A suggestion has been mooted by a member of Anwar Ibrahim’s defence team in the Sodomy 2 case whereby a judicial review of the jailing of the opposition leader be done to try and save him from his five-year jail term imposed by the apex court of Malaysia.
While this is a good idea, it is, like all other avenues previously attempted to save him, end up in a cul-de-sac. This is because there is wide speculation and belief that there is a tinkering of the judiciary by the executive in this country.
This therefore brings into focus a serious question: Are Malaysian courts competent and free of interference? Even an iota of doubt casts aspersions on the judiciary and this is why a case of this nature needs to be studied and dissected by legal experts from an international panel.
The only way justice is to be served fairly for Anwar and his accuser Saiful is for both parties to contest in an international tribunal and the reason is simply because the Malaysian government of the day has an obvious interest in wanting to put away Anwar from the local political scene.
The very fact that the Malaysian government has a vested interest in this matter means that there is every chance and likelihood that the judiciary will be under tremendous pressure to do the executive powers a favor.
Najib-Dr M fight for control of Umno sharpens
Former premier Dr Mahathir Mohamad, ever the wily politician, was quick to issue a statement on the eve of the verdict's announcement that Malaysians should 'accept' the court's decision if Anwar was acquitted.
Mahathir, whom Anwar blamed for 'fabricating' the sodomy charges that led to his first incarceration from 1998 to 2004, was perhaps at his hypocritical best when he made that statement.
It was clearly aimed to distance himself from the fallout of an Anwar jailing in the Sodomy II case, which Prime Minister Najib Razak and his wife Rosmah Mansor have been accused of initiating.
A day after Anwar's conviction and amid massive outpouring of public rage towards Najib and the judiciary for the alleged blatant injustice of Sodomy II, Mahathir fired a direct shot at Najib, his rival in Umno.
With aplomb, the still agile 90-year-old said 'If I were PM now, I would resign'. Indeed, the stodgy and less savvy Najib, despite being nearly 30 years younger, has only himself to blame if he gets ousted from the PM's chair. Umno insiders are already betting that this will happen before the end of 2015.
Dangerous verdicts
Both the verdicts of Sodomy 1 and Sodomy 2 are dangerous verdicts which have begun to worry right-thinking Malaysians and the international community and investors and tourists over the state of the judiciary in this country and the justice it dispenses.
Anwar’s incarceration has drawn flak from many Malaysians and the international community and other individuals and organizations. If anything, the verdict of guilty seem to create more doubts and suspicions than ever and many people are not satisfied that justice has been done.
This is why bringing the matter up in a court free from the interference of the Malaysian government, if any, will cause a truly independent panel of judges to arrive at a more accurate and satisfactory decision rather than putting the poor Malaysian judges in a bind.
It is obvious that there is more than a grain of truth in the statement of claim by Anwar that this is a political conspiracy to cripple his political career as was his consistent claim in the Sodomy 1 case as well.
Down to the wire
Trying to seek a judicial review will only prolong and drag on the case without an end. It is expected to meet the same fate. The best bet is to go down the wire and for the benefit of everyone concerned to get a highly qualified and capable international panel of judges to hear this case.
It will also serve as an acid test to measure the competency of the Malaysian judiciary and to see if there really is a separation of powers between the judiciary and the executive in this country. It is just really very easy for the executive in the present political climate to dictate terms to the judiciary.
This is why the jailing and sentencing of Anwar has caused even more questions to arise that have not been satisfactorily answered and it is mind boggling to think that a political leader of this country goes to jail twice for the same offence.
Most Malaysians know Anwar as intelligent, God-fearing and basically a family man. Therefore, it is unthinkable to them that Anwar will fall for the same crime as the saying goes “once bitten twice shy.” This is the reason the whole scenario of Sodomy 1 and 2 have caused more questions and doubts.
Justice for all
Malaysians must realize and be aware that what really was on trial in Sodomy 1 and Sodomy 2 is Malaysian justice and not Anwar. Anwar was merely the “guinea pig” in this show to Malaysians and the world that in this country justice is being compromised.
This is really what it boils down to and puts further pressure now, not on the opposition coalition of Pakatan Rakyat (PR) or Anwar, but on the Barisan Nasional (BN) government that justice in this country is being severely compromised and everyone is now taking note.
It really is now up to legal experts and those with experience in meting judgments in cases of sodomy to go to work now to restore the due rights of both Anwar and Saiful and to arrive at a decision that is free of an kind of political motive and interference.
Only then, and once and for all, will everyone be satisfied that justice has been truly served and for these independent experts to arrive at the truth and get to the bottom of whether Anwar is really a sodomite as right now there is even greater confusion.
This confusion and convolution only serves the purpose of helping BN to continue to stay in power although their welcome is long over. The danger of failing to accord Anwar true and real justice is set to see this nation dragged into the throes of a failed state sooner or later and this is for sure. - MAILBAG
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