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Sunday, 8 January 2012

Malaysia's Anwar acquitted could shake ruling Umno party's grip on power?


Anwar Ibrahim sodomy charge dismissed by Malaysian judge

Second acquittal of opposition leader on sex charges is a shock ahead of poll that could shake ruling Umno party's grip on power

Kate Hodal in Bangkokguardian.co.uk

Anwar Ibrahim, flanked by his wife, Wan Azizah Ismail
Anwar Ibrahim, flanked by his wife, Wan Azizah Ismail, makes a speech to supporters after his acquittal on sodomy charges. Photograph: Bazuki Muhammad/Reuters



A Malaysian court has acquitted the opposition leader Anwar Ibrahim of sodomy charges in a shock ruling that could fast-forward the former deputy prime minister's political comeback ahead of an expected election this year.

Anwar, 64, was charged in 2008 with having sex with a male former aide. He faced whipping and up to 20 years in jail if found guilty.

The case grabbed headlines with its lurid details in this mainly Muslim country of 28 million, where sex between males is a punishable offence, even if consensual.



In his ruling on Monday morning the judge, Zabidin Mohamad Diah, expressed doubts over the validity of the DNA samples provided as evidence and told the packed Kuala Lumpur courtroom: "Because it was a sexual offence the court is reluctant to convict on uncorroborated evidence. Therefore the accused is acquitted and discharged."

Anwar and his supporters long contested the allegations as a government plot to weaken his three-party coalition, which made unprecedented gains in the 2008 elections. Anwar is considered the glue binding together the allianceof Islamists and an ethnic Chinese party.

"Thank God justice has prevailed," Anwar told reporters after the verdict. "I have been vindicated. To be honest I am a little surprised."\

Some 5,000 supporters awaited the ruling outside the capital courtroom, chanting "reformasi" (reform) and waving "People are the judge" placards as police in riot gear watched and a helicopter flew overhead.

The court decision follows a week-long nationwide tour during which Anwar rallied for support while confirming that his alliance would continue with or without him. "Anwar in jail, Anwar out of jail… it doesn't matter. The more important [thing] is people should overthrow Umno," he told followers, referring to the United Malays National Organisation, which has ruled Malaysia for 50 years.

"I'm not guilty. I'm a victim of slander … there is no case if they follow the facts or the law," he said.
It is the second time in 14 years that Anwar has faced the courts. The former deputy prime minister and finance minister was jailed in 1998 for six years on sodomy and corruption charges after disagreements with the then premier, Mahathir Mohamad, in what was widely seen as a politically motivated prosecution. The sodomy charge was overturned in 2004.

The current government led by Najib Razak as prime minister said the ruling proved Malaysia's legal system was free and impartial, despite claims to the contrary by opposition activists.

"Malaysia has an independent judiciary and this verdict proves that the government does not hold sway over judges' decisions," the government said in a statement released after the verdict.
Online news: Asia

Anwar Ibrahim was acquitted Monday in a surprise end to a politically-charged sodomy trial he has called a government bid to cripple his opposition ahead of upcoming polls.

Malaysian opposition leader Anwar Ibrahim, seen here before entering the court building in Kuala Lumpur on January 9. Anwar was acquitted on Monday in a surprise end to a politically-charged sodomy trial he has called a government bid to cripple his opposition ahead of upcoming polls.

The ruling by Judge Mohamad Zabidin Diah set off pandemonium in the Kuala Lumpur High Court, with Anwar mobbed by his wife, daughters and opposition politicians in joyous scenes.

Thousands of Anwar supporters who gathered outside under heavy security erupted into cheers and raised their fists in the air as news of the verdict filtered out.

In his brief verdict announcement, Zabidin said he could not rely on controversial DNA evidence submitted by the prosecution.

"The court is always reluctant to convict on sexual offences without corroborative evidence. Therefore, the accused is acquitted and discharged," he said.

