[TRANSLATION]

IN THE HIGH COURT OF MALAYA AT  KUALA LUMPUR

(CRIMINAL DIVISION)

CRIMINAL APPLICATION NO. ------- TAHUN 1998

Between

DATO' SERI ANWAR IBRAHIM … Applicant

And

INSPECTOR-GENERAL OF POLICE … Respondent

AFFIDAVIT

I, DR. WAN AZIZAH BT. WAN ISMAIL (NRIC No. 8106005), a citizen of Malaysia of full age, a medical doctor, presently residing at No 8, Jalan Setiamurni 1, Bukit Damansara, 50490 Kuala Lumpur, do hereby affirm and say as follows:-

1. I am the wife of the Applicant (hereinafter referred to as "Anwar") herein.

2. I make this Affidavit on behalf of Anwar pursuant to section 367 of the Criminal Procedure Code 1965 on the following ground. Since his arrest on 20.9.1998 and ensuing detention at location(s) unknown, the only occasions when either his lawyers or I had any sort of access to him were for very brief periods on 29.9.1998, 30.9.1998 and 5.10.1998. The first two dates were the dates on which he was produced before the Kuala Lumpur Sessions Court and the Petaling Jaya Sessions Court respectively, to be charged with offences under the Emergency (Essential Powers) Ordinance No. 22 of 1970 and the Penal Code. The third date was when Anwar was produced before the High Court (Criminal Division) in Kuala Lumpur, to which court these cases had been transferred pursuant to section 418A of the Criminal Procedure Code. Anwar's lawyers have not therefore had the opportunity to fully confer with him for the purposes of obtaining instructions and enabling him to affirm an affidavit (or affidavits) in support of this application. Further, and most significantly, since Anwar has been and continues to be detained under the Internal Security Act, 1960, at location(s) unknown, he is not freely accessible for the aforementioned purpose.

3. Unless otherwise stated, all facts and matters stated herein are based on my personal knowledge, and are true. As I am making this affidavit under pressure of time, I reserve the right to file further affidavits in support of this application in order to bring forward other or further facts or documents.

4. On 20.9.1998, Anwar was arrested, and he has since been detained under the Internal Security Act, 1960.

5. Anwar was never produced before a Magistrate within 24 hours of his arrest, or at all, save and except that on 29.9.1998, 30.9.1998 and 5.10.1998 he was produced before the Kuala Lumpur Sessions Court, the Petaling Jaya Sessions Court and the High Court (Criminal Division) in Kuala Lumpur respectively. I am advised by my solicitors and verily believe that this is contrary to the provisions of Article 5 of the Federal Constitution.

Events Leading Up to the Arrest of Anwar

6. On 2.9.1998, Anwar, who is the erstwhile Deputy Prime Minister and Finance Minister, was summarily sacked from the aforementioned posts which he had held in the Government.

7. The following day, on 3.9.1998, in proceedings in the High Court (Criminal Division) wholly unrelated to Anwar, namely, an application by one Dato' S. Nallakaruppan, four affidavits were filed by the prosecution. These were the affidavits of ACP Ramasamy s/o Veerapan, the Director-General of Prisons, SAC II Musa Hassan and the Attorney-General. The said affidavits were affirmed in response to an application by the said Dato' S. Nallakaruppan, who was then being detained at Bukit Aman for alleged offences under section 57 of the Internal Security Act, 1960 (which provides the mandatory death sentence) for an order that he (Dato' S. Nallakaruppan) be transferred from Bukit Aman back to the prison in Sungai Buloh. There are now produced and shown to me and annexed hereto as exhibits marked "WAWI-1", "WAWI-2", "WAWI-3" and "WAWI-4" respectively copies of the transcripts of these affidavits as they appear in "The Star" dated 4.9.1998. The affidavit of SAC II Musa Hassan (exhibit "WAWI-3") contained inter alia allegations of immoral activity, treason and corruption against Anwar.

