Whether or not Najib appeals Anwar's acquittal, the glimmer of a new dawn is here

Something extraordinary happened in Malaysia on a bright Monday morning on the 9th of January 2012. An opposition leader whom practically everybody believes will be found guilty of sodomy and jailed was acquitted instead.

The ramification of this event for Malaysia is immense but before we go into this some background perspective is in order.

First of all, BN leaders have been quick to capitalize on Anwar’s acquittal as proof that the judiciary is fair and independent. This is hogwash. One swallow does not make a summer and the judiciary is about as independent as any state institution controlled by Umno. Let’s not forget how Umno made use of the so-called independent judiciary to hold on to Perak during their illegal grab with controversial judgements which treated the Constitution with cavalier disregard.

Najib and Mahathir have promptly declared that Anwar’s acquittal exonerates BN of conspiracy claims. This is again hogwash. If this is a non-politically motivated case it would never have gone to trial in the first place. No prosecutor in any sensible criminal enforcement system will proceed with a rape case without clear medical evidence of penetration. The fact that Anwar was charged with consensual sodomy while his accuser screamed publicly that force was used shows how artificial and disjointed the case was.

A Victory for the People

Now that we have laid to rest the untenable notion of an ordinary criminal prosecution under a fair judiciary the question that begs to be answered is, “Why wasn’t Anwar convicted?” Did the judge decide to rule on merit or did Umno realize that a conviction which nobody believes in will do them more harm than good?

We may never know for sure whether the judge found his courage or Umno relented but in any case it does not really matter as the positive ramification for the country is the same. Such an acquittal could never have happened under Mahathir as the prevailing political environment has much to do with it.

Mahathir created a climate of fear. Under his autocratic and iron-fisted rule no judge would have found the courage to acquit Anwar. Neither did Umno need to pander to public opinion. In 1999 Mahathir had Anwar convicted under the most transparent show trial and then went on to obtain two-thirds majority in the general election held the same year.

In a functioning democracy no ruling regime could have survived what Mahathir did in Sodomy I. It goes without saying that we did not have a functioning democracy under Mahathir. Anwar’s acquittal means that we have moved away from the Mahathirean era to a somewhat better democracy. Our democracy may still be flawed but it is a few notches better than a decade plus ago.

This change has come about because Umno now has a tangible fear of losing power unlike pre-2008 when it revelled in a one party rule with no creditable challenge. This is due to a strong and united opposition after the landmark 2008 general election. The opposition may not be in power but they have still managed to change Umno’s behaviour.

Anwar’s acquittal is a real victory for the people. It is a ray of hope and the glimmer of light at the end of the tunnel.

Towards a Real Two Party System

Although we are taking the tentative steps to a genuine two party system we are not there yet. Umno still controls and abuses all the institution of democracy including the most important one, the Election Commission. It continues to indulge in negotiated sweetheart deals for cronies and plunder the country as if this is their private property. Meanwhile opposition politicians are harassed, prosecuted, persecuted, slandered and enticed to defect to keep a two party system from forming.

BN is so entrenched that it considers its birthright to rule Malaysia. It is in denial and will not behave as part of a two party system as long as it thinks it can always win the election by fair means or foul. Hence a two party system will only be established if BN loses power at least once.

There are critics who enjoy picking on PR’s flaws with the help of the state controlled mainstream media while ignoring BN’s monstrosities as if the opposition is not worthy of our support unless it is perfect. One of the worse is Raja Petra who seems to have found a soft spot in his heart for Umno.

Let me be frank. There are few angels in politics. Most politicians will tend to become corrupt if they remain in power too long. We need democratic competition to keep them in line. They need to fear losing power and compete for our votes. We need a two party system.

We should not demand that the opposition be perfect before we support them. It’s not about electing angels to parliament it’s about establishing a two party system. If you want a better life, if you want prosperity for your country and a better future for your children you should vote for anything but BN.

If Pakatan Rakyat cannot perform to our satisfaction we can always vote them out. If BN regains power it will not be the same abusive, corrupt and racist coalition. It will be more people-centric and accountable. Most of all it will fear the people because we would have established a two party system.

Malaysia Chronicle