Sodomy Law:Not Archaic In Some US States

Hantu Laut

After almost a month in Europe it's nice to be back home.The excitement of the Anwar's sodomy verdict has somewhat subsides but a new political inferno is brewing.........Anwar's proposition to abolish what he called archaic laws in response to BBC's interview where he was asked whether he is prepared to change the discriminatory law against gay rights.

Incidentally, on the morning of Anwar's verdict I was still in Barcelona and the night before wrote my own verdict which I posted at about midnight in Barcelona but due to different time zones just after dawn on the morning of the 9 Jan 2012 in Malaysia.

On the way home I stopped in KL and had dinner with some friends, and as usual typical Malaysian style, you either talk politics or gossip about your friends.Invariably, gossiping about friends was less on my agenda that evening.Our conversations centred between the African waitresses working at the bar we were in then and Anwar's acquittal.I have never seen Africans working in bars or restaurants in KL before, it was the first time, an eye opener, and makes one wonder how did they get work passes for such job? Have our immigration policy changed allowing foreigners from non-traditional territories to work in this country?

Maybe, I should let the Immigration Dept do the worrying and the MACC on its toes.

Back to Anwar's acquittal, I asked one of my friends whether he has read my verdict before the judge officially announce it.His answer was "yes', he has read read it, but suspected someone called me to inform me of the verdict before it went official.....or he thinks, not saying it out loud, I cheated.

Anyway, that was a small part of the story, the bigger problem is how Malaysians are so easily influenced by what they read on the Internet, which, we all know, is completely unregulated and should be taken with a pinch of salt.

As much as there are good things, there are just as much garbage floating in cyberspace.Please read this article from a Malay warrior who has a killer hatred for former Prime Minister Mahathir Mohammad.His personal attack against Mahathir has gone completely berserk and inundated with hate.It makes one wonder who has gone bonkers, he or Mahathir?

You see,how penetrable the conspiracy theory has become, many, my friend included, still think the judiciary is not free, the judges taking orders from politicians.

Anwar and Pakatan's leaders have successfully demonised the judiciary to the throes of hellfire and damnation.The perception of the judiciary of improper conduct will stay for a long time.Here, another writer implied that the judiciary is still ruled by the executive, meaning, the Prime Minister Najib Tun Razak.

Back to Anwar's BBC interview. Anwar's response was somewhat contrivable, giving rise to potentially dangerous ambiguities.There were immediate harsh responses from UMNO and Muslim leaders accusing him of wanting to abolish the sodomy law in this country.All Abrahamic religions are against homosexuality.In the West, as state and religion are separate, religion has no power or jurisdiction over such law.In Muslim countries religion incontrovertibly prevails over such perversion and dispense appropriate punishment.

Anyone, even without reading in between the lines, would have interpreted the archaic law he was referring to was the sodomy law. Certainly, the BBC was not referring to the ISA,OSA or the Police Act when the question was thrown at him.He was asked a specific question and he gave specific answer saying that such archaic law should be reviewed.

Malaysia is not the only country with such law, there are 22 states in the United States that still maintained such laws, though, prosecutions are rare as most acts are consensual and rarely reported. Some states, with strong Christians values even outlawed consensual homosexuality, open and notorious cohabitation and adultery.These are so-called archaic laws but some states still refused to repel the law.Most of these types of law in the US have become purely academic, hardly use and against the US Federal constitution.

In the US, the Federal constitution supersedes state laws.Any consensual sodomy prosecution, by any state, if it goes for appeal to Federal Court, would be overturned by the court.

Let say, if Anwar and Saiful, were to live in Alabama, Arizona or Arkansas and Saiful lodged a sodomy rape report against Anwar, the scenario would be the same, Anwar would be subjected to the law of the state and would be arraiged for trail.

Conspiracy, trump-up, framed or not, there would be a trail, to prove him guilty or innocent, unless the state-attorney found Saiful of questionable character and a liar, like the maid who accused Dominique Strauss-Kahn of rape.

Would Utusan be slapped with the RM50 million libel suit by Anwar?

Elections: No Muhyiddin Against Najib ?

Hantu Laut

As I have said here earlier that there would be no elections in February or March.It's a foregone conclusion.Najib's announced he needs more time for his reforms to bite in here.

Anwar's verdict, unexpected by the Najib's administration, has torpedoed his elections plan. The opposition's claim that the judiciary is guided by the executive is not true anymore.Najib was actually caught by surprise by the court's decision in spite of the fact that the judge had earlier in the proceeding said Saiful was a reliable witness. The general consensus among politicians on both sides of the political divide was that Anwar would be found guilty because the government is out to fix him, to kill his political career.