8. Anwar had at all times vehemently denied these allegations and contended that there was a high-level political conspiracy to topple him from his offices. In fact, Anwar had been aware of such a conspiracy amongst senior politicians as long as a year ago. The conspiracy gathered momentum immediately prior to the UMNO General Assembly in June this year. On 17.6.1998, Anwar commenced a civil suit in the Civil Division of this Honourable Court against the author and publisher of a book entitled "50 Dalil Mengapa Anwar Tidak Boleh Jadi PM" (hereinafter referred to as "the said Book") for the torts of defamation and conspiracy. As an interim measure, Anwar applied for and obtained a series of injunctions, culminating, on 31.7.1998, in an inter-partes interlocutory injunction against the author, publisher and one other person, preventing inter alia the publication and distribution of the said Book and the repetition and republication of the gross libel contained therein. There is now produced and shown to me and annexed hereto as exhibit marked "WAWI-5" a copy of the said interlocutory injunction order.

9. Notwithstanding this, Anwar was summarily sacked from his public offices on 2.9.1998, and in an emergency meeting of the UMNO Supreme Council held on the night of 3.9.1998, Anwar, who was, at the time, the duly elected Deputy President of UMNO was expelled as a member of the party and sacked as the Deputy President. At the material time, the reason given for Anwar's dismissals was that he was guilty of immoral activities, which was one of the allegations set out in the affidavit of SAC II Musa Hassan referred to in paragraph 7 above.

10. The local mass media had on 3.9.1998 and 4.9.1998 published verbatim the said affidavits in the electronic, broadcast and print media. I crave leave to refer to the exhibits marked "WAWI-1", "WAWI-2", "WAWI-3" and "WAWI-4" respectively. The affidavit of Dato' S. Nallakaruppan in support of his application as referred to in paragraph 7 herein, to which the said affidavits were filed in reply, was, however, not published. In fact, on 3.9.1998, a special edition of "The Malay Mail" was published, which set out the contents of the said affidavits. The said special edition of "The Malay Mail" hit the streets in the afternoon of that date. There is now produced and shown to me and annexed hereto as exhibit marked "WAWI-6" a copy of the relevant pages of the newspaper concerned. I am informed by my solicitors and verily believe that the publication and circulation of this special edition of "The Malay Mail" occurred even before the conclusion of the proceedings in the High Court (Criminal Division) to which they were related. I am advised by my solicitors and verily believe that such conduct is unprecedented, irregular and improper.

11. I am informed by my solicitors that the Bar Council had, in this regard, issued a press statement voicing its grave concern on this. There are now produced and shown to me and annexed hereto collectively as exhibit marked "WAWI-7" a copy of the said press statement by the Bar Council and a copy of a press report thereof appearing in "the Star" dated 9.9.1998. Among other things, the Bar Council noted that the counsel for Datuk S. Nallakaruppan had applied to the Court inter alia to expunge certain paragraphs of the affidavit affirmed by SAC II Musa Hassan (exhibit "WAWI-3"). However, even before full arguments were heard and a decision made by the learned judge on the application, the said affidavits were published in extenso in the media. The Bar Council was further of the view that the publication of the affidavit, which I understand to mean the affidavit of SAC II Musa Hassan (exhibit "WAWI-3"), which contained serious allegations against a third party, in this case, Anwar, who was not a party to the proceedings concerned and not in a position to be heard, was a breach of the rules of natural justice and fair play.

12. Since then, the local mass media has continued to publish on an extensive scale legally unsubstantiated statements attributed to the Prime Minister, various Cabinet Ministers and UMNO leaders maligning Anwar without giving similar reportage to his replies and categorical denials of the allegations.

