Justice Denied Again

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December 1, 2009

Comment: Justice is being once again denied when the High Court Judge, Mohd Zabidin Mohd Diah, today dismissed Anwar Ibrahim’s application to strike out the sodomy charge (Sodomy 2) This was not unexpected by Anwar himself and his legal team, although their grounds for their application were valid, that is, the medical reports by  four (4) medical specialists,not one (1) showed no penetration. What stronger evidence is needed than that!

The Hon’ble Judge, however, felt otherwise. He is of the view that “only a full trial could determine if there was actual penetration as charged by the prosecution”.It does not take a legal genius to know that the medical report is crucial in determining whether or not a “sexual act” (in this case, sodomy) was committed.

I fear that  during the full trial slated for January 25-February 25, 2010 new “evidence” may be manufactured by the persecution to convict and send Anwar back to Sungei Buloh. This fear is not without foundation.

It was well known that evidence had been fabricated against Anwar in 1998. In addition, the fixing of the trial dates even before the Appeals Court makes its decision on a related matter (Anwar had sought to obtain further documents and evidence from the prosecution pertaining to Sodomy 2) is rather unusual. In his reaction to the decision, Anwar said this of the judge, “The very least is for him to respect his own previous decision that allowed us access to the documents and give time for the Federal Court to hear and decide on the matter.”

In the light of the above, it would appear  to me at least that Judge Mohd Zabidin Mohd Diah is under some external pressure to get on with the case, thereby preempting the Appeals Court. This again calls into question the state of our Justice System  when it can succumb to some “voices from heaven”.—Din Merican

Anwar’s Application to strike out the sodomy charge denied by The High Court

by Hafiz Yatim

The High Court today dismissed an application by Anwar Ibrahim to strike out the sodomy charge he is facing. The court then set trial dates from January 25 to Feb 25, 2010 for the case to continue.

This morning, Kuala Lumpur High Court judge Mohd Zabidin Mohd Diah ruled that only a full trial could determine if there was actual penetration as charged by the prosecution.

Anwar’s defence team had argued that the sodomy charge could not stand as medical reports showed no penetration on the victim. “While the medical reports may ‘state no conclusive clinical findings to suggest penetration of the anus/rectum’, this court however cannot cancel the charge,” said Mohd Zabidin, before a packed court room, which included former MCA vice-president Chua Jui Meng, who recently joined PKR and PKR president Dr Wan Azizah Wan Ismail.

“Witnesses have to be called in to testify to attest to the matter. The matter has to go through full trial to also consider the forensic evidence, to determine the case ,” he added.

Zabidin said this evidence and report would be useful to the defence team in creating doubts over the testimony of the witnesess on the incidence of penetration. Anwar had previously failed in his attempt to remove the prosecution team from the case.

Allegations against the Attorney General

Anwar, 62, was charged with allegedly sodomising former aide Mohd Saiful Bukhari Azlan, 24, at a condominium in Bukit Damansara on June 26, last year. He had claimed trial on March 10, at the Kuala Lumpur High Court against this charge. He was initially charged with the offence at the Sessions Court, before the case was transferred to the High Court.

Justice Zabidin, in his 14-page judgment also touched on Anwar’s defence team’s submission that the prosecution had acted ‘mala fide’ in preferring the charge. He said the allegation is mainly against Attorney General Abdul Gani Patail.

“They argued that the prosecutors in this present case had realised the role the AG had played then in 1998. They listed the role played by Abdul Gani in twisting and fabricating evidence against Anwar in 1998.

abdul gani patail“Despite this, there is no evidence to suggest that the same scenario is happening in this present case. Just showing Abdul Gani’s (left) role in 1998 is insufficient. That the present batch of prosecutors may have knowledge of this does not mean they (prosecutors) would be biased.

“It is also insufficient for the court on the balance of probabilities at this level, to decide that the charge faced by the accused is a result of mala fide,” he said.

Thus, Zabidin said Anwar’s application to set aside or quash the charge under Section 377B of the Penal Code is dismissed. Anwar’s lead counsel Karpal Singh indicated to Zabidin that they will appeal today’s decision. Lawyer Sankara Nair told reporters later he would file the notice of appeal tomorrow.

