Saturday, February 14, 2015

The beheading of Najib's leverage' against Dr M,Opposition Leader Anwar Ibrahim on Final Judgment written by a Hindu convert to Islam


The Politics of Make Belief

Nurul Izzah says PM Najib offered her dad the post, if he walked away from Pakatan.so he was sent jail call upon Attorney-General Tan Sri Gani Patail to state if it is the new practice of his chambers to attack and criticize accused persons particularly after they have been convicted and are in prison serving sentence.

Does he prosecute, get them convicted, put handcuffs on them, send them to prison and then go on a public rampage against them without giving them any opportunity to defend themselves?
This is a very serious matter as the Attorney-General would to my mind, in those circumstances, be going way beyond what is required of him both in law and ethically as public prosecutor.
The Federal Constitution gives the Attorney-General powers to prosecute. It stops there.
I must as Member of Parliament condemn any conduct on part of the Attorney-General which is oppressive and amounts to an abuse of process and power. No one should ever take any pride in attacking another who cannot defend himself.


A brilliant AG we have here.
‘He does not have discretion to charge an offender under the wrong law.’Section 377C more serious than 377B, says AGAttorney-general (AG) Abdul Gani Patail’s deliberate misinterpretation of Section 377B in order to cover up his dereliction of duty to also charge Mohd Saiful Bukhari Azlan with sodomy must be condemned.Let me quote Section 377B of the Penal Code: “Whoever voluntarily commits carnal intercourse against the order of nature shall be punished...”. Is it not crystal clear that this section is designed to punish specifically those who have committed the act voluntarily?Since Saiful was adamant that he was sodomised without his consent, which essentially means that he was raped, why wasn’t Opposition Leader Anwar Ibrahim charged under Section 377C which was meant for such cases?Government Pre-Trial Maneuvers Show Political Motivations This trial is a bald-faced attempt to permanently remove an opposition leader from Malaysian politics. The government is trying to manipulate the justice system for political purposes. charge appears politically motivated and lacks credibility.The government has failed to disclose key evidence to the defense, hastily sought to pass a DNA statute that aids the prosecution, and put Anwar at a disadvantage by unnecessarily moving the trial to the high court. In addition, the government allowed the attorney general, who is under investigation for misconduct in Anwar’s previous trial, to be involved in the current case.