The verdict in the more than two-year trial defied the expectations of many political observers and even Anwar himself, who said the government of Prime Minister Najib Razak was intent on eliminating him as a political threat.

It was the second sodomy verdict in a dozen years for Anwar, a former deputy premier in the 1990s who was next in line to head the country's long-ruling government until a spectacular downfall.

The charismatic Anwar had been groomed to succeed former prime minister Mahathir Mohamad until a bitter row between them saw Anwar ousted in 1998, beaten and jailed on sodomy and graft charges widely seen as politically motivated.

Once the sodomy charge was overturned in 2004 and he was released, the affair threw Anwar into the opposition, which he led to unprecedented gains against his former ruling party in 2008 general elections.

But the new sodomy charges emerged shortly after those polls -- Anwar was accused of sodomising a former male aide -- sparking accusations they were concocted by the ruling United Malays National Organisation to stall the opposition revival.

Sodomy is illegal in Muslim-majority Malaysia and punishable by 20 years in jail.

Saturday, 7 January 2012

Malaysia's Anwar's Sodomy Verdict D-Day 901; So near, yet so far?


Anwar Ibrahim has been critical of the New Eco...
Sodomy verdict time, again

By LISA GOH lisagoh@thestar.com.my

PETALING JAYA: More than a decade after he was first convicted of sodomy, Datuk Seri Anwar Ibrahim will know tomorrow whether he is found guilty of a similar offence.

The decision in the Kuala Lumpur High Court comes at the end of a trial lasting nearly two years.

Anwar, 64, who has been charged with sodomising Mohd Saiful Bukhari Azlan, his 27-year-old former personal aide, faces up to 20 years in jail and whipping, if convicted.

In 2000, he was charged with sodomising driver Azizan Abu Bakar, convicted by the High Court and jailed.

His conviction was overturned in 2004 by the Federal Court in a 2:1 majority ruling and he was released.

He was charged on Aug 8, 2008 with sodomising Mohd Saiful at the Desa Damansara Condominium in Bukit Damansara in Kuala Lumpur on June 26, 2008.

He has adamantly maintained his innocence throughout the trial which saw 27 prosecution and seven defence witnesses (including Anwar himself, who gave a statement from the dock) called.

Solicitor-General II Datuk Mohd Yusof Zainal Abiden led the prosecution while veteran criminal lawyer Karpal Singh and S.N. Nair represented Anwar.

Highlights of the trial included the testimony of Mohd Saiful who told the court that Anwar asked him: “Can I f--- you today?” Mohd Saiful said he brought KY Jelly lubricant to the apartment where the alleged sodomy took place.

Other highlights included evidence that there were up to five unidentified male DNA profiles found around Mohd Saiful’s anal region.

The identifying of Anwar as ‘Male Y’, whose semen was found in the complainant’s anus, was another dramatic turn in the trial.

His DNA, taken from a towel, a toothbrush and a water bottle, all of which were acquired from his cell at the Kuala Lumpur police headquarters in July 2008, had matched the DNA profile of an unidentified person labelled ‘Male Y’.

Anwar tried several times to have the sitting judge recuse himself – once over an allegation that Mohd Saiful, who was the key prosecution witness, had an affair with a prosecutor involved in the case.

All his applications to disqualify Justice Mohd Zabidin Mohd Diah failed.

Should Anwar be convicted, he would have two chances – at the Court of Appeal and Federal Court – to overturn the ruling.

If acquitted, he walks out of the High Court a free man.


So near, yet so far

Insight By Joceline Tan

Datuk Seri Anwar Ibrahim’s track record since his 2008 political comeback has been marked by missed opportunities. He is once again at a critical crossroads while his Pakatan Rakyat coalition struggles to find an alternative candidate for prime minister. 

DATUK Seri Anwar Ibrahim looked a little tense during a packed press conference on Tuesday. He had a big week stretched ahead before his D-Day in court and he obviously had lots of things on his mind.

He kept his answers short and simple but managed to raise some eyebrows among reporters when he said that, “if I am jailed, involved in an accident or shot, we are prepared ....”.