Anwar Unhappy with Trial Dates

Meanwhile, Anwar said he was disappointed with the manner the High Court judge fixed the trial dates without considering the fact that an appeal is pending at the Federal Court on a related matter. Anwar said that he was waiting for the Federal Court to hear his appeal to obtain further documents and evidence from the prosecution.

“The judge has decided to fix hearing dates in total disregard to our appeal on the matter. This is a first – there is ‘no need to wait for the Federal Court, let us proceed with the hearing’.

“Previously he had decided for us in gaining evidence from the prosecution and now he has decided against us by fixing the trial date.

“The very least is for him to respect his own previous decision that allowed us access to the documents and give time for the Federal Court to hear and decide on the matter,” he said.

Anwar also said while the court had verifed the medical reports from four specialists who said there was no penetration, this is the first case in the world where prosecution has been allowed to go on despite the reports stating there was no penetration.

He said today’s decision was also perplexing in that while the judge seems to have agreed on the role played by Abdul Gani in fabricating evidence, he decided that the present batch of prosecutors would not be influenced by bias.

anwar release 020904 sukma dermawan close up“However, we have evidence that solicitor general 2 Mohd Yusof Zainal Abidin was involved in the Sukma Darmawan (right) case, where evidence was also fabricated and in the end Sukma was cleared.

“I’m worried that this prosecution, led by UMNO, is withholding vital evidence directed to hurt my case. If such evidence is provided to the defence, I’m prepared to have the case proceed tomorrow,” said the opposition leader.

Describing today’s judgment as disturbing, Anwar said the medical evidence was conclusive and the judge seemed to have acknowledged that but he had hinted there maybe some other evidence to be adduced.

“This is the first case in the history of modern times that you prefer a charge of sexual abuse ignoring medical evidence that conclusively states there was no tear or penetration.”

“I think we are in for a tough battle. We will fight them because we have compelling evidence and facts to support us. But the manner the prosecutors and court want to proceed with the case seems a bit worrying to me and my team of lawyers,” he said.

The defence earnestly asked Justice Zabidin to set mention dates instead of trial dates during proceedings, because of pending cases at the Federal Court. However the judge refused and fixed the hearing next month.

Sankara said his team would be studying on whether to apply for a stay of the hearing pending the appeal of related cases.

19 thoughts on “Justice Denied Again”

  1. The current sodomy case against Anwar is a replica of the sodomy 1 charge – a politically conspired case to finish him off once and for all. His presence is a real threat to UMNO and UMNO knows that if it loses power it will be on account of him.

    The charge against him in 1989 simply rested on manufactured grounds and had no credible legal basis. Mahathir suspected Anwar to be plotting to topple him and decided to remove his one and only worthy rival. He had well over a year period in hand to prepare the ground work and gather the hard evidence to nail Anwar bBefore the case was wrapped up for the latter to be arrested and charged. As PM and concurrently the Home Minister then, Mahathir had the Special Branch, Military Intelligence and the Police at his disposal – all awesome state power tools to nail down any guilty party. He must have extensively used these agencies to gather the necessary evidence against the purported crime of Anwar. Despite all the resources and efforts they were unable to produce any solid credible evidence. If someone is a real sodomite, try engaging a private investigator, worth his salt, to investigate the case. He will easily come up with all the hard evidence – surveillance reports on rendezvous meetings both indoor and outdoor, voice recordings capturing even whispers from distance away and video tapes showing the parties together in intimate positions – all obtained through covert operations with basic tools like pin-hole cameras, bugging devices etc. What did Mahathir produce at the end? – engineer a doctored book vilifying Anwar and his character that was timed to be published and distributed to the delegates at the UMNO assembly and thereafter all over the country so as to psychologically prepare the people to expect what was to come, and a king size bed at the trial with dubious DNA sample implanted.

    I really don’t understand how people can be so naïve to buy the story – line, hook and sinker. You really think Anwar would have the moral strength and courage to take on his powerful enemies occupying the seat of power, if he is truly guilty of the crime he is alleged to have committed? It simply defies logic.

