Wednesday, February 11, 2015

Sodomy ll verdict proves that In Malaysia, all men are equal before the law


Not everyone thought it was a bad idea for the Prime Minister's Office to issue a statement on the verdict of the Sodomy ll trial. Personally, however, I thought it was one of the worst calls you could make if the intentiont was to disassociate the PM and his office from the whole case. In fact, some of us actually thought that the statement had been "doctored" by interested parties to make it look like it had been issued by the Government. But (like justice for Saiful) it was not only done, it was seen to be done ... 
Shafee Abdullah the deputy prosecutor in the case, in contrast, issued a compelling statement on behalf of not just his client, the victim of the crime, but in defence of the oft-maligned Malaysian judiciary. 
p.s. Shafee had drafted two separate press statements for yesterday - and printed 150 copies of each: oe for guilty verdict and the other in case of a non-guilty verdict. For my Dear Readers, here's the full text of the press statement that was actually issued: 

By Shafee Abdullah


This judgment brings to an end seven years of court time during which nine judges, and scores of lawyers, Anwar alone had (14 lawyers in the Federal Court, but in all about 20 lawyers cumulatively at all levels) occupying many thousands of hours, have exhaustively looked at every detail of the evidence in this case from beginning to end. The total 9 judges do not include the judges who presided in interlocutory appeals.

I know that justice has finally been done, so I am professionally satisfied with the result today. But it gives me no pleasure – a young man's life has been wrecked, changed forever. Worse still, without anonymity, the victim was put through seven days of courtroom cross-examination and all that Datuk Seri Anwar Ibrahim’s team could throw at him. So even the process of justice added to his suffering.

Yet Anwar Ibrahim himself chose to give no more than a statement from the dock. Unlike his victim, he refused cross-examination. This was his right under the law, but a right he used to attack the prosecution, the judges, and his former colleagues in government. He has undermined the reputation of his own country.

I was appointed at the Court of Appeal until the final stages of this appeal at the Federal Court, the highest court in the land. It has been a very difficult task, because what would in ordinary circumstances be a straightforward case of sexual assault by an employer against an employee has been used as a battering ram against the reputation of the judiciary. So I ask all fair-minded people in Malaysia and overseas to consider carefully before forming an opinion, and to review the actual evidence in the case.
Most importantly, please read today’s judgment and the previous judgments word for word. They provide the facts – however ugly – of the case.

For example, turning to the DNA evidence, Malaysia has two key features in its treatment of DNA. Firstly, we require 16 out of 16 matching points. No country demands higher – most, such as UK and the USA, allow much less. All the DNA that supported this case matched 16 out of 16 – in gambler’s jargon, a ‘full flush’. And all the DNA was from semen, which is much more reliable then say DNA from sweat. You cannot steal, fake or contaminate it.

Second, in Malaysia there is no law that compels someone to give a DNA sample. When Anwar Ibrahim challenged the prosecution samples in court, he had the opportunity to offer his own samples, as fresh evidence. If innocent, he could have done so and closed the case overnight. He chose not to do so.

Regarding Anwar Ibrahim’s alibi, he initially offered an extensive one. But he abandoned it completely when it was demonstrated to be false by CCTV footage shown to the court. All this was established long ago.

Anwar Ibrahim also refused to swear on the Quran about the incident. The victim swore on the Quran about the details of the case, both in Malaysia and Mecca at Islam’s holiest mosque.

The case in front of this, the highest court in Malaysia, was a technical one: in all of the exhaustive legal process, and in all the layers of evidence, was there any possibility that due process had not been followed? Was there any technicality? Today, the answer of the judges was no. Today, they ruled on the decisions already taken, the evidence long ago tested and presented.

The great smear is the much-repeated allegation by Anwar Ibrahim that this case was politically motivated. As the judgment today details, this is simply false.

The independence of Malaysia’s judiciary is enshrined in the constitution. And this case was brought by a private individual, Anwar Ibrahim’s employee, who lodged a police complaint in which he accused Anwar Ibrahim of using undue pressure, as his employer, to coerce him into sex.

