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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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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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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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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”

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Where is Malaysia heading after the Anwar verdict?

by Sheridan Mahavera
The Malaysian Insider
11 February 2015

As Datuk Seri Anwar Ibrahim begins his second jail term, Malaysians need to take a hard look at where the nation is heading, say analysts, as his controversial trial challenges the integrity of its political and justice systems.

The verdict would also tarnish Malaysia’s image abroad, said political scientist Professor James Chin of the University of Tasmania, especially since the nation is trying to convince the world that it is a respectable member of the influential United Nations Security Council and as chair of the Asean community.

But the most vital repercussions of the verdict are at home, among the public who are already deeply polarised and irreconcilable after the 13th general election. Continue reading “Where is Malaysia heading after the Anwar verdict?”

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After Anwar convicted, Bar Council chief says Malaysians live in ‘strange world’

The Malay Mail Online
February 11, 2015

KUALA LUMPUR, Feb 11 — “Glaring anomalies” in the conviction of Datuk Seri Anwar Ibrahim for sodomy is feeding suspicions that his case was one of political persecution rather than criminal prosecution, Malaysian Bar president Christopher Leong said today.

Although acknowledging it was too early to comment on the Federal Court’s decision to jail Anwar for five years on a charge of sodomy yesterday, Leong pointed out that Anwar’s accuser, Mohd Saiful Bukhari Azlan, was not prosecuted despite the decision to prosecute the opposition leader for consensual anal sex.

“It is notable that Datuk Seri Anwar Ibrahim was not charged under Section 377C of the Penal Code for forced sodomy or sodomy rape, although there may appear to have been some allegation of coercion made in the proceedings.

“This has also given rise to questions or concerns as to why the complainant, Mohd Saiful Bukhari Azlan, who was alleged to have been a participant in the act of sodomy, was not charged for abetment under Sections 377A and 377B, read together with Section 109, of the Penal Code,” Leong said in a statement today. Continue reading “After Anwar convicted, Bar Council chief says Malaysians live in ‘strange world’”

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Second pre-Cabinet Open Letter – prove Cabinet is not “half-past six” with “deadwood” Ministers by ensuring that Ismail Sabri retract and apologise for his racist call to Malay consumers to boycott Chinese businesses or cease to be a member of the Cabinet

To the Prime Minister and the Cabinet,
11th February 2015

This is my second pre-Cabinet Open Letter in my 49 years in politics for Malaysia is in critical times and the Cabinet must show leadership and example, which it had failed to provide.

Last week, I had listed several major failures of the Cabinet in the first month of the new year 2015, viz:

• Failure to conduct major and proper public inquiry such as a Royal Commission of Inquiry into the very botched-up disaster management, whether response, relief or reconstruction of the 2014 Floods, the worst floods catastrophe in living memory in Malaysia, resulting in 25 dead, a million flood victims, quarter of a million evacuees in flood relief centres and billions of ringgit of losses.

• Moral and Political Cowardice in failing to address the scandal of the Home Minister Datuk Seri Zahid Hamidi’s gross breach of Ministerial propriety, code of conduct and even violation of Official Secrets Act when he wrote the infamous letter to the Federal Bureau of Investigations (FBI) vouching for the character and integrity of an alleged gambling kingpin Paul Phua standing trial in Las Vegas, Nevada for illegal gambling, contradicting the earlier Malaysian police account to FBI – without the consent or knowledge of the Inspector-General of Police, the Foreign Ministry, the Cabinet and the Prime Minister. Continue reading “Second pre-Cabinet Open Letter – prove Cabinet is not “half-past six” with “deadwood” Ministers by ensuring that Ismail Sabri retract and apologise for his racist call to Malay consumers to boycott Chinese businesses or cease to be a member of the Cabinet”

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LIVE: Anwar’s 5-year jail sentence upheld

BY THE MALAYSIAN INSIDER
10 February 2015

Datuk Seri Anwar Ibrahim’s sentence of five years’ jail was upheld by the Federal Court today, ending his public office as oppositon leader and Permatang Pauh MP.

The Federal Court dismissed applications by the defence to lessen the five-year jail sentence imposed by the Court of Appeal and also rejected prosecution’s appeal to enhance the prison term.

Earlier, before sentence was passed, Anwar attacked the five-man bench which convicted him today accusing them of “bowing to their political masters and becoming partners in crime in the murder of the judiciary”.

Anwar told the bench led by Chief Justice Tun Arifin Zakaria that a full statement was issued by the Prime Minister’s Office barely minutes after the judgment was delivered.

“In bowing to political masters they have disgraced themselves and have become partners in crime in the murder of the judiciary,” Anwar said, before Arifin asked lead defence counsel Datuk Seri Gopal Sri Ram to tell Anwar to stop.

But Sri Ram told Arifin that his client had the right to address the court, to which Arifin retorted, “yes, on the appeal but not to condemn the court”.

But the opposition leader continued attacking the judiciary, adding “you had the opportunity to right the wrong but you chose to remain on the dark side”.