    In reference to the second case, why was there an urgent need for Anwar to be ambushed, bundled into a car and thrown into police cell just few hours before his scheduled appointment at Police HQ at 2 p.m where he was supposed to give his statement? The intention, perhaps could be to keep him in the cell overnight for a day or two to covertly extract samples of his DNA in the form of his body tissues, hair shreds, urine, stool etc
    It appears that DNA evidence can be cloned and planted at a scene of crime. A report in New York Times dated 18 Aug 09 said that Scientists in Israel have demonstrated that it is possible to fabricate DNA evidence, undermining the credibility of what has been considered the gold standard of proof in criminal cases.

    It was reported in a pro-UMNO website recently (perhaps inspired leak) that the Government had evidence of both Anwar and Saiful having gone to Bangkok, Hong Kong and Singapore. What is the big deal? In keeping Anwar under watch, the authorities would have known of his impending travel plans. If Anwar goes to Bangkok in the morning, arrange for Saiful to go there in the afternoon or the next day. If Anwar checks into Bangkok’s Ambassador Hotel, make Saiful check into a hotel nearby or Ambassador itself. Do likewise for Hong Kong and Singapore. Hi presto, you have the evidence to show that the two were at the three cities around the same time – proof? – Air-tickets, hotel vouchers, passport entry/exit endorsements. The unschooled public may buy the story but what about some of us who can probe and rationalize?

    Enough pain, hurt and humiliation has been caused to Anwar, his loving wife and children. For heaven’s sake drop the charge. Incarcerating someone on a fabricated charge of sodomy is the cruelest thing any family man can do to another family man.
    And I believe both Mahathir and Najib are family people.

    Reply

  2. Are Malaysians surprised??

    Well No!! Look who is the President of the Federal Court and the Chief Justice.

    Zaki Azmi is an UMNO old timer.

    For those who are still surprised, just read below the background of the supremo of the Malaysian Judiciary. You think all the judges under him would make judgements against the interest of UMNO?

    First go read the Profile of Zaki Azmi on the Malaysian Judiciary website. http://portal.kehakiman.gov.my/

    He erased all his involvement and positions he held with UMNO. Who is he trying to hoodwink Malaysians. As though he did not exist and did not hold any important positions in UMNO!!!

    The following article is re-posted to put into context why the Malaysian Judiciary is seen as a taxpayer-funded tool of a fascist govt led by UMNO.And why all PR-related issues are made to channel to the courts one way or the other so that the UMNO-controlled Malaysian Judiciary could deny any form of justice to PR/Anwar/ and any who oppose UMNO and to protect UMNO warlords/Ministers against charges of corruption, bribery and misconduct.

    That’s the price Malaysians, especially the Chinese and Indians pay, for continuing to vote UMNO candidates in the General Elections.

    From ASIA SENTINEL ( 7 DECEMBER 2007)

    http://www.asiasentinel.com/index.php?option=com_content&task=view&id=920&Itemid=251

    Malaysia’s Judiciary: Here We go Again

    Prime Minister Abdullah Badawi’s sudden announcement of the appointment of Zaki Azmi to the second highest post in the judiciary — President of the Court of Appeal — must have jolted and dismayed many who have cherished hopes of judicial reforms following the reluctant retirement of Ahmad Fairuz Abdul Halim.

    After all, Zaki Azmi, who had NOT spent a single day as a judge in the court of appeal or the high court, was parachuted to the nation’s highest court — the Federal Court — only three months ago.

    He has NOT even warmed his seat as a judge, and yet he now looks poised to succeed Chief Justice Abdul Hamid Mohamad five months from now when Hamid retires in April 2008 upon reaching 66 years of age.

    Both Zaki’s and Hamid’s appointments were simultaneously announced by the Prime Minister on Dec 5.

    In fact, when Zaki was appointed a Federal Court judge in September, he was instantly recognized at home and abroad as the person planted to the highest court to succeed Fairuz, whose request for a six month extension of service beyond his mandatory retirement on Oct 31 was not accepted by the Yang di-Pertuan Agong.

    Such instant recognition of Zaki’s mission came from his deep involvement with UMNO as a key party player. He was chairman of the party’s election committee, deputy chairman of its disciplinary board of appeal, party legal adviser etc.

