January 7, 2011
Thanks to Democrat for this Youtube Video
M Krishnamoorty says : “What if it is a Not Guilty Verdict?”
COMMENT: What if the verdict on Monday is: “Anwar Ibrahim not guilty”? You can call this wishful thinking by Anwar’s sympathisers. Some will say stop dreaming. From the Palace of Justice and halls of Putrajaya there will be echoes: “We told you so, the judiciary is independent.”
Can you imagine the editorials following a ‘not guilty’ verdict? A different song will be sung and the commentators will have a field day going on another spin that the government and the judiciary have always been fair.
A ‘not guilty’ verdict may also change the whole political landscape as Anwar may cease to be seen as a martyr. The sympathy factor may vanish.
Could it hurt Pakatan Rakyat or BN? Will BN be able to regain lost ground after several recent corruption claims that implicate the government and cabinet? Eventually, it’s how the voters perceive it.
All Malaysians hope that a fair and transparent judiciary will announce a verdict that will make Malaysia proud of its independent judiciary. If it’s a ‘not guilty’ verdict, it may come with conditions. According to a lawyer, Anwar may receive a conditional discharge not amounting to an acquittal. He may be set free, but the case may be reopened if any further evidence is uncovered by the prosecution.
“The semen,” he quipped, “may be found in another anus somewhere, and there is no telling how long a new case will drag on.” Meanwhile, the prosecution’s appeal may see the case going for another long-drawn battle.
Will sanity prevail?
Of course, a favourable verdict will see the former deputy prime minister’s defence team jumping for joy – having toiled over the case for almost two years. They will take pride that their submissions based on painstaking research have resulted in an acquittal for Anwar, despite all the prosecution’s contentions in court.
During the case, Anwar and defence counsel had reiterated that the court process had not been fair. But Anwar, at the same time, is hopeful that “sanity will prevail” and the judge would base his findings on facts and law.
One may recall that Anwar had screamed from the dock that “the court is unfair”. The defence had argued that there were cogent, compelling and incontrovertible evidence to support its argument that Anwar did not commit sodomy.
In mid-December, the defence also described accuser Mohd Saiful Bukhari Azlan (far left) as a “puppet” in the plot. It was claimed Saiful had inserted a plastic object into his anus to make it seem like he had been sodomised.
Anwar’s counsel Sankara Nair said since the plan to self-injure did not work, the prosecution later produced the KY Gel as a method to explain why Saiful suffered no injuries to his anus.
He submitted that the prosecution’s earlier allegation that Dr Mohamad Osman Abdul Hamid had added the word “plastic” later was “ludicrous and defied logic”. “Notwithstanding all the so-called ‘evidence’, there is no substantive evidence as presented by the defence that the crime ever took place,” said another lawyer.
Critical factor
The verdict may also be a critical factor in garnering votes for both Pakatan and BN in the forthcoming general election. Allegations that the verdict will be a predetermined decision will also hold no water if Anwar is found ‘not guilty’.
“Rumours that the entire proceedings were aimed at showing that they were blatantly unfair, will not be true anymore if Anwar wins this case,” said a law lecturer. It must not be forgotten that Anwar’s imprisonment after the first sodomy trial helped springboard the opposition alliance that later almost caused a tipping point for the opposition in the March 2008 general election.
Opposition leaders believe that his conviction and imprisonment would strengthen Pakatan’s chances of gaining a better foothold in the next general election.
Given all the pros and cons of the Sodomy II trial, everything rests with the verdict.
On March 8, 2011, High Court judge Mohamad Zabidin Mohd Diah (left) acted in all fairness by rejecting the DNA taken from items used by Anwar in a police cell, stating that it had been wrongly obtained.
His decision granted Anwar a rare and short-lived victory in the lengthy trial. On Monday, the verdict – ‘guilty’ or ‘not guilty’ – will rest squarely in the mind of Zabidin, who would weigh the case judiciously with all the pros and cons presented during the trial.
Krish says: “On Monday, the verdict – ‘guilty’ or ‘not guilty’ – will rest squarely in the mind of Zabidin, who would weigh the case judiciously with all the pros and cons presented during the trial.”
I am not naive for a moment to accept the above proposition. Najib and Co. did not go to the length and breath to fix put away Anwar to gamble on the independence judicial decsion of the judge. UMNO has taken care of the desired outcome by assuring the Judge his next paypacket and promotion are well secured.
