Wednesday, February 3, 2010

Wall Steet Journal, Judge And Jury

Hantu Laut

It looked like the Wall Street Journal has become judge and jury of Anwar Ibrahim's sodomy case.It has, arbitrarily, declared Anwar's innocent.

It has also confirmed the involvement of Najib's in the case.It says "Also troubling is the public involvement of Prime Minister Najib Razak, who was deputy leader at the time of Mr. Anwar's 2008 arrest—and the man most politically threatened by Mr. Anwar's popularity".

Najib should consider a libel suit against the newspaper.

Is this a respectable newspaper or a new brand of yellow journalism, published, without batting an eye for the truth, giving credence to what Anwar and his retinue of supporters claimed to be the truth? The full story here.

Tell me how many criminals have admitted to crimes committed by them? Ninety-nine percent of the time they pleaded not guilty.

In his classic work "Inside The Criminal Mind" Stanton Samenow, a research psychologist, after working three decades with criminals reaffirmed that "Criminals know right from wrong. In fact, some know the laws better than their lawyers do. But they believe that whatever they want to do at any given time is right for them. Their crimes require logic and self-control".

Would Anwar get a fair trail? Even if he did, does it matter, the world has been taken in by Anwar's very clever sophistry.

13 comments:

eddy said...

Bro, the WSJ opinion piece was probably submitted by Anwar and his team of propogandist bent on disparaging the trial even before it started.

The WSJ opinion was right though that the internet was not as widespread as 12 years ago. Now, everbody can get the information in an instant like transcripts from the court proceedings, excerpt from the stay application yesterday:

continue from before..

open quote"Dato’ Mohd Yusof :For a moment I thought this is not an application for stay. It is suppose to be an application of stay against Yang Arif order. But later I realize this is an application to postpone the case. It is trite law that this court has the discretion to grant or not to grant. But as a rule- stay can only be granted if there is exceptional circumstances.
Even a strong ground of appeal is not a ground for stay.Refer Bundle of Authority [Tag 4] in the case of Re Kong Thai Sawmill and [Tag 9] Kosma Palm Oil Mill referred.
Tag 11 – Asean Security Papermills case referred.Over the year all the court seems to agree that one of the determining factors to grant stay is exceptional circumstances.
where the defence did not show any exceptional circumstances. If the defence succeeded in the appeal, the appeal would not rendered nugatory.How the appeal would be rendered nugatory cannot be shown by the defence . If the defence succeed in their appeal, Datuk Seri Anwar Ibrahim will be discharged. He will not be deprived.

Karpal Singh:The trial would be nugotory.

Dato’ Mohd Yusof:The principle is the appeal would be nugotary. You will not be enjoy the fruits of the appeal.It is wrong at this juncture to say that this court is wrong in it judgement. This is not the proper corum. The def said we got the medical reports – the statement of the doctor did not said about plastic. I have the IP and the doctors statements at my disposal. It is the handwriting of the doctor. This is not brought up to this court before. The doctor in PUSRAWI and Hospital Kuala Lumpur did not find any injury. Report Hospital Kuala Lumpur is half of the report, it is only a clinical report. We have the lab report, where semen was found on some of the specimens. The doctors did not have the benefit to know which part of the body the semen was found.
Medical report alone is not sufficient.The defense is unable to show how if the stay is not granted, it would rendered nugatory.

Karpal Singh: It is clear from the report “introduction of the plastic to the anus”

Yang Arif:I will take a look at it.

Karpal Singh: A trial would be rendered nugatory. IsDatuk Seri Anwar Ibrahim hardship is it not a special circumstances? Datuk Seri Anwar Ibrahim political future, is it not a special circumstances? Trauma suffered by Datuk Seri Anwar Ibrahim and the family, is it not a special circumstances? The court can exercise a discretion. That is all.

Yang Arif:Give me 10 minutes.
[03:20]
Resumed
[03:30]
Parties as before.

Yang Arif:Dalam kes ini didapati tiada apa-apa keadaan luarbiasa. Permohonan ditolak dan perbicaraan kes akan diteruskan.

Karpal Singh:We seek adjournment of the trial. Can we adjourn pending the meeting with the PMR tomorrow? The prosecution have no objection. Commencement at 2.30 pm tomorrow. It is a directive of the Chief Justice.

Dato’ Mohd Yusof:We agreed because we would like to have an uninterrupted examination of our witnesses. We agree to start after the application at the Court of Appeal tomorrow at 2.30 pm.