“This trial is a bald-faced attempt to permanently remove an opposition leader from Malaysian politics,” said Elaine Pearson, deputy Asia director at Human Rights Watch. “The government is trying to manipulate the justice system for political purposes.”
The current charge against Anwar relates to allegations that on June 26, 2008, he had sexual relations with Mohd Saiful Bukhari bin Azlan, a 23-year-old male former volunteer aide to Anwar. Although initially filed as a non-consensual offense, prosecutors later changed the charge to consensual sodomy, though Saiful has never been charged. A conviction would force Anwar to vacate his seat in Parliament and effectively bar him from contesting in the next general election, expected before 2012.
Anwar’s July 15 court application to drop the sodomy charge rests on the basis of two medical reports. Three specialists from the public Kuala Lumpur Hospital endorsed a July 13, 2008 medical report regarding the complainant that found “no conclusive clinical findings suggestive of penetration to the anus and no significant defensive wound on the body of the patient.” A doctor at the private Pusrawi Hospital who examined Saiful on June 28, 2008, two days after the alleged incident, reported the anus as “normal.” The doctor later left Malaysia to escape what he said was persistent pressure to alter his report.
In addition, the defense will reiterate its January 2009 request for at least 10 documents it asserts are necessary for it to properly prepare Anwar’s defense at trial. They include the original closed-circuit television recordings from the alleged crime scene, original specimens from which DNA samples were allegedly obtained, chemist’s notes, witness statements including the complainant’s, and medical reports. To date, the Public Prosecutor’s office has denied it is withholding any documents it is mandated to share under the Malaysian Criminal Procedure Code.
“Providing the defendant with evidence crucial for preparing his defense is a basic requirement of a fair trial,” said Pearson. “The prosecution’s withholding of key evidence is a red flag of political shenanigans.”
Concerns about a fair trial were heightened on July 1 after the court dismissed Anwar’s appeal challenging Attorney General Tan Sri Abdul Gani Patail’s decision to move the trial to the High Court from the Sessions Court where it originated. Transfer to a high court reduces opportunities for a defense appeal to higher courts should Anwar be found guilty. Prime Minister Abdullah Badawi then stated publicly in July 2008 that Abdul Gani, who is also public prosecutor, would have no part in Anwar’s trial as he is under investigation by the Anti-Corruption Commission for allegedly falsifying evidence to protect those involved in an assault on Anwar in 1998 while he was in police custody during the earlier sodomy trial.
Sessions Court Judge Komathy Suppiah ruled in March that, “it is evident that any involvement by the AG [Gani] in this case would seriously undermine public confidence in the administration of criminal justice.” The High Court overruled Judge Komathy’s decision, stating that Gani was only acting administratively in approving the transfer and thus was not involved in the new trial.
DNA issues are also contentious in the case. On June 23, 2009, the lower house of Parliament quickly passed the Deoxyribonucleic Acid (DNA) Identification Act, which will go into effect after Senate and Royal assent. It would allow police to take DNA samples from criminal suspects and to use those samples to build a DNA databank. Anwar has repeatedly refused to submit DNA samples in this case on the grounds that current law does not require it and because of his reasonable concern for evidence tampering as happened in his 1998 trial.
The proposed DNA law includes a provision stating that “any existing DNA profile and any information in relation thereto kept and maintained by the Chemistry Department of Malaysia or Royal Malaysia Police, immediately before coming into operation of this Act shall … form part of the DNA Databank established under this Act.” Circumventing Anwar’s refusal to provide a new DNA sample, this would permit the manipulated samples from his previous trial to be used as evidence and manipulated again during the upcoming trial.
Other language in the bill raises fair-trial concerns. Article 24 reads: “Any information from the DNA Database shall be admissible as a conclusive proof of the DNA identification in any proceedings in any court.” Such decisive stipulations ignore well-known information thatDNA databanks are not foolproof, and are often prone to tampering and mistakes in evidence collection and handling. As a safeguard, many courts around the world have determined that information gleaned from DNA cannot be conclusive and must always be corroborated. Those responsible for the collection of evidence must be professional, competent, and beyond the reach of any improper interference.
Serious concerns about fairness and impartial administration of justice, combined with heavy-handed police tactics at the time of Anwar’s arrest and intimidation of witnesses, are reminiscent of Anwar’s earlier, deeply marred sodomy trial, Human Rights Watch said. Given these concerns, Human Rights Watch renewed its call for the charge against Anwar to be dropped immediately.
“The Malaysian government should stop using the courts to pursue political vendettas,” said Pearson. “Unless it drops these dubious charges against Anwar, it risks giving its reputation another black eye.”
Sodomy (“committing carnal intercourse against the order of nature”), even when consensual, is punishable in Malaysia under Section 377B of the Penal Code by up to 20 years in prison and whipping. Human Rights Watch urges the Malaysian authorities to uphold international human rights standards by decriminalizing consensual homosexual conduct and replacing Section 377A with a gender-neutral rape law.
 
Gani claims that he has discretion to charge Anwar under either Section 377B or 377C, but the truth is that he hasn’t.He only has the discretion under Article 145(3) of the federal constitution to either charge or not to charge for an offence, but he certainly does not have the discretion to charge an offender under the wrong law.
Actually, the AG had three options at the outset of the case:
 
a) Charge both Anwar and Saiful under Section 377B.
 
b) Charge Anwar under Section 377C.
 
c) Not to charge Anwar.
 
And at the finality of the case now, the AG is left with only one option, and that is: charge Saiful under Section 377B.
 
He is bound to do so, as Anwar has already been convicted under Section 377B by the Federal Court, meaning that sodomy was committed by the two parties - voluntarily.
There are thousands out there who will carry the fight against the BN Government in GE 14th, not for jailing Anwar but for the right of Malaysians.Anwar being the catalyst for Pakatan Rakyat will once again step up being the catalyst for" Lawan tetap Lawan ". 2008 was a milestone for start, 2013 was a follow up of the milestone, 2017 will be the MILESTONE because the majority has woken up to the most outrages rule of blatant corruption and excesses.So here’s a question for the public relations masters in Putrajaya. You can claim that “Malaysia’s judiciary is independent” until you are blue in the face. But can you name one foreign government, one international human rights organisation, one international newspaper, one foreign think-tank, or one overseas academic who agrees with the decision – and who concurs with your assertion that the verdict was the just conclusion of an independent judiciary?
How much more can any sane moderate person stomach such excesses , that goes against the rule of nature. Government provoking and watching the antics of certain NGO's and Individuals who bully and batter Non- Malays and Non-Muslims,and recently even government Minister's are joining the fray in non-Malay bashing.
People being mindlessly arrested for tweets on expression of freedom of speech. Why do they have fear over people expressing their feelings, why' need to subtle one's voice ? Are you hiding something from us that you fear' or the fear of losing control of the government which will result in loss of jobs for the elite few?
Well to be fair' I'm one of the thousands who form the 52% who voted for Pakatan Rakyat and we want to see CHANGE. A change which will renew our hope in living in Malaysia as a Multiracial Secular country with Islam being the official religion. Yes' we want the Change and it must be in GE 14th. There is a national demand for good governance. Even if you want to distribute lollipops you first have to manufacture them, and ensure that they are of best quality, hopefully nutritious rather than dangerously addictive. The difficult journey towards an Indian revival has just begun; but the ship of state is being steered by treacherous hands.Let’s take a look at the government’s claims. First came the assertion that:“The judges will have reached their verdict only after considering all the evidence in a balanced and objective manner. Malaysia has an independent judiciary, and there have been many rulings against senior government figures.”Less than 20 minutes after the Chief Justice announced the court’s decision, an official government statement was sent to the media, both Malaysian and international. For a government whose usual response is either “elegant silence” or to send out short and callous “tweets” about important and highly charged topics (like the fate of the victims in the Malaysia Airlines crashes), this was indeed remarkable.