UMNO is not interested in slavaging the image of the Judiciary by directing for non-guilty verdict. The one and only desire of Najib and Co is to make sure they remain in power at all cost and that includes puting away Anwar for good for a long time and this means a gulity verdict with a minimum years of incaceration that will see Anwar can never return to be a threat. The sentence will also serve as a severe warning to any other aspiring Malayopposition leaders. The national loot can only be enjoyed by BN and their cronies. let us not dream for the impossible. Brace down for another 5 years of BN rule.
Oh further, UMNO elitists would not want to see Anwar hanging around with a conditional discharge. The game is he must be screened out completely and not seen around . Malaysians have short memory .
The probability of a NOT GUILTY verdict is closer to Zero than One. The trial is political in nature and the Najib Administration cannot afford to lose its credibility having invested a lot of time and taxpayers’ money on the trial. The verdict will, therefore, be based on politics, not on the basis on evidence and the Law. All evidence given by experts for the defence will carry no weight.
Anwar may win on appeal, but this will take a few years hence. In the meantime, he will be in Sungei Buloh and cannot be on the campaign trail during GE-13. In 2008 he was charismatic and most effective as a crowd puller and vote getter. By sending Anwar to goal, Pakatan Rakyat will be denied of his presence. That is the assumption, but the reality is that in gaol, he will be even more effective because colleagues and associates will use in his incarceration as an issue, among other issues.
What about Anwar’s image? The Sodomy 2 charge and the Datuk T sex video did not hurt Anwar’s image. In fact, his political standing has improved in the eyes of voters as a result of this case. In short, Sodomy 2 is a Catch-22 for the government. Those involved in this fixing of the case are trapped in their own scheming.
Saiful Bukhari is not a credible witness, but the same Judge said otherwise. Is the Judge going back on his stance and say that Saiful is not a reliable witness? He is not likely. So, he himself is in a Catch-22 situation whether his verdict on January 9 is GUILTY as Charged or Not GUILTY. He should have recused himself when he had the opportunity. But now it is too late. He will follow in the footsteps of the late Judge Augustine Paul. –Din Merican
Anyway, those interested to show support against UMNO , please be there at Jalan Duta Court on Monday morning. Hishammuddin Rais and gang would be there.
We want change NOW ! Jom Ubah.
Anyone with a functioning heart and working brain knows that from start to finish it is a political trial whatever the judgement will be.A student of hadith told me that Prophet Muhammad 1433 years ago had forewarned that for every three judges two will go to hell but according to him now four out of three will go to hell.When I asked why four he told me that now it includes the Chief Justice.
___________
Rauf,
Hadith? Which? And reported by whom? Too many hadiths al tembak around these days. Are you sure this is not as reported by your student of Hadith some 1400 years after?–Din Merican
The verdict of “not guilty” would anger the hardliners in UMNO and would signify the end of DSN as UMNO President. His successor will then have to placate this group. UMNO will again miss the opportunity to gravitate to the middle ground.
Either way the verdict on Monday will be the ultimate “push-pull” factor in UMNO’s slow demise. The conception of Sodomy II was a mistake. UMNO did not foresee or misread that the consequences could have grown into a monster beyond their control.
Adieu UMNO…see you in the next life..
My bet is a ‘not guilty’ verdict at the High Court. We have seen some High Court judges who still have in them the integrity of upholding the Rule of Law. This judge may be one of those rare breed in Malaysia.
There will be an appeal to the Court of Appeal …… and Anwar will be unanimously found guilty by the judges in this court … for the simple reason that they have no other choice because they were following instructions from UMNO!!!
___________
Keep hoping, Azlan. We don’t have long to wait. As I respond to you, we are 13 minutes away from January 8, 2012.–Din Merican
There is a third scenario. The judge has disappeared and could not be found.
Decisional independence
The Shari’ah explicitly states that a judge must give an honest, knowledgeable and unbiased judgement on a case.
The Prophet (saw) said: “Judges are of three types, one of whom will go to Paradise and two to Hell. The one who will go to Paradise is a man who knows what is right and gives judgment accordingly; but a man who knows what is right and acts tyrannically in his judgment will go to Hell; and a man who gives judgment for people when he is ignorant will go to Hell.”16
16 Sunan Abu-Dawud, Book 24, Number 3566: Narrated Buraydah ibn al-Hasib.
Dato’ I hope the judge and CJ will remind themselves of this.As what Tuan Ibrahim the PAS Info Chief said the judgment will not just end here but will be raised again in the hereafter.
___________
I wonder who is this Sunan Abu-Daud? Thanks for the information –Din Merican
There is a third scenario.
The judge has disappeared and could not be found. They cannot have somebody else read the verdict. People could say it is a substituted verdict – and it is the judicial system that is on trial. Anwar Ibrahim happens to be the one to put it on trial.
