Trial of Anwar at a crossroad

By Nelson Graves

KUALA LUMPUR (Reuters): The trial of Malaysia's sacked finance minister Anwar Ibrahim has reached a critical juncture, with the judge weighing whether to dismiss corruption charges against him. No matter how the judge rules, a multitude of legal cases promise to keep Anwar's grievances -- at the core of Malaysia's political turbulence -- in the spotlight for months to come.

High Court Judge Augustine Paul was expected to decide on Saturday whether to dismiss four corruption counts against Anwar or prolong his criminal trial by ordering the former cabinet minister to enter a defense.

If acquitted, the former prime-minister-in-waiting still faces one other count of corruption and five of sodomy. He has been denied bail and thus would remain in a local prison.

Additionally, the attorney-general has said more sex related charges could be pressed against Anwar, who was sacked in September and arrested later that month.

Lawyers in Kuala Lumpur said the judge was almost sure to order Anwar to mount a defense against the corruption charges.

"In criminal cases, a judge rarely decides there is no prosecution case against the accused at this stage," a senior lawyer said. "Anwar is almost sure to have to enter a defense."

In that case, it would be the defense's turn to call witnesses after nearly three months of prosecution witnesses.

The four corruption counts under examination since November allege that Anwar abused his authority in 1997 by directing two police officers to obtain written statements from two people denying accusations of sexual misconduct and sodomy by him.

Anwar has denied all 10 charges against him and said he was the victim of a political conspiracy by associates of Prime Minister Mahathir Mohamad.

Anwar's lawyers have said they might call Mahathir and several cabinet colleagues as witnesses if the accused has to enter a defense.

Anwar suffered two major setbacks this month when Judge Augustine accepted prosecution amendments to the four charges, then expunged all testimony relating to sex from the trial.

Anwar's lawyers said the amendments lowered the burden of proof faced by the prosecution by eliminating the need for the government to prove he had committed sex crimes.

By ruling all sex-related testimony as irrelevant, the judge deprived Anwar of the chance to try to clear his name after the prosecution focused for two months largely on alleged sex crimes, they said.

Each of the corruption counts carries a maximum penalty of 14 years in jail and a 20,000 ringgit (US$5,000) fine. Each sodomy charge has a maximum penalty of 20 years in jail and whipping.

Lawyers said the fact the prosecution amended the corruption charges could indicate the government feels it will be difficult to prove sex crimes.

That raises the question of whether the government, looking to general elections which must be held by April 2000, will decide to press the sodomy charges after all -- or settle for trying to convict Anwar over corruption and then drop the case.

The government's unease is compounded by other cases.

Two of the five men named in the sodomy counts as Anwar's alleged sexual partners -- his adopted brother and a former speechwriter --- pleaded guilty to being sodomized by him but later said police had forced their pleas.

They have both appealed, virtually ensuring their allegations of police misconduct will be aired in court.

Anwar has lodged four suits, three of them against Mahathir. In one of the cases, Anwar sued Mahathir for injuries he suffered in police custody in September after being arrested.

The black eye that Anwar showed in court that month and the failure by police to identify the person or persons who beat Anwar have been embarrassments for the government.

This week, the government created an independent commission to investigate Anwar's injuries. The New Straits Times newspaper said it was expected to complete its work in two weeks.

Anwar has also sued Mahathir for slander, claiming 100 million ringgit ($26 million) in damages. That case could provide Anwar with a legal avenue for trying to clear his name of the sex allegations that surfaced in his corruption trial.

Anwar's supporters, who took to the streets by the thousands after his arrest but later quieted down, now appear fired up by the government's decision to form the inquiry panel.

Several hundred shouted slogans for Anwar and against Mahathir outside the High Court this week. His supporters called for an anti-government protest in the capital on Saturday.