Malaysian prosecutors said on Friday they have filed an appeal against opposition leader Anwar Ibrahim's acquittal over a sodomy charge, a widely expected move that could stir political tensions ahead of possible snap polls this year.
The Attorney General's Chambers said the prosecution has filed an appeal over a January 9 decision by the high court to clear Anwar due to inadequate DNA evidence to convict him of having sex with a former male aide.
"The victim's family has urged for an appeal to be filed against the said decision while the Malaysian Bar Council has given an opposing view," said the Attorney General's Chambers in a statement seen by Reuters. "In this regard, to be fair to the parties concerned, especially the victim and Anwar Ibrahim, the Attorney General's Chambers wishes to emphasise that in making any decision, the department acts solely on the evidence and in accordance with the law, not influenced by any emotion or parties."
The appeal process can take years in Malaysian courts and could give a renewed boost to the former deputy prime minister's political campaign ahead of widely expected elections this year. But the possibility of another trial coming after the snap polls could hamper Anwar's ability to lead and unify the opposition, made up of Islamists, urban ethnic Chinese and other minorities. Anwar's defense lawyer Sankara Nair said the appeal was "most regrettable and atrocious" as the trial judge had stated the evidence had been tampered with in his ruling.
"It appears to be a continuing case of political persecution of Anwar, not prosecution," he said in an emailed statement.
Sex between males is a criminal offence in this Southeast Asian country of 28 million people. If the appeals court overturns the high court verdict, Anwar could face up to 20 years in prison, effectively ending his political carrier.
The case, which has dragged on for more than two years, mirrors one in 1998, in which Anwar was jailed on sodomy and corruption charges after getting sacked as deputy prime minister and finance minister. Anwar spent six years in prison until his sodomy conviction was overturned in 2004. He then led a multi-ethnic opposition alliance to a stunning 2008 electoral showing that deprived the ruling National Front of its traditional two-thirds parliamentary majority.
Within months of that victory, and with his three-party Pakatan Rakyat coalition close to a parliamentary majority, a former aide, Saiful Bukhari Azlan, filed a criminal complaint accusing Anwar of sodomising him.
Anwar has long contended the recent trial was a government plot to prevent him from taking power at the next polls that are not due until 2013 but may be called this year before a potential global downturn stalls Malaysia's economic growth.
"The appeal by the prosecution plays into the opposition story that the government will not stop at anything to get rid of the Anwar politically," said Ibrahim Suffian, director of the independent opinion outfit Merdeka Centre.
"It also clouds Prime Minister Najib Razak's reforms at this crucial time before an election. Like it or not, Malaysians tend to feel that the government is behind this and we may see some of the fence-sitters swing to Anwar and the opposition," he added. Najib's approval ratings have fallen over the year due to a growing religious divide that has alienated minority non-Muslims as well as urban, middle class anger over the slow pace of promised political and economic reforms.
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