13. Notwithstanding this and despite the continuous local media onslaught against Anwar, no charges were preferred against him in respect of any of the allegations until 29.9.1998 and 30.9.1998. The charges preferred on those dates are totally unconnected with the Internal Security Act, 1960. On 22.9.1998, the Prime Minister, at a lengthy press conference that was given extensive coverage by the local mass media, made statements concerning Anwar, which were broadcast via television and seen and heard by me, which were scurrilous, scandalous and legally unsubstantiated. In view of the scurrilous and scandalous nature of those statements, I am loathe to set them out in the body of this affidavit and crave leave of this Honourable Court to refer to one of various newspaper reports where these statements were set out. There are now produced and shown to me and annexed hereto collectively as exhibit marked "WAWI-8" excerpts of the said press conference as reported in "The Sun" dated 23.9.1998. On 25.9.1998, the Prime Minister again made statements concerning Anwar which were scurrilous, scandalous and legally unsubstantiated. The Prime Minister was reported to have said, in reference to Anwar, that he did not want "such an immoral leader to take over" from him. "If we have such a leader, Malaysia could lose her independence." The Prime Minister also stated that Anwar is unfit to lead the country and that he could be exposed to various temptations from foreigners to satisfy his (Anwar's) lust, and they would in turn control him. There is now produced and shown to me and annexed hereto as exhibit marked "WAWI-9" a copy of the report in "The Sun" dated 26.9.1998.

14. Notwithstanding the above, and despite continuous assurances from the Prime Minister and the Respondent (hereinafter referred to as "the IGP") that there is allegedly sufficient and conclusive proof for Anwar to be charged in court for a series of alleged offences, charges were only preferred against Anwar on 29.9.1998 and 30.9.1998, ie 9 days after his arrest. During that period, the Prime Minister, various Cabinet Ministers and UMNO leaders intensified the villification of Anwar. Because of his detention, Anwar was denied the opportunity to defend himself against the various allegations. This clearly demonstrates mala fides on the part of the IGP and all parties concerned.

The Arrest of Anwar

15. On Sunday, 20.9.98, at around 9.15 pm, Anwar and I were in the midst of a press conference held at the living room of our home. Suddenly, at least 30 persons including personnel, probably from the Unit Tindakan Khas (hereinafter referred to as "UTK") donning balaclavas and brandishing automatic weapons, together with armed uniformed and plain-clothed police personnel, broke into our home. They barged through the front door, front window and the glass sliding door located in the living room and in the process broke one door and smashed the glass sliding door. This was despite there being ingress through other doors which, at the material time, were opened. They approached us from the rear. There is now produced and shown to me and annexed hereto as exhibit marked "WAWI-10" a press photo appearing in "The Star" dated 21.9.1998 showing some of the personnel of the UTK who broke into our home on the night of 20.9.1998. [I later came to know that at the time of the arrest, more than 200 police personnel had been stationed around the area and had cordoned off all roads leading to our home.]

16. Anwar and I were brought to a corner of the room where a number of the raiding party personnel surrounded us and cut us off from the rest of our family members and the other people gathered there.

17. In the midst of the ensuing panic, Anwar took pains to calm the crowd, including family members and reporters who were present, and requested that they be patient, remain calm and allow him to deal with the situation.

18. The leader of the raiding party then introduced himself to Anwar and me and stated that they had come to arrest Anwar. At that time, the reasons for the arrest were not made known. Anwar then advised the leader of the raiding party that his solicitors had written to the Attorney-General (copied to the IGP) on 11.9.1998 informing them that in the event an arrest was to be effected he would render his full co-operation and peaceably surrender himself when requested to do so. In this respect, the Attorney-General's Chambers had replied in a letter dated 12.9.1998 stating that the Attorney General had taken cognisance of the contents of the 11.9.1998 letter. There are now produced and shown to me and annexed hereto collectively as exhibit marked "WAWI-11" copies of the said letters. In reply, Anwar was told that the raiding party was merely acting on orders from their superiors.