At this juncture, Arifin and the rest of the bench walked out. Continue reading “LIVE: Anwar’s 5-year jail sentence upheld”

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Facing possible jail time, Anwar concedes Pakatan’s future with younger leaders

By Zurairi AR
Malay Mail Online
February 10, 2015

PETALING JAYA, Feb 10 — Opposition Leader Datuk Seri Anwar Ibrahim conceded last night that the future of Pakatan Rakyat (PR) lies with its young leaders, hours before the Federal Court delivers a decision that might spell the end of his political career.

Speaking to over 1,000 supporters on the grand finale of the “Rakyat Hakim Negara” tour to drum up support for him, Anwar admitted that the recent friction among PR leaders was caused by old wounds that have festered over time.

“Sometimes, the older leadership is dragged by issues that are old and outdated … It is important that we give way to the young leadership in PR, because they are more forward-looking,” Anwar said from a stage erected on Dataran Petaling Jaya here.

“We should ensure that this new and young group can see the future of Malaysia with confidence, and not with outdated mindset that can pit one with each other.” Continue reading “Facing possible jail time, Anwar concedes Pakatan’s future with younger leaders”

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On eve of verdict, Anwar vows to fight on even in prison

by Anisah Shukry
The Malaysian Insider
10 February 2015

Hours before the Federal Court delivers its verdict on his sodomy appeal, Datuk Seri Anwar Ibrahim vowed that the fight for a better Malaysia would continue even if he was behind bars.

The opposition leader told a crowd of about 2,000 who gathered at Padang Timur, Petaling Jaya last night that he was prepared for such an outcome and would accept the prison sentence as a sacrifice that he must pay to save Malaysia.

“The moment we say we surrender or accept defeat, that is the end of the struggle. But we will continue to fight.

“God willing, I will be acquitted. But if I am imprisoned, we will still fight. We will never surrender,” he told the final leg of the “Rakyat Hakim Negara” (The people are the judge) tour series last night.

Anwar said he had refused numerous offers to seek asylum in other countries and chose to face the Federal Court to set an example to the people to stand up to cruelty and oppression.

“If the struggle for change requires a little sacrifice, then I must come forward. If I want the youth to come forward, then I, Anwar, no matter how bitter it is, 67 years old, must be willing to face the country’s leaders and say, ‘yes, I am prepared’.

“No amount of project or money will alter my position because I am committed to save, together with Malaysians, to save this great country Malaysia that we love.” Continue reading “On eve of verdict, Anwar vows to fight on even in prison”

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Merit in suggestion that younger post-Merdeka generation of leaders should begin to take over leadership positions in DAP, PKR and PAS

In another 12 hours, we will witness another crucial milestone in a 17-year conspiracy to crush and destroy a Malaysian patriot and nationalist who have dedicated his entire life to the betterment of our country in furtherance of freedom, justice and human dignity.

If the 17 years of energy, effort, time and resources mobilized single-mindedly by the authorities for the destruction of one man had been devoted towards answering his challenge in the realm of ideas and public policies with regard to justice, freedom, development and human dignity, Malaysia would have been a much better and successful nation today!

Tomorrow, Anwar Ibrahim may leave the Palace of Justice in Putrajaya a free man or he may begin his third spell of incarceration.

Whatever the outcome, we want to assure Anwar that the battle for justice, freedom, human dignity and particularly in Malaysia, unity, harmony and peace of our multi-racial, multi-religious, multi-lingual and multi-cultural population will press on until victory is achieved.
Continue reading “Merit in suggestion that younger post-Merdeka generation of leaders should begin to take over leadership positions in DAP, PKR and PAS”

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Will Najib be Mahathir’s sixth scalp or is Malaysia hauling the first “tiger” or “crocodile” to court and prison in the country’s anti-corruption campaign?

The country’s politics is abuzz with extraordinary news recently, raising the question whether the sixth Prime Minister of Malaysia will be the sixth scalp of the fourth Prime Minister of Malaysia or whether the country is hauling the first “tiger” or “crocodile” to court and prison in Malaysia’s anti-corruption campaign.

In the past 45 years, the fourth Prime Minister of Malaysia, Tun Dr. Mahathir Mohamad had collected five scalps of top political leaders in the country, starting with Bapa Malaysia and the first Prime Minister of Malaysia, Tunku Abdul Rahman, two Deputy Prime Ministers who might have gone on to become Prime Ministers, Tun Musa Hitam and Datuk Seri Anwar Ibrahim, the fifth Prime Minister, Tun Abdullah Ahmad Badawi, and the eternal Prime Minister-aspirant Tengku Razaleigh Hamzah.

The question now is whether Mahathir will add the sixth Prime Minister of Malaysia, Datuk Seri Najib Razak, to his collection of six top political scalps in Malaysia. Continue reading “Will Najib be Mahathir’s sixth scalp or is Malaysia hauling the first “tiger” or “crocodile” to court and prison in the country’s anti-corruption campaign?”