    As UMNO’s legal man, he was involved with the party’s myriad scandalous financial misadventures that were bailed out by the government in the heydays of former Prime Minister Mahathir’s crony-capitalism during the last Asian financial crisis.

    One prominent example is the RM 3 billion loan scam in the disastrous acquisition of Philippines’ National Steel Corp. (NS) by UMNO’s financial proxy Halim Saad. When the shares of NS became scrap, four top Malaysian banks were made to stomach the entire RM 3 billion losses. And Zaki was then adirector of the investment vehicle — Hottick Investment Ltd of Hong Kong — which borrowed the RM 3 billion and embarked on the acquisition of NS.

    Apart from acting as UMNO’s nominee, Zaki also has held directorship in scores of major companies including some of the most well known names such as Berjaya, Metacorp, Pan Global, SP Setia, Malaysia Airports,Hume, Matsushita Electric, Pharmaniaga etc.

    Zaki was reported by Bernama on 21 April 2007 to have said that his 58% owned Emrail SdnBhd, a railway specialist company, had only the government as employer, and that he was earnestly soliciting contracts in the northern and southern portions of the double-tracking project to turn the cash-strapped Emrail around.

    Such apolitical and business background would already have made him a poor candidate for any judicial appointment, Zaki is battered by yet another serious handicap — the question of his moral integrity arising from his controversial marriage and divorce from his second wife Nor Hayati Yahaya, who was half his age.

    Zaki married Nor Hayati in a ceremony conducted by a minister from Thailand in a textile shop in Perlis in March 2005. They separated three months later. In the messy divorce that ensued, it was revealed that Zaki burned the original marriage certificate to hide the marriage from his first wife. Further, the marriage was ruled by the Syarah court as illegal.

    Following the revelation of Zaki’s marital trouble, he resigned as deputy chairman of UMNO’s disciplinary board, for which he told the press: “Considering that members of the disciplinary board are of the highest integrity, I have made this decision following reports in the media …”

    The question we must ask now is:

    If Zaki is morally unfit to serve in UMNO’s disciplinary board, how could he be considered morally fit to be a federal court judge, not to mention his lightning elevation to the No.2 position, and anticipated imminent rise to the top job in the judiciary?

    Is this country so poor in legal talent and integrity that we have no choice but to appoint some one so glaringly unsuited for such important judicial position arising from his multiple conflicts of interests and questionable integrity?

    If not, then why did the Prime Minister make such a move? If it is not to advance the Prime Minister’s and UMNO’s interests, then what motivated such an appointment?

    We have already seen in the infamous Lingam video clip how the former Chief Justice betrayed his oath of allegiance to the country and the Constitution by crawling to serve the parochial interests of his political and business masters, thus confirming the common knowledge of the depth of degradation our judiciary has sunk.

    While the Prime Minister and his cabinet is still dilly-dallying over the appointment of a proper royal commission of inquiry to probe into the Lingam tape scandal almost three months after its public display, are we now made to swallow another UMNO atrocity – the instant elevation of an UMNO stalwart in the nation’s highest court?

    However,in the midst of despair over UMNO’s latest move, we detect something amiss in the prime minister’s announcement of this dual appointment (Hamid and Zaki). While the PM claimed that upon his advice these appointments were assented to by the king after consultation with the Council of Rulers, no effective date had been decided for Zaki’s appointment, while Hamid’s was fixed on Nov 1 — the day he started duty as Acting Chief Justice.

    Neither had any date been decided for the handing over of the appointment letters. If these dates had not been decided, why was PM in such a hurry to make an incomplete announcement?

    Knowing that the King and the Council of Rulers had previously declined to accept nominees deemed inappropriate fill the vacancies of the President of Court of Appeal and Chief Judge of Malaya respectively, as well as having turned down Fairuz’ request to continue as chief justice, the suddenness of PM’s claim of royal assent — particularly in reference to Zaki’s controversial promotion — came as a surprise to many people.

    Did the king also assent to Zaki’s appointment? If so, why couldn’t Zaki’s date of appointment be also decided alongside with Hamid’s? Or was there a problem of royal assent?

    Whatever the case may be in regards to Zaki’s appointment, it is pertinent to take serious note of the view expressed by the Sultan of Perak, Raja Azlan Shah, on public perception of judicial impartiality in his opening address to the 14th Malaysian Law Conference on October 29.