19. Anwar then requested to be shown the Warrant of Arrest issued against him, to which he was informed there was none. Anwar told the leader of the raiding party that they were conducting themselves in a manner most unbecoming of law-enforcement officers and without any respect whatsoever for the law and for personal dignity.

20. Anwar thereafter requested that he be allowed upstairs to dress. Anwar left the living room accompanied by certain personnel. I followed them upstairs. Later, before leaving the house, one of our family lawyers was informed by one of the police personnel that Anwar was being arrested for an alleged offence under s. 377D. No further particulars of the alleged offence were revealed at any time (until Anwar was produced before the Sessions Courts on 29.9.1998 and 30.9.1998) either to Anwar, myself or any of our lawyers.

21. Five of my 6 children and I then followed Anwar and were ushered into a white van accompanied by 4 police personnel. Two of them were armed UTK officers. These two sat in the back of the van with us. The remaining two, one of whom was the driver, occupied the front seat of the van. [My fourth daughter, Nurul Ilham, was not allowed to get into the van together with us and was left in tears pleading to be allowed in. Her siblings also pleaded with the police to let her in, to no avail. I wish to add herein that 2 days later, Nurul Ilham suffered a major anxiety attack at school and had to be brought home, causing alarm and distress to members of the household.]

22. We were told that we were being taken to Bukit Aman. Along the way, after about 15 minutes, the van came to a halt. Anwar was asked to alight and was transferred into a police car, which appeared to me to be a white Proton Wira police car. I pleaded to the police officers to let me accompany Anwar in the same car but this was refused.

23. A few moments later, the Proton Wira police car left. My children and I were taken in the van to Bukit Aman whereupon I was informed by a police officer that Anwar had already arrived there. I pleaded to see him but was refused permission. Since then, save and except on 29.9.1998, 30.9.1998 and 5.10.1998, when Anwar was produced before the Kuala Lumpur Sessions Court, the Petaling Jaya Sessions Court and the High Court (Criminal Division) in Kuala Lumpur respectively, I have not seen him nor have I been informed of his whereabouts despite numerous phone calls made by me to Bukit Aman and letters written to the IGP by our family lawyers. There are now produced and shown to me and annexed hereto collectively as exhibit marked "WAWI-12" the said letters from the lawyers. Anwar's lawyers have also not been allowed to see him, save and except for very brief periods on 29.9.1998, 30.9.1998 and 5.10.1998, when he was produced before the Kuala Lumpur Sessions Court, the Petaling Jaya Sessions Court and the High Court (Criminal Division) in Kuala Lumpur respectively. Those meetings did not afford sufficient or adequate opportunity for substantial conferment between Anwar and his lawyers.

24. A few days after the night of Anwar's arrest, our lawyers, Messrs Aris Rizal Christopher Fernando & Co, received a letter from the police dated 22.9.1998 and signed by one Dato' Ramli bin Yusuff on behalf of the IGP. It was stated therein that Anwar was arrested under section 73(1) of the Internal Security Act, 1960 to enable the police to carry out investigations. There is now produced and shown to me and annexed hereto as exhibit marked "WAWI-13" a copy of the said letter dated 22.9.1998. Subsequently, our lawyers received another letter from the police, dated 23.9.1998 and signed by one Abdul Muluf bin Hj. Ali on behalf of the Director of Special Branch on behalf of the IGP. It was stated therein that Anwar was being detained under section 73(1) of the Internal Security Act, 1960 and that at the stage then, investigations on him were still being carried out. There is now produced and shown to me and annexed hereto as exhibit marked "WAWI-14" a copy of the said letter dated 23.9.1998. In this regard, the local media reported that several reasons were cited purporting to justify Anwar's arrest and detention under the Internal Security Act, 1960. Among those reasons were disruption of public order, illegal assembly and breaking the peace. There is now produced and shown to me and annexed hereto as exhibit marked "WAWI-15" a copy of a report on this which appeared in the "New Straits Times" dated 21.9.1998. I wish to say categorically that, contrary to allegations that Anwar had incited the public to commit acts of violence and rioting, Anwar had at all times advised those who attended gatherings supportive of the causes that he champions:

(i) to always keep the peace and abide by the law; (ii) not to behave in an unruly manner that may give rise to a breach of the peace; (iii) never to resort to violence of any kind; and (iv) never to obstruct the police in the execution of their (the police's) duties.

