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Tuesday 10 January 2012

Anwar’s victory belongs to Najib

Political observers say that while Anwar is a free man, Najib has also exited the trial relatively unscathed.

PETALING JAYA: Political observers believe that the unexpected freedom granted to Opposition Leader Anwar Ibrahim is a stronger boost to Prime Minister Najib Tun Razak’s image than to Pakatan Rakyat’s reformasi momentum.

Anwar walked away a free man from his second sodomy trial this morning after two years of court battles and the verdict has caught many by surprise.

But as the thousands of supporters outside the Kuala Lumpur High Court rejoiced, political pundits noted that the real victory could belong to Barisan Nasional and not Pakatan Rakyat.

Ong Kian Ming of UCSI University emphasised that the most significant of the verdict’s aftermath would be on how Najib would use it to his advantage.

“He will likely try to take credit for it by saying that it indicates the judiciary’s independence,” he predicted. “The general election could very well be in the early part of the year and it will be very important for Najib to maintain momentum by introducing various legislative reforms.”

Associate Professor in Political Science of the Singapore Management University, Bridget Welsh, called Najib a “key winner” in the sodomy verdict which she said gave him a personal opportunity for him to show a middle ground.

She however cautioned against a premature hailing of judicial independence although she acknowledged that the verdict was undoubtedly a good and welcome first step.

“But the judiciary will no longer be battered as far as this sodomy trial is concerned,” Welsh laughed. “I think most people’s surprise over the verdict stemmed from the perception that the trial revolved around political targetting. An acquittal shows that wisdom won out in the end.”

Damage control

Constitutional expert, Abdul Aziz Bari, pointed out that the verdict could also be viewed as “damage control” to save BN from slipping further.

“The court by law should have acquitted Anwar without calling for his defence,” he stated. This sentiment is shared by many political observers and civil society groups who told FMT that the prime injustice was the existence of the charge itself.

One of them is Deputy Asia Director of the Human Rights Watch, Phil Robertson, who pointed out that Anwar was acquitted on a charge that should never have been brought in the first place.

Robertson even went as far as to call for Malaysia’s government to revoke its “outdated” sodomy law.

“This law is used to slander political opponents and critics,” he said. “Whether or not Anwar engaged in consensual ‘sodomy’ is irrelevant.”

“It’s time to reject this law and end the farcical political theater that promotes discrimination based on sexual orientation and destroys people’s lives.”

The political observers have also deemed the verdict as a personal victory for Anwar and his family more than it is for the opposition.

In an immediate response this morning Ong tweeted, “@anwaribrahim’s acquittal means no more reason for him to go on nationwide tour. will take some political momentum away from PR.”

He later told FMT that the sympathy votes that would have inevitably followed a conviction were now nullified.

“I was expecting up to a 2% vote swing against BN as a result of a conviction,” Ong said. “So the cost of this victory is a loss of those votes. It’s also a sign that the government wants to move on to other things.”

No longer an issue

James Chin of Monash University agreed that it was a “clever move” as both Pakatan and Anwar wouldn’t be able to make it an issue in the next general election.

“I think the people who are most happy about the verdict is DAP because a prison sentence would mean a hiccup in Pakatan’s leadership,” he added. “And DAP has major problems working with (PKR deputy president) Azmin (Ali).”

And then there are those who are adamant that the verdict is nothing more than a political ploy. Parti Socialis Malaysia secretary-general, S Arutchelvan, said that the only way it could be interpreted is an election ploy.

“It is an interesting verdict,” he said. “It looks like the political administration feels like putting Anwar behind bars will have bigger consequences than releasing him as people don’t believe the case against him. If they didn’t acquit it would have a bigger consequence (on the Najib administration).”

Suaram coordinator, E Nalini, credited the people for being the driving force behind the judge’s decision. She too sided with Arutchelvan in suspecting the verdict of being a political ploy and blamed it the “bad trend” set by prior judicial proceedings.

Lawyers For Liberty (LFL) coordinator, Fadiah Nadwa Fikri added that if the government was really serious about reforms and achieving more democratic changes, then it should look into reforms in other areas like the police force and the Attorney-General’s Chambers.

“We have seen how selective the court has been in cases involving human rights,” she said. “The judicial is flawed as the system itself is questionable.”

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