    Raja Azlan Shah, one of the most illustrious Lord Presidents of Malaysia, said that the judiciary loses its value and service to the community if there is no public confidence in its decision-making. And the principal quality in judiciary is “impartiality”, which exists in two senses — the reality of impartiality and the appearance of impartiality. Of these two, the appearance of impartiality is the more important, the sultan said.

    Taking cue from this observation, Zaki’s appointment is an unmitigated disaster, as even if he has the superhuman capability to totally severe his umbilical cord to the ruling party and his commercial interests to eliminate conflict of interests, there is still the insurmountable problem of public perception. With Zaki’s questionable background, there is no way he can command complete public confidence, particularly when the interests of UMNO or his businesses are involved.

    Coming at a time when Malaysia’s competitiveness is fast losing ground,which has been contributed in no small way by its worsening judiciary image, such a daring raid on the sanctimonious ground of neutrality as the judiciary through planting a party stalwart to take over its control is destined to bring ruinous consequences to this country. Not even in the height of Mahathir’s autocracy would such a reckless adventure be contemplated.

    Knowing UMNO’s arrogance and supreme confidence over its political hegemony, we do not think that it is open to advice from the public.

    We therefore earnestly appeal to the king and the Rulers to exert their benevolent influence empowered by the Constitution to protect our judiciary from further injury, as they have so valiantly done in the recent past.

    Reply

  3. K. Das said: I believe both Mahathir and Najib are family people.

    So? Remember that old Rolling Stone number, “Sympathy for the Devil”?
    It has a verse that talks about a gangster who kills and maims and robs – and then on weekends he goes to church and enjoys being a family man. They’re only doing it to ensure their kids have a comfy future, don’t you know? 🙂

    Tak boleh pakai – the entire pathetic masquerade! Man under an enormous black cloud of suspicion for compliciity in cold-blooded murder doesn’t even get subpoenaed as a witness… while the entire might of the AG’s Chambers, PDRM and the Judiciary are used to mischievously harass and recrucify the nation’s next PM over a spurious accusation of being a bit kinky in his sex life. When will decent people turn their backs and walk out of any room Najib and Rosmah enter? That’s the only way left to show them they have gone too far and absolute moral, financial and spiritual ruin is inevitable for Malaysia – unless we rise up as a nation and reclaim our souls and our conscience, simply by refusing to play along with such an evil conspiracy.

    Reply

  4. k. das, antares
    anyone who makes a pact with the devil , will compromise themselves as ” family people “. and given the numbers ( pkfz = rm 12.5 billion , razak baginda’s gift of 500 million dollars , etc .,)that we have been reading over the last year or so , even the strongest willed will be tempted to court the devil.

    and k. das , the names you have mentioned as family people are not even strong willed. so the devil within them has come to the surface. and i believe this is the devil they stone in MECCA !!!

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  5. Did we actually expect the murderer of Altantuya to let Anwar get any form of justice, especially if he thinks that his backside will be dragged through a just and fair judicial court of law?

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  6. All I can say is God the Almighty and All Loving is watching. It is not a question of IF but WHEN. Before its too late, please repent and return to the right path.

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  7. thanks to tdm malaysia is fast approaching a failed state status

    the low integrity incompetent judges that tdm had appointed
    during his time have become a role model of the judges of today,
    sloppy error-full judgements are the order of the day. Nothing
    would hurt the conscience of these new low morality judges as
    they are part of the new deal as had been moulded by tdm

    sad but we are powerless until we have a regime change and all
    conscientious bloggers must remind our readers always that
    we need to kick out the present regime in the pru 13 – hopefully
    a fatal number for the present regime

    Reply

  8. It is justice delayed, justice denied.

    Justice is dished out in courts and not court of public opinion. Stop politicising a court case.

    Contempt of court should be applied beyond the confine of the court room.

