JAN 23 — Prime Minister Najib Razak seems to have made a U-turn in his position on the much lauded acquittal of Anwar Ibrahim from the sodomy charge.
When the totally unexpected acquittal was stunningly announced on January 9, Najib together with senior Umno leaders were quick to bask in the compliments that poured in from around the world for finally having done justice to Anwar despite the preceding perverted process that was seen as plain political persecution.
Najib, in particular, seemed proud of this High Court verdict, citing it as proof of the transformation that he had brought to the country. In an interview published by the influential Wall Street Journal on January 13, he told interviewer James Hookway that this verdict “underscores the depth of the reform process”. Najib said he was serious about the political reforms — to the extent of risking his chance of winning in the election.
Najib also expressed relief that the Anwar issue was finally over, and that the nation could henceforth tackle more serious issues such as the economy. He said:
“What is important now is that we move forward”.
There is no mistaking from this conversation that the prime minister was seizing this much approved ending to the trial as a positive development that would propel his reform agenda. In fact, he even told Hookway that through these changes he hoped to open up a new chapter with the US as “a partner in promoting democratic politics and free trade across Asia and the Islamic Middle East.”
U-TURN HAS DAMAGED NAJIB
With these words still ringing in the ears, it therefore came as a shock that the Attorney-General filed a notice of appeal against the Anwar acquittal on January 20. Even more shocking was Najib’s complete dissociation with this appeal the next day. The New Straits Times quoted him as saying that the appeal was something strictly between the complainant and the Attorney-General, and has nothing to do with his government and Barisan Nasional (BN).
Extending this Najib rationale, it must follow that High Court judge Mohamad Zabidin Mohd Diah’s decision to acquit and discharge Anwar should have even less to do with him, BN and the government. Then on what basis was Najib claiming that judge Zabidin’s decision was proof of the extensive political reforms that he claimed he had carried out for the country?
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Appeal against Anwar’s acquittal: A fatal error — Kim Quek
January 23, 2012 – MI
Posts Tagged ‘Sodomy II
Govt appeals Anwar’s acquittal
As expected, Prime Minister Najib Razak’s government has decided to appeal against the acquittal of Opposition Leader Anwar Ibrahim from trumped-up sodomy charges.
“As Anwar himself has made clear, it is the Attorney-General’s right to appeal. So, let’s wait and see whether there will be political interference. One thing though, this will make Malaysia a laughing stock in the eyes of the world community. It is an indictment on Najib’s leadership, it shows his indecisiveness and his inability to control the extremists in his party, hence the flip-flops,” PKR vice president Tian Chua told Malaysia Chronicle.
Indeed, this is the second flip-flop of the day in Malaysia’s highly suspect judicial system, which is widely known for its notorious subservience to top political leaders.
Earlier on Friday, the Appeals Court, with an obvious eye on looming general elections, reversed a High Court decision to acquit DAP chairman Karpal Singh from alleged sedition charges against the Perak Sultan.
“These are is obviously political decisions by Umno-BN. Umno continues to abuse state powers and use dirty tactics to silence Anwar Ibrahim. Umno will be punished terribly by voters for continuing the persecution of Anwar Ibrahim,” PKR vice president N Surendran told Malaysia Chronicle.
“Very weak leader”
Indeed there is more than meets the eye in the sodomy charges pressed against Anwar, who has blamed Najib and wife Rosmah Mansor of hatching together with complainant Saiful Bukhari Azlan so as to derail his political comeback.
Given the flimsiness of the evidence, experts never expected Najib to take the case to trial stage but he succumbed to pressure from the Umno right wing, especially former premier Mahathir Mohamad, who still harbors deep hatred for Anwar.
Pundits say Mahathir is also concerned that Anwar, who was his former deputy and who nearly toppled him in 1998, knows too much of his past wheeling-and-dealing.
If not imprisoned, chances are high Anwar will become the next prime minister of Malaysia, leading the Pakatan Rakyat opposition to victory in general elections that must be held by April 2013.
KUALA LUMPUR, Jan 13 — A “Malaysian Spring” was already under way and Pakatan Rakyat (PR) “would win power in any fair forthcoming poll”, Datuk Seri Anwar Ibrahim told the Financial Times.
FT reported that Anwar, 64, was looking to relaunch his political career and appeared to pose stiff competition for Prime Minister Datuk Seri Najib Razak to head the next government with his calls for snap polls and widespread economic reforms.
In an interview with Anwar (picture) in Mumbai, the opposition leader had raised questions about the fairness in the next elections, and accused Najib’s government of “election fraud” while failing to carry out various reform, including ending racial economic policies that benefit the majority Malays at the expense of the minority ethnic Chinese and Indian communities, the paper said.
The paper said Anwar was planning to meet with political allies upon his return to Malaysia and begin drafting “a radical election manifesto” that would focus on economic reforms as “corruption and cronyism” under the ruling Barisan Nasional (BN) government would see the country lose out to its Southeast Asian neighbours such as Thailand and Vietnam.
