Isnin, 9 Januari 2012

Anwar Ibrahim

Anwar Ibrahim

Anwar Ibrahim Acquitted of Sodomy In Malaysia

Posted: 09 Jan 2012 04:32 PM PST

From BBC News

Malaysian opposition leader Anwar Ibrahim has been acquitted of sodomy after a two-year trial.

Judge Zabidin Mohamad Diah said DNA evidence submitted by the prosecution was unreliable and discharged the case.

Mr Anwar, 64, has consistently denied the charges and called them a government bid to cripple his political ambitions and influence.

The government said the verdict showed Malaysia’s judiciary was free from government influence.

Sodomy is illegal in Muslim-majority Malaysia but, says the BBC’s Jennifer Pak in Kuala Lumpur, very few people are ever prosecuted.

‘Justice has prevailed’
Mr Anwar had been accused of having sex with a former male aide. He had faced up to 20 years in prison if found guilty.

The acquittal caught Malaysians by surprise but not because they thought Anwar Ibrahim was guilty. The trial, dubbed by the local media “Sodomy 2.0″, was seen as an extension of his earlier conviction. Many Malaysians expected more of the same.

Mr Anwar’s struggle against sodomy charges has been front and centre in Malaysian politics for nearly 14 years. But his resolve to become prime minister, first within the governing coalition and now as the opposition leader, has never been stronger.

Now a free man, analysts say the charismatic leader cannot paint himself as a martyr. Without that helping to tip the scales, some young people hope that the next election will be more issue-based rather than focused on personalities.

But the judge said that there were questions over whether DNA evidence had been contaminated.

“The court is always reluctant to convict on sexual offences without corroborative evidence. Therefore, the accused is acquitted and discharged,” the judge said.

The verdict was greeted with cheers from Mr Anwar’s supporters, wife and daughters, our correspondent says.

Mr Anwar told journalists outside the courtroom: “Thank God justice has prevailed I have been vindicated.

“To be honest, I am a little surprised.”

Information Minister Rais Yatim said that the verdict showed that judges were free to rule as they saw fit.

“Malaysia has an independent judiciary,” he said. “The current wave of bold democratic reforms introduced by Prime Minister Najib Razak will help extend this transparency to all areas of Malaysian life.”

Police said two people were injured in two small blasts caused by explosive devices in a car park outside the court as the verdict was delivered. They did not say whether it was linked to the case.

‘Toppled’

The allegations against Mr Anwar surfaced just months after elections in 2008, in which he led the opposition to unprecedented gains at the expense of the ruling party.

1993 to 1998 – Deputy Prime Minister, under Prime Minister Mahathir bin Mohamad
1999 – Jailed for abuse of power, sparking huge street protests
2000 – Found guilty of sodomy with his wife’s driver
2004 – Supreme Court overturns the sodomy conviction, freeing him from jail. He quickly emerges as the de facto opposition leader
March 2008 – ruling coalition narrowly wins general election, but with its worst results in 50 years. The opposition makes unprecedented gains
Aug 2008 – Anwar charged with sodomy for a second time, but despite this is soon voted in as an MP
Feb 2009 – Second trial for sodomy starts
Jan 2012 – Acquitted of sodomy by High Court

This verdict comes ahead of elections due in 2013 but widely expected to be called later this year.

Hundreds of police and security personnel were on the streets of Kuala Lumpur ahead of the verdict, and thousands of Mr Anwar’s supporters waited outside the court.

Mr Anwar was once Malaysia’s deputy prime minister and an ally of former leader Mahathir Mohammad.

But he fell out with Dr Mahathir and was later jailed for corruption and sodomy. The sodomy conviction was later overturned and he was freed in 2004 after spending six years in prison.

He is now seen as the key figure in Malaysia’s opposition coalition, which currently controls about a third of the seats in parliament.

The governing party has been in power for over 50 years and, says our correspondent, Mr Anwar is seen as the only person capable of challenging their dominance.

