview with the police claiming the police had violated a
negotiated agreement for his voluntary appearance by
insisting on serving a court order (ref A). Malaysian
officials wasted no time in criticizing Anwar's
non-appearance, with Home Minister Syed Hamid Albar telling
reporters on July 14 that, "it cannot be that Anwar must be
treated as special and be exempted from the law," and warning
that Anwar could face arrest. Government-controlled press
amplified this criticism of Anwar with July 15 headlines such
as "No Show" and "Anwar Disobeys Police, May be Arrested."

Lawyer Complains, Notes Arrest Warrant
--------------


4. (U) Anwar's lead lawyer in the case, Sankara Nair,
released a statement and held a press conference on July 15
confirming Anwar's intention to "fully cooperate" with the
police order to appear on July 16, but complaining that
police again violated a previous agreement for an interview
to be held on July 17. Nair told reporters that police in
fact had obtained an arrest warrant for Anwar. The lawyer
stated that based on his conversations with police, "Anwar is
a suspect and may be arrested tomorrow."


5. (C) Polchief spoke with Nair late on July 15. Nair
recalled his conversation earlier that afternoon with the
police investigating officer. The officer confirmed police
had obtained an arrest warrant for Anwar and "may" execute
the warrant tomorrow. Nair told polchief he believed the
police indeed would arrest his client at that time. Nair had
heard informally that police had prepared certain rooms to
examine and hold Anwar, and for a possible magistrate's
hearing, which must be completed within 24 hours of arrest.

Televised Debate Still On
--------------


6. (SBU) Prior to his July 16 police interview, Anwar
Ibrahim has two scheduled events. On the evening of July 15,
Anwar Ibrahim will participate in a live televised debate

KUALA LUMP 00000619 002 OF 002


with Information Minister Shabery Cheek on the subject of the
government's earlier dramatic cut in fuel price subsidies.
Anwar has made the government's decision to increase fuel
prices a centerpiece of his populist campaign. The one-hour
debate is scheduled to begin 9 p.m. local time. On the
morning of July 16, Anwar will give his statement to the
Anti-Corruption Agency regarding his complaint that current
Attorney General Gani Patail and current national police
chief Musa Hassan, acting in their previous roles, suppressed
evidence of Anwar's physical abuse at the hands of police
when Anwar was arrested on sodomy and corruption charges in

1998.

Comment
--------------


7. (C) Police will have the option to arrest Anwar when he
appears tomorrow. While this may not be a foregone
conclusion, it appears to be an increasingly likely outcome.
If Anwar is arrested, the question of bail should arise at
the time of the magistrate's hearing that must take place
within 24 hours. The Embassy will monitor the situation
closely, including the public reaction.
KEITH