Of the vicious and the vindicated
Martin JallehPublished: Aug 23, 2005 7:18 AM | Updated: Jan 29, 2008 10:21 AM
Lady Justice smiled on Anwar Ibrahim recently as he heard the Kuala Lumpur High Court decide and implicitly declare that he was a victim of a political conspiracy, whilst awarding him libel damages.
It was of course a sharp contrast to the 'appalling' interruptions of 'irrelevant' by a junior judge each time the defence of 'political conspiracy' was raised in the first of the Anwar trials, held in the same High Court quite some time ago.
Apart from it being a clear vindication of Anwar, the courageous judgment of High Court Judge Hishamuddin Yunus in Anwar Ibrahim's libel suit against Khalid Jafri offers the ordinary citizen of Bolehland several valuable lessons.
The first truth that it brings to the fore is the willingness of some of today's politicians, especially those in Umno, to descend to shameless depths by resorting to whatever means to destroy their political opponents.
The judge described Khalid Jafri's defamation as a 'vicious and venomous public attack' against Anwar. Indeed, Bolehland has never seen such a vile public attack on a politician, and especially on one holding such high public office.
In deciding the quantum of damages, Hishamudin stated that among the factors considered was that the allegations in the book 'were not only numerous but also vicious in nature'.
On the motives and conduct of the defendant and the actual effect of the publication, the judge wrote: 'There was malice on the part of the defendants, whose main purpose in publishing the book was to destroy the plaintiff's reputation and political career'.
He added that this purpose was achieved when Khalid and others who conspired with him had put copies of the book in the bags of delegates attending the 1998 Umno general assembly.
The second reality that the judgment highlights is that political conspiracies have become very much a part of the political landscape in Bolehland. The judge agreed with Anwar's claim that Khalid was paid by Anwar's enemies in Umno to write the book.
"The defendant and others who conspired with the defendant achieved their purpose," Hishamuddin said, noting that Anwar's 'political career was ruined as a result of the publication of the book'.
Many are prompted to ask as to who these 'others who conspired with the defendant achieved their purpose' are? Some questions which remain till this day seem to suggest that they were (or still are) very powerful people or people still in power.
Take for example the question (and what it implies) - how did a copy of the defamatory book get into the complimentary bag of each delegate arriving at the Umno general assembly despite an interlocutory injunction granted by a high court judge only a day earlier?
Khalid Jafri went on to write another potentially libelous book titled Daim, rogue of national assets soon after then finance minister Daim Zainuddin resigned from the Cabinet in 2001. He next published a series of sleazy stories in his new Malay-language tabloid, Perdana Sari, targeting then Puteri leader, Azalina Othman.
Yet, he was awarded datukship in conjunction with Melaka's Yang di-Pertua Negri's official birthday in October last year! Was it in official recognition and appreciation of the 'trash' he was churning out all these years?
Anwar Ibrahim has indicated, and quite rightly too, that he has chosen to consider the episode as water under the bridge. It is however hoped that the recent judgment will spur Anwar on to work towards and to instill a political culture based on principles and human decency, and to impress on all politicians, including his followers, that there is no place for poison pen politics in this country.
Khalid Jafri lies in critical state in a hospital with an amputated leg as a result of diabetes. May God have mercy and compassion on him in his hour of need.
It was of course a sharp contrast to the 'appalling' interruptions of 'irrelevant' by a junior judge each time the defence of 'political conspiracy' was raised in the first of the Anwar trials, held in the same High Court quite some time ago.
Apart from it being a clear vindication of Anwar, the courageous judgment of High Court Judge Hishamuddin Yunus in Anwar Ibrahim's libel suit against Khalid Jafri offers the ordinary citizen of Bolehland several valuable lessons.
The first truth that it brings to the fore is the willingness of some of today's politicians, especially those in Umno, to descend to shameless depths by resorting to whatever means to destroy their political opponents.
The judge described Khalid Jafri's defamation as a 'vicious and venomous public attack' against Anwar. Indeed, Bolehland has never seen such a vile public attack on a politician, and especially on one holding such high public office.
In deciding the quantum of damages, Hishamudin stated that among the factors considered was that the allegations in the book 'were not only numerous but also vicious in nature'.
On the motives and conduct of the defendant and the actual effect of the publication, the judge wrote: 'There was malice on the part of the defendants, whose main purpose in publishing the book was to destroy the plaintiff's reputation and political career'.
He added that this purpose was achieved when Khalid and others who conspired with him had put copies of the book in the bags of delegates attending the 1998 Umno general assembly.
The second reality that the judgment highlights is that political conspiracies have become very much a part of the political landscape in Bolehland. The judge agreed with Anwar's claim that Khalid was paid by Anwar's enemies in Umno to write the book.
"The defendant and others who conspired with the defendant achieved their purpose," Hishamuddin said, noting that Anwar's 'political career was ruined as a result of the publication of the book'.
Many are prompted to ask as to who these 'others who conspired with the defendant achieved their purpose' are? Some questions which remain till this day seem to suggest that they were (or still are) very powerful people or people still in power.
Take for example the question (and what it implies) - how did a copy of the defamatory book get into the complimentary bag of each delegate arriving at the Umno general assembly despite an interlocutory injunction granted by a high court judge only a day earlier?
Khalid Jafri went on to write another potentially libelous book titled Daim, rogue of national assets soon after then finance minister Daim Zainuddin resigned from the Cabinet in 2001. He next published a series of sleazy stories in his new Malay-language tabloid, Perdana Sari, targeting then Puteri leader, Azalina Othman.
Yet, he was awarded datukship in conjunction with Melaka's Yang di-Pertua Negri's official birthday in October last year! Was it in official recognition and appreciation of the 'trash' he was churning out all these years?
Anwar Ibrahim has indicated, and quite rightly too, that he has chosen to consider the episode as water under the bridge. It is however hoped that the recent judgment will spur Anwar on to work towards and to instill a political culture based on principles and human decency, and to impress on all politicians, including his followers, that there is no place for poison pen politics in this country.
Khalid Jafri lies in critical state in a hospital with an amputated leg as a result of diabetes. May God have mercy and compassion on him in his hour of need.
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