Anwar's conduct at the time of his arrest is reflective of his approach vis-a-vis the police. It was reported in the press that the City police chief Datuk Kamaruddin Ali said that there was no resistance when Anwar was arrested. The police chief added that in fact, Anwar co-operated with the police. I crave leave to refer to the exhibit marked "WAWI-15" where this fact was reported.

Reasons Why Arrest and Detention of Anwar is Unlawful and Without Validity

25. I am advised by my solicitors and verily believe as folows:

(a) that the alleged acts attributed to Anwar did not fall within the ambit and scope of the Internal Security Act, 1960 and therefore the Internal Security Act, 1960 is inapplicable in the circumstances of the case. In this respect, I wish to say that:

(i) on 21.6.1960, the late Tun Abdul Razak Hussein, then Deputy Prime Minister and also Home Minister told Parliament to the effect that the Internal Security Act, 1960 was meant to protect people from communist subversion and that the powers under the legislation will not be abused. There is now produced and shown to me and annexed hereto as exhibit marked "WAWI-16" a copy of the Parliamentary Debates, Dewan Ra'ayat, 21 June 1960, clmn 1184 to 1192 which recorded the speech of the late Tun Abdul Razak Hussein while reading the Internal Security Bill for the second time. I verily believe that communist terrrorism, which is clearly the basis of the enactment of the ISA, had almost ceased in the mid-1970s. After the 1989 Bangkok Accord, terrorism from the communists ceased altogether.

(ii) the late Tun Hussein Onn, the third Prime Minister of Malaysia, had affirmed an affidavit dated 18.11.1987 and filed in Miscellaneous Criminal Application No. CR-54-30 of 1987 wherein he said inter alia that "from the repeated assurances given by the then leaders and predecessors in office, YTM Tunku Abdul Rahman Putra Al-Haj, YAB Tun Abdul Razak, and YAB Tun Dr. Ismail, I understood that the Internal Security Act 1960 was a measure aimed at preventing the resurgence of the earlier Communist threat to the nation". He also said that during his term of office as Prime Minister he made every effort to ensure that the pledges of his predecessors, that the powers under the Internal Security Act, 1960 would not be misused to curb lawful political opposition and democratic citizen activity, were respected. There is now produced and shown to me and annexed hereto as exhibit marked "WAWI-17" a copy of the said affidavit.

(iii) in March of 1966, the present Prime Minister, then the Member of Parliament for Kota Star Selatan and a government backbencher, said that "no one in his right senses like the ISA. It is in fact a negation of all the principles of democracy." There is now produced and shown to me and annexed hereto as exhibit marked "WAWI-18" a copy of the Parliamentary Debates, Dewan Ra'ayat, 22 March 1966, clmn. 6882.

(b) further, even if Anwar is alleged to have been involved in an illegal assembly, which is denied, there are provisions in the Police Act 1967 (Act 344) which could and ought to have been used instead of the Internal Security Act, 1960 which purports to completely deprive Anwar of his fundamental rights under the Federal Constitution;

(c) even if the Internal Security Act 1960 was applicable, it cannot oust the jurisdiction of this Honourable Court to enquire into the legality and validity of the arrest and detention of Anwar;

(d) further and alternatively, there are no grounds for the arrest and detention of Anwar under the Internal Security Act, 1960, or that the grounds given for the arrest were improper;

(e) Anwar's arrest and continuing detention are in violation of his fundamental rights under the Federal Constitution and the mandatory provisions of the law;

(f) in any event, the entire process of arrest and detention of Anwar is vitiated by mala fides on the part of the IGP.

