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Malaysia without Anwar Ibrahim

Gwynne Dyer
Straight.com
February 13th, 2015

Does democracy in Malaysia really depend on Anwar Ibrahim? If it does, Malaysia’s 30 million people are in trouble.

Anwar is back in jail: at least five years’ imprisonment, and another five years’ ban from political activity after that.

He says he doesn’t care: “Whether it’s five years or 10 it doesn’t matter to me anymore. They can give me 20 years. I don’t give a damn.”

But of course he cares. By the time he’s free to resume his role as opposition leader, he’ll be at least 77. The People’s Alliance, the three-party opposition coalition that he created, can’t afford to wait 10 years for him to be free. The real question is whether they can stay together without him as leader. Continue reading “Malaysia without Anwar Ibrahim”

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Malaysia’s dark side

Banyan
Economist
Feb 14th 2015

The jailing of Anwar Ibrahim is a setback for the whole country, not just the opposition

AFTER taking an inexplicable four months to make up its mind, Malaysia’s highest court on February 10th came up with the verdict its critics said had been scripted for it all along. It rejected an appeal by Anwar Ibrahim, the opposition leader, against his conviction on a charge of sodomy—of having sex in 2008 with a young man who had worked for him. It upheld the five-year jail sentence imposed last March. Since a prison term also entails a five-year ban after release from running for political office, this would rule Mr Anwar out of the next two general elections. And since he is 67, it might mark the end of his political career.

The three-party coalition he heads, Pakatan Rakyat, poses the most serious threat the United Malays National Organisation, UMNO, has faced in its nearly six decades of continuous rule. But the opposition depends heavily on Mr Anwar’s leadership, so his sentence sounds like good news for the prime minister, Najib Razak. Celebration, however, would be short-sighted. Continue reading “Malaysia’s dark side”

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Justice and truth in Anwar’s case

Anwar did not have to prove his innocence; it was for the prosecution to prove his guilt beyond reasonable doubt.

By Gerard Lourdesamy | February 12, 2015
Free Malaysia Today

After 22 years at the Bar, I have never failed to be amazed by the development and exposition of the law by our superior courts. Their ingenuity and diligence ought to be commended. Their decisions deserve respect not least because of their consistency and predictability.

The judgment of the Federal Court in Anwar Ibrahim’s final appeal against his conviction for sodomy comes as no surprise to many of us.

The purpose of a criminal trial is to do justice. The role of the prosecutor is not to seek a conviction at all costs but to ensure that justice is done to both the victim and the accused. The process has to be fair and impartial. The golden thread that runs through our system of criminal justice is the presumption of innocence. The accused does not have to prove his innocence. It is for the prosecution to prove the charge beyond a reasonable doubt. The benefit of any doubt must be given to the accused. But the doubt must be a rational and not improbable doubt.

Consent is not required for a charge under Section 377A of the Penal Code, implying that this section deals with cases of consensual unnatural sex. Section 377C of the Code deals specifically with unnatural sex without consent and by implication it may involve some element of force or violence. That is why a heavier penalty is imposed by this section on offenders. Continue reading “Justice and truth in Anwar’s case”

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Anwar Ibrahim’s incarceration and its implications

Mohd Nawab Mohd Osman, Guest Contributor
New Mandala
13 February 2015

The verdict is finally out. After months of speculations over Anwar Ibrahim’s fate, the Malaysian High courts have upheld the guilty verdict for the former deputy prime minister over the charge of sodomy. The verdict was particularly surprising for some within the Opposition circles who were confident that Anwar would be freed. The verdict has in theory sealed Anwar’s political fate given that he will be in prison for five years and be barred from assuming political office for another five years. This – at 77 – would render him too old to become the next leader of the country. The verdict is likely to have long term consequences for both Pakatan Rakyat (PR) and Malaysian politics.

Prosecuting Anwar Ibrahim

Anwar Ibrahim is a key figure in Malaysian politics. He will long be remembered for changing Malaysia’s political landscape. Dismissed as a spent force following his ouster from the ruling party – the United Malay National Organisation (UMNO) – and subsequent jail term for sodomy and corruption, against all odds, he rose from the political doldrums to lead the PR to its best electoral performance in 2008. In 2013, the coalition bettered this performance by winning the popular votes. Continue reading “Anwar Ibrahim’s incarceration and its implications”

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Life after Anwar

John Funston, Guest Contributor
New Mandala
12 February 2015

With Malaysian opposition leader Anwar Ibrahim losing his appeal against sodomy charges and receiving a harsh five-year jail sentence, it could spell the end to his political career.

