The latest setback for former deputy prime minister Anwar Ibrahim came last Wednesday when the Federal Court slammed the doors on him from exonerating himself after being convicted of corrupt practices.

The Federal Court's decision in dismissing Anwar's appeal against his first conviction brought an end to the legal avenues that was available to the former deputy premier for an acquittal.

The first case, over Anwar's attempts to tamper with police investigations into his alleged sexual misconducts (officially charged with corrupt practices), started in 1998. He was found guilty and sentenced to six years' jail in 1999. His appeal to the Court of Appeal was rejected the following year and the Federal Court put the final nail to that appellate process last Wednesday.

The second case, which was a follow-up from the first case, was over Anwar's sexual misconduct against his adopted brother and his wife's former driver. He was found guilty of these charges in 2000 and sentenced to nine years' jail. His appeal against this conviction and sentencing is still pending before the Court of Appeal.

Anwar has always maintained that the two court cases brought against him that resulted in two separate convictions of six years and nine years respectively were a result of high political conspiracy to remove him from challenging Prime Minister Dr Mahathir Mohamad.

To make things worse, his sentences run consecutively, meaning that he will be in jail for a total of 14 years, minus the normal one-third reduction.

Anwar's battle to clear his name would have gained an upper hand if the Federal Court had allowed his appeal last Wednesday. If that had been the case, Anwar could have approached his second appeal with more confidence to clear his name. His belief in the judiciary too would have been restored.

With this opportunity gone, what is now left for Anwar to clear his name and become a free man again?

Second appeal

The first obvious choice will be to appeal against his second case.

Until now, no date has been set to hear this appeal. It could still be long way before the Court of Appeal hears this matter, and longer still for the Federal Court to open its files.

Judging by the appellate process from his first case, Anwar might have to wait for another year at most before the appeal goes to the Federal Court. If that appeal goes in his favour, Anwar's only consolation will be that his name is at least cleared in this case.

However the burning question is, will Anwar have any confidence at all in the judiciary for him to instruct his lawyers to push for an early appeal date?

On Wednesday, Anwar told the court that "the conspiracy of the highest level has now come full circle to include the courts and the judiciary that have been emasculated and bludgeoned into submission by the hands of Dr Mahathir".

That being the case, the only reason to continue this rigmarole in the courts would be to garner public support and keep his issue alive.

Judicial review

On the other hand, there is still one other legal aspect of Wednesday's decision that Anwar can pursue. He can apply for a judicial review of that decision and ask a new panel of the Federal Court to set aside that decision before making a new one.

A recent case suggests that this is possible journalist MGG Pillai has successfully obtained an order from the Federal Court to review its previous decision in dismissing his appeal against a defamation suit.

Anwar may consider using technical defaults that could have arisen from the Federal Court decision to file for such a review application. Anwar might have in fact started the process rolling by making a statement last Friday that he was unhappy that only two of the three judges that heard the appeal had delivered judgments.

Only chief justice Mohamed Dzaiddin Abdullah and justice Haidar Mohd Noor delivered their judgments. The third member of the panel, justice Steve Shim did not even deliver a note or utter a word that he concurred with the other two judges.

This is the common practice in the Federal Court where judges often say they concur (agree) with the fellow brothers if they do not have a written judgment.

There is a possibility that this procedure could work in Anwar's favour, but that depends very much on legal arguments and precedents. Then, even if a review application were obtained, Anwar would have to come again to the same Federal Court for his appeal to be re-heard.

And herein lies the problem of Anwar having no confidence in the judiciary to give him a proper hearing. Would he want to be back in the same arena that he said was filled with non-independent-thinking judges?

That being the case, Anwar's chances of clearing his name then lies away from the corridors of justice.

Royal pardon

One possible manner will be to seek a royal pardon for the first offence. Now that the legal procedure for the first case is over, Anwar can pursue the matter before the Yang di-Pertuan Agong.

The Agong is empowered by the constitution to grant pardon on the advice of the pardons board, whose members include the attorney-general and a minister.

Anwar will be aware that the prospect of getting a pardon depends on various factors, such as the strength of his case as well as the political will of the day.

Many Anwar supporters however argue that a pardon will not be forthcoming. This is judged from the political conspiracy theory that Anwar said was behind his incarceration.

By extension of the theory, a pardon will not be given as constitutionally the Agong must act upon the advice of the prime minister and if the PM is involved in the fate the befell Anwar, then it will be useless to seek a royal pardon as it might be dismissed on the advice of the PM.

However this argument is pure conjecture and has no strong basis.

On the other hand, a stronger argument for Anwar not seeking a royal pardon is that Anwar himself will be looking for an acquittal of any wrongdoing, and not a pardon that would give the impression that he is admitting to committing the offences, but is seeking forgiveness.

Whatever the decision is, it is clear that Anwar will be in a dilemma and maybe even in conflict with his supporters if he should wait for exoneration or take any opportunity to be free again.

It is likely that it is the latter option that will have the support of his followers as this prospect sounds promising and could be realised sooner.

Political changeover

The change in the ruling political landscape in the country next October following the retirement of Mahathir will see the present deputy Abdullah Ahmad Badawi at the helm of both party and government.

It is being widely regarded that what has happened to Anwar was a result of a personal battle between Mahathir and Anwar. At the same time, Abdullah is also seen as a weaker leader compared with Mahathir, creating a possible opportunity for other aspiring Umno leaders to topple him for the top post.

With these given situation, Abdullah may want to create a new political manoeuvre to consolidate his position. He can do this, in the name of Malay unity, by releasing Anwar, thus cementing his position as well as making himself popular.

The prospect of this happening cannot be ruled out, especially if one notes that in the history of Umno, leaders who left the party or were sacked after a bitter dispute, eventually ended up again in the party.

However it is uncertain at this stage if Anwar is prepared for this, though he has said that there has not been any contact for reconciliation with anyone from Umno. He however said he wants to continue fighting for reformasi, and this is one offer that Abdullah will be in a position to give an opportunity to reform from within.

New government

The last option that many Anwar supporters, and perhaps the man himself, would want is a change in the government in the country come the next general election, due to be held before 2004.

A new government, which according to Anwar supporters, will be a truly reformed government with an independent judiciary that can re-open Anwar's cases that could subsequently clear his name.

The need for a clean government was the reason for the birth of Keadilan as a political party and one of their main aims is to seek justice for Anwar. One way they can do this is by forming the government through the electoral process.

Until that happens, they will have to keep Anwar's distress in the limelight as well as within the sight and hearing of the international world. It is for this then, they will have to convince Anwar that he needs to be seen exhausting all available options.