Malott: "A very weak" Najib may be forced by Umno hardliners to appeal Anwar acquittal

INTERVIEW PART ONE Former US ambassador to Malaysia John Malott said he does not think Prime Minister Najib Razak would wish to appeal the court's recent acquittal of Opposition Leader Anwar Ibrahim on clearly trumped-up sodomhy charges. But the former diplomat fears a "very weak" Najib may cave in to hardliners in his Umno party, which has ruled Malaysia for the past 5 decades.

"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?"

Hardliners afraid of opposition coming to power

Malaysia's corruption-tainted judiciary, often accused of bowing to pressure from top Umno leaders to "fix" the outcome of key cases, had shocked the nation and the world when High Court Judge Mohd Zabidin Mohd Diah ruled that Anwar was "not guilty" of sodomizing his aide in June 2008.

Anwar, who had denied the charges, had accused Najib and wife Rosmah Mansor of hatching the conspiracy against him together with the complainant, Saiful Bukhari Azlan, for the sake of derailing his political comeback.

In the immediate aftermath of the acquittal, which was celebrated across the nation and praised by governments around the globe, Najib and his supporters claimed credit by using the unexpected verdict to vindicate themselves and to bolster their claim that the Malaysian courts were free and independent.

But in the past few days, there has been a noticeable clamor growing slowly amongst the Umno hardliners. such as former premier Mahathir Mohamad, deputy premier Muhyiddin Yassin and even Najib's cousin Hishammuddin Hussein for the government to appeal the acquittal decision and force Anwar back to the courts.

This development has not gone unnoticed by seasoned political watchers, including Malott. Now based in Washington and a prominent Malaysia analyst whose views and knowledge of the country are frequently sought, Malott warns of a "strong" reaction should the Umno hardliners try to brazen their way through.

"I think there will be a lot of pressure on Najib to appeal, coming from the hardliners in UMNO, who are afraid of what will happen if the opposition comes to power.  Gani Patail and the prosecutors also have lost face, so they might be inclined to want to appeal.  Some people might think that they can find a more compliant judge the next time. But the reaction not just from inside Malaysia but also from overseas will be strong if the government appeals and puts Anwar and his family through this again," said Malott.

Anwar is still Umno's Public Enemy No. 1

Other analysts have agreed with Malott that a move back to square one would surely have enormous repercussions on Malaysia's credibility and attractiveness, as a country with consistent policies where one could safely and reliably invest in. It would also surely frazzle whatever is left of Najib's already low-stock in the international community. But to the Umno hardliners, Anwar is still their Public Enemy No. 1.

A former Umno deputy president and prime minister in waiting, the 64-year Anwar is the only Malay leader with sufficient nationwide grassroots appeal to pose a challenge to them. For example, Mahathir want his son Mukhriz to become prime minister soon and is said to be already brokering deals with state divisions to support Mukhriz's candidacy for a party vice-presidency.

Muhyiddin Yassin, a former Anwar loyalist, is hoping to take over from Najib both as prime minister and Umno president by 2013. To position himself, Muhyiddin has chosen to adopt an ultra-Malay stance promulgating policies that are accused of being racist and at the expense of the non-Malays in the country. Despite their former friendship, the Anwar acquittal is a setback for Muhyiddin and he has already publicly made it clear that the prosecution should be allowed to decide whether or not to appeal, without interference from the Najib camp.

"(The response from) Saiful's father is a normal reaction of a parent. Those of us in the executive powers should not have to say anything more apart from the call (to appeal) lies with the prosecution team," Star reported Muhyiddin as saying on Thursday.

The same goes for Hisham, whose grandfather was one of Umno's founding fathers. Given his illustrious ancestry, Hisham is unlikely to let go of the chance to take over from his cousin, Najib, to whom he is close to.

But sadly for Hisham, the situation has boiled out of control and there is little Najib and Rosmah can do to openly help him without compromising themselves. If the first couple had pushed for an Anwar conviction - which would entail giving the green light to hardline and perhaps even violent measures including a brutal crackdown and curfew - they would end up destroying their own legacy and make monsters of themselves for posterity to remember them by.

Reflection of the cynicism towards Najib and Umno

Malott admits he was shocked when the judge delivered a "not guilty" verdict.

Indeed, the surprise that greeted the acquittal actually underscores the poor perception that the Najib administration and Umno commands from within and outside the country. Few Malaysians and foreigners think well of the existing legal and political system, and instead believe the worst of it - a situation that perhaps can only be changed by a change in federal government.

Meanwhile, Malott believes there was enormous pressure on the judge in the earlier part of the trial to not throw out the case despite the flimsy evidence.

"I don’t have a clue why the judge ruled the way he did. It really was surprising. There are so many well-documented reports of political interference and misuse of the judicial system.  For example, not just Anwar but also the case of Ramli Yusoff and the failure to seriously investigate and prosecute the deaths that  occurred at MACC," Malott said.

"Earlier in the trial, this judge reversed his own decision on whether the DNA taken from the comb and towel that Anwar used in jail was admissible, and it seems clear there was pressure on him to do so. Otherwise, why would he reverse himself? But now he ruled in Anwar’s favor. It was a shock. As I said in my op-ed, the government might have decided that Anwar was a bigger threat to them in jail because he would be a rallying point for the opposition. We can all speculate, but only the judge knows why he did what he did."  - Malaysia Chronicle 

Malaysia Chronicle will publish the full text of the exclusive interview with John Malott together with Part Three of the Interview.