Maria Begum International response is starting to filter in on news that Prime Minister Najib Razak’s government has decided to appeal the acquittal of political arch rival Anwar, the Opposition Leader, who was found “not guilty” by a High Court judge last week.
Phil Robertson, Deputy Director of the Asia Division, Human Rights Watch was among the early bird to condemn the Najib administration for its latest flip-flop.
“The trial court gave the government a chance to bow out gracefully from Anwar’s politically motivated prosecution. It’s very unfortunate that they didn’t take it. This decision means the citizens of Malaysia will be further subjected to the more political machinations in the courtroom as the government perpetuates this travesty of a trial for a crime that should not be a crime in the first place,” Phil said in a statement.
Persecution, not prosecution
Meanwhile, Anwar’s lawyer Sankara Nair said he has yet to be notified of the decision. He slammed the move as an obvious case of “political persecution” and not prosecution.
“I have not been formally notified by the prosecution. However if it is true, then it is most regrettable and atrocious- given that the trial judge has stated succinctly, in his verdict that the crucial evidence was “tampered”,” said Sankara.
“Hence the substratum of the prosecutions case is fatally demolished,rendering any appeal, no matter how many times, an desperate act in futility. It appears to be a case of political persecution of Anwar and not prosecution.”
As for Anwar himself, he has said it was the Attorney-General’s right to appeal but warned that there should be no government or political interference. However, most Malaysians would tell him that this may be beyond the manipulative Umno, Najib’s party which has ruled Malaysia for the past 5 decades.
Judge conceded key DNA evidence was compromised
Malaysian prosecutors had filed the appeal papers at the High Court criminal registry at 4.30pm on Friday, January 20, according to criminal deputy registrar Halilah Suboh.
On Jan 9, Anwar was acquitted on a charge of sodomising his former aide Saiful Bukhari Azlan due to a lack of corroborative evidence. Judge Mohd Zabidin Mohd Diah delivered his decision to a packed courtroom, as more than 10,000 supporters gathered outside the court building to show their support for the charismatic and popular leader.
“After going through the evidence, I cannot be 100 percent certain that the evidence could have been compromised. Hence, the court is reluctant to convict on such corrobaration of evidence from SP1 Saiful. The court does not exclude the possibility the (DNA) samples were compromised. Therefore the accused is acquitted,” Mohd Zabidin told a stunned courtroom, that took a second before it burst into euphoria and loud cheering.
Najib’s weak leadership and global attention
The decision was praised throughout the world and Najib’s latest inability to stay the course, giving in to hardliners in his Umno party such as former premier Mahathir Mohamad, is bound to increase the negative impression of Malaysia that has furthered worsened during his watch. The move will also underscore Najib’s weak hand on the government as well as his inability to provide political stability and jump-start the already slowing economy.
“Anwar, I have just heard the news of the acquittal. Congratulations. There was never any doubt of your innocence. That it is confirmed for the world to see is a wonderful thing. We are all so very happy for you and for Malaysia,” wrote Paul Martin, the former prime minister of Canada.
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 the plot 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 the trial stage, but he succumbed to pressure from the Umno right wing, especially Mahathir, who still harbors a deep hatred for Anwar.
Pundits say Mahathir is also concerned that Anwar, 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.
Fair and impartial, says Saiful
Anwar was charged on Aug 8, 2008 under Section 377B of the Penal Code with committing carnal intercourse against the order of nature. He was accused of sodomising Saiful at the Desa Damansara Condominium in Bukit Damansara, Kuala Lumpur, on June 26, 2008. If found guilty, he could be jailed for up to 20 years.
Meanwhile, in an immediate response, Saiful said the appeal shows that the Malaysian legal system was fair and impartial.
“My family and I would like to state that with the filing of the notice of appeal, my right to complaint as stated in my 2008 police report has been heard, and (went) through the proper process of justice all the way to the High Court. In accordance with the law (it) has been achieved,” he said in a blog posting.
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