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Anwar Ibrahim sodomy trials

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The Anwar Ibrahim sodomy trials were outcomes of sexual harassment complaints in Malaysia. The first trial was held in 1998, and resulted in former Deputy Prime Minister Anwar Ibrahim being convicted, and given a nine-year prison sentence. This verdict was overturned in 2004, resulting in Anwar's release from prison. While the leader of the Pakatan Rakyat opposition, Anwar was charged in 2008 with sodomising a male aide. He was tried in 2010 and 2011 and, in January 2012, was acquitted.

1998 allegation

Corruption accusations

In 1998, a book, 50 Dalil Kenapa Anwar Tidak Boleh Jadi PM ("50 Reasons Why Anwar Cannot Become Prime Minister") was circulated among members of the UMNO General Assembly, containing graphic allegations as well as accusations of corruption against Anwar.[1]

Anwar's sacking from office

Anwar was fired from the Cabinet in 2 September 1998, amid police reports that he was under investigation. The following day, he was expelled from UMNO. Dr. Munawar Anees, Anwar's former speechwriter, and Sukma Darmawan Sasmita Atmadja, Anwar's adoptive brother, were arrested under suspicion of engaging in homosexual acts. Five days later, they were given a jail sentence of six months after pleading guilty to "unnatural sex" with Anwar. They later recanted their confessions, and appealed the sentence, claiming to have been coerced into pleading guilty. Anees made a statutory declaration to that effect.[2] However, Dr. Munawar's appeal was rejected by the High Court on 29 October 2008 upholding his guilty sentence.[3] Two of Anwar's secretaries, Ezam Mohamad and Mohamad Azmin Ali, were both held separately as part of police investigations into the "50 reasons" book. Both were later released.

Black eye incident

On 29 September 1998 Anwar appeared in court and pleaded innocent to charges of corruption and sodomy. A photo of Anwar with a black eye (incurred from a beating by then Inspector General of Police Rahim Noor) and one hand raised became a symbol of the political opposition in many reformasi posters.

The black eye was explained by Mahathir Mohamad and Rahim Noor as being "self-inflicted" and caused by "pressing a glass over his eyes". Only after a Royal Commission was convened did Rahim Noor admit that he had administered the beating to Anwar.[4][5] Rahim apologised for the incident in August 2005.[6] Rahim Noor was eventually charged for the assault and was given a two-month prison sentence and fined 2,000 ringgit.[7]

DNA evidence

During the trial, a mattress was presented to court, supposedly stained with Anwar's semen. This was submitted as DNA evidence of Anwar's sexual acts. Anwar denied having anything to do with the mattress, although the DNA tests came out positive. Dr. Lim Kong Boon, a DNA chemist, testified during the trial that DNA taken from 10 of 13 semen stains on the mattress matched Anwar's DNA.[8] The defence team implied that DNA samples may have been taken from Anwar, while unconscious, after his beating in police custody, to create false forensics evidence to frame Anwar; however, High Court Judge Augustine Paul accepted that DNA evidence.[8] [9]

Alleged government interference

During the trial, Mahathir appeared on Malaysian television in a special appearance to explain the arrest of his deputy. This was one of several occasions in which Mahathir declared Anwar guilty of sodomy and homosexual acts, even as the trial still was underway. The government included the statements of the purported victims of Anwar's sodomy attacks, evidence that was widely considered to be tainted.[10] Furthermore, the prosecution was unable to accurately decide on a date that the alleged acts of anal sex had occurred – the government originally alleged that a sodomy had occurred inside a building that had not been constructed at the time of the alleged event.

Furthermore, the Attorney General's prosecution team (headed by Abdul Gani Patail) also submitted a scenario in which Dr Munawar Anees took an overnight flight from Britain all the way to Malaysia to be sodomised by Anwar, and flew back to Britain after that. The infamous "stained mattress" that was taken in and out of court over 20 times throughout the duration of the trial, was supposedly the same one that Anwar did his homosexual acts and extramarital sex on.[11] However, according to the evidence, the sexual acts had taken place on the mattress a few years ago, and yet the DNA evidence obtained from it were rather recent in age.[12]