What was he trying to say, some had asked. Who on earth would want to see him in an accident at this point in time? Surely not his supporters and the last thing his adversaries would want was to see him turned into a martyr.

Momentum to D-Day: Anwar, seen here with his daughter Nurul Izzah, has been on a nationwide roadshow to whip up sentiment over the court decision on his sodomy trial.>>

The press conference ended quickly and he flashed a dazzling smile as he left the room. He was in a hurry to go home to change and leave for a ceramah in Muar, Johor, later that evening. The Muar event was the first of a string of ceramah to whip up sentiment over tomorrow’s court judgment and Anwar has since blazed through eight states in six days.

The ceramah have attracted sizeable crowds but the sodomy trial has been a long and winding process, stretched over three years and fraught with so many delays that ordinary folk have been lost in the legal maze.

But the temperature has gone up again with the impending court decision and Pakatan Rakyat’s threat of bringing 100,000 protesters into Kuala Lumpur.

PKR, especially, is hoping to repeat the street protests that followed Anwar’s sacking in 1998, to create a wave of sympathy for Anwar and a momentum against the Government.

The Pakatan coalition has been talking about an Arab Spring in Malaysia and tomorrow’s demonstration is seen as another step in that direction.

Saiful: The victim in the sodomy trial eclipsed by the politics around Anwar. 
SMS orders have been flying from the PKR headquarters to its local leaders to produce the numbers tomorrow. Every PKR division has been ordered to gather 500 members and they have been told to wear black or white, the colours of mourning.

The Internet has been afire with conversation about the event, with the pro-Barisan Nasional side condemning the event as an attempt to subvert the judiciary and the pro-Pakatan side condemning those condemning the event.

More than 300 police reports have been lodged against the planned demonstration and the last one week has seen pages in Utusan Malaysia filled with news critical of Anwar and the demonstration.

“The verdict is still out there even though the general impression is that he can’t run. Monday will be a closure to the judicial process of a high-profile trial. With a general election ahead, it will also provide everyone an opportunity for political posturing,” said DAP’s Jelutong MP Jeff Ooi.

The official stand of Pakatan leaders is that the trial is a conspiracy to stop Anwar from becoming prime minister and they will stand by him.

Privately, they have been quite exasperated at the see-sawing political path of Anwar.

He has not shown the leadership they expected. They feel let down, many of them have watched the sex video and come to their own conclusions.

MPs from DAP have been given notice to attend and show moral support but, said Ooi, there is no signal to members to turn up in full force.

Monday will be a closure to the judicial process of a high-profile trial. - JEFF OOI >>

DAP knows that the Tahrir Square type of agitation is not the Chinese cup of tea and their response to the call to protest has been muted. They believe that if a government is to be overthrown, it should be via the ballot box rather than by Tahrir Square tactics and Malaysia is definitely not Egypt or Syria.

Besides, DAP is now the government in several states and it cannot be seen to actively encourage protests against court judgments. They would not want the same disruption repeated in their own backyard.

A leading PAS figure said their leaders would be present in court tomorrow, but PAS is not mobilising their members to make up the numbers.

“If you’re thinking of the Bersih type of crowd, that’s not going to be the case,” said the PAS leader.

Some had expected Datuk Nik Aziz Nik Mat to come out with a ringing endorsement for Anwar but the Kelantan Mentri Besar was in the news for another reason this week.

He was photographed presenting the keys to the house the state government had given to Kelantan football star Khairul Fahmi Che Mat, also known as Apek. Apek is a fantasy of many Malay girls and Nik Aziz advised him to “cepat kahwin” so as to avoid committing sin.

However, former Umno minister Tan Sri Kadir Sheikh Fadzir caused a stir when he gave an interview praising Anwar as a “great Malaysian leader”.