Anwar’s party colleagues in the PKR had said they were offering a new deal to clean up the country in the next elections.
Anwar has called for measures to open up Malaysia’s economy to foreign investors through greater privatisation deals and ending government monopolies and subsidies in certain sectors such as car manufacturing and sugar production, FT reported.
Najib’s attack against political foe Anwar yesterday suggest the 13th general election are likely to be called sooner rather than later, according to an influential international daily.
FT pointed to the intensifying political rivalry between the prime minister and his former colleague-turned-opposition leader following Anwar’s acquittal on a sodomy charge — the second in his career — on Monday.
“Mr Najib, who has been in power since 2009, increased speculation about an early election by attacking Mr Anwar in a forthright speech in Kuala Lumpur on Thursday,” it said in an article titled “Anwar in bid to lead ‘Malaysian Spring’.”
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Anwar says ‘Malaysian Spring’ in progress
January 13, 2012 – MI
Former Malaysian deputy Prime Minister Anwar Ibrahim who was acquitted of sodomy on January 9 jokes that he may be 64 but looks 46. He says his wife Azizah often retorts “you may look 46 but your back is 84.” After meeting him, you realise that it was his strong sense of humour and conviction that he was never in the wrong that helped him survive six years in solitary confinement. It was during that period that he suffered so much police assault that he was once mistaken for dead. His famous photograph with a black eye became the symbol of his predicament worldwide and the beating has left him with a permanent back injury that requires wearing a fortified brace all the time. While he needs surgery, he plans to postpone it since it would affect his travel and preparation for the next general elections in Malaysia. He heads the Opposition Parti Keadilan Rakyat or People’s Justice Party and is confident of winning on a progressive multiethnic platform with emphasis on an independent judiciary and a free media.
The Arab Spring could find an echo in Malaysia which has 55 per cent ethnic Malay Muslims and a large Buddhist, Hindu and Christian population. He was first accused in 1998 of corruption and sodomy and again in 2008 of sodomy which is punishable with 20 years in Malaysia. Despite his serious injury and harsh treatment, he is forgiving. He doesn’t expect an apology from the powers that be and has no plans to sue the government. “Can you sue Hitler?” he asks, adding that he will form the next government. A close aide of former Prime Minister Mahathir Mohammed, he took on corruption within the first family leading to his arrest and conviction the first time. He has been described as a prisoner of conscience by Amnesty International and received widespread support from the world over after he was jailed.
In India at the invitation of Rajmohan Gandhi as part of a pro democratic think thank initiative, Mr Ibrahim is grateful for support from this country and others and this is perhaps what led to his acquittal. He orders “garam paani” (hot water) in Hindi and confesses to being an avid fan of older Bollywood films like Sangam, but is not in touch with current releases. Most Malaysian papers said the acquittal was on technical grounds which is far from the truth, he says.
Excerpts from an interview with Meena Menon.
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A Short Walk to Freedom
Meena Menon
January 12, 2012 – The Hindu
Something extraordinary happened in Malaysia on a bright Monday morning on the 9th of January 2012. An opposition leader whom practically everybody believes will be found guilty of sodomy and jailed was acquitted instead.
The ramification of this event for Malaysia is immense but before we go into this some background perspective is in order.
First of all, BN leaders have been quick to capitalize on Anwar’s acquittal as proof that the judiciary is fair and independent. This is hogwash. One swallow does not make a summer and the judiciary is about as independent as any state institution controlled by Umno. Let’s not forget how Umno made use of the so-called independent judiciary to hold on to Perak during their illegal grab with controversial judgements which treated the Constitution with cavalier disregard.
Najib and Mahathir have promptly declared that Anwar’s acquittal exonerates BN of conspiracy claims. This is again hogwash. If this is a non-politically motivated case it would never have gone to trial in the first place. No prosecutor in any sensible criminal enforcement system will proceed with a rape case without clear medical evidence of penetration. The fact that Anwar was charged with consensual sodomy while his accuser screamed publicly that force was used shows how artificial and disjointed the case was.
A Victory for the People
Now that we have laid to rest the untenable notion of an ordinary criminal prosecution under a fair judiciary the question that begs to be answered is, “Why wasn’t Anwar convicted?” Did the judge decide to rule on merit or did Umno realize that a conviction which nobody believes in will do them more harm than good?
We may never know for sure whether the judge found his courage or Umno relented but in any case it does not really matter as the positive ramification for the country is the same. Such an acquittal could never have happened under Mahathir as the prevailing political environment has much to do with it.
Mahathir created a climate of fear. Under his autocratic and iron-fisted rule no judge would have found the courage to acquit Anwar. Neither did Umno need to pander to public opinion. In 1999 Mahathir had Anwar convicted under the most transparent show trial and then went on to obtain two-thirds majority in the general election held the same year.