Sentencing

On 14 April 1999, Anwar was sentenced to six years in prison for corruption and, on 8 August 2000, nine years in prison for sodomy. The sentences were to be served consecutively, and Anwar was given no credit for the six months he spent in jail during the trial. The following year, Anwar's corruption conviction was upheld by Malaysia's Court of Appeal. In July 2002, Anwar lost his final appeal against the corruption conviction in the Federal Court. In September 2004 the Federal Court overturned his sodomy conviction.[13]

In a speech during the proceedings against him, Anwar explained what he believed to be the underlying motive behind his persecution. He told the court: "I objected to the use of massive public funds to rescue the failed businesses of his (Mahathir's) children and cronies." Both Amnesty International and Human Rights Watch expressed doubts about the fairness of the trials.[14][15] Amnesty International subsequently designated Anwar as a prisoner of conscience. The trial also provoked international criticism. Then-U.S. Vice President Al Gore denounced Anwar's trial as a "mockery", but Mahathir rejected all such international criticism as "foreign interference."[16]

Anwar's wife, Wan Azizah Ismail, subsequently formed Parti Keadilan Nasional (the National Justice Party, later known as Parti Keadilan Rakyat or the People's Justice Party), which based its platform on campaigning for Anwar's release and reformasi. At the following general election, the then-National Justice Party performed poorly in the election, only winning five parliamentary seats.

2008 allegation

Allegations

File:Turki Anwar Ibrahim.jpg
Anwar Ibrahim outside the Turkish embassy with his supporters.

On 29 June 2008, an aide to Anwar Ibrahim, Mohd Saiful Bukhari Azlan, lodged a police report claiming that he had been sodomised by Anwar. Sodomy, even if consensual, is punishable by up to 20 years imprisonment and whipping under Section 377B of the Malaysian Penal Code.[17]

Anwar responded that the complaint was politically motivated and intended to discredit him, and called it a "complete fabrication"[18] and asserted that he had an alibi.[19] Anwar subsequently filed a lawsuit against Saiful.[20]

Anwar's wife, Wan Azizah Wan Ismail, accused the government of orchestrating the allegations, and alleged that the government was behind the accusations. Prime Minister Abdullah Ahmad Badawi denied the allegation.[21][22][23]

On 30 June, Anwar took refuge in the compound of the Turkish Embassy in Kuala Lumpur, and left the following day after receiving assurances of his safety by Malaysian police. Anwar promised to cooperate with the investigation, but stated he feared a repeat of the previous trial.[24]

On 9 July 2008, Anwar asked an Islamic court to investigate his former aide. Under Islamic law, anyone making accusations of a sexual crime, such as sodomy, has to produce four witnesses to back up their claim. The witnesses must be credible and male.[25]

Malaysian police issued an arrest warrant on 15 July for Anwar Ibrahim, and investigating officer Jude Pereira signed and issued the letter requiring Anwar to appear at a police station for questioning before Wednesday at 2 pm local time.[26] Counsel Nair said Anwar agreed to the new request for questioning, amid arrest under the Sodomy Act. Home Minister Syed Hamid Albar demanded that Anwar provide his DNA: "We have taken DNA (from the accuser) so we have to take Anwar's DNA also."[27] On 16 July 2008 Anwar was arrested by a contingent of 10 police cars (half unmarked and half-patrol) with 20 balaclava-clad masked commandos, under Section 377A of the Penal Code, outside his home on 16 July. He cut short an interview at the headquarters of the Malaysian Anti-Corruption Agency to meet the police deadline, whereupon he was arrested.[28][29][30] Anwar complained he was locked-up with hardcore criminals overnight and forced to sleep on the cement floor. The bail required for Anwar's release was RM 10,000.[31][32]

Anwar was eventually released without charges filed, but had to post bail on 17 July, after overnight police detention and after recording his statement at the Kuala Lumpur police headquarters on 18 August 2008.[33][34]

Evidence

In July 2008, Anwar produced a medical report that he argued demonstrated that he had not assaulted Saiful. Having produced the report, Anwar requested police drop their investigation into the alleged sodomy.[35][36] Parti Gerakan Rakyat Malaysia, on 20 July proposed that international experts be used in the investigation against Anwar, for Koh Tsu Koon opined this would prevent falsification of DNA samples. Deputy Police chief Ismail Omar said that the police will not use the 1998 DNA sample collected from Anwar. Kuala Lumpur Hospital Director Zaininah Mohammed Zain said Anwar was not stripped naked in his medical examination.[37] In February 2010, Anwar appointed three DNA and forensic experts from overseas to help his defence.[38][39]

