MALAYSIA COURT HEARS ANWAR SODOMY APPEAL
Malaysia's top court has begun hearing a final appeal filed by opposition leader Anwar Ibrahim against a sodomy conviction widely regarded as politically motivated.
Anwar was sentenced to five years in prison in March on charges of sodomizing a male aide in 2008 after the appeals court overturned an earlier acquittal.
"I am confident of winning the case if we have judicial independence,'' the 67-year-old said before entering the Federal Court, where around 200 of his supporters had gathered.
"I'm mentally prepared, but I don't have much hope.''
Sodomy, even consensual, is a crime in Muslim-majority Malaysia and is punishable by up to 20 years in prison.
Anwar would also be banned from running for office for five years from the day he is released from jail.
Critics and independent human rights activists say the case against Anwar is the latest salvo in a long-running campaign by Malaysia's coalition government to silence its most potent threat.
The US government and other Western governments have expressed concerns over his treatment.
"This trial is so unjust," Anwar's wife, Wan Azizah Wan Ismail, said outside the courtroom.
"We hope and pray that justice will be served, not just for Anwar but for all Malaysians."
A verdict is expected on Wednesday.
MALAYSIAN'S ANWAR LOSES BID TO HAVE SODOMY CHARGE DISMISSED
Anwar Ebrahim, his wife Wan Azizah Wan Esmail (centre) and daughter Nurul Nuha Anwar leave the courtroom in Putrajaya. 'We will soldier on,' Anwar told reporters.
Putrajaya: Malaysia's Court of Appeal refused yesterday to throw out a sodomy charge against opposition leader Anwar Ebrahim, putting his trial back on track to resume this week.
Anwar could be jailed for up to 20 years if he is convicted of sodomising a 24-year-old man who was his former aide, effectively ending his political career and his aspirations to become prime minister.
Source: Gulf News
Anwar could be jailed for up to 20 years if he is convicted of sodomising a 24-year-old man who was his former aide, effectively ending his political career and his aspirations to become prime minister.
- His trial began at the Kuala Lumpur High Court earlier this month with testimony from his accuser, who claimed Anwar forced him to have sex at a condominium in June 2008.
- The court had refused Anwar's request for the trial to be abandoned before it even started. Anwar's lawyers insisted the case was a sham orchestrated by the government.
- A three-judge panel in the Court of Appeal yesterday unanimously upheld the high court's decision, saying Anwar had "not shown that the charge against him was oppressive and an abuse of court".
- A medical examination of the aide conducted after the alleged sodomy showed no conclusive evidence of penetration. Anwar's lawyers argued that trying him for sodomy would be tantamount to abusing the justice system.
- Government lawyers have rejected the argument, saying the prosecution has other evidence. Even if consensual, sodomy is a crime in Muslim-majority Malaysia.
- Anwar said he would file an appeal in the Federal Court, Malaysia's top legal authority.
- "We will soldier on," Anwar told reporters. "We have to exhaust all avenues."
- Earlier yesterday, more than 200 people, including ruling party lawmakers, demonstrated outside the Australian High Commission in Kuala Lumpur after 50 Australian lawmakers urged Malaysian authorities to drop the charge.
- Carrying posters that read "Respect our law", protesters called for Australia to stay out of Malaysia's affairs.
THE MYTH BEHIND M'SIA OPPOSITION LEADER SODOMY TRAIL'S POSTPONEMENT
Federal Court postponed its decision on the Anwar Ibrahim appeal for additional discovery by nine days to January 29th. This forces a one-week delay in the start of the sodomy trial to February 2.
Source: MalaysiaKini,
- The Federal Court’s decision came as a surprise given its Monday morning rejection of a defense request to postpone today’s hearing.
- It has also led some observers to the conclusion that the Federal government, seen to be the unseen hand behind the prosecution of Anwar, has flinched.
- Since early December the Court has been seen to be on a fast track to start the trial on January 25th. Due process in the final appeal for discovery was almost cast aside in the interests of expediency and the scheduling today’s hearing was also regarded as fast tracking an appeals process which has favoured the prosecution at every stage.
- Some are asking why reject the defense’s request for postponement on Monday and then postpone the case two days later?
- Behind the scenes there is still little consensus on whether or not this trial will end badly for BN. Some in the ruling coalition believe a repeat of the 1998 Reformasi demonstrations is unlikely and a swift and clean conviction would elicit minimal public outrage. Others are not so sure, and are fearful that Anwar Ibrahim’s ability to mobilize huge mass demonstrations from behind bars is even greater today.
- Given the negative publicity that nation has endured since Najib’s premiership began, the country can hardly afford another major international fiasco.
- With Anwar’s trial looming, it is accepted that there will be a heavy price to pay in the international community given Anwar Ibrahim’s impeccable networking with world leaders and the international media, the legacy of his botched 1998 trials and the dark cloud still hanging over Malaysia’s troubled judiciary since the Lingam tape controversy demonstrated pervasive corruption in the Malaysian courts.
- It is also believed that Prime Minister Najib has come under intense international pressure during his current road trip to end what is perceived as the ongoing judicial persecution of Anwar Ibrahim. Efforts by Malaysian ambassadors to justify the case have been largely rebuffed and some world leaders have made personal calls on the Prime Minister to urge him to change course.
- The postponement can therefore be seen in the broader context of the UMNO’s inability to commit fully to the political risk of Sodomy II.
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