Anwar Ibrahim sodomy trials

The Anwar Ibrahim sodomy trials are a source of considerable political controversy 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. Anwar is currently on trial for similar accusations brought forward by his aide, Mohd Saiful Bukhari Azlan.

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.

Anwar's sacking from office

Anwar was fired from the Cabinet in September, 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. However, Dr. Munawar's appeal was rejected by the High Court on October 29, 2008 upholding his guilty sentence. 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 September 29, 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. Rahim apologized for the incident in August 2005. Rahim Noor was eventually charged for the assault and was given a two-month prison sentence and fined 2,000 ringgit.

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. The defense 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.

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. 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 sodomized 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. 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.

Sentencing

On April 14, 1999, Anwar was sentenced to six years in prison for corruption and, on August 8, 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.

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. 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."

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 June 29, 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.

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

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.

On June 30, 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.

On July 9, 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.

Malaysian police issued an arrest warrant on July 15 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 p.m. local time. 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." On July 16, 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 July 16. He cut short an interview at the headquarters of the Malaysian Anti-Corruption Agency to meet the police deadline, whereupon he was arrested. 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.

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

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. Parti Gerakan Rakyat Malaysia, on July 20 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. In February 2010, Anwar appointed three DNA and forensic experts from overseas to help his defence.

On August 15, 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 6.15pm and 6.20pm.

On August 7, 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 November 10.

Second trial

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

On 9 January 2012, almost two years after the trial starts, a judge finds Anwar not guilty of sodomy, after finding the DNA evidence submitted by the prosecution was unreliable.

Inconsistencies and contradictions found during witnesses' testimonies

• It was discovered during testimonies by government doctors, that Saiful went for a medical checkup two days after the alleged incident.
• Government doctors had claimed that semen was discovered in Saiful's anus, after Saiful had claimed that he did not excrete or go to the toilet for two days. The doctors also made claims that semen could remain in a person's rectum for 72 hours.
• Government doctors had also made claims that semen was found in Saiful's mouth after doing an oral examination. Saiful previously had claimed not to have eaten or drank any water during the two days. The doctors also admitted that there were no tests done to confirm it was semen.
• Three different DNA samples were discovered in semen found in Saiful's anal region and clothes according to a government chemist.
• It was revealed in the medical form stated that there was attempted sodomy, while the doctors claimed that Saiful never used the word attempted.

International reaction

The sodomy charges against Anwar have sparked numerous criticisms and expressions of concern from overseas. Political leaders from the United States, Australia, and other governments have commented on the case, damaging Malaysia reputation as a progressive, Islamic democracy. Amnesty International and other human rights groups have 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. Prime Minister Najib stated that the Australian lawmakers were likely not familiar with the details of the case.

Local reaction

Local reaction to the trial is split between supporters of different governmental factions. Opposition supporters believe there is 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 have strongly disagreed, indicating that Anwar's arrest is supported by the evidence. A shared concern, such as that expressed by veteran UMNO leader Tengku Razaleigh Hamzah, that the trial will "shame the country the world over" Malaysia's Foreign Ministry on February 8, 2010 cautioned foreign governments against involving themselves in the trial by commenting on or criticising the Malaysian legal system.