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10 APRIL 2024

Friday, January 20, 2012

Hot on the heels of Dr M's cue, Saiful sends letter to A-G to appeal Anwar's acquittal


Hot on the heels of Dr M's cue, Saiful sends letter to A-G to appeal Anwar's acquittal
As expected, with the all-clear signal from former premier Mahathir Mohamad tucked under his belt, the complainant in the sodomy case against Opposition Leader Anwar Ibrahim has moved to officially demand that the Attorney-General filed an appeal against the High Court's recent decision to acquit Anwar.
"Up till today, there is no response from the Attorney-General concerning my father's and my open application to file the appeal. Time is running out," Saiful Bukhari Azlan, a former worker in Anwar's PKR party, wrote in his blog on Thursday.
Saiful was referring to the recent public plea by his dad, also a member of Prime Minister Najib Razak's Umno party, for 'justice'. Saiful also said that the letter to the AG was sent through his lawyer, Zamri Idrus & Co.
More than meets the eye
But this is not a simple sodomy case, involving an indignant father and his abused son. Not only are the country biggest political names deeply involved, there is high intrigue going on behind the scenes as Umno warlords jostle for power, using Anwar as a bargaining chip.
The 86-year-old Mahathir fabricated the first round of sodomy charges against Anwar, who was then his deputy and fast out-stripping him in terms of popularity as a local grassroots leader, and also in credibility as an anti-corruption reformist to the international community.
The Malaysian courts - long accused of being subservient to the Umno government - only dared to throw Mahathir's manifestly fabricated case out after he retired in 2003. But by then, Anwar had spent 6 years in prison for the sodomy and corruption charges that he has denied.
In 2008, poised to take over as prime minister, Najib did the same thing to Anwar, with whom he used to proclaim admiration and support for. The 58-year-old Najib reprised Mahathir's 1998 script to slow down Anwar's political comeback.
Then last week, in a shock decision, perhaps realizing that to hang another guilty verdict on Anwar would only damage his own legacy much more than it could damage the opposition's popularity, Najib allowed the courts to turn in a "not guilty" verdict.
In what was clearly an 11th hour pullback, the judge dispensed with a written judgement, delivering a verbal "not guilty" verdict that took a mere 2 to 3 minutes, thereby raising eyebrows even more.
Plan A
The unusual behaviour was compounded by 3 sharp explosions that took place outside the court complex after the ruling was made. It bolstered concerns that Najib and the hardliners in his Umno party had also planned a violent street protest to blame on Anwar's supporters who thronged the court compound.
"We see this as part of Najib's Plan A which was to create a riot and use it to intimidate the people into accepting a conviction for Anwar. For sure, I would not be here talking to you now if the court had found Anwar guilty. I would be in jail under the Internal Security Act," PKR vice president Tian Chua, who was at hand on that fateful January 9 verdict day, had told Malaysia Chronicle.
Now, with the clock ticking down on Sodomy II, which is what Najib's trumped-up trial against Anwar has become known as, the AG is expected to announce a much-awaited decision soon.
And no surprises for anyone as to what Gani Patail, the Attorney General who rose to power after successfully securing a conviction for Mahathir in the 1998 Sodomy I trial, will plumb for.
"Personally, I think that Najib does not want to appeal. But Najib has always been a very weak leader. He talks a good game, but as the saying goes, he doesn’t walk the talk," Malott told Malaysia Chronicle in an e-mail interview.
"He is under a lot of pressure. So he might just remain silent and let it happen, saying that the decision is up to the prosecution. There have been other times like this, like when he said “it is up to the police” whether a demonstration can go forward. Are you in charge of your own government or not?"
Fat chance there won't be political manipulation
As for Anwar, he has made it clear, he is not bother by an appeal so long as there is no government or political manipulation. “The question of the prosecution appealing is not my question. It is their right to appeal. It is up to the prosecution, particularly the Attorney-General to decide," Anwar told the press in no uncertain terms last week.
However, political manipulation looks set to be the order of the day, given the timing and sequence of reactions, especially Mahathir's overly melodramatic appeal for justice for Saiful.
“When Anwar was found not guilty for lack of corroborating evidence, the right of his accuser to appeal is being questioned,” Mahathir wrote in his blog on Tuesday.
“Is it so that, in this land, an opposition leader has special rights, that justice only occurs when he is found not guilty? Is it so that, in this country, the powerless victim has no rights to justice so that he cannot even appeal his case to a higher court?”
Malaysia Chronicle

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