Nobody could have scripted the twists and turns of the extraordinary and comprehensive legal processes, including the many decisions that have gone in Anwar Ibrahim’s favour. To allege as much is offensive to the judges, and it is unsustainable to anyone who reads today what they decided, and why.

The only politically motivated actions here are those of Anwar Ibrahim and his supporters who have been demanding that the case be dropped.

Consider how this matter first arose. As Hansard (dated 22 October 1997, 18 December 1997) recalls, the very first time an MP stood up in parliament holding a statutory declaration that accused Anwar Ibrahim of sexual – homosexual – assault, Anwar Ibrahim was Deputy Prime Minister and his accuser was not a member of the government, but in fact an opposition MP from the DAP. And who was his original accuser? The late Karpal Singh MP, a brilliant lawyer. Any account of the criminal and then political downfall of Anwar Ibrahim should recall who threw the first stone.

But for the victim and indeed Malaysia, this has been a dreadful and long drawn out saga. At this time of closure, I ask the honourable members of the media present to impartially look at the facts of the case, to analyse the meticulous judgments, and to carry these, as best they may, to the people.

I am afraid some media appear to regard the Malaysian courts as acting fairly whenever they find in Anwar Ibrahim’s favour, and as compromised whenever they do not.

We all have a duty to the victim, a young man who was Anwar Ibrahim’s personal assistant, and who through no fault of his own has found himself in the national and international spotlight. As with all victims of serious crimes, he had the right to see his complaint properly investigated by the police and the judiciary.

So, rather than being a story about politics, this is actually a human story – and from the judiciary’s perspective, it is the role of our country’s justice system to enable both sides of the story to be heard in court.

Above all, this is a story about all men, regardless of their power, being equal before the law.


* Tan Sri Muhammad Shafee Abdullah is the deputy public prosecutor in Saiful Bukhari Azlan vs Anwar Ibrahim's trial known the world over as the Sodomy ll

19 comments:

Anonymous said...

This is a MASTERPIECE statement from DSMSA . A clear , concise and very fair statement directing at all parties .

Our heartfelt sympathy to Mohd Saiful and his family for all the hardship they had to endure . We pray for the Almighty to give them the strength and courage to carry on with normal life .

As for Anwar bin Ibrahim . Have a good rest in Sg Buloh . Yes no doubt it will be torture for not having someone to fuck . But that is the price you have to pay for destroying someone else life .
Our sympathy too to DSWA... for she is a victim too .

God is Great .
PN

Anonymous said...

The Late Karpal Singh is finally proven right.

Bongekman said...

Bro,
Remember the maxim " justice delayed, justice denied". Despite the conviction, the delays and the abuse of the court's process has denied Saiful his right as a citlizen seeking his constitutional right.

Anonymous said...

Dato pls be the comm director for PM. They are dumb and slow witted la..no wonder PM is in deep shit now.

Shalelalela

charleskiwi said...

I have still simple question and would appreciate someone to give me an answer to it.
Why would AI fly an unemployable good for nothing 'coffee boy' abroad just to make his daily cup or cups of coffee ? Don't the 5 star hotels make better coffee than this 'coffee boy' ?

As for AI he should be thankful that he managed to keep the prison away for seven years. Plus I always remember his clarion calls when he was the deputy PM for the Chinese, in particular, to balik China. Just for that I will never ever be convinced that he is or ever will fight for the Chinese in Malaysia.

Before you start accusing or calling me please be advised that I am no supporter of the schmucks in Umno , on the contrary I am certain that these Umno schmucks must have something to do with the entire show. Most of all these scums must be replaced before this country has a chance to move forward !

