9 Jan 2012

Malaysian opposition leader acquitted of sodomy

Malaysian opposition leader Anwar Ibrahim will be free to stand in general elections expected later this year after being cleared of charges that he sodomised a former male aide.

Thousands of opposition supporters gathered outside a Malaysian courthouse on Monday to watch the former deputy prime minister walk free as a high court judge delivered a “not guilty” verdict following a two year trial filled with explicit sexual allegations.

Anwar Ibrahim, 64, was charged in 2008 of having sexual relations with the former aide, who was 23 at the time. Under Malaysian law, sex between males is an offence punishable by whipping and up to 20 years in jail, even if consensual, although the law is seldom enforced.

Investigators claimed that semen samples found on the body of his accuser, Saiful Bukhari Azlan, 26, matched Anwar’s DNA following an incident alleged to have taken place in a Kuala Lumpur apartment.

Mr Anwar maintained his innocence throughout, saying that the charges were trumped up, and that he was framed by the ruling coalition headed by Prime Minister Najib Razak in an attempt to derail his chances at political leadership.

Thank God justice has prevailed. I have been vindicated. To be honest I am a little surprised. Anwar Ibrahim

Defence lawyers said Saiful’s testimony was inconsistent, and that the DNA evidence had not been properly stored.

Unreliable evidence

He was acquitted after judge Mohamad Zabidin Diah concluded that the DNA evidence was not reliable.

“The court at this stage could not with 100 per cent certainty exclude the possibility that the [DNA] sample is not compromised,” he said.

“Therefore it is not safe to rely on the sample. The court is always reluctant to convict on sexual offences without corroborative evidence.”

The news was greeted with relief by Mr Anwar, who was previously jailed for six years on sodomy and corruption charges in 1998 in a case widely suspected to be politically motivated. He was freed from that sentence in 2004 after Malaysia’s top court quashed the sodomy conviction.

“Thank God justice has prevailed,” Anwar said.

“I have been vindicated. To be honest I am a little surprised.”

Closure for the scandal?

The trial has captivated and polarised the country, and Malaysians expressed relief that the verdict will bring closure to the scandal.

Shortly after his release, three explosions were reported outside the courthouse with two people injured and taken to hospital. A preliminary investigation found two explosive devices underneath police cones, but it is unclear who was responsible.

Mr Anwar is now expected to be given a clear run to stand for leadership in general elections Prime Minister Najib is expected to call later this year.

His three-party opposition coalition controls more than one third of parliament’s seats, with analysts saying that he could potentially seize control entirely.

But the outcome of the trial could also boost the chances for the ruling National Front alliance, led by Mr Najib, which has ruled Malaysia for more than 50 years. The verdict strengthens his claims that his government does not interfere with the judiciary, and as such Mr Najib’s popularity could rise as he will be in a stronger position to claim that his government’s promises of ensuring civil liberties are serious.

Following the verdict, Information Minister Rais Yatim said in a statement that the acquittal “proves that the government does not hold sway over judges’ decisions.”

Chief prosecutor, Yusof Zainal Abiden, said he had not decided whether to appeal. He was urged not to by government lawmaker, Abdul Rahman Dahlan, warning that prolonging the case would further divide the country.