In a tweet from his account minutes after the verdict, the opposition leader looked ahead to the polls.

“In the coming election, voice of the people will be heard and this corrupt government will be toppled from its pedestals of power,” the message read.

Anwar Ibrahim Slams Australian Asylum-Seeker Plan To Malaysia

Posted: 09 Jan 2012 04:27 PM PST

From The Australian.com

Mr Anwar was speaking ahead of his acquittal today on sodomy charges.

Asked about Canberra’s proposed people-swap deal with Malaysia, Mr Anwar said the opposition could not support a program shrouded in secrecy.

“How do you expect us to support a program knowing the notorious record that we have treating foreign labour, treating illegal immigrants in this country?” he told ABC Radio.

“Have you forgotten and thrown the whole principle of the rule of law (and) constitutional rights to the sea?

“This may not be to the liking of the Australian government but I don’t think they should expect us to support a program that runs contrary to these principles.”

The Gillard government wants to send 800 people who arrive in Australia by boat to Malaysia for processing in exchange for accepting 4000 genuine refugees.

Labor has offered to reopen the Howard government-era detention centre on Nauru in exchange for coalition support for its controversial plan but the talks have so far proven fruitless.

Australian Opposition Leader Tony Abbott last week made it clear he is in no mood for compromise over the “dud” Malaysian deal.

Malaysian opposition leader Anwar Ibrahim said that ”justice had been served” with his acquittal in a contentious sodomy trial and pledged to topple the government in the next elections.

”Thank God, justice has been served,” Anwar told reporters after a Malaysian judge pronounced him not guilty after a nearly two-year trial that he has denounced as a government attempt to cripple his strengthening opposition.

After the verdict, three small explosions were heard outside the court, with police blaming firecrackers.

The small but loud blasts occurred within minutes of each other after Anwar left the courthouse.

Witnesses said two people were taken away in an ambulance with minor injuries but AFP could not immediately confirm this.

Police said the blasts were due to firecrackers but would not confirm whether anyone was hurt.

At least one of the explosions damaged a motorcycle and shattered the window of a van, according to AFP journalists at the scene.

One of the blasts appeared to have exploded under a police cone.

Police cordoned off the affected areas and pushed back reporters, declining further comment other than to say firecrackers had been set off and that they were investigating.

Crowds estimated by police to number at least 5000 had gathered outside the court from before dawn in a show of support for the 64-year-old Anwar.

The blasts occurred as his supporters were rallying in the streets to celebrate the verdict.

Mr Anwar, a former deputy prime minister, spent six years in jail on sodomy and corruption counts in a stunning fall from grace after he fell out with his then boss, former premier Mahathir Mohamad.

The sodomy conviction was eventually overturned and Mr Anwar was released in 2004 before facing fresh charges in 2008 of having sex with a male former aide.

TGNA Bersyukur Kepada Allah, DSAI Dibebaskan

Posted: 09 Jan 2012 04:16 PM PST

Anwar Ibrahim Sodomy Charge Dismissed by Malaysian Judge

Posted: 09 Jan 2012 07:04 AM PST

From The Guardian

A Malaysian court has acquitted the country’s opposition leader, Anwar Ibrahim, of sodomy charges in a shock ruling that could fast-forward the former deputy prime minister’s political comeback ahead of an expected election this year.

Anwar, 64, was charged in 2008 with having sex with a male former aide, and could have faced whipping and up to 20 years in jail if found guilty. Under Malaysian law sex between males is a punishable offence even if consensual.

The case rested primarily on testimony by Anwar’s 26-year-old accuser, Saiful Bukhari Azlan, as well as semen samples found on Saiful’s body that investigators said matched Anwar’s DNA. Defence lawyers contended that Saiful’s testimony about the alleged sodomy, at a Kuala Lumpur apartment in 2008, was riddled with inconsistencies and the DNA evidence mishandled by investigators.

