Category: Court

By Farish A. Noor | January 09, 2012
The Malaysian Insider

JAN 9 — It has been a rather long time since I have had any reason to be thankful or optimistic about where Malaysia is heading, but today I allowed myself a small helping of optimism (and I hasten to add it was a small helping) as a result of the judgement that was passed (or rather not passed) on Anwar Ibrahim.

Others have already sagely noted that it is too early to jump the gun and proclaim that Malaysia is on the path of genuine institutional reform, though I was pleased to see that the charges against Anwar were thrown out for the best of reasons, namely that there was little that could be used against the man.

Decades from now a movie might be made about the life of Anwar Ibrahim, and though he — and Malaysia — cannot be said to be an individual or country that merits such global attention it has to be conceded that very few individuals have had to go through what he has been through, along with his long-suffering family.
Continue reading “Reform or inertia? It’s gone past that by now”

By JAMES HOOKWAY | JANUARY 10, 2012
WSJ

KUALA LUMPUR—His unexpected acquittal on sodomy charges Monday frees Malaysian opposition leader Anwar Ibrahim finally to look past his trial and on toward the country’s coming national election.

The verdict by Judge Zabidin Diah at the High Court could also warm this key Muslim nation’s relations with the U.S. as the Obama administration tries to build stronger ties across Asia. Malaysia’s government described the verdict as proof it doesn’t try to sway court decisions, a frequent accusation of Mr. Anwar and other opposition activists. Mr. Anwar himself, speaking to a swarm of television crews outside the packed courtroom, described it as a surprise and a vindication.

Now the 64-year-old opposition leader is shifting focus to the election, which must be called by March of next year. Analysts predict it will be a closely contested battle between him and Prime Minister Najib Razak for the center ground of a country that has shown a growing desire for political and economic change over the past few months.
Continue reading “After Acquittal, Malaysian Political Icon Looks to Poll”

By Dr Ooi Kee Beng | 9 January 2012
Institute of Southeast Asian Studies, Singapore
BBC News

To the great surprise of many of his followers, Malaysian opposition leader Anwar Ibrahim was found not guilty of the sodomy charge brought against him by a former aide.

High Court judge Zabidin Mohamad Diah declared him innocent early on Monday morning, while huge crowds gathered outside the building in support of the former deputy prime minister. The DNA samples presented by the prosecution to prove Mr Anwar’s guilt, he decided, were compromised.

The unexpected verdict may not prove that the judiciary is free of the executive, but it does show that the executive is not all-powerful.

This is also the second time Mr Anwar has been acquitted on such a charge. After being sacked as the country’s second most powerful person by Prime Minister Mahathir Mohamed back in September 1998, he was jailed for misuse of power for six years. Just when a consecutive nine-year jail sentence for sodomy was to be served, the Federal Court overturned the decision in 2004.
Continue reading “Anwar acquittal boosts Malaysia’s opposition”

By Kee Thuan Chye | Jan 9, 2012
Malaysiakini

Anwar Ibrahim is free! Many people did not expect he would be acquitted by the High Court judge presiding over his Sodomy II trial.

In fact, the situation looked dire for Anwar when the judge ruled in May that Anwar’s alleged victim, Mohd Saiful Bukhari Azlan, was a truthful and credible witness.

But now the judge feels that Saiful’s testimony is not enough to convict Anwar (left) because it is uncorroborated. More important to the judge is his uncertainty about the integrity of the DNA samples, and that is his main reason for acquitting Anwar.

Does this mean that the episode is over? No. The government can still appeal. And who knows what the outcome of the appeal might be?

I would say, however, that the government should not appeal. This would drag the case on and on again, and it’s already drained such a lot of resources – the rakyat’s money, the rakyat’s emotions – and tarnished the country’s image.
Continue reading “Anwar’s acquittal and the 901 rally”

By John Berthelsen | 9 JANUARY 2012
asiasentinel

Now what?

As thousands of supporters cheered outside the court, Malaysian opposition leader Anwar Ibrahim was found not guilty of sodomy charges by High Court Judge Mohamad Zabidin Diah, who said “the court cannot be 100 percent certain that DNA was not contaminated.”

Under Malaysia’s system of justice, the prosecution is allowed to appeal a not-guilty verdict. Prior to the ruling, some observers in Kuala Lumpur suggested the government would do just that, which would keep Anwar tied up in legal matters for as long as another year through an expected election. Under a scenario described to Asia Sentinel several weeks ago, the government, knowing a guilty verdict would make Anwar a martyr, would opt to have the judge rule him not guilty and appeal.

“The prosecution has a month to decide whether to appeal,” said a Kuala Lumpur-based lawyer. “They have to examine the decision and attempt to discover if they have grounds for an appeal. But this is Malaysian politics. You have to look at the scenario. From a legal and jurisprudential point of view, there were too many inconsistencies to warrant a conviction. But from a political point of view, anything can happen.”
Continue reading “Anwar Ibrahim Acquitted of Sodomy Charges”

— The Malaysian Insider
Jan 09, 2012

JAN 9 — This was a verdict out of the left field. There was jubilation in the ranks of the opposition and the recrimination has already started in Umno and Perkasa.

In this politically polarised nation, The Malaysian Insider polls who can walk away from this case considered a winner and who will slink away as a loser.

Winners:

1) Anwar Ibrahim

The whole machinery of the government and ruling coalition was trained on this one man for three years. He and his family were vilified daily.

A less of a fighter would have crumbled in the face of these ferocious and nasty attacks (remember the snide comments by Messrs Najib and others at the Umno assembly) but Anwar fought back, giving as good as he received.

Today, he is still standing and possibly re-energised by this ordeal.

2) Karpal Singh and the team of defence lawyers

The veteran DAP lawyer is sometimes more bombast than anything else but he expertly navigated through the second sodomy trial, in the process shredding Saiful’s testimony, casting serious doubts on evidence and on the manner the case was handled and on the competency of the government’s Chemistry Department. Continue reading “Winners and losers”