New Mandala spoke to Malaysia expert Dr John Funston, from the ANU College of Asia and the Pacific, about the trial and conviction, and what it means for Anwar’s, the opposition’s and the country’s political future.

NM: Now that he has been convicted, does this spell the end of Anwar Ibrahim’s political career? Why or why not?

JF: This conviction is likely to end 67-year old Anwar Ibrahim’s direct political role. It will now mean five years jail (40 months with remission for good behaviour), then five years after his release before he can contest political office.

But he will still be able to influence developments from prison, as he did during his previous six-year incarceration. He will also be a potent political symbol of government oppression.

Of course if the opposition were to win the next election – due by 2018, but can be called earlier – there may be ways to facilitate an earlier political return. Continue reading “Life after Anwar”

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Malaysia’s political backslide

Editorial Board
Washington Post
February 11, 2015

SEVERAL YEARS ago it appeared that Malaysia, which has been ruled by the same party since it achieved independence in 1957, might be on the verge of a soft transition to democracy. Prime Minister Najib Razak promised to dismantle preferences favoring ethnic Malays, reduce police powers, repeal a repressive anti-sedition law and promote free and fair elections. He mostly stayed on course until 2013, when opposition leader Anwar Ibrahim led a multiethnic coalition to a popular-vote victory in national elections. The ruling United Malays National Organization clung to power only because of the gerrymandering of parliamentary seats.

Mr. Najib has since launched a campaign aimed at crippling the opposition — a crackdown that reached its peak Tuesday with the sentencing of Mr. Anwar to five years in prison. It was a major regression for a country that values its strategic partnership with the United States, and it was the continuation of a bad trend in Southeast Asia, following the military coup that toppled Thailand’s democratic government last year. Continue reading “Malaysia’s political backslide”

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The Economist: Umno will backslide with Anwar out of the way

The Malay Mail Online
February 13, 2015

KUALA LUMPUR, Feb 13 ― Datuk Seri Anwar Ibrahim’s incarceration is detrimental to Malaysia as a weakened opposition reduces Umno’s motivation to reform, The Economist wrote today.

Calling it a “setback for the whole country”, the London-based business magazine pointed out that the opposition leader’s absence bolster’s the ruling coalition that is already “becoming a mere shell for an Umno ever more beholden to Malay-nationalist forces”.

In Election 2013, Umno reinforced its dominance over Barisan Nasional by winning more seats owing to rural Malay voters even as its partners suffered from reduced support from other ethnic communities.

“Mr Anwar, a political chameleon whose real beliefs are sometimes hard to pin down, has many critics, but he could at least credibly lead a coalition that bridges Malaysia’s ethnic divides.

“That is why his incarceration is a dark day not just for Malaysia’s opposition, but for Mr Najib and the country itself,” it wrote. Continue reading “The Economist: Umno will backslide with Anwar out of the way”

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Mahathir seemed to have crossed the Rubicon and is going for the kill in his campaign to topple Najib as Prime Minister

Former Prime Minister and UMNO’s eminence grise, Tun Dr. Mahathir Mohamad seemed to have crossed the Rubicon and is going for the kill in his campaign to topple Datuk Seri Najib Razak as Prime Minister and add another item in his collection of the scalps of Prime Ministers and Deputy Prime Ministers in Malaysia.

Najib and his advisers might have thought that Mahathir would have been appeased at least temporarily with the Federal Court’s unconvincing dismissal of Datuk Seri Anwar Ibrahim’s appeal and sending the 67-year-old one-time nemesis of Mahathir back to prison for the third time to serve a five-year jail sentence, but it is clear that such calculations were completely misplaced.

On the very evening of the Federal Court’s two-hour decision, which was forever tarnished by the outrageous three-paragraph statement of the Prime Minister’s Office raising the strongest doubts about the full restoration of a truly independent judiciary and a just rule of law in Malaysia, Mahathir wrote the infamous blog “Something Rotten”, quoting Marcellus in Shakespeare’s Hamlet in the immortal remark that “something is rotten in the state of Denmark”.
Continue reading “Mahathir seemed to have crossed the Rubicon and is going for the kill in his campaign to topple Najib as Prime Minister”

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Outpouring of sorrow, condolence messages on social media for Nik Aziz

by Looi Sue-Chern
The Malaysian Insider
12 February 2015

Minutes after news of his passing tonight, social media users, including national leaders and politicians, tweeted their condolences to the well-respected PAS spiritual leader Datuk Nik Abdul Aziz Nik Mat.

Prime Minister Datuk Seri Najib Razak expressed his sadness that Nik Aziz has passed on.