In his ruling, judge Mohamad Zabidin Diah expressed concern that the submitted evidence was tainted and told a packed Kuala Lumpur courtroom: “The court at this stage could not with 100% certainty exclude the possibility that the [DNA] sample is not compromised. Therefore it is not safe to rely on the sample.

“There is no evidence to corroborate” the charge, he added.

As his family burst into tears at the verdict, a jubilant Anwar greeted reporters. “Thank God justice has prevailed,” Anwar said. “I have been vindicated. To be honest I am a little surprised.”

Some 5,000 opposition supporters had gathered outside the court chanting “reform” as a police helicopter flew overhead and riot police, backed by a truck mounted with a water cannon, watched the crowd.

Three explosions were reported outside the courthouse, with a preliminary investigation finding two explosive devices underneath police cones. Two people were injured and taken to hospital, but it is unclear who was responsible.

Monday’s judgment is seen as a positive step forward for Malaysia’s judicial system and could have a major impact on upcoming general elections, which the prime minister, Najib Razak, is widely expected to call this year.

Najib hopes to regain a strong mandate after suffering in recent popularity polls and has promised economic and civil liberty reforms.

Anwar and his supporters long contested the sodomy allegations as a government plot to weaken his three-party coalition. The charges emerged after the coalition made unprecedented gains in the 2008 general elections against the ruling National Front alliance, which has ruled Malaysia for more than 50 years.

The opposition controls more than one-third of parliament’s seats and analysts say that Anwar, who has pledged to scale back Malaysia’s most draconian laws and reunify the racially divided nation if elected, could potentially knock out the incumbent government entirely.

This trial was the second time in 14 years that Anwar has faced the courts. Anwar served as both deputy prime minister and finance minister in the incumbent Umno party before falling out with his then premier, Mahathir Mohamad, in 1998.

He was then jailed for six years on sodomy and corruption charges in what was widely seen as a politically motivated prosecution. The sodomy charged was overturned in 2004.

Anwar has since become the glue binding together the three very ideologically different parties in his opposition alliance, which includes Islamists and an ethnic Chinese party. But for a coalition that has long considered itself “martyred” by Malaysian politics, the true test will be its ability to create a viable alternative for the future, says Bridget Welsh, Malaysia specialist at Singapore Management University.

“Charges against opposition figures don’t really help Malaysia. This [verdict] gives Malaysia an opportunity to move out of dirty politics – for the [National Front] to get out of gutter politics, and for the opposition to … move on and change its tactic from being the ‘martyr’ and ‘target’ to one that promotes a positive alternative for voters,” she said.

In a statement released after the verdict, the government said Monday’s ruling proved that “Malaysia has an independent judiciary and this verdict proves that the government does not hold sway over judges’ decisions. The current wave of bold democratic reforms introduced by [Najib] will help extend this transparency to all areas of Malaysian life.”

Such reforms, coupled with Monday’s acquittal, could be seen by voters as positive steps and translate into votes for the National Front in the upcoming elections, said Malaysian political analyst Ong Kian Ming.

“Had [Anwar] been convicted, he could have garnered more public sympathy that now won’t be as strong. [PM] Najib can now try to capitalise on this by continuing on with his political reforms, saying that the judiciary system is free and fair, and … gaining some momentum by leading up to the next election.”

Anwar’s accuser Saiful, who did not attend the hearing, wrote on Twitter after the verdict that he would “remain calm, continue praying and be patient”.

The legal saga may very well continue, since chief prosecutor Yusof Zainal Abiden has not yet decided whether to appeal against the acquittal.

