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Monday, February 9, 2015

Evidence points to Anwar’s acquittal, but only if courts are free, say observers

The Federal Court will announce its verdict over Datuk Seri Anwar Ibrahim’s Sodomy II case tomorrow and if he is jailed, it will be the end of the opposition leader’s political career. – The Malaysian Insider pic by Mukhriz Hazim, February 9, 2015. The Federal Court will announce its verdict over Datuk Seri Anwar Ibrahim’s Sodomy II case tomorrow and if he is jailed, it will be the end of the opposition leader’s political career. – The Malaysian Insider pic by Mukhriz Hazim, February 9, 2015.
Tomorrow, Datuk Seri Anwar Ibrahim will learn whether he will be jailed, stripped of all political positions, or be cleared of a sodomy charge and remain a free man and leader of the opposition.
The Federal Court is set to announce its verdict over the Sodomy II case that began in 2008, when Anwar pleaded not guilty to sodomising his former aide, Mohd Saiful Bukhari Azlan, in court. It was the second time he faced a sodomy charge, the first in 1998 after his sacking from government.
Anwar had tasted victory in 2012 when the High Court acquitted him, but the Court of Appeal overturned the decision last year, just days before he was to contest in the Kajang by-election.
The Malaysian Insider asked several observers how they expected the verdict to play out tomorrow. They said that while the opposition leader should be acquitted of charges, “politics” might come into play and see the man – once Malaysia’s prime minister hopeful – imprisoned for a second time.
TMI: Based on what you know of the case, what do you expect the results of the sodomy case will be, and why?
Phil Robertson (pic), deputy director, Human Rights Watch Asia division:  Sadly, I think he’s going to be convicted. I think a lot of people in the international community, other governments think that way as well. There is a great deal of despair about that. 
Once again, it is an example of Malaysia shooting itself in the foot. It has lots of issues to deal with, but for some reason the government is obsessed about knocking out the opposition rather than unite the people and bring the people forward.
The reason I think he will be convicted is because the government has worked very hard to pursue this case through the system. We hope that the court will be independent and impartial, and make their decision based on evidence.
What the government has done is tarnish Anwar’s reputation for seven years through this charge, which is very explosive among Malay voters – they have cast him in the worst possible manner, (accused him of acts) contrary to the beliefs of many Malays on sexual orientation and gender, deliberate smearing him with a charge that shouldn’t be a crime, dragging it out, distracting him from his duties as the opposition leader, and trying to put him back in prison.
The whole process, episode has been outrageous and shameful.
The fact that the government continues to go forward with this shows how it completely lacks the vision of how Malaysia perceived in the world. This is an extremely black mark in Malaysia. I think the government will be stunned by the depth of international anger if Anwar is convicted.
Lim Chee Wee, former Bar Council president:  Anwar should be acquitted, simply because the evidence is weak. In any event, circumstances suggest conspiratorial and selective persecution.
Dr Bridget Welsh, senior researcher, Centre for Asia Democratic Studies, National Taiwan University: I think it’s not appropriate to speculate on the judiciary, let the judges make their decision and follow the letter of the law. 
If that’s the case, from the legal perspective, from the burden of proof, the decision should be that he is acquitted. If it’s something else, then it’s a political decision.
One has to look at the case in totality. There are clearly issues here that raised questions in the application of the law. Ultimately, we should let the judiciary do their job.
The question of the handling of the evidence, the question associated with the application of the law in terms of prosecution of him as opposed to anyone else (was raised). It looks like selective persecution.
Datuk Seri Ambiga Sreenevasan (pic), Negara-Ku patron: I cannot predict what the outcome will be on Tuesday. However, based on the arguments as reported and as I heard presented in court, I would anticipate an acquittal.
Quite apart from the legal issues before the court, I believe that Malaysians are truly sick of the sodomy cases against DSAI (Anwar). I think it’s time for the paranoia to stop. He is not superman! Can’t they just take on his arguments in Parliament? This case in my view (is) a serious reflection of the insecurity of those in power.
Dr Ooi Kee Beng, deputy director, Institute of Southeast Asian Studies:  If there were fairness in the judiciary, if we had a judiciary that was beyond reproach, I think he would acquitted… There is more than reasonable doubt. 
So if I look at the whole case at this point, if look at this case as purely judicial, it looks to me that the prosecution has not done its job.
But this is if I assume that the judiciary is beyond reproach.
But I would say the outcome is 50-50. Because you have to consider the real possibility of the politics involved.
In this matter, you just have to suspect that something fishy is going on. I don’t think any analyst can say they do not suspect any political manipulation in this very long trial. Apart from Anwar’s case, how many other Malaysians were charged and convicted of sodomy? And I doubt not a single Malaysian commits sodomy.
John Malott, former United States ambassador to Malaysia: It is hard to predict the outcome, because this case has been politically motivated from the very beginning, going back to Saiful's meeting with Najib (Prime Minister Datuk Seri Najib Razak) before the charges were ever filed. 
That is not just my opinion, because governments and human rights organisations around the world have said the same thing. This is a political trial. Think about the fact that only seven cases of this kind have ever gone to court in Malaysia's history, and two of them involved Anwar. 
And of course, both cases were brought at politically opportune moments for the government.
If the judgment is made purely on the facts, then Anwar should be acquitted. Mark Trowell, an Australian lawyer who observed the original High Court trial on behalf of the Inter Parliamentary Union, wrote a 300-page book detailing all the evidence and testimony.
I believe that the High Court made the correct decision. Meanwhile, the Court of Appeal acted more like a kangaroo court, holding hearings and rendering its judgment almost instantaneously, all within the course of two days. 
I was impressed that the Federal Court held hearings over the course of many days and that the questions it asked were not biased. Anwar's new attorney, (Datuk Seri) Gopal Sri Ram, had the government prosecutor on the defensive throughout.
For sure, I hope that Anwar will be found not guilty, and I am moderately hopeful that he will be. But this is Malaysia, and who knows? We have been surprised so many times before.
- TMI

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