Mala Fides on the part of the IGP

26. I verily believe that the matters set out in paragraphs 5 to 24 of this Affidavit clearly demonstrate mala fides on the part of the IGP. Further instances of mala fides are set out hereinafter.

(a) On 15.9.1998, Mohamad bin Ahmad, the former Principal Private Secretary to the Finance Minister, was arrested purportedly on suspicion of an offence under section 5 of the Abduction and Criminal Intimidation of Witnesses Act 1947. He was remanded the following day for a period of five days, which was later extended for another six days on 19.9.1998. On 15.9.1998 itself, his solicitors filed an application for habeas corpus which was fixed for hearing on 23.9.1998. On the very day on which that application was to be heard by this Honourable Court, he was produced before the Magistrate's Court at Ampang and released. I verily believe that his early release was timed to stifle the application for habeas corpus.

(b) On 16.9.1998, Azmin bin Ali, the former Private Secretary to the Deputy Prime Minister, was arrested and remanded for alleged corruption-related offence(s). On 22.9.1998, the prosecution sought to extend the remand, purportedly for further investigations notwithstanding that Azmin had been called by the police on no fewer than 5 occasions. The prosecution's application was refused and Azmin was released unconditionally by the court.

(c) On 22.9.1998, the police came to our house and recorded a statement from me pursuant to what the police claimed were investigations under the Sedition Act. On 23.9.1998, I was served with a notice pursuant to section 111 of the Criminal Procedure Code 1965 for a statement to be recorded from me in respect of an alleged offence under s 4(1)(b) of the Sedition Act 1948. There is now produced and shown to me and annexed hereto as exhibit marked "WAWI-19" a copy of the said section 111 notice. That afternoon, I went to Bukit Aman where my statement was recorded. I had to go to Bukit Aman again on 1.10.1998, for the police to record another statement from me pursuant to another section 111 notice. It appears that I am being accused of uttering seditious words merely by expressing concern for the well-being and health of my husband. I wish to point out to this Honourable Court that my husband's well-being and health is of utmost concern to me. Any wife similarly circumstanced would be as concerned, if not more.

(d) On 21.9.1998 and 22.9.1998, my solicitors wrote to the IGP (copied to the Attorney-General) informing him of Anwar's medical condition. The letter dated 21.9.1998 enclosed a letter from his specialist doctor dated 21.9.1998 describing Anwar's medical condition. There are now produced and shown to me and annexed hereto collectively as exhibit marked "WAWI-20" copies of the said letters. The reply received from the IGP's office, dated 23.9.1998, stated that all medical needs had been attended to and emphasised and that at that stage the health of Anwar was not a cause for worry. There is now produced and shown to me and annexed hereto as exhibit marked "WAWI-21" a copy of the said letter. In this regard, I wish to say that the aforesaid representation is diametrically opposed to the assertion made by Anwar when he was produced before the Kuala Lumpur Sessions Court on 29.9.1998, wherein he complained to the Court that he had been assaulted in Bukit Aman the very night of his arrest which took place on 20.9.1998. Despite his pleas, medical attention was not given to him until the fifth day of his detention. A fuller account of Anwar's statement in the Kuala Lumpur Sessions Court is set out in sub-paragraph (j) herein.