Anonymous said...

sekarang Nyonya Kipas sebagai Sang Isteri harus terima hakikat yg Sang Suami, Hero Tamil Sivaji D Boss trah ketah2, Ass Shake Sahibul Samahak, Punaisihat Negeri Selangor, Bakal Mufti Besar Negara Turki, Bapak Gay SeMalaysia, Bapak Liwat, CEO Air Mani - "Now Everymani can Fly", Nuar Jubori sudah sah, terang lagi bersuloh, walaupun berkat otak berjambul beliau, dgn alasan 1001 malam dan berdalih dalih melewat lewatkan sampe 7tahun. Dgn ini sah bahawa Suami Nyonya Kipas, pleakun murahan, Queen of airmata buaya biawak, adalah seorang yg ketagih jubor, yg gian pada lobang najis, lobang taik, lobang jubor, peliwat jijik lagi terkutok. Sang Hero Tamil yg dikatakan suka mencuri keluar malam dgn memakai rambut sampel untuk menghilang dahaga yg teramat iaitu dgn berkecimpung dalam aktiviti jijik lagi terkutok iaiatu meliwat. Ramai yg tahu si nyonya Kipas pelakun murahan tahu menahu akan tabiat jijik lagi terkutok Sang Hero Tamil, tetapi biasalah buat2 bodoh atau bodoh buat2.
Norul Papaku Gay pun harus terima kerana hakim yg tertinggi telah mengesahkan yg Papa dia hebat dalam aktitivi jijik lagi terkutok iaitu menenroboskan kote bengkok dia kedalam lobang najis, lobang taik dan lobang jubor adik2 terangkat, boypren2, setiausaha2 peribody, tukang2 jahi, tukang2 drebar, isteri2 orang dan pelacur dalam dan luar negeri. Norul harus terima hakikat dan anak2 Norul harus terima hakikat bahawa Papa Norul yg hebat itu adalah peliwat jijik lagi terkutok. Janganlah salahkan rakyat atau hakim, salahkan Papa Hebat Norul yg tidak tahu menjaga kote bengkok dan ketagihan aktiviti jijik lagi terkutok Papa Norul. Salahakan Papa Hebat Norul yg rakyat semua sudah jelas, terang lagi bersuloh bole memahami bahawa Papa Norul yg bersalah dan harus terima hukoman yg adil lagi saksama dan meringkok sampe mampos dalam Bamboo River Resort.

Anonymous said...

I hope gov keep the enthusiasm and sponsored all the victims in sexual assault cases by hiring the top lawyers of the country.

Anonymous said...

I think very few Malaysians are non-partisan and have their thinking caps on when perusing an issue such as this. as such most comments are colored by political leanings, personal prejudices and an absence of rational, objective critical analysis.

I say this because none of the comments so far including that from the Bar Council reflect maturity not to mention wisdom. For those following the case, we knew that Anwar had proposed an alibi defence which he inexplicably dropped later:

1.http://www.themalaysianinsider.com/malaysia/article/anwar-moves-to-prove-alibi

as to why he dropped it is self explanatory:

2.http://www.thestar.com.my/News/Nation/2014/03/06/Shafee-Evidence-against-Anwar-overwhelming/

and the fact that certain intelligence agencies felt there was more than a germ of truth in Saiful's allegations does not help Anwar's case in the least:

http://www.malaysiakini.com/news/150594


So apart from the direct (DNA evidence, victim statement etc) adduced, even circumstantial evidence seems to point to the plausibility of the whole episode as the links above illustrate

Secondly, a lot of people forget that the credibility of the accused also plays an important part in determining the final outcome. And was Anwar a credible one? Boy, I guess he framed his own self by his actions in the public sphere especially in the Khalid Ibrahim saga, spining lie after lie and contradictions after contradictions in of all places, in his own online fawning press (TMI MKini etc) and in of all times, Ramadan.

And who is to stop a judge or any rational observer from deducing that here is one shady, 'chameleonic' technicolor coated character whose words should not be taken at face value at all. You cannot run away from the logical conclusion that a man capable of equivocating outside a courthouse is equally capable of doing the same in the dock (and that plausibly explains too his decision not to be cross examined or that DNA evasion!!!).