What has happened to Anwar for the second time on February 10  has left decent and law-abiding Malaysians in state of shock. They believe Anwar should be given the benefit of the doubt and then set free. We are truly sad that the Apex Court, the last bastion of justice in our judicial system, has let us down badly.
Federal Court Judges
Many Malaysians have commented on the speed withJohn Malottwhich the government responded to the Federal Court’s verdict last Tuesday, in which the jurists found Opposition Leader Anwar Ibrahim, guilty of sodomy and sentenced him to five years in prison.With DSAI safely tucked away in Sg Buloh, let us hope civility will prevail when those in power make statements to the media. There is no need for the Home Minister to show his fairness to all inmates of Sg Buloh by assuring that the peoples’ champion will not receive any special treatment. No one asked him for it anyway except of cos the international gambling kingpin languishing in US custody. Let’s hope too the police will refrain from needling those aggrieved by DS Anwar’s jailing. Do we have to agree with every decisions by a court? After all the men who sit as judges are mere mortals! In all sincerity may we Malaysians request that we be given a little democratic space to make use of our God-given intelligence responsibly. a wider canvas is alluring but deceptive. As was famously said of American democracy,
There are turning points in human history. One of the most poignant in Malaysia’s history is the beheading of Najib's leverage' against Dr M,Opposition Leader Anwar Ibrahim,Malaysians have been haunted by the tantalizing question: what would have been the course of our history. Malaysians today face a double whammy – we have been denied the leadership of a politician who has proven his mettle as a former deputy prime minister and later as Opposition leader. Meanwhile, another guiding light has been extinguished with the passing of Tok Guru Nik Aziz who was much respected by Malaysians of all ethnicity and religion. May Allah SWT shower His blessings on the departed soul. Probably the Almighty has His own plan for the rakyat even without the two towering Malaysians. Like all great historical plays,politicians interpret it. Prime Minister Najiub should not learn the wrong lessons. he should resist the temptation to turn populist. Instead, it is a rejection of Mahathir’s divisive politics.It is entirely within the logic of turbulent democracies that a dream run should be interrupted by a wake-up call. It might be pertinent to note, in this context, that dreams are best shaped into reality with the help of daylight. Among the dangers of darkness is that it obscures the bumps on that twisting road the face of these injustices It’s mind-boggling that one man has struck so much fear into a Government that he has to be incarcerated for its survival. And it’s so unIslamic that a father has to be torn away from his family because some wish to continue their stranglehold on a nation and its people. DS Anwar has been jailed, in the opinion of all reasonable men, to ensure the demise of Pakatan Rakyat and the continued survival of the ruling coalition. But that move by the UMNO Baru dominated government may be the most ill-conceived plan

Pelukan terakhir Anwar
No one quite understands the tsunami unleashed  The thousands that supported the 52% majority votes were Malays  condemned, for no fault of their own, to survive in extreme poverty. Taking the right decision needs, in our system, nerves of steel along with forensic skills. The ruling coalition has been plagued by a series of high-profile corruption cases and widespread criticism for poor handling of race relations, including requiring non-Muslims to abide by strict statutes of Muslim law. The opposition coalition controls five of Malaysia’s 14 states and territories and has established a record of building surplus budgets, attracting foreign investment, improving social services and promoting equal citizenship rights for all ethnic groups. But it has also been hampered by internal conflicts over application of Islamic law.

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