“Innalillahiwainnailaihirajiun. Saya sedih mendengar Tok Guru Datuk Nik Aziz Nik Mat telah pulang ke rahmatullah. Al-Fatihah.”

(I am sad to hear that Tok Guru Datuk Nik Aziz Nik Mat has returned to be with God. Al-fatihah.)

DAP parliamentary leader Lim Kit Siang tweeted that Nik Aziz’s passing was a great loss.

“Tuan Guru Nik Aziz Nik Mat’s passing a great loss to nation. Deepest condolence to bereaved family. RIP. Al-FATIHAH,” he tweeted at 10.27pm.

DAP secretary-general Lim Guan Eng also tweeted: “Takziah kpd keluarga bekas MB K’tan Tok Guru Nik Aziz dan PAS serta ahli dan penyokong.”

(Condolences to the family of ex-Kelantan menteri besar Tok Guru Nik Aziz and PAS, as well as its members and supporters.) Continue reading “Outpouring of sorrow, condolence messages on social media for Nik Aziz”

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Nik Aziz, an obituary

The Malaysian Insider
12 February 2015

Datuk Nik Abdul Aziz Nik Mat’s death marks the loss of one of PAS’s most iconic and influential leaders – he was a cleric who has helped shape the course of the Islamist party for over three decades, and was a politician so unlike any other politician the country has seen.

Throughout his lifetime, Nik Aziz always struck a humble figure. Despite having the most powerful position in a party that boasted about one million members, and retaining the Kelantan menteri besar post for over two decades, the religious teacher was content staying in his old kampong house and driving around in his own car.

His gentle, subdued manner belied his fiery, bordering on zealous, determination to turn Kelantan into the first state in Malaysia to implement the controversial Shariah criminal law, as well as his instrumental role in overthrowing a former PAS president and turning the party around.

Even as his health deteriorated during his last months, the PAS spiritual adviser did not neglect his party during the recent Pengkalan Kubor by-election in Kelantan, and turned up at a PAS ceramah to deliver a brief but rousing speech. Continue reading “Nik Aziz, an obituary”

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Umno will regret its Anwar ‘vendetta’ in GE14, says WSJ

The Malay Mail Online
FEBRUARY 12, 2015

KUALA LUMPUR, Feb 12 — In an opinion piece today, financial daily Wall Street Journal (WSJ) criticised the Federal Court’s decision to convict Opposition Leader Datuk Seri Anwar Ibrahim for sodomy, calling it a “Pyrrhic victory” for ruling party Umno.

In its bid to stop Anwar from becoming a prime minister, WSJ said Umno had damaged Malaysia’s reputation and the fabric of society, both of which will return to haunt the ruling party in the next general election.

“Umno’s decades-long vendetta against Mr Anwar has brought discredit on Malaysia’s government and political culture,” said the article titled “Malaysia’s Anwar Shame”.

“It is likely to accelerate the ruling party’s loss of support from a maturing population repulsed by such dirty tricks. Prime Minister Datuk Seri Najib Razak’s failure to call an end to this farce is a stain on his legacy.”

According to WSJ, Umno had resorted to a trumped-up charge against Anwar recycled from the playbook of former prime minister Tun Dr Mahathir Mohamad, rather than fight Anwar “fairly”. Continue reading “Umno will regret its Anwar ‘vendetta’ in GE14, says WSJ”

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PMO has no business declaring judiciary as independent, say lawyers

by V. Anbalagan
The Malaysian Insider
12 February 2015

No amount of affirmation by Putrajaya will boost the judiciary’s image as an independent body, lawyers said, pointing out that such confidence in the institution of justice must come from the public and litigants.

The lawyers, who were commenting on the Prime Minister’s Office (PMO) swift statement in response to opposition leader Datuk Seri Anwar Ibrahim’s guilty verdict on Tuesday, said it was unusual and unnecessary.

More so when the statement tried to defend the judiciary by saying that it is independent and that the judges “had reached their verdict only after considering the evidence in a balanced and objective manner.”

Lawyer Amer Hamzah Arshad said there was no necessity for the PMO to do so although Anwar’s appeal is considered a high profile case that had attracted international attention. Continue reading “PMO has no business declaring judiciary as independent, say lawyers”

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Call for an eight-year commitment by three PR component parties to maintain the two principles which had been the recipe for PR success in its first six years – PR common policy framework and the operational principle of consensus

In the past two days, the predominant feeling of ordinary Malaysians of reason, common sense and good will is one of pain and shame at the injustice and outrage of the spectacle of a nationalist and patriot like Datuk Seri Anwar Ibrahim, who had devoted 47 years of his life to the struggle for freedom, justice, human dignity and national unity, should be sentenced to a five-year jail term, returning to prison for a third incarceration in his life.