In a functioning democracy no ruling regime could have survived what Mahathir did in Sodomy I. It goes without saying that we did not have a functioning democracy under Mahathir. Anwar’s acquittal means that we have moved away from the Mahathirean era to a somewhat better democracy. Our democracy may still be flawed but it is a few notches better than a decade plus ago.
JAN 11 — The judge walked into the court room, read the judgment in one minute, and disappeared into his chamber.
By the time the flabbergasted people in the court room recovered from their shock and realised what it all meant, they jumped in uncontrollable jubilation with shouts of joy, burst of tears, hugging, back-slapping, utterances of congratulations and thanks.
Within minutes, the same ecstatic outburst also came over the thousands of supporters gathered outside the court building. In fact, the sense of joy and emotional relief has quickly reverberated right across the nation, transcending race and religion.
Such was the high drama that greeted the totally unexpected acquittal of Anwar Ibrahim from the sodomy charge by Justice Mohamad Zabidin Mohd Diah at the Kuala Lumpur High Court on January 9.
And such was the impact of this sensational Anwar story that it travels instantly around the globe with international TV channels like Al-Jazeera and BBC stopping their programmes to break the news, which no doubt has also brought relief and satisfaction to overseas pro-democracy and human rights bodies and well-wishers who had been anxiously awaiting the outcome of this sodomy trial.
No doubt the heightened sensation derived partly from the shock element of the verdict as no one had expected an acquittal. This is due to the fact that the trial had been so outrageously unjust and vindictive right from the start that everyone recognised it as political persecution and had anticipated a conviction and possibly instant jail on D-day, January 9. And so, imagine the joy of learning the opposite in such a dramatic fashion at the end of this long drawn ordeal.
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Anwar acquittal alters Malaysian political landscape — Kim Quek
January 11, 2012 – MI
JAN 11 — We are a funny lot.
Just because of one acquittal, we claim to have an “independent” judiciary. Forget about Eric Chia, forget about the first sodomy trial, forget about what happened to Teoh Beng Hock and let us all just focus on this one and only trial.
From the mainstream media to the online news portals, the response from the government and the opposition leaders to the verdict was akin to striking the lottery.
Today’s headlines in the Star and NST, “Government says it shows freedom of judiciary”, “Slow reassertion of Malaysia’s public institutions”, “Court ruling clears government of baseless accusations.”.
Really? I may be wrong but to claim the judiciary’s independence from one trial verdict seems a bit premature, no?
Why is this verdict such a landmark one… that the entire judiciary’s independence is based on it? Or is it because the verdict went against the establishment that we feel it is independent and free?
In case you haven’t realised, going against the establishment seems to be the “in” thing nowadays. It has been demonstrated by students from UPSI whose tuition fees are borne by us, the taxpayers. They became overnight heroes to some for their so-called “courage”, no matter how misplaced that was.
In as much as I wonder what their grades are like, and whether we should have such individuals teaching our children, I also wonder whether the rakyat will still claim judicial independence when and IF the appellate court overturns the verdict later? Less we forget, the AG has the power to appeal.
Or will we cry conspiracy then?
I ask because I think it is too early to celebrate. Mind you, this is not a perfect science, because only science expects predictable, reproducible results time and again. This is the judiciary.
Malaysian judiciary at that.
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An independent judiciary… really?
Dr Kamal Amzan
January 11, 2012 – MI
The debate on whether the judiciary is indeed acting independently for acquitting Anwar Ibrahim will continue to rage on, and both sides of the political divide, especially the BN, will claim some measure of merit from it.
The case which took the nation hostage had lasted two and a half years and should never had seen the light of day. And throughout the whole two and a half years, the cost to Malaysia has been dear indeed.
In 1998, the then premier Mahathir Mohamad single-handedly destroyed investor trust in the country with a rash of misguided economic and currency controls, following it up with the double whammy of an Anwar jailing on clearly trumped-up sodomy charges. The Asian Financial Crisis and Sodomy I were Mahathir’s downfall, creating deep and long-lasting scars for Malaysia, and deservedly, they resulted in his being forced to resign in 2003 or risk losing the 2004 general elections.
In 2008, despite a first-hand lesson in Mahathir’s 1998 fiasco, Prime Minister Najib Razak and wife Rosmah Mansor – blinded by their craze for power – decided to reprise Mahathir’s failure. To the first couple, it may have been a stopgap measure to break Anwar’s rise and huge popularity, but to their horror, they could not climb down from the bandwagon they created, and which Mahathir was only too happy to help turbo-drive along.
Earlier this week, at the very brink, Najib and Rosmah suddenly veered, frightened by the political repercussions for themselves. But it is the nation that has bled and will continue to haemorrhage because of their unprincipled move.
Added to Mahathir’s blunders, Najib’s Perak crisis and Sodomy II will ensure that Malaysia will continue to be distrusted for a long while more, viewed as a milder form of Zimbabwe but worst than Myanmar, where the hardline milittary junta has already backed off and Aung San Suu Kyii finally permitted to stand for elections.
A touching video on 901
Free Anwar 901 Rally