Ummi Hafilda Ali, the woman who had sparked off the first sodomy trial, called her own interview to renew her attacks on what she labelled the “3 As” – Anwar, his wife Datuk Seri Dr Wan Azizah Wan Ismail and PKR deputy president Azmin Ali who is Ummi’s brother.

Perhaps the most telling part is how Anwar is quite alone this time around as he went on his roadshow.

It was quite a different scenario from 1998 when Abim activists and religious figures from PAS lent their weight to his cause.

The PAS response to tomorrow’s decision has been rather complex.

Top PAS leaders, especially among the ulama group, have never been totally comfortable with the idea of Anwar as prime minister.

They hate the religious pluralism associated with Anwar; it is anathema to their idea of Islam as the one true religion.

Besides, they have everything to gain from a scenario without Anwar.

As the party’s Selangor leader Datuk Dr Hasan Ali put it, Datuk Seri Hadi Awang or Nik Aziz would be PAS’ choice for premiership.

It has been amid such complexity that blogger-in-exile Raja Petra Kamarudin or RPK gave a shattering interview about Anwar in several newspapers.

People are still digesting what he has said about Anwar being a liability to his coalition, the allusions to his sexuality and what appears to be RPK’s opposition to a Tahrir Square phenomenon in Malaysia.

The blogger has gone overnight from hero to zero among the very people who used to hang onto his every word.

This is basically the ABU segment – the cohort that is going to vote for Anything But Umno; they had loved him when he was telling them what they wanted to hear.

But what he is saying now is not what they want to hear, never mind if it is the reality, and they have thrashed him black and blue and accused him of selling out.

Said a pro-Pakatan academic: “My sense is that RPK is speaking his mind. I don’t believe he has been bought. He has seen the opportunities come and go for Anwar and (Anwar) has not withstood the test. I sense he is disappointed with Anwar and his leadership of PKR. I know many people who are pro-Pakatan and who do not disagree with what (RPK) said except they cannot come out and say it.”

While the Umno side recognises the political gains from RPK’s interview, they are not exactly comfortable with him.

RPK’s power of the pen is quite different from any other. He is a maverick and Umno is not sure where or who he will strike next.

Insiders say RPK is still with Pakatan although he burnt his bridges with Anwar more than a year ago.

He has attacked mainly Anwar. He has spared PAS and DAP and he has advocated Anwar’s daughter Nurul Izzah as the post-Anwar alternative.

All sorts of nasty stuff has been said about RPK sitting out the freezing winter of Manchester in Phuket.

He is not rolling in dough as some imagine; he is there on the goodwill of friends, staying in a US$40 (RM126) per day hotel.

RPK wants to come home, a move he thought would be possible only if Pakatan wins power.

He was banking on Anwar leading Pakatan to take over Putrajaya but he does not see that happening.

Anwar is damaged goods, he has squandered what could have been and RPK is simply saying it out loud.

Anwar’s post-2008 track record has been marked by missed opportunities and a lack of discipline in his personal life.

Even feng shui expert Joey Yap added his two-sen worth about Anwar’s future.

According to Yap, Anwar, who is a metal element, will apparently have to struggle in the Year of the Water Dragon.

Tomorrow’s protest will probably be the most videographed ever. Apart from the media coverage, the police intend to video everything to defend their actions.

The most curious part of the maelstrom is how the person who started the whole thing seems to have been forgotten.

Saiful Bukhari Azlan, the alleged victim in the case, has been eclipsed by all the political activity. The once effeminate-looking Saiful has grown into a rather handsome man.

He is pursuing a distant learning degree from Universiti Utara Malaysia and recently made the Dean’s list.
His life has changed irrevocably since the day he accused Anwar of sodomising him.

Regardless of whether the court agrees or disagrees with him, Saiful will never be able to live a normal life as we understand it.

The Prime Minister’s office has been a case of so near, yet so far where Anwar is concerned but, as the Malays say, if it is meant to be, it will be.

If it is not meant to be, then Pakatan will just have to move on to another prime minister candidate.

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901 Malaysian Anwar’s life D-day? Rally allowed – only at car park!