The judge has, by the acquittal of Anwar, thrown a spanner in Najib's elections plan. A guilty verdict would not send Anwar straight to prison but would put him in the throes of appealing his case, which, by election time, would still carry the stigma of his sodomy case and keep the skeptic away from voting Pakatan.

However, there are both sides to the coin, the verdict has also positive outcome for Najib.It shows that he has not interfered with the judicial system.The Western press have been quick to give positive nod to Najib on the verdict by the court.

So, when would the general elections be held?

It depends on two things. Anwar would have to take a back seat when it comes to Najib's priorities.First and foremost, will his deputy Muhyiddin challenge him for the UMNO presidency in the UMNO elections? If Najib feels he would be challenged that the GE would be held before the UMNO elections.

The opposition's propaganda machines have been working overtime trying to cause a rift between Najib and Muhyiddin, an outcome that would weaken UMNO and cause it to lose the elections.Muhyiddin's supporters in UMNO are employing the same tactic, encouraging him to stand against Najib in the UMNO elections hoping to ride the gravy train should Muhyiddin become prime minister.

These are all wishful thinking.Unless UMNO leaders close ranks before the next GE, neither Najib nor Muhyiddin would be prime minister. The coveted title would be Anwar Ibrahim's.

Muhyiddin is not as stupid as what the oppositions made him out to be.He may, at times, sounds incongruous with Najib but he knew of the danger of rocking the boat that will sink everyone on board.He knew that unless UMNO consolidates before the GE the risk of losing the elections is even greater now with Anwar on the lose.

UMNO leaders should learn from history, from the bad aftertaste of March 2008.

Muhyiddin's supporters would be very disappointed as it is most unlikely that Muhyiddin would challenge Najib for the UMNO presidency.

Only UMNO, with Sabah and Sarawak can save the BN government, MCA and Gerakan would be left out in the cold.The real challenge to BN's Chinese votes is DAP.The Indian votes would be split between BN and Pakatan.

Putting aside any challenge to his presidency the GE would be anywhere between June to December 2012, with the latter being most likely.

Posted:Kuala Lumpur

Anwar's Appeal:The Rule Of Laws or The Rule Of Politics

Hantu Laut

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

Give Anwar A Fair Fight

Hantu Laut

Plato, a philosopher of Ancient Greek epitomised that "if the law is the master of the government and the government is its slave, than the situation is full of promise and men enjoy all the blessings that the gods shower on the state"

Aristotle, another Ancient Greek's philosopher opposed giving the highest official the authority to wield absolute power and advocated that "It is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantangeous to place the supreme power in some particular persons, they should be appointed to be guardians and servants of the laws"

Today, it is called "the rule of law".

Politicans who have been allowed to become too powerful have shown little or no respect for the rule of law.Those that had become cult figures ended up as tyrants and mass murderers.From Stalin to Hitler and nearer home in Asia, Pol Pot of Cambodia, the modern world have seen a fair share of genocidal tyrants ruling by their own decree rather than the rule of laws.

The "Arab Spring" which swept through the Middle Eastern Arab countries were consequences of the abrogation of fundamental human rights and the rule of law, which, in this modern civilisation, should even override divine law.

Many political pundits made wrong predictions of the outcome of Anwar Ibrahim's sodomy trail, most say he would be convicted with long period of incarceration and some suggesting there would be an appeal by the prosecution in the event he was found not guilty, which I do not doubt if the Prime Minister lends his ears to the wrong people.

Anwar had been given due process of the law, an appeal would again ignite sympathy for him and makes Najib seemingly afraid of a fair contest. Taking Anwar on a level playing field, is the thing that Najib should do, it would give him due respect.

A free Anwar is of less political threat to the BN than Anwar in the prison, or hanging the sword of Damocles over his head. The old UMNO ways of politics of intimidation and war mongering do not sell anymore.It's time these antiquated politicians wake up and make an exit and let more progressive and younger men take over.

It was Mahathir and UMNO that made Anwar a national hero, otherwise, he would have joined the likes of Musa Hitam and Tengku Razaleigh, waiting in political purgatory, not knowing when the doors to heaven would open.

Musa Hitam had given up hoping completely, Razaleigh, still aspires the highest office, but with Anwar a free man, the chance of him becoming PM has sunk to ground zero.The opposition do not need a replacement prime minister simply because they would not be anywhere near Putrajaya.After the blistering attack at his own party they would not be needing him anymore.This good man is only good for Gua Musang.He has not been able to capture Kelantan for the party for the past two decades.

Najib has a good chance of winning the 13th GE.He should not be afraid to weed out the warlords in his party and those who insist to continue riding the gravy train.These are the losers who are going to drag him down if he does not act now.

As for Anwar, the AG should not appeal, just leave him to the elements and a fair fight against Najib.

Posted:Barcelona