Yang Arif:Since both parties agreed the case will start at 2.30 pm tomorrow. I hope there will be no interruption and postponement." close quote

Note Bro that the prosecution said they "have the lab report, where semen was found on some of the specimens. The doctors did not have the benefit to know which part of the body the semen was found. Medical report alone is not sufficient". It would be interesting how the prosecution put up the chain of clinical and lab evidences to convince the judge that a crime has been committed.

SM said...

Brothers,

During the Sodomy 1 trials, the whole saw what a sham the Malaysian Judiciary was! despite overwhelming evidence against any wrongdoing, DSAI was still convicted of Sodomy.
Then suddenly out of the blues, the conviction was overthrown during Badawi's tenure as PM (as I said before, no wonder Mahatir hates Pak Lah with a vengence. In fact no wonder why most UMNO supporters have nothing godd to say about Pak Lah!).
Now comes Sodomy 2! Some more proof of the joke of Malaysia's Judiciary.
At the very basic, how does a man in his early 60's overpower & sodomize a young man in his 20's?!
And let's say (for argument sake)this was true, then Saiful too should be charged, because it would have been consensuial!
Mark my words, after this sham of a trial, DSAI will be found guilty & thrown in jail & Saiful will disappear (a very, very rich young man) from public life! They probably have his new identity awaiting at the end of the trial!

eddy said...

Bro SM, for Anwar first sodomy trial this is the written judgement of the federal court:

http://www.kehakiman.gov.my/judgment/fc/archive/05-6-2003(W)dato%20hamid.htm

Excerpt from the Federal Court Judgement:

To summarise our judgment, even though reading the appeal record, we find evidence to confirm that the appellants were involved in homosexual activities and we are more inclined to believe that the alleged incident at Tivoli Villa did happen,

sometime, this court, as a court of law, may only convict the appellants if the prosecution has successfully proved the alleged offences as stated in the charges, beyond reasonable doubt, on admissible evidence and in accordance with established principles of law.

We may be convinced in our minds of the guilt or innocence of the appellants but our decision must only be based on the evidence adduced and nothing else. In this case Azizan’s evidence on the “date” of the incident is doubtful as he had given three different “dates” in three different years, the first two covering a period of one month each and the last covering a period of three months.

He being the only source for the “date”, his inconsistency, contradiction and demeanor when giving evidence on the issue does not make him a reliable source, as such, an essential part of the offence has not been proved by the prosecution. We also find the second appellant’s confession not admissible as it appears not to have been made voluntarily. Even if admissible the confession would not support the “date” of the commission of the offences charged. We have also found Azizan to be an accomplice. Therefore corroborative evidence of a convincing, cogent and irresistable character is required. While the testimonies of Dr. Mohd. Fadzil and Tun Haniff and the conduct of the first appellant confirm the appellants’ involvement in homosexual activities, such evidence does not corroborate Azizan’s story that he was sodomised by both the appellants at the place, time and date specified in the charge. In the absence of any corroborative evidence it is unsafe to convict the appellants on the evidence of an accomplice alone unless his evidence is unusually convincing or for some reason is of special weight which we find it is not. Furthermore, the offence being a sexual offence, in the circumstances that we have mentioned, it is also unsafe to convict on the evidence of Azizan alone.

So, Bro SM The learned judge when upholding Anwar Ibrahim's appeal purely on technical ground did state that they find EVIDENCE that confirm Anwar were involved in homosexual activity(sodomy lah tu). Needless to say the Judgement of the Federal Court which overturned the conviction also revealed Anwar in public as a homosexual.

And Bro in this day and age with the technological advance in science and medicine a small pill can make a old useless mice roar like a bull elephant in under 30 minutes. So it does not matter if you are 60,70 or even 80, if you are healthy with no heart condition you can do it like a virile young man with a little help from science.

Anyway this time round the prosecution had learned their lesson well and now the date and time of the offence in the charge sheet is quiet precise probably to be corroborated later by video footage, clinical and lab evidences as well. (Expensive condos nowadays have high tech security cameras, labs are so high tech they can identify that dna samples can be from semen, blood or tissue samples etc).

So there you are and I believed Saiful is the victim here, victims do not get charged that will be a serious miscarriage of justice..but I expect a long trial though.

donplaypuks® said...

"We may be convinced in our minds of the guilt or innocence of the appellants but our decision must only be based on the evidence adduced and nothing else. In this case Azizan’s evidence on the “date” of the incident is doubtful as he had given three different “dates” in three different years, the first two covering a period of one month each and the last covering a period of three months."

