To appeal or not to appeal? The decision lies with the AG, not Saiful, not Saiful's father, not Saiful's friends and ultimately not Najib.The Prime Minister can only listen to advice.The AG can still proceed with or without the PM's agreement.Ultimately, the PM can sought the AG's removal on ground of incompetence.
If the AG determined there was a miscarriage of justice and that the learned judge has erred and Saiful should not be denied justice than an appeal is in the offing.Would that be the case?
However, an appeal, whether based on the rule of law or not would not change the minds of the oppositions, Anwar's supporters and significant part of the population that the judiciary is not independent, that it is the executive that is running the judiciary, no matter how untrue it would be, it would not change the people's perception.
The AG would be seen as the running dog of the government, pliable to the rule of politics.
The biggest loser would be Najib, not the AG and not the warlords in UMNO.
When the boat goes down the captain would be last standing.
Posted:London
3 comments:
Agreed with you again. This is an appeal based on the rule of politic.
Chief Prosecutor Yusoff had just retired. He is looking from Najib/Umno for a judgeship or some lucrative appointment like SC Head or even the AG post. He announced to the whole world that he had recommended the AG to file an appeal. If Gani didn't file appeal, he will tell Umno that Gani is to be blamed and should be removed. If Gani appeal, the consequences are as you mentioned.
Don't forget, Najib personally asked Yusoff to withdraw his letter of retirement the last time around and asked him to handle Anwar's case. Yusof gladly withdrew his letter hoping that he will be amply rewarded after Anwar's conviction just like Gani being rewarded after Sodomy 1.
So the the appeal is all based on political and personal consideration of Yusoff. Siful;s evidence is already suspect. Without the suspicious dna evidences, there is nothing for the prosecution to stand on
If my layman's memory of the law is correct, the AG should only appeal if they believe that the law was not applied or interpreted correctly by the judge.
Based on the case, the AG's legal team will have to prove that the DNA evidence was 100% reliable and/or Saiful's testimony can be proven.
Without conclusive evidence of penetration, it seems pointless to pursue an appeal.
Saiful or parties aligned to Saiful can take this up as a civil case, I would think if they want to pursue this further but as a criminal case, it does not appear that the appeal has much grounds.
Who is that stupid to believe the rumour that the general election will be in March?Must be a homosexual like me.
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