ANWAR CHARGED BUT REMAINS FREE

C O N F I D E N T I A L SECTION 01 OF 02 KUALA LUMPUR 000701

SIPDIS

DEPT FOR EAP/MTS, BANGKOK AND SEOUL PLEASE PASS TO THE EAP
TRAVELING PARTY

E.O. 12958: DECL: 08/07/2018
TAGS: PGOV PHUM MY
SUBJECT: ANWAR CHARGED BUT REMAINS FREE

REF: A. KL 688 ANWAR TO BE CHARGED

B. STATE 83221 - RESPONDING TO CHARGES AGAINST ANWAR

C. KL 666 ANWAR TO CONTEST FORMER SEAT

D. KL 626 - ANWAR ARRESTED

E. EAP-EMBASSY KL EMAIL AUGUST 1

Classified By: Classified By: Acting Political Section Chief W. Gary Gr
ay for reasons 1.4 (b
and d).


1. (C) Summary. As expected, on August 7 Anwar Ibrahim was
formally charged with consensual sodomy, but his supporters
were jubilant when the judge ruled the de facto opposition
leader would remain free on a "personal bond." The
Government's prosecution team made no attempt to oppose bail,
and Anwar and his supporters maintained to us that judicial
officials were divided and in disarray due to the weakness of
the case. The ruling means Anwar will be free to campaign
for the August 26 by-election he is contesting, but will be
back in court again on September 10, when the case is
expected to be moved to the High Court and the question of
bail revisited. The Ambassador delivered Ref B points to MFA
Secretary General Rastam late on the afternoon of August 7.
End summary.


2. (SBU) In the Sessions court room packed with his
supporters and the media, former Deputy Prime Minister and de
facto opposition leader Anwar Ibrahim was charged with
consensual sodomy under Section 377B of the Penal Code. He
responded by asserting "this is a malicious slander. I am not
guilty." To the surprise of most observers, the
prosecution team, led by Solicitor-General Idrus Harun, did
not oppose bail, proposing only that it be set at RM 20,000
and that Anwar's passport be impounded. After Anwar's
lawyer Sulaiman Abdullah argued that his client was highly
unlikely to flee, Judge Komathy Suppiah ruled that Anwar
remain free on personal bond of RM 20,000 without surety and
maintain possession of his passport. She fixed September 10
as the next court hearing, when the case is expected to be
moved to the High Court.


3. (C) When the court adjourned, Anwar's family members and
supporters reacted jubilantly. Observers at the hearing
included poloffs, a British diplomat, representatives of the
Malaysian Bar Council, and human rights NGOs as well as top
opposition leaders and MPs. Sankaran Nair, one of Anwar's
lawyers, told us he saw the decision as "very fair" and
explained that under the "personal bond" police cannot detain
Anwar or withdraw the bond but can only summon him to provide
a statement if the need arises. He cautioned that Anwar's
current freedom under the personal bond does not guarantee
that he will be granted bail at the next step in the case,
its referral to the High Court on September 10. Sankaran
stressed, however, that only in very rare cases does a High
Court judge refuse bail after the Session court previously
has granted it.


4. (C) After the ruling, Anwar expressed his appreciation
to poloffs for their presence, and forcefully maintained that
the trial was a sham. He claimed that his sources in the
Attorney General Chambers had told him that legal officials
there had been reluctant to press the charges and were still
weighing the issue until late the previous night, until being
"forced" to go ahead. A clearly relieved Anwar added "thank
God we are not under Mahathir. I do not think I would have
gotten bail." The former DPM was greeted by hundreds of
rowdy but peaceful supporters upon emerging from the court
house. There was a heavy police presence, including
anti-riot Federal Reserve Units and Special Branch agents.


5. (C) The Ambassador spoke with MFA Secretary General
Rastam Mohd. Isa late on the afternoon of August 7, conveying
Ref B instruction points and noting that we had already made
our concerns known to the Malaysian Charge in Washington on
August 6. In response, Rastam recalled FM Rais' exchange
with the Secretary last month in Singapore, during which he
had assured her that Malaysia was acting in accordance with
the rule of law. The Ambassador noted that the U.S. would
continue to raise this issue.


6. (C) Comment. Anwar's assertions that the Government's
prosecution team was less than enthusiastic was lent some
credence by what seemed a desultory and uninspired
presentation by the Solicitor-General. Judge Komathy has a
reputation for impartiality and fairness. The next stage of
the proceedings will be more crucial, however, and the

KUALA LUMP 00000701 002 OF 002


Government is expected to assign a more compliant High Court
judge to the case, a move the defense lawyers told us they
were already preparing to challenge. End Comment.


KEITH