Ask Malaysians who are the top political leaders, past and present, they think should be languishing in jail for five years, many different names would be mentioned, but Anwar’s name will not be among them.

Anwar is now 67 years old. After the five-year jail sentence, he will be disqualified from standing for any elective office for another five years, knocking him out of the electoral arena till he is 77 years old.

This is cruel, heartless, repressive and oppressive, and only People’s Power can cut short Anwar’s present travail if the UMNO/BN federal government can be toppled in the 14th General Elections in three years’ time.

Malaysians nationwide should transform their pain and sorrow into strength and energy to knock out the Umno/BN Federal Government in the 14th General Elections, as this seems to be the only way to save Anwar from the decade of darkness of his third incarceration and disenfranchisement of his civil rights to vote and to stand for elections. Continue reading “Call for an eight-year commitment by three PR component parties to maintain the two principles which had been the recipe for PR success in its first six years – PR common policy framework and the operational principle of consensus”

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Dr. M – you started all the rot in Hamlet in your 22 years as Prime Minister

Former Prime Minister Tun Dr. Mahathir Mohamad has declared that I am not a communist but he called me an “authoritarian”.

I do not know whether I should thank Mahathir for clearing me of the “communist” charge which is still hurled against me by UMNO cybertroopers together with other lies and falsehoods like being the cause of May 13 race riots in 1969.

Mahathir wants probably to clear his name for he would look extremely foolish to have allowed a “communist” to operate freely in Parliament, having been Prime Minister for 22 years and Home Minister for nearly 15 years.

If I had been a “communist”, then Mahathir would be a failure as a Prime Minister and Home Minister not to know it.

I am intrigued by his accusation that I am an “authoritarian” and wants my son, Guan Eng, to replace me.

I would not accuse Mahathir of senility although he is capable of pretending to be senile and even pretend to suffer from amnesia, which was quite a show that he staged during his appearance at the Royal Commission of Inquiry into the Lingam Videotapes, when he suffered from so many lapses of amnesia which had not been repeated.
Continue reading “Dr. M – you started all the rot in Hamlet in your 22 years as Prime Minister”

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Thirteen Questions for Najib to answer to salvage the credibility, independence and professionalism of Malaysian judiciary

The credibility, independence and professionalism of the Malaysian judiciary was gravely sullied by the extraordinary Prime Minister’s Office (PMO) statement on Feb. 10 defending the Federal Court decision on the Anwar Ibrahim case even before the completion of the Federal Court judicial process.

Yesterday, the government came out in defence of the PMO’s lightning quick response to the Anwar Ibrahim judgment by the Federal Court, saying it is normal procedure to prepare statements in advance.

A government spokesperson, in an email communique, to Malaysiakini said:

“It’s clear that the politicians, lawyers, communications teams and journalists involved with this case prepared text for guilty and not guilty verdicts.

“Similarly, the government prepared a statement in advance for either outcome. This is entirely standard professional practice, especially in a case that involves public interest.

“To suggest otherwise is intentionally misleading.”

Who is the Najib government bluffing?

Here are 13 Questions for Najib to answer to salvage the credibility, independence and professionalism of Malaysian judiciary which had been gravely sullied by the extraordinary PMO statement on Feb 10 defending the Federal Court decision on Anwar case even before the completion of the judicial process. Continue reading “Thirteen Questions for Najib to answer to salvage the credibility, independence and professionalism of Malaysian judiciary”

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An open letter to Ismail Sabri

By Syerleena Abdul Rashid
Malaysiakini
Feb 10, 2015

With all due respect, I am not here to tell you how to do your job nor am I here to criticise you – I am a firm believer that everyone is entitled to their own opinions but one must be made aware of the consequences it may bring. There is an old Arab proverb which states “Arrogance diminishes wisdom”, and as a leader much like yourself, you must be made fully accountable for the things you said and the people whom you may hurt in the process.

But politics aside, I write this not as a political opponent – not today, but only as a mere Malaysian who has seen how demoralised and worn out most Malaysians have become because of the hatred, fear and lies that seem to perpetuate our country.

It fills me with great sadness that our beloved country is slowly but surely heading down a path our founding fathers fought hard against. When they created the federation, they had a vision where Malaysians could live together in harmony and prosper together.