“My bet is a ‘not guilty’ verdict at the High Court. We have seen some High Court judges who still have in them the intergrity of upholding the rule of law.”
That reasoning just doesn’t hold water. It makes nonsense out of the trial judge’s rulings on the evidence and on the procedures! His rulings on the evidence and procedures is consistent with one verdict and that is a guilty verdict.
And Rauf, don’t count on God to show Himself at the eleventh hour. God has opted for a non-interventionist role in the matter.
UMNO is in a bind.
The dye has been cast and for the trial judge to come up with a not guilty verdict now (assuming he could) would be seen as evidence of an impending UMNO defeat at the polls. It would appear that judges in their pay would not do their bidding. It would be seen as a victory not only for the justice system but for the Opposition.
The Judge is having a sleepless week, thinking about his Hamlet-like dilemma: Guilty or Not Guilty that is the question. He may fall sick and the verdict can be postponed to another occasion, leaving all protestors high and dry on Monday January 9, 2012. The Judge is obviously a courageous man to preside over this high profile trial involving Malaysia’s Leader of the Opposition. As I said earlier, he could have recused himself, but opted to remain as the judge for this case.–Din Merican
There need to be a legal reason for a judge to want to recuse himself from any case e.g. in a civil case, if the judge knows one of the litigants even remotely he is required by law to recuse himself from the case. In this case, it seems the guy had reason or reasons to recuse himself, going by Anwar’s counsel, but refused bringing shame to the garb he has on and to his profession. Anything new so far??
The trial judge apparently was under instruction not to recuse himself and thus sparing his handlers the inconvenience of having to go on a search for a substitute judge.
9th January 2012…. The judge declares a mistrial…and court adjourns.
Sodomy charge still holds.
No. Any motion for mistrial would have to be moved by counsel for the accused during trial.
Here the case has gone to the trier of facts i.e. the judge. Too late.
It is either guilty as charged or not guilty.
Highly unlikely as the original, upright judge Komathy Suppiah (my classmate in secondary school) was removed as the judge for this judicial charade.
My prediction — Anwar Ibrahim will emerge, just like Nelson Mandela, from his upcoming imprisonment as the Prime Minster of Malaysia.
May Dr M live long enough to see this !
Rauf, who is that Sunan Abu Daud? And are you sure it is literal the translation meaning Judges in court? Or does it apply to anyone who judges others?
It could also mean politicans, they know what is right but judge accordingly and DO what is wrong.
I think the old goat would croak before that.
Malaysia is on the reform pathway. Malays are confronting other Malays, the dominant ruling ethnics. Only Malays can redeeem malaysia from their kind.
Aside: poor Komathy, she should migrate to a country like Australia, where a person may be of statistical minority, but enjoys full equality in law. If she does not qualify under General Skilled Migration visa, she would certainly qualify for Special Humaniitarian Visa.
When Malays fight Malays, the Chinese say this is not good for business. This is Armageddon for them. The old folks among them have always feared, dreaded this. Hang Jebat and Hang Tuah fight their classic fight. Except this time, it is Hang Tuah who is doing the mengamock and threatening to burn the village down.
My 3 ringgit bet is still on: Not Guilty.
Terms and conditions may apply.
For political expediency, since the politics have taken a tumble and turn like a Rolling Stone. Mainly to show that the decayed, mummified, ossified and putrefied system is still pretending to work.
Wake up early guys and park your cars with the jaga kereta boys. I’ve got the crony contract for that, but it’s in Segambut dalam.
Kathy,Abu Daud is a very authoritative compiler of hadith and it refers to judges within the judiciary and those that sit on the bench and make judicial decisions just like the judge who will deliver the judgment on Anwar tomorrow.As Bean says God will not intervene at the 11th hour.Of course we never expect God to turn the judge or those above him into stone at the last minute.Perchance yes!
The truth is this whole episode is just a black political game and we cannot deny that God is watching and it is not for us to predict what God will do because all involved are Muslims.Sometimes He will pay in cash right in this world.Who else will intervene? The army has no tradition in meddling in matters other than pure military.The monarchy will only act on absolute advice from the executive.This episode will be documented in years to come as Malay leaders behaving badly.
“This episode will be documented in years to come as Malay leaders behaving badly” Rauf
This episode, some what like Helen of Troy, will be etched in the annals of Malaysian history for future genetration to glorify the present Malay leaders, that on 9/1/2012 it took great and small minds of the country’s Malay leaders and leraned Judges to decide on the destiny of this nation, based on the single incident of epic proportion over the vexing question of Saiful arse hole – was it peneterated or not?
Bean, Hang Tuah has retired and is now selling Hang Tuah Coffee next to Che Det Bakery.