Bro Eddy, yes, we all know of this scurrilous statement. That our judges in the Federal Court should hold such an opinion is scandalous.

The law is very clear. The case has to be proven beyond a reasonable doubt by the accuser. If Azizan's testimony was not convincing, not supported by corroborative evidence or testimony and DSAI had rock solid alibi, then the honourable judges had no basis whatsoever to hold any opinion, private or professional, that homosexual acts had taken place.

Their private opinions (bias) had no place to be stated in court in public. Remember also that the mattress and DNA evidence was shoown to be fabricated, withdrawn and expunged!! So, what biz had their lordships in ventilating their private opinions?

As was stated by many at that time, their lordships added this piece of shit in their judgement to appease Dr.M even when they found Azizan to be an inveterate liar! Remember too Azizan and his khalwat incident in the middle of the trial?

dpp
We are all of 1 race, the Human Race

eddy said...

dpp, we are all of one race aren't we, in that spirit lets agree to disagree but I think one need not disparage a learned judge just because one do not agree with parts of his/their written opinion/judgement. The judge did after all freed Anwar, based on a technicality of course. And because of that judgement do you know how difficult it is to now convict a sexual offender as the victim could be a young girl aged 4 year being raped by an adult. You think the young girl can remember when and where she was raped by the monster exactly?

Anyway Bro, I do not think Dr Mahathir should be put in this equation as he had retired as PM when the Federal court overturned Anwar's sodomy conviction and that means his opinion or what he thinks as an ex PM means very little or basically none at all, that's how unfortunately majority Malaysians treat their ex PMs. Tq.

Anonymous said...

the fact that saiful had been to see najib twice (and najib tried at first to hide that fact) suggests the motivation is political.

anwar may be guilty......but a set-up and selective prosecution is what everyone, other than BN is unhappy about!

Hantu Laut said...

Anonymous,

Politicians meet thousands of people and many would like to take photograph with famous name , do you think they can remember everyone they met.

Nazib having met and took photograph with Saiful does not make him guilty of involvement.I am sure he done it hundred of times with other people whom he doesn't know.

SM said...

Bro Eddy,

Very impressive arguments.
Plus, you are right, we do not prosecute the victims (well in Malaysia that's up for more debate!).
However, I still maintain that a
"60-ish" year old man (with back ailments) will find it very difficult to sodomize a "20-ish" young man (unless the 20-ish young man was agreeable to the act). So again, let's say that DSAI did sodomize Saiful, then they BOTH must have agreed & so Saiful is not a victim (tell me if you were Saiful you will just bend over? I wouldn't!).
Anyway, I hope the Trial does not take too long. Throw DSAI in jail & have done with it (after all we know what the verdict is going to be...please spare the Msian public the pain & waste of public funding). Then call for the next GE!

Bro HL,

How many of us "mere mortals" can make appointments with the DPM or PM & get to meet him & take a photograph?!
Plus this Saiful character was a drop-out & he says he went to see Najib for a Scholarship? Wow (well that was what Najib said anyway)!Geeze, come on bro...not all of us are that dumb (or naive)!

Hantu Laut said...

SM,

I am not dumb,you are not dumb, you are ignorant.

I have many politician friends, trust me I know.Ask Mahathir, how many strangers walked up to him and wanted to take photograph with him.

I have been on two trade missions with him, one to China and another to Pakistan and have seen how many businessman wanted to take photograph with him.Being a politician he obliged.I am sure he can't remember most of them, if you show him the photo now and ask him who these people are.

eddy said...

Bro SM if I were Saiful, I would give the old pervert a good kick between the legs and walk out the front door. Then again I am not Saiful. Lets here what Saiful has to say in court then. TQ.

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donplaypuks® said...

Bro

It's quite one thing when people want to be photographed with Dr.M when he's walkabout or in a public meeting.

It's quite another when a Uni drop out goes to PM Najib's HOME purportedly to ask for a "scholarship" and the PM first publicly denies it, then says it's about a scholarship and then when cornered, finally admits that it was a about an alleged sodomy!

Scholarship for a Uni failed drop out? Now that takes the cake!! You think PM Najib has been very forthcoming or truthful about this "minor aberration" of an incident? What does it say about his credibility or fitness to lead the nation?

dpp
We are all of 1 race, the Human Race

Anonymous said...

Very Interesting!
Thank You!