CNN: Anwar Ibrahim On Acquittal

Posted: 09 Jan 2012 06:57 AM PST

Acquittal on Charge of Consensual Sex Between Adults is in Accord With Evidence

Posted: 09 Jan 2012 06:56 AM PST

The Malaysian Bar welcomes the decision of the High Court in acquitting Dato' Seri Anwar Ibrahim.  The principles of natural justice call for nothing less, in light of the grave concerns over whether the accused's right to a fair trial was preserved.
Based on news reports of the trial, it is clear that the High Court decision is in accord with the evidence for, amongst others, the following reasons:
(1) The lack of full disclosure: Both prior to and during the trial itself, the legal team for the defence was denied access to certain documents and physical evidence in the possession of the prosecution, which disadvantaged the accused in the preparation of his defence;
(2) Unreliable DNA evidence: There were obvious concerns that the DNA sample submitted as evidence was unreliable or may have been compromised.
(3) Certain unusual findings during the trial proceedings:
(a) The trial judge made an unprecedented finding at the end of the prosecution's case that the complainant was a truthful and credible witness, without the benefit of having heard the defence.
(b) While the court allowed the Prime Minister and his wife to be interviewed by the defence legal team, the subpoena issued by the defence compelling the attendance of the Prime Minister and his wife was set aside by the High Court upon the application of the prosecution.  The absence of curiosity in this regard casts grave concerns on the credibility of the complaint in the first place.
(4) The unrefuted relationship between the complainant and a member of the prosecution team, which raised serious questions whether the complainant had access to investigation papers, which would have enabled him to tailor his evidence at trial.
The charge against Dato' Seri Anwar Ibrahim, which is based on an archaic provision of the Penal Code that criminalises consensual sexual relations between adults, should never have been brought.  The case has unnecessarily taken up judicial time and public funds.
The Malaysian Bar hopes that the Attorney General would not pursue any appeal, and will instead focus the valuable resources of the Attorney General's Chambers on more serious crimes.
Lim Chee Wee
President
Malaysian Bar

Malaysian Opposition Leader Acquitted in Sodomy Trial

Posted: 09 Jan 2012 06:42 AM PST

Al Jazeera Interview: Anwar Ibrahim acquitted in sodomy case

From The New York Times

Ending a politically charged two-year trial, Malaysia's High Court acquitted the country's opposition leader, Anwar Ibrahim, of sodomy charges on Monday.

Judge Zabidin Mohamad Diah told the packed courtroom here in the capital that the DNA evidence offered by the prosecutors was unreliable, and that in sex-offense cases the court was reluctant to convict on uncorroborated testimony alone.

The courtroom erupted in cheers after the verdict, as did thousands of Mr. Anwar's supporters gathered outside. Mr. Anwar, appearing surprised by the outcome, hugged his family and told reporters, "Thank God justice has prevailed."

Sodomy, even between consenting adults, remains a crime in Malaysia, where most of the population is Muslim, and Mr. Anwar, 64, could have been sentenced to a term of up to 20 years if convicted. A prison sentence of a year or more would have barred Mr. Anwar from public office for five years after release.

Mr. Anwar has claimed that the case was concocted by Prime Minister Najib Razak's administration to damage the opposition's political standing. Mr. Najib has denied plotting against Mr. Anwar, who served as deputy prime minister in the 1990s.

He was prosecuted once before on charges of sodomy and abuse of power, convicted and jailed, in a case that was also denounced by his supporters as politically motivated. The High Court threw out that conviction in 2004.

Mr. Anwar then led the opposition to major gains in the 2008 elections, depriving the governing party of a two-thirds majority in Parliament for the first time since independence in 1957; a few months later he was charged again, this time with sodomizing a former political aide. Mr. Anwar has described the allegation as a "blatant and vicious lie."

Though the case was widely condemned by human rights organizations and prominent voices in the West, including former Vice President Al Gore and Paul D. Wolfowitz, the former deputy secretary of defense, the trial was widely expected to end in a conviction. That would have sidelined Mr. Anwar for the next national elections, which are expected later this year.

"Anwar was acquitted on a charge that should have never been brought in the first place," said Phil Robertson of Human Rights Watch after the trial. "Hopefully this verdict sends a message to the government to put this matter to rest."

The government seemed inclined to make the best of the court's decision. The information minister, Rais Yatim, issued a statement saying, "Malaysia has an independent judiciary, and this verdict proves that the government does not hold sway over judges' decisions."
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