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  9. Millions of God fearing rakyat are praying for AI to get over this obstacle of blatant injustice. More millions of so revengeful that they are casting silent curses upon all these bastards and their offspring that the worst of retribution in the worst form of sickness and calamities will befall them till eternity in the form of the worst kind of karma that one can think of. Yes offspring included, and don’t tell these millions that these bastards’ offspring have nothing to do with their evils because their offspring are seeds of their evil selves. After all this is the least that these helpless millions can do at this point of time until the next GE when they know what to do. To AI, you have the support of these 2 groups of millions. One group praying for you and the other group casting curses upon your enemies (and their offspring)

    Reply

  11. Let us bring all sex scandals and or any immoral activites no matter however remote the allegations maybe of Ministers ,MPs , Assemblymen out in the open and leave it for the people to judge. Verdicts in cases of this nature normaly gets overidden by public perception.
    DSAI may once again be incacarated but surely this will be the final nail to UMNOs coffin.

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  12. I have decided to cancel my attendance at an Alumni dinner where the Guest of Honour is TDM. Maaf, I just cannot be in the same hall with him….Period. He lost my respect after what he did to Anwar since 1998. May ALLAH Bless us all!
    ______
    Hancock, God will Help those who help themselves. His Blessings will be for those who have compassion and sense of justice.–Din Merican

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  13. Danildaud: “…the final nail to umno’s coffin.”
    If i’m not mistaken danil, i think it should be the last layer of burial shroud as coffins are too expensive nowadays, and besides they need to go to their version of paradise free and unhindered by pieces of ‘deadwood’…
    Our present ‘augustine’ AG and LP are a joke and besides the fact that they have ‘vested’ interests, they’re mala fide incarnate.
    Actually, i personally wish that this case be settled asap and whatever the outcome, bumno will wish that they never existed.
    As the saying goes: “There is no redemption for fools.”

    Reply

  14. ” And I believe both Mahathir and Najib are family people. ”

    K Das – December 1, 2009 at 3:15 pm

    Judging from their modus operandi, I suspect they could be closeted Israeli agents ! The motto of Mossad is “victory by deception “:) It is a cat and mouse game they are playing – selective prosecution but the end result is the same – to achieve the political demise of Anwar !
    _________
    Ocho onda,

    Israeli agents? You are giving a bunch of amateurs in Special Branch and the PM’s Department more credit than they deserve even as closeted Mossad agents!! We can read their every move, and that is not smart on their part.

    We all know that the Sodomy 2 Trial is a just a sham. Evidence will be fabricated; witnesses will perjure for the prosecution; the judge will say “irrelevant, irrelevant, irrevelant” to evidence by the defence; V.K. Lingam will be asked (and he is always happy to do since Vincent Tan can pay him handsomely) to write the judgment on behalf of the presiding judge; and Mahathir will make his cynical comments while the media will be fully engaged to spruce up the performance of the AG and others. The question I am asking you is: what are we going to do about it? Will we be sacred, be indifferent or will we stand up and be counted so that we can put an end to this costly charade? –Din Merican.

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  16. ” The question we must ask now is: If Zaki is morally unfit to serve in UMNO’s disciplinary board, how could he be considered morally fit to be a federal court judge, not to mention his lightning elevation to the No.2 position, and anticipated imminent rise to the top job in the judiciary? ” – Frank – December 1, 2009 at 4:12 pm

    It is blatantly obvious that they would if they could,had appointed a kangaroo, to protect the protracted interests of all the corrupt frogs and princes of Boleh-land. It is interesting to note that Zaki’s appointment came immediately after that infamous court ruling involving the then Regent of Negri Sembilan ?

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  18. Apabenda, you talk about justice in the courts. There can be no justice, if the judges are made to serve people in power and vested interests.

    As long as our courts are subservient to the Executive Branch and can be influenced by private interests (as in the Lingam ” Correct, Correct, Correct” video clip case), there can be no justice for ordinary Malaysians.

    At least, I hope you can try to understand this above straightforward statement. Or do you have wait to experience the kind of the treatment Anwar Ibrahim is getting now from the authorities?—Din Merican

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  19. During the Mahathir era-essential services like the hospitals were listed on the stock exchange so that monies can be made from hardworking Malaysians, the courts were made unimportanant to the public seeking remedies-in fact the superior courts were moved so far away from KL that not all citizens could attend court. The courts have become another government department.After Salleh Abas-the Malaysian courts are rotten to the core! there is no more credibility. Sad!

    Reply

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