Home TA Online 2011 TA Online Anwar will be convicted – come what may!

Anwar will be convicted – come what may!

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What is puzzling is the Anwar trial judge’s refusal to recuse himself from the trial. As long as a bias is perceived by the accused that alone should disqualify him in the interest of justice, writes P Ramakrishnan.

High Court Judge Zabidin Mohamed Diah and Anwar Ibrahim

Nobody is surprised by High Court Judge Zabidin Mohamed Diah’s ruling refusing to recuse himself from hearing Anwar’s case. He was right on the mark, as expected!

The funny thing about Anwar’s court trial is that the judgments are predictable. From Day One it was very apparent that the apparatus of the state would be used stringently to put away Anwar for good. A free Anwar, as perceived by many observers, would sound the death-knell for the BN.

Every step and every action taken during the course of his trial – all point to the inevitable conclusion that Anwar will be convicted, come what may.

He had to be arrested even though he had given his word that he would be reporting to the police station as required. He was waylaid and arrested like a common criminal and detained for the night – even though it was indicated earlier that he would be released that evening – because it is very apparent that his fresh DNA was urgently needed to implicate him. They had to create a situation so that the DNA could be obtained. That was exactly what happened.

They extracted his DNA from the water bottle, towel and tooth brush which he had to use as he was detained overnight. Strict orders were given that these items should not be removed. He was tricked to leave behind his DNA.

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The pertinent question is: why couldn’t they use his earlier DNA obtained in 1998? This clearly exposes the plot. Fresh DNA was required to implicate Anwar. If the 1998 DNA was used, the plot would have been exposed and therefore it could not be planted to implicate him, according to thinking Malaysians.

Apart from the police, many believe that even the court conspired to deny him certain documents that were crucial to his defence. When a man claims that he was a victim of political intrigue in order to convict him, the court should have allowed him access to vital information to defend himself. Contrary to the dictates of justice, the court denied him this information.

It is the duty of the court in any civil society to ensure that the accused is entitled to a fair trial. A fair trial would entail access to information that would help him in his defence. When the court does not assist in this respect, it becomes a sham trial and the court is guilty of contributing to this sham.

According to the medical report in the possession of Malaysiakini, Saiful was never sodomised by anyone, least of all by Anwar Ibrahim. Dr Mohamed Osman Hamid from the Hospital Pusrawi had confirmed this fact after physically examining Saiful on 28 June 2008. Is this the evidence that is being suppressed because it would have helped Anwar to mount a vigorous defence?

Why did the doctor who took the stand refuse to refer to his own notes? After all they are his observations and conclusions and he was there to give evidence based on those notes. But he refused to refer to those notes in spite of Karpal Singh prompting him several times. If he had referred to those notes, then the defence would have had a right to those notes. The doctor was aware of this technicality. He stubbornly refused to refer to his notes because he did not want to hand over his notes to the defence.

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How would it have affected the doctor and his profession if his notes were made available to the defence? What was his interest in cooperating with the prosecution to disallow this information to Anwar? Was he scared that his notes could clear Anwar? Was he fearful that the scrutiny of the notes by Anwar’s experts would punch holes in his testimony?

There are many other instances and examples to confirm the existence of a plot. All these have been highlighted but to no avail.

Notwithstanding all this, what is puzzling is the judge’s refusal to recuse himself from the trial. As long as a bias is perceived by the accused that alone should disqualify him in the interest of justice. You don’t even have to prove bias, but the mere perception is reason enough to disqualify himself to ensure a fair trial.

After having come to the following conclusions emphatically:

  • that he had found Saiful to be a truthful and reliable witness and his evidence is intact despite lengthy cross-examination by the defence;
  • that Saiful had narrated in detail the sexual intercourse when he was under examination-in-chief;
  • that the testimony of three Kuala Lumpur Hospital doctors corroborated Saiful’s evidence that there was penile penetration with the use of lubricants;
  • that the evidence of chemists Dr Seah Lay Hong and Nor Aidora Saedon – who established that the DNA profile of the semen found in the anus of Saiful matched that of Anwar’s – was acceptable;
  • that there was no difficulty in accepting the evidence of these expert witnesses;
  • that there was no room for the tampering of evidence;
  • that Anwar had introduced his penis into the anus of Saiful until ejaculation;
  • that Saiful had given a blow-by-blow accountof the sexual act in a room of the condominium;
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what kind of a judgment will Zabidin be delivering after the trial? That final judgment has to reflect and confirm his above conclusions. If there is anything that is to the contrary, it would discredit his conclusive and emphatic judgment that ordered Anwar to stand for trial.