(e) On 19.9.1998, a Saturday, two persons, namely, Sukma Darmawan Sasmitaat Madja, Anwar's adopted brother, and Dr Munawar Ahmad Anees, a foreigner who is a friend of Anwar, were produced in separate Sessions Courts, ie, Kuala Lumpur Sessions Court (Criminal) 4 and Kuala Lumpur Sessions Court (Criminal) 1 respectively, where they both pleaded guilty to charges under section 377D of the Penal Code. In so doing, Anwar was implicated in alleged immoral and criminal sexual activity. Sukma had been arrested on 6.9.1998 and remanded and denied access to counsel or family members and produced before the court only on the last day of his 14-day remand. Meanwhile, Dr Munawar had been detained under the Internal Security Act 1960 likewise without access to counsel or family members. I am advised by my solicitors and verily believe that the use of the Internal Security Act 1960 to arrest Dr Munawar was wrong, improper and an abuse of administrative powers in the circumstances of the case having regard particularly to the fact that the was charged under section 377D of the Penal Code. Further, I verily believe that inducement, threat or promise was exerted on the two persons before they were brought to court and that their respective states of mind arising from the inducement, threat or promise had not dissipated when they were produced in court. In the circumstances, I appeal to this Honourable Court to exercise its powers of revision in these two cases.

(f) according to press reports, one of which is from the "New Straits Times" dated 1.10.1998, a copy of which is now produced and shown to me and annexed hereto as exhibit marked "WAWI-22", I came to know that a number of persons had been arrested and detained under the Internal Security Act, 1960, including:

(i) Ruslan Kassim, 39, Head of UMNO Youth of Negeri Sembilan; (ii) Datuk Kamaruddin Jaafar, 45, Head of UMNO Division of Tumpat and Chairman of the Institut Kajian Dasar; (iii) Datuk Ahmad Zahid Hamidi, 45, Head of UMNO Youth and Chairman of Bank Simpanan Nasional; (iv) Ahmad Azam Abdul Rahman, 38, President of Angkatan Belia Islam Malaysia (ABIM); (v) Mukhtar Ridzwan, 47, Deputy President of ABIM; (vi) Abdul Halim Ismail, 45, one of two Vice-Presidents of ABIM; (vii) Shaharudin Badarudin, 33, Secretary General of ABIM; (viii) Dr Sidek Baba, Deputy Rector (Student Affairs and Discipline) of the International Islamic University; (ix) Tamunif Mokhtar, Head of UMNO Division of Bandar Tun Razak; (x) Datuk Kamarudin Mohd Noor, 51, Head of UMNO Division of Pasir Puteh; (xi) Dr Zambry Abdul Kadir; Lumut UMNO Youth chief; (xii) Amidi Datuk Abdul Manan, 25, President of the Malaysian National Association of Muslim Students (PKPIM); (xiii) Ahmad Shabrini Mohd Sidek, Secretary of the Malaysian National Association of Muslim Students (PKPIM); (xiv) Zulkifli Nordin, lawyer; (xv) Asma'on Ismail, Panti State Assemblyman; and (xvi) Abdul Malek Hussein, former PAS Youth Wing Executive Secretary.

From the above list, I have been made to understand that the following individuals have since been released unconditionally:

(i) Datuk Ahmad Zahid Hamidi; (ii) Ahmad Azam Abdul Rahman; (iii) Mukhtar Ridzwan; (iv) Abdul Halim Ismail; (v) Shaharudin Badarudin; (vi) Tamunif Mokhtar; (vii) Amidi Datuk Abdul Manan; (viii) Asma'on Ismail; and (ix) Dr Zambry Abdul Kadir.

I verily believe that these persons were arrested and detained not because they threatened national security but because they are aides, political allies and friends of Anwar. In addition, more than one hundred persons of a large crowd present outside the courthouse at Jalan Raja, Kuala Lumpur, on Monday, 21.9.1998, were indiscriminately arrested and detained for alleged rioting. I verily believe that the authorities used excessive force in dispersing what was a peaceful gathering of concerned citizens.

