KUALA LUMPUR, Feb 21 — The conviction of Opposition Leader Datuk Seri Anwar Ibrahim for sodomy last week has continued to raise doubt over Malaysia’s judicial independence, with an Australian newspaper saying it was “impossible” to rule out collusion.
The Sydney Morning Herald (SMH) in an editorial piece published yesterday called the Federal Court ruling in Anwar’s case regressive, and said it suggested Putrajaya was applying questionable laws to see off political rivals.
“With the jailing of opposition leader Anwar Ibrahim last week, Malaysia appears to have again resorted to dubious law to eliminate political challenges... whether at the government’s instigation, or acting on its own initiative, Malaysia’s highest court trod a regressive line on Mr Anwar’s case,” said the newspaper.
It added that the manner with which the trial was conducted lacked credibility and left a bad impression on Malaysia’s already dented global image.
“It’s almost impossible to tell whether or not the judges were entirely judicially impartial, or whether anyone from the government gave them a nudge, or whether they acted independently to rid the government of a vocal critic.
“In any case, the nature of the so-called crime and the hounding of Mr Anwar over the years has stained Malaysia’s reputation,” it added.
The SMH’s remarks about Malaysia’s judiciary are in the same vein as criticism from the US, UK, Australia and others following the Federal Court’s decision to uphold Anwar’s conviction and jail sentence for sodomy.
The countries expressed disappointment over Anwar’s conviction— “deep disappointment” in the case of the White House — with the US adding that the decision raised “serious concerns about rule of law and the fairness of the judicial system in Malaysia”.
Noting the international condemnation, the SMH said the verdict reinforced perception that Putrajaya would have no qualms resorting to heavy-handed tactics to preserve the status quo after the opposition made significant gains in the past two elections.
“Since his sentencing, Mr Anwar has been no real threat to the Malaysian government. Locked up in a spartan jail cell (with a thin foam mattress on the floor and a squat toilet, according to his lawyers), his political career has been cut short, his ambitions stymied.
“A challenge to the government has been quashed. Yet the government insists the judges determined Mr Anwar’s guilt with no political interference and the independence of the judiciary was in no way compromised,” the newspaper said.
Last week, the Federal Court upheld the Court of Appeal’s 2014 ruling that had reversed Anwar’s acquittal of sodomising former aide Mohd Saiful Bukhari Azlan, and sentenced the Permatang Pauh lawmaker to five years’ jail.
Anwar will be disqualified as MP and federal opposition leader on Tuesday unless he files a petition seeking a royal pardon.