The judges are not morons. They wouldnt be wigged on a Bench if they were. Neither are they living in a vacuum nor regarding Anwar as a multiple schizoid personality who can twist his tongue at the bat of an eyelid just like his changing his skin tone to blend with the background in a jiffy .

To them, he is simply the selfsame individual with a propensity to lie period.

Sept 16, boxes of evidence, Khalid saga etc etc - a pattern emerges and is soon discernible to all and sundry bar the tongue twisting fiend and his coterie of blinkered followers. In short, Mr chameleon arrogantly didnt realise that he was his very own undoing his own worst enemy, enough said.

P/s: one last thing, Anwar;s lustre is long gone in the eyes of the majority and that by itself an indictment of a two-speed Malaysia.

The migrant irrational one that is eternally sold into his delusion no matter what, as indicated by their own delusional comments here:

http://www.themalaysianinsider.com/malaysia/article/give-my-mum-space-we-will-continue-the-struggle-says-nurul-izzah

And another Malaysia, the rational indigenous one, that has long been disillusioned and been long grown accustomed to the truth hence the tepid lukewarm responses:

http://www.themalaysianinsider.com/bahasa/article/hadi-prihatin-kata-nurul-izzah-selepas-ucapan-takziah

Warrior 231

Anonymous said...

actually it does not.

this whole fiasco just showed us tht if u have more money and status, u get to be serve with diff set of law,

different than us commoner.

this is wht happening here btw a commoner and a vvip.

to sum it up, my family was sodomized by a elitis, its better for me to stay quiet than rest risking 7 years of trial and postponement upon postponement and losing my money with the lawyer fee.

if we win the elitis will only get some 5 years sentence and can read shakespere and wht not.

id do better to keep quiet and take justice on my own hands.

i do not feel protected from this justice system we are practicing in Malaysia who are leaning to those with money and power

Anonymous said...

To charleskiwi and other Anwars buggered admirers,

To you guys even if Anwar sodomise your siblings you'll still think he is God given gift to mankind.

Anonymous said...

@ 2:33 pm

"I hope gov keep the enthusiasm and sponsored all the victims in sexual assault cases by hiring the top lawyers of the country."

Not only that, each of these victims in sexual assault cases can personally meet the PM and senior cops too.

In fairness, why not?

I think Saiful got very good treatment as he sat on his 3-different-males-spermed ass (check the case notes) and spoke to these VVIPs.

Anonymous said...

Did Anwar's team of 5 lawyers make a press statement?

Want to know their thoughts on the trial, why they lost.

Anon 8:55 PM said...

Dato

Your blogger friend just wrote this .. http://anotherbrickinwall.blogspot.com/2015/02/can-innocent-wiener-end-you-up-as-anwar.html

My comment

This is sexual discrimination against men. Marina Mahathir better stand up and voice this.

A women gets cunniligus and no police report from her male partner can there be case against her.

A man gets seduce and blown to smiterens but can get charged if the woman make a police report.

Unfair!!!! :)

Anonymous said...

Has not this country moved forward?

Anonymous said...

Betul. Setuju. Make sure nurul gets this comment.

Anonymous said...

Pohon Blogmaster membantu seorang usahawan melayu yang teraniaya ini dengan menyiarkan video beliau di dalam blog tuan.

http://suarabina.blogspot.com/2015/02/keluh-kisah-seorang-peniaga-melayu.html

Hanya Allah akan balas budi baik tuan kerana membantu hamba Allah yang dalam kesusahan.

Anonymous said...

Never in the history of our beloved nation have so many common people been conned by the trappings of one evil mastermind and his conniving family.

Anonymous said...

Let's wait for next drama sequel. SLip disc, cynide, oversea treatment, etc

Anonymous said...

Not fair at all. He should have been charged under s377c which is carnal intercourse without consent. Now saiful has to live a life as a faggot who consented to the buggery.