And here we are in 2015, just five years shy from Wawasan 2020. Can we safely say that we can truly become a developed nation by then? Are we comfortable with stripping away our ethnicity in order to achieve the glorious concept of a Bangsa Malaysia? Are we at ease with each other’s religious differences and are we able to prevent any inkling of religious supremacy? Continue reading “An open letter to Ismail Sabri”

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QC’s verdict: Apex court erred in jailing Anwar

By Hafiz Yatim
Malaysiakini
Feb 11, 2015

With controversy still simmering over yesterday’s Federal Court verdict throwing Anwar Ibrahim into jail, an independent observer has described the judgement as ‘superficial, failing to adequately deal with key issues brought up by the defence team’.

Inter-Parliamentary Union observer and Queen’s Counsel Mark Trowell pointed out that Chief Justice Arifin Zakaria’s findings on the DNA material effectively ignored the testimony of Professor Dr David Wells and Dr Brian McDonald both who raised serious doubts as to the integrity of victim Mohd Saiful Bukhari Azlan’s DNA samples.

“It was not sufficient to brush their opinions aside by saying neither (Wells or McDonald) had recently carried out DNA extraction. That is a job to be performed by a laboratory technician. They are both senior scientists sufficiently skilled and experienced in giving an opinion about the DNA extraction process performed by the government chemists and the adequacy of their testing.

“They weren’t disadvantaged by not actually performing the extraction themselves (which is a criticism made by the CJ) because they heard the testimony of the government chemists and were able to give their free expert opinion on it. That is what experts do,” he said.

Trowell – who is also an observer for Lawasia and the Australian Law Council – said federal court’s finding that the chain of custody for the samples was not broken by the conduct of the investigation officer DSP Jude Blacious Pereira was inconsistent with the facts and the law. Continue reading “QC’s verdict: Apex court erred in jailing Anwar”

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Pakatan on knife-edge now Anwar in jail

The Malaysian Insider
11 February 2015

The jailing of Datuk Seri Anwar Ibrahim dashes the dreams of millions of Malaysians yearning to oust the country’s authoritarian regime, unless his shell-shocked opposition movement can bridge deep differences without his unifying presence, analysts said.

The opposition, now without a leader, must continue its fight against a government that, despite a worsening reputation at home and abroad, is digging in its heels and looks unlikely to face any serious international repercussions for throwing the opposition leader behind bars.

Since it was formed seven years ago, the Pakatan Rakyat (PR) alliance has had little in common other than a desire to defeat Umno, which has ruled with a tight grip since independence in 1957.

PR’s ability to seize unprecedented swathes of parliament in recent elections allowed it to push aside questions over its cohesiveness, but no longer, said Ibrahim Suffian, Malaysia’s leading political pollster.

“Anwar’s jailing forces them to deal with those problems now. The question is whether they can,” he said. Continue reading “Pakatan on knife-edge now Anwar in jail”

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Malaysia again in the international doghouse over the rule of law, democracy and human rights – no more terrible start for Malaysia this year as member of UNSC and Chairman of ASEAN

The 5-0 unanimous decision of the Federal Court yesterday rejecting Datuk Seri Anwar Ibrahim’s appeal was not only a dishonour to Anwar’s 47-year patriotic service in furtherance of justice, freedom, human dignity and Malaysian nation-building, it was also a disservice to Malaysia’s international reputation as well as Vision 2020 for Malaysia to join the ranks of developed nations in five years’ time.

Thanks to the Federal Court on Anwar’s appeal yesterday, Malaysia is again in the international doghouse over the rule of law, democracy and human rights –no more terrible start this year for Malaysia with the double responsibility as member of the United Nations Security Council and Chairman of ASEAN.

The United States, United Kingdom, Canadian and Australian governments, the European Union (EU) as well as international press and human right bodies have all raised the red flag about Malaysia’s descent to a “rogue” state.

The White House national security council spokesperson Bernadette Meehan said the United States was “deeply concerned” with Anwar’s conviction and is concerned about the rule of law in Malaysia.

The United Kingdom’s foreign and commonwealth office said that apart from the integrity of the rule of law, Malaysia must embrace moderation and tolerance to succeed.

The High Commission of Canada in Kuala Lumpur notes that Anwar’s conviction has come at a time when “Canada and other countries have conveyed concerns regarding selective prosecutions, including the Sedition Act 1948”.

Even the Singapore Business Times editorialised that “public confidence in the judiciary has slipped to the point that few were shocked with yesterday’s outcome”. Continue reading “Malaysia again in the international doghouse over the rule of law, democracy and human rights – no more terrible start for Malaysia this year as member of UNSC and Chairman of ASEAN”