Friday, 6 January 2012

New US defense policy challenges trust; China in US gunsights!

 
 

WASHINGTON / BEIJING - US President Barack Obama's revamped national defense strategy may challenge mutual trust with China, experts said.

While promising to make the US armed forces smaller and leaner, Obama pledged to shift the country's military focus to the Asia-Pacific region.



The nation's military review says that US economic and security interests are "inextricably" connected with the area and the US military accordingly will "of necessity rebalance toward the Asia-Pacific region", including strengthening Asian allies and investing in the strategic partnership with India.

Though Washington recognizes that the United States and China share common interests and stakes in the region, it fears China's rise will affect its economy and security in many ways and it worries about the strategic intention of China's military buildup, according to the review.

The assertive moves by the US may cause potential military tensions between China and the US, said Yuan Peng, an expert of American studies at the China Institutes of Contemporary International Relations.

"China has repeatedly explained its defensive policy, but the US keeps pressuring China. This may irritate China and lead to negative reactions if the US continues to do so," Yuan said.


 

"However, we need to be clear that the draft of the plan, as a whole, is not China-centered, though it is somehow offending that the document puts China in a similar position with Iran," Yuan said.

In the 10 primary missions of the US armed forces listed in the draft of the plan, published on the US Department of Defense website, China was mentioned with Iran - a country labeled as a member of "the axis of evil" by former US president George W. Bush.

"Why does the US want to shift its focus to Asia-Pacific as the region has been the most peaceful area compared with other areas which saw conflicts and wars in the last three decades?" asked Xu Hui, professor with Beijing-based National Defense University.

The US military faces $450 billion in budget cuts through 2021, including about $261 billion through 2017, part of the administration's effort to put the US fiscal house in order.

But "budget reductions will not come at the expense of this critical region", Obama said at the news conference.

After the
war in Iraq came to an end last month and as the US is winding down its presence in Afghanistan, Obama said the nation can now meet the new challenges, especially from the Asia-Pacific region.

"Our military will be leaner, but the world must know: The United States is going to maintain our military superiority with armed forces that are agile, flexible and ready for the full range of contingencies and threats," Obama said.

In the document, the US listed China as one of the countries that will continue to pursue asymmetric means to counter America's power projection capabilities.

Although the Chinese government did not comment on the US review on Friday, the country had said earlier that it welcomes the US playing a positive role in the region, but it opposes Washington's involvement in disputes in the South China Sea.

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China in US gunsights


A colour guard of US. and Chinese flags awaits the plane of China's President Hu Jintao at Andrews Air Force Base, Maryland (file photo) By Damian Grammaticas Beijing correspondent, BBC
 
The US review has prompted some to ask whether a clash between the US and China is inevitable >>
 
Is China's rise going to lead to conflict with America? Is Beijing destined to go to war with today's undisputed global superpower?

The question is not posed directly in the new US defence strategic review. But, unspoken, it is there, running through the document that seeks to shape America's new military thinking for the 21st Century.

Read the review and it is clear that the challenge posed by a rising China is at the very heart of America's new defence strategy.

The document is careful to say China is not destined to be an adversary. But it makes clear America is, nevertheless, about to retool its military to deter China, and, if necessary, to confront it.

Released by President Barack Obama at the Pentagon, the aim of the new strategy is there in black and white: to reshape the US military in a way that "preserves American global leadership, maintains our military superiority".

The Pentagon and the White House are certainly not ready to accept the notion that America is inevitably facing long-term decline while China is on an equally inevitable rise. America wants to remain number one, and this new defence policy is designed to achieve that.

Lack of trust

In the very first sentence of his preamble, President Obama says "our nation is at a moment of transition," and the review states: "We face an inflection point." It identifies two basic forces shaping the transition, one inside America, one outside.

At home growing budget pressures mean there have to be cuts in military spending. At the same time there is the awareness that, abroad, China's growing economic strength is changing the dynamic of power in Asia.

