Sodomy II: Will Najib and Rosmah dare to appear with GE-13 looming?

The current spate of attacks against opposition leaders by Prime Minister Najib Razak's federal government using the apparatus of law under its thumb has reached an unsavoury state. These mounting acts of intimidation are a prelude to the general election, and make no mistake, the polls will be sooner than expected.

Already, leaders such as PAS deputy president, Mat Sabu, are being dragged to court for comments concerning the Bukit Kepong incident. The severity of the onslaught against Mat Sabu over the weeks is unlikely to coagulate into a mere court appearance. It will definitely be advantageous to BN if Mat Sabu is unable to contest in the 13th general election and this explains why Mat Sabu is expected to be hastily punished so as to irreparably dent his cerdibility and acceptability to voters.

The move against Anwar Ibrahim, the Pakatan Rakyat's de-facto chief, will also intensify despite damning testimony from forensic experts against the DNA evidence, which forms the crux of the prosecution's flimsy sodomy case against him.

Now, there are also indications that Najib and wife Rosmah Mansor, despite having been subpoenaed, will refuse to take the witness stand in the sodomy trial which Anwar has accused them of fabricating in a bid to bring him down.

Warrant of arrest can be sought against Najib, Rosmah

It was back in August that both Najib and Rosmah refused to be interviewed as potential witnesses by the courts unless they were summoned. So left without a choice, Anwar's lawyers subpoenaed them.

If Najib and Rosmah refuse to honor the summons, then both are in contempt of court, and thus, liable to charges filed against them. This will be a public relations disaster for Najib and Rosmah, thus they are expected to appear and this opens the all important question, what will Najib and Rosmah reveal in open court?

“Refuse to be interviewed is different from being subpoenaed,” lead counsel for Anwar Ibrahim, Karpal Singh told reporters on Aug 22. Indeed, the subpoenae served to Najib, Rosmah Mansor and ex-Inspector General of Police Musa Hassan and Malacca police chief Rodhwan Ismail is not something they can conveniently wish away.

It is an order by the courts to take the witness stand, or else an arrest warrant would be issued for non-compliance to that order. However, the warrant of arrest has to be served by the judge. And controversial trial judge Mohd Zabidin Mohd Diah has already shown his leanings in the case when he earlier gave Najib, Rosmah and the two cops a lifeline by allowing them to escape being interviewed as potential witnesses for the defense.

The seemingly biased nature of the trial judge has been a bone of contention for Anwar who made it clear in his 32-page statement read from the dock that this was why he had tried to have Mohd Zabidin removed as trial judge.

Would Mohd Zabidin give Najib and the other three another “life-line” if an arrest warrant is sought by Anwar's lawyers?

Subpoena can be set aside

A subpoena cannot be reversed, although it can be set aside. But until that happens, a witness must honor it and so it is now a waiting game to see if Najib, Rosmah, Musa Hassan and Rodhwan Ismail would appear and give testimony in open court.

But with GE-13 looming nearer by the day, with many now whispering it will take place before Christmas, plus a re-branding exercise to make Najib appear as a ‘cool’ prime minister in full swing, some say it is unlikely that he or his wife would dare take the witness stand.

Chances are high the first couple will apply to the courts to have the subpoena set aside, which would immediately set tongues wagging as to why they dare not take the witness stand.

In other words, it would make them look bad and appear to be guilty of having fabricated the sodomy charges as Anwar has accused them of doing so.

For Najib and Rosmah to not do anything including not attending court would be a direct challenge to the judiciary, and if it heads to that, what then will the courts do to rope in this most 'un-cool’ of prime ministers?

Therefor, it is not impossible an 'arrangement' has already been made to allow the four to escape the witness stand, which would entail an application to the court to set aside subpoena. So far, sources say none have been filed.

In the 1998 sodomy trial, former premier Mohathir Mohahad too was summoned and he used the courts to have the summons set aside

Nonetheless, for Najib and Rosmah, a surprise appearance at the court to answer claims they were involved in cooking up the charges would create a huge buzz within and outside the country.

The first couple will certainly go down in history. No other prime minister together with his wife have ever misbehaved to the extent that they have to go to court to explain their roles in what is basically a crime.

- Malaysia Chronicle