(g) On 23.9.1998, for no apparent reason, I was served with a prohibition order prohibiting any procession or assembly from being held at my house from 23.9.1998 to 20.11.1998. There is now produced and shown to me and annexed hereto as exhibit marked "WAWI-23" a copy of the said prohibition order. In addition, police blockades were set up at all roads leading to my home. Until 26.9.1998, these blockades were manned by an unusually large number of police personnel who claim to have orders to turn away everyone who comes to visit with the exception of our lawyers and family members. I am advised by my solicitors and verily believe that the said order only prohibits the holding of any procession or assembly; it does not authorise the police to transform my residence and roads leading thereto into a kind of restricted zone denying free ingress to my friends and relatives. I verily believe that this is an unlawful abrogation of my fundamental rights of free speech and assembly. In addition, the IGP had recently stated unequivocally that the police would not issue permits for gatherings which are supportive of Anwar's causes. There is now produced and shown to me and annexed hereto as exhibit marked "WAWI-24" a report thereof in "The Sun" dated 23.9.1998.

(h) On 24.9.1998, the UMNO leadership issued a statement to the effect that all party members known to be present at our home residence would suffer expulsion from membership of the party. There is now produced and shown to me and annexed hereto as exhibit marked "WAWI-25" a copy of a report in "The Sun" dated 25.9.1998 reporting the said statement.

(i) It is clear that the Internal Security Act, 1960 is being invoked to stifle any form of support or sympathy for the causes that Anwar champions. On the other hand, every possible means is being utilised to destroy inter alia his political career and his reputation and those of his family members and close friends. Such conduct, despite the existence of the interlocutory injunction order dated 31.7.1998, clearly exhibits mala fides, and even amounts to criminal contempt.

(j) On 29.9.1998, when Anwar was produced before and charged in the Kuala Lumpur Sessions Court, he informed the Court, and this was seen and heard by me, to the effect that:

(i) On the very night after his arrest on 20.9.1998, in the Bukit Aman police lock-up, he received severe blows above his left eye, right forehead and neck. He was also slapped left and right until his nose and lips bled. At the material time, he was blindfolded and handcuffed behind his back. He was semi-conscious after the assault and later on lapsed into unconsciousness till the next morning.

(ii) The blows to his neck were so severe, and since he suffered from cervical spondylosis, the pain in his neck affected the nerves of his left hand. He was also not able to walk without assistance.

(iii) He pleaded to see a doctor but only received medical attention on the fifth day of his detention.

I wish to add in this respect that on 29.9.1998, pursuant to an order by the Sessions Court Judge, Puan Hasnah Datuk Hashim, a medical examination on Anwar was carried out by one Dato' Dr. Haji Ahmad Shukri Mohamed in Bukit Aman Police Head Quarters. There is now produced and shown to me and annexed hereto as exhibit marked "WAWI-26" a copy of the doctor's medical report dated 30.9.1998. Among other things, the doctor stated that in his expert opinion, Anwar was "assaulted over the left forehead, and neck and received blunt trauma that resulted in residual bruises over the left upper and lower eyelids and residual tenderness over the left side of his neck. The eyelid bruises must have been the result of blood tracking down from the left forehead injury under the skin into the eyelid area."

27. I verily believe, based on all the above, that Anwar's arrest and detention are unlawful. I humbly say that there has been gross abuse of executive powers and of the Internal Security Act, 1960 in connection with the circumstances surrounding Anwar's detention.

28. I crave leave of this Honourable Court to cross-examine all police witnesses in relation to the arrest and detention of Anwar.

29. I crave leave of this Honourable Court to order the production of Anwar before this Honourable Court throughout these proceedings.

30. I humbly say that Anwar's arrest and detention are unlawful and pray that this application be allowed and he be released forthwith.

Affirmed by ) DR. WAN AZIZAH BT. WAN ISMAIL ) at Kuala Lumpur ) on day of 1998 ) at am/pm ) Before me,

.Norliza Othman
Magistrate

This AFFIDAVIT is filed by Messrs. Zainur Zakaria & Co., Solicitors for the Applicant, having an address for service at 4B, Jalan Ceylon, 50200 Kuala Lumpur. (Tel. No. 03-202 3787) (Fax No. 03-202 3785)