On 15 August 2008 Mohd Saiful Bukhari Azlan swore on the Quran that he was sodomised by Datuk Seri Anwar Ibrahim according to Federal Territory Mosque Imam Ramlang Porigi. Ramlang said that he was one of four imams present for the ceremony that was held between 6.15 pm and 6.20 pm.[40]

On 7 August 2008, Ibrahim pleaded not guilty to "unnatural sex" sodomy charge (defined as "carnal intercourse against the order of nature") at the Jalan Duta Court complex and released by Sessions Court Judge Komathy Suppiah on a personal bail bond of 20,000 ringgit (USD6,090). In November, the judge in the Sessions court struck down the request by Malaysia's Attorney-General Tan Sri Abdul Gani Patail to transfer the case to the High Court. The reason given was that the certificate signed by the AG was invalid. The judge fixed the court date at 10 November.[41][42]

Second trial

Anwar’s sodomy trial, his second since 1998, began on 3 February 2010.[43] On 2 August 2010 his lawyers moved to have the charges dropped amid rumours that his accuser was having an affair with a member of the prosecution team.[44] Anwar's defence had continually been refused access to clinical reports by the trial judge during the cross-examination of the HKL doctors who examined Saiful.[45][46]

International reaction

The sodomy charges sparked numerous criticisms and expressions of concern from overseas. Political leaders from the United States, Australia, and other governments commented on the case, damaging Malaysia's reputation as a progressive, Islamic democracy.[47] Amnesty International and other human rights groups condemned the charges against Anwar.

Over 50 Australian Parliamentarians from the Government and the Opposition signed a letter formally requesting that Malaysia cease the trial of Anwar.[48][49] Prime Minister Najib stated that the Australian lawmakers were likely not familiar with the details of the case.[50][51]

Local reaction

Local reaction to the trial was split between supporters of different governmental factions. Opposition supporters believed there was a conspiracy to discredit him. Prominent opposition MP Karpal Singh suggested that Prime Minister Najib Tun Razak and his wife were behind the initiation of the sodomy charge. However, the police strongly disagreed, indicating that Anwar's arrest was supported by the evidence.[52][53] A shared concern, such as that expressed by veteran UMNO leader Tengku Razaleigh Hamzah, was that the trial will "shame the country the world over"[54] Malaysia's Foreign Ministry on 8 February 2010 cautioned foreign governments against involving themselves in the trial by commenting on or criticising the Malaysian legal system.[55]

Acquittal

On 9 January 2012, almost two years after the trial started, Judge Zabidin Mohamad Diah found Anwar not guilty of sodomy, after finding the DNA evidence submitted by the prosecution was unreliable. His oral verdict concluded: "The court is always reluctant to convict on sexual offences without corroborative evidence. Therefore, the accused is acquitted and discharged". Anwar expressed surprise at the verdict and said: "Thank God justice has prevailed I have been vindicated." Information Minister Rais Yatim responded by claiming the verdict demonstrated the independence of Malaysia's courts.[56] Mahathir Mohamad, Anwar's nemesis and the prime minister at the time of Anwar's first sodomy trial, said that the verdict vindicated the government and proved there had never been a conspiracy between the government and the judiciary to imprison Anwar.[57] Saiful, the complainant, said after the verdict was delivered that he hoped that the prosecution would appeal against Anwar's acquittal.[58]

Anwar had spent the days before the verdict travelling Malaysia to gain support for the opposition.[59] Approximately 5,000 opposition supporters rallied outside the court on the day the court delivered the verdict.[60] Five people were injured in explosions in the area around the court complex, the cause of which could not be confirmed by police at the time.[61]