It would be in the interest of justice for a new judge to hear Anwar’s case.

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

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16 Dec 2011 10.18am

When and not if, Anwar is convicted and sentenced to jail next month, they will call for election so that Anwar won’t be around to campaign.

BN will use all sorts of dirty tactics to win the election and in Sabah they are already ‘bribing’ households with under RM3,000/mth income with cash to vote them. Those people are simple folks and will vote them upon receiving the money.

If in the event, BN does lose albeit all the dirty tactics, they (may entice) the opposition candidates who won to jump ship like in Perak. If that still doesn’t work, they (may even try and) get the army to declare martial law …

Welcome to Malaysian Politics or Kids’ Politics rather.

19 Jul 2011 4.13am

Anwwar will be freed immediately upon the victory of the PR election in the GE13.

28 Jun 2011 6.29am

I agree with you HUH? There are almost 25 million people in Malaysia. With or without Anwar Ibrahim, justice and liberal democracy will be pursued. Leaders who do not grow as the citizens grow will eventually be ruled out by the people. It is only a matter of time.

23 Jun 2011 2.41pm

Why is everyone talking as if the fate of PKR/Opposition is fully dependent on the outcome of Anwar’s case. Do you mean to say that if Anwar is jailed then PKR/Opposition crumbles and disappear? This mentality/perception is exactly what is so damaging to Anwar himself, as if he is indispensable. With or without Anwar the deprived and misled rakyat will still carry on with their fight for true democracy and justice for ALL irrespective of race or relition. INJUSTICE and CORRUPTION must be eradicated per se, regardless of which party governs.

16 Jun 2011 5.21am

ANWAR ” HE goes to JAIL

This will go down in Malaysian history as THE FAILURE OF OUR JUSTICE SYSTEM.
It will send tzunamies in world opinion and destroy the image of malaysia as a friendly and trusted country for investors,
If investors cannot get justice they will shun away from Malaysia. So Anwar goes to JAIL but our country goes to the GALLOWS

bob goh
bob goh
11 Jun 2011 12.17pm

so whats new? he cant appaeal to the ICJ….let the … courts convict him and watch what happens to GE 13….the most important court will have spoken

10 Jun 2011 10.10pm

Our judges have had their previous lofty stature cut out from below them by that nasty 4th PM, Dr M Kutty. Today they are little more than ordinary civil servants who scurry like frightened mice from the harsh light of truth. Under such a situtation, the good judges have faded away leaving a bunch of … compromised men who have filled up so many of the places that previously they had no chance of occupying due to not being qualified. Now they take care of their tenure and cheerfully lick the hand that feeds them. Such are the depths that we have fallen down to. The only answer is to take out the corrupted leadership…. Support BERSIH 2.0!

mrs smith
mrs smith
10 Jun 2011 9.17pm

are these judges?can we make a it practice for judges to swear on the holy quaran for muslim judges where by they promise that the verdict is the truth and a honourable one…

10 Jun 2011 2.45pm

we have a group of corrupt judges who do not believe in God and anti religion since their action n judgement proves that and they are against the principal of their own religion, infact all religions on earth.

10 Jun 2011 1.39pm

As an observer of political drama, it appears to me that the BN has got it’s political opponents by a firm hold. It’s like a political wrestling match. A. Ibrahim as the opposition head is embroiled in a battle of sordid taste. It violates the decent face of our country. It mars our dignity as a nation and as people. There are other ways of “skinning the cat” instead of embarking on a self-defacing platform to destroy a political opponent. It’s an ugly state of affairs cutting through all the religious groups of the country. It is also a repeat of the last episode over 10 years ago. Looks like the choice of battle gear has not changed. As to whether this will work for BN or cause the voters to sympathize with the opposition remains to be seen. But it’s a very huge and risky gamble.

telur dua
10 Jun 2011 12.33pm

Kangaroos also have a script to follow….

aran raj
aran raj
10 Jun 2011 11.02am

Dear Mr. Rama, will a another judge from the Malaysian judiciary make any difference to the outcome?

10 Jun 2011 10.26am

Only one person knows the truth and that’s god.And one day the truth will prevail.The guilty will have to pay.

10 Jun 2011 6.49pm
Reply to  Bala

By the time the truth prevailed, Anwar is a goner. Sickening!

10 Jun 2011 9.06am

Unfortunately for the judge, it is not Anwar that is on trial here. It is the judge himself that is on trial… by Allah.

If only he knows this!

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