US President Barack Obama US President Barack Obama insists his country welcomes the "peaceful" rise of China >>
 
The new defence posture, says the US, encourages "the peaceful rise of new powers". That is code for welcoming China's ascent, and has been said many times before.

As to what China's rise means, the new strategy is open-minded. "Over the long term," it says, noncommittally, "China's emergence as a regional power will have the potential to affect the US economy and our security in a variety of ways."

Note the way that China is described as an emerging "regional power". The Pentagon is not ready to accord China the status of a global power or superpower, or even an emerging superpower, a reflection of the fact that China's military reach is still far from global.

However China's economic influence does now span the world. America and China are bound by mutual self-interest. But the review is clear there is a real lack of trust.

"Our two countries have a strong stake in peace and stability in East Asia and an interest in building a co-operative bilateral relationship. However, the growth of China's military power must be accompanied by a greater clarity of its strategic intentions in order to avoid causing friction in the region."

Arms race

So the US is still hedging its bets. Already last year, the Obama administration unveiled its "pivot", turning America's gaze towards the Pacific. That shift is clear in this new doctrine. "We will of necessity rebalance toward the Asia-Pacific region", it says several times.

Now America is stating that it will work on several fronts to counter China's emerging power.

There is a clear concern about China's efforts to develop weapons that would make it hard for US forces to operate in parts of East Asia. China is investing in "anti-access" and "area denial" weapons like so-called "carrier killer" missiles that could sink US aircraft carriers at sea. It has also invested heavily in submarines and is building stealth fighter jets.

Soldiers of China's People's Liberation Army undergoing a tug-of-war at a military base in Hefei in December 2011 The US and China may send up in a tug-of-war over the Pacific region - and perhaps globally >>
 
All of those could push US aircraft carrier fleets further from China's shores, limiting their ability to influence vital trade routes in the South China Sea, or to defend Taiwan if it is attacked by China.

The review says "states such as China and Iran will continue to pursue asymmetric means to counter our power projection capabilities." But it promises "the United States must maintain its ability to project power in areas in which our access and freedom to operate are challenged".

"The maintenance of peace, stability, the free flow of commerce, and of US influence in this dynamic region will depend in part on an underlying balance of military capability and presence," it says.

So the US wants to keep its military superiority over China intact. What that leads to is an escalating arms race as America moves to counter China's own advances.

In a way the Pentagon may be copying China's own strategy, investing in similar types of weapons. There will be a focus on developing increasing air and naval power, and on advanced weapons such as even more sophisticated stealth jets, missiles and drones, along with cyberwarfare and space capabilities too.

Making friends

Strengthening a network of alliances around China is the other pillar of the strategy. "We will emphasise our existing alliances, which provide a vital foundation for Asia-Pacific security. We will also expand our networks of co-operation with emerging partners throughout the Asia-Pacific region."

“Start Quote
China must make the US realise that its rise can't be stopped”
Global Times State-run Chinese newspaper
 
Already the US has close defence relationships with South Korea, Japan, Taiwan, the Philippines and Australia. It is working to build ties with Vietnam, Indonesia and is "investing in a long-term strategic partnership with India".

What all this amounts to is a very robust message of deterrence to China. The US will contest any challenge to its dominance. It will cement core alliances with China's neighbours and protect its interest in East Asia.

To return to the question we began with. Will there be conflict between the US and China one day?

The answer may well depend on how China responds to this new policy. Will it seek to assert its own power in East Asia? Will that cause growing friction?

One early response to the new US policy has come from the state-controlled Global Times newspaper, often nationalist in its opinions.

It says "China needs to enhance its long-distance military attack ability and develop more ways to threaten US territory in order to gradually push outward the front line of its 'game' with America".

"China," the paper says, "must make the US realise that its rise can't be stopped and that it is best for the US to show friendliness towards China."

By  Li Lianxing, Ma Liyao and Tan Yingzi  (China Daily)

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China warns US on Asia military strategy