References

  1. ^ Dr M: Up to Anwar to sue over 'gay' remark, Daily Express, 22 Sept. 2005.
  2. ^ Statutory Declaration from Dr. Munawar Ahmad Anees (part 1) 3 Dec 1998
  3. ^ Dr. Munawar fails in bid to remit appeal to High Court 29 October 2008
  4. ^ "Rahim Noor's Confession: Black Eye and Blacker Deeds" (Press release). Aliran. 1 March 1999. Retrieved 30 August 2008.
  5. ^ "Anwar vindicated but Attorney-General should give full accounting of the compensation government is paying for Rahim Noor's "black-eye" assault" (Press release). Democratic Action Party. 4 August 2005. Retrieved 30 August 2008.
  6. ^ "Anwar wins apology for beating". BBC News. British Broadcasting Corporation. 3 August 2005. Retrieved 7 September 2008. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
  7. ^ "'Black eye for justice'". BBC News. 15 March 2000. Retrieved 4 February 2010.
  8. ^ a b "A Stain Upon Anwar's Defense", Alvin Ung, The Associated Press, CBSNews.com, 1998-12-30, web: CBS-489.
  9. ^ Anwar trial hears DNA evidence 30 Dec 1998, BBC News
  10. ^ "Sodomy II: Hinging on court review". Malaysian Mirror. Retrieved 9 February 2010.
  11. ^ "Mattress shown in Anwar trial". BBC News. 15 December 1998. Retrieved 17 February 2010.
  12. ^ "Anwar's indignity of soiled bedding case rests on bedding". The Independent. London. 15 December 1998. Retrieved 17 February 2010.
  13. ^ Colvin, Mark (2 September 2004). "Anwar Ibrahim freed after sodomy sentence overturned". Australia: ABC. Retrieved 31 March 2010.
  14. ^ Malaysia: Double injustice heaped on Anwar Ibrahim 18 Apr 2003, Amnesty International
  15. ^ Human Rights Watch Monitors Second Anwar Trial 11 June 1999, Human Rights Watch
  16. ^ Gore: Anwar trial a 'mockery Gore: Anwar trial a 'mockery' 9 Aug 2000, BBC News
  17. ^ M'sian police classify sexual assault report against Anwar as sodomy straitstimes.com
  18. ^ "Malaysia's Anwar denies aide's sodomy complaint". ABC News. 29 June 2008. Retrieved 6 March 2010. [dead link]
  19. ^ "Malaysian Anwar in 'sodomy alibi'". BBC. BBC News. 18 July 2008. Retrieved 18 July 2008.
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  21. ^ "Anwar's accuser visited DPM at his home before lodging police report". TheStar Online. 4 July 2008. Retrieved 10 February 2010.
  22. ^ [1] [dead link]
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  24. ^ uk.reuters.com, Malaysia's Anwar says to leave embassy soon, 30 Jun 2008.
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  27. ^ Hamid, Jalil (15 July 2008). "in.reuters.com, Malaysia police may arrest Anwar, govt asks for DNA". In.reuters.com. Retrieved 10 January 2012.
  28. ^ nst.com.my, POLICE CHIEF: Anwar’s arrest followed legal process[dead link]
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  30. ^ "Malaysia's Anwar released on bail". BBC News. 17 July 2008. Retrieved 2 February 2010.
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  38. ^ "Anwar enlists three DNA and forensic experts". Malaysian Insider. 17 February 2010. Retrieved 17 February 2010.
  39. ^ "* Indian among three forensic experts to assist Anwar in trial". Press Trust of India. 18 February 2010. Retrieved 23 February 2010.
  40. ^ TheEdgeDaily, ‘Sumpah’ by Saiful meant for adultery cases, says imam[dead link]
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  42. ^ "Malaysia's Anwar scores victory in wrangle over sodomy trial". ChannelNewsAsia. 7 November 2008. Retrieved 7 November 2008.
  43. ^ "Anwar Ibrahim sodomy trial finally begins in Malaysia". BBC. 3 February 2010. Retrieved 15 June 2010.
  44. ^ Gooch, Liz (2 August 2010). "Affair Claim Could Disrupt Sodomy Trial". The New York Times. Retrieved 15 September 2010.
  45. ^ Chelvi, S. Tamarai (22 November 2010). "Anwar fails to obtain clinical notes". theSun. Kuala Lumpur. Retrieved 24 March 2011.
  46. ^ "Anwar's sodomy trial: Karpal's request for clinical reports denied". Malay Mail Online. Retrieved 24 March 2011.
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  48. ^ "Aussie lawmakers: Drop sodomy case". Malaysian Mirror. 12 February 2010. Retrieved 12 February 2010. [dead link]
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  61. ^ ""Free Anwar Campaign" Marred By Explosions, Five Injured". Bernama. 9 January 2012. Retrieved 9 January 2012.
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