An Authoritarian Fantasy


August 18, 2010

Sodomy 2–An Authoritarian Fantasy

by Terence Netto @http://www.malaysiakini.com(August 17, 2010)

Judge Mohamed Zabidin Mohd. Diah, the Malaysian judiciary’s version of ‘Stonewall Jackson’, continues to proceed in Sodomy II by the light of his interpretation of the law, no doubt.

Yesterday(August 16) he rejected, for what must seem the umpteenth time (one loses count), an application by the defence – this one, to strike out the charge on the basis that the integrity of the prosecution has been compromised by an affair between the accused and a prosecution lawyer, an affair not denied by the involved parties.

azlanLike the American Civil War commander who ordered his troops to stand like stones in the face of unremitting enemy fire, Judge Zabidin stands as an immovable object against the irresistible force of the defence in the sodomy trial of Anwar Ibrahim.

Thus far in a trial that’s turning out to be interminable, the immovable object has not budged an inch.

While Jackson’s obduracy saw his first name become a metaphor for the quality his troops famously displayed, it is more likely that what fame (or infamy rather) Judge Zabidin’s rejections of applications by the defence would gain would reside in their repudiation in some future rerun of this case.

Given the sequel to Sodomy I, which saw Anwar Ibrahim acquitted after spending six years in jail, no one can say with certainty that such repudiation is not a future possibility.

Legal process not paramount

Judge Zabidin’s rulings and their ratiocinative basis have the unfortunate effect of reminding observers of the dark side of the law, as distinct to its fair side which is the law’s majesty and its philosophical striving for justice.

This dark side of the law tells us that while the law can begin in principles, it can be traduced by interests and these interests can be disguised as principles. Though the law is not an exact science, it is like science in its adherence to methods by which to arrive at a finding.

palace of justice istana kehakimanJust as in science a finding is said to be scientific if the methods of inquiry have conformed to correct procedure, so in law an outcome is said to be just if the legal process that led up to it has been adhered to.

In the jurisprudence of Judge Zabidin in Sodomy II, legal process is not paramount.

A lax application of the stricture against contempt during trial proceedings, the prosecution’s refusal to hand over medical reports and police reports, a material contradiction between the charge of consensual sex and the reported claim of the accused of having been coerced, and a story, not denied, of an affair between the accused and a prosecution attorney – have all been taken as having not compromised the process by which a just finding is to be arrived at.

This is not the modern conception of law. This is something else – an authoritarian fantasy, perhaps.

23 thoughts on “An Authoritarian Fantasy

  1. “Yesterday(August 16) he rejected, for what must seem the umpteenth time (one loses count), an application by the defence – this one, to strike out the charge on the basis that the integrity of the prosecution has been compromised by an affair between the accused and a prosecution lawyer, an affair not denied by the involved parties.”

    On the basis that the integrity of the process has been compromised by an ethics breach of a member of the prosecutiong team who has been let go, whose liaison with their star witness has polluted the process, whose imputed knowlege of police investigation papers makes the witness privy to same means that – in the interest of justice – the action must be struck off??

  2. On The Attorney-General, Gani Patail, RPK says:

    Aiyah! Prosecution star witness Saiful Bukhari Azlan bonking DPP Farah Azlina Latif. Then Prime Minister Najib Tun Razak aide Khairil Annas Jusoh bonking Saiful Bukhari Azlan. And now the AG himself bonking Head of International Affairs Division Azailiza Mohd Ahad.

    There appears to be a hell of a lot of bonking going on in the Palace of Justice. And with the Chief Justice illegally marrying a second wife in Thailand and then destroying the evidence to escape prosecution, like our Member of Parliament from Sabah, it makes one wonder how they even have enough time to prepare for the court cases.

    Read more: http://malaysia-today.net/mtcolumns/no-holds-barred/33855-okay-what-about-this-affair-then

  3. I am glad the MSM are not giving any more prominence to the sodomy trial. The Star did not allot even one line.
    Others just relegate it to the back pages with only few liners.
    Yep, it did not deserve coverage because it’s same old, same old.
    Do not have to go to the court to know it’s a repeat process, not moving at all.
    The scenario will be the same. After the proceeding is over the cable TVs like BBC, Aljazeera (not CNN) will be crowding him and he will be saying his piece. Then he will hop on to his car, proudly waving to his fans.
    Same tired old circus.

  4. walter

    You know what. Anwar is like dandruffs on my Zegna suit.
    His too. Kak Wan needs a brush to control the flakes from coming down.

  5. Soon when BN lost power, you wont be in Zegna suit anymore.
    Perhaps in loin cloth as your fore fathers on SS Rajula when first came to Malaya with Kutty’s.

  6. Good, good samsaimon. Better throw off your polyester suit.
    It’s your turn to wear Zegna. Equality man. Takkanlah your boss sorang saje wear Zegna or Hugo Boss or Turnbull and Asser kan.
    Anyways, my ancestors came on the boat from Sulawesi with Najib’s forebears.
    Kita orang Bugis and Acheh bro.

  7. “In the interest of justice”?? Anwar will not get a fair trial in any case. So I say, “In the interest of justice, let the games begin”. No one should be made to live indefinitely under the dark clouds of guilt hanging over his head.

  8. Oh keturunan ‘lanun’!
    Patut merompak dan mencuri harta rakyat !
    Pasti rakyat akan mengajar dengan seksama sampai masa nya nanti ! Insha Allah.
    Sorry Sayang bangsat, I never had a polyester suit. I too dress in style when I served in the govt. and I never told people. People with class knows what you wear !

  9. Sayang BN….dandruff on your Zegna suit , just change your shampoo to a halal brand -no big deal . Must be an NEP success story using branded products. Good on you !!

  10. Why the fuss over designer suits?
    I wear a 30 ringgit pants and a 20 ringgit T-shirt most times.
    The only consoling fact is , I earn approx.. 50k a month after tax deductions.
    Quite good for a jungle man eeh!

    Now , where were we..? ‘O’ yes Patail bonking one of his staff!

  11. Sayang BN…ditto to you. Whats wrong with Anwar trading his oversized Muhyidin batik shirts for Zegnas when he was DPM. at least he has a better physique than Muhydin and he was potraying a GLOKAL outlook advocated by Najib !!!! Cheer up its close to buka puasa.

  12. Sayang BN….good to know you have PKR friends. Tks for the invite but have some errands to do this evening. After Westin buka puasa, do drop by at CUBA for some Latino ambience,a Havana and perhaps some DANDRUFF on your Zegna just like Anwar!! All of us need a break every now and then. Cheers!!!

  13. PKR friends ? Those in the same league of zaharin, zul nordin, wee choo keong and a few kataks. Those are your friends, sayang bangsat.

  14. samsaimon
    You can insult me by calling me sayang bangsat. I dont give a toss.
    Do you see me getting angry with the late Frank for calling me Melayu bodoh malu bangsa.
    The names you mentioned are old geezers. Not in my league dude.
    I mix around with the late 30s and early 40s who are in my age group and up and coming PKR people. PKR friends? You questioned me with surprise.

    Hello, I know them since young. Some studied with me, some stayed in our house when they arrived to study and no place to go to while waiting for accommodation. They stay with us during Hari Raya and holidays. You may know PKR people from MSM, Blogs, TV or hearsay.

    If it matters to you, I know Anwar a long time ago during his student days. He comes over to our place to consult with my dad. We also know his father. But we are closer to his father-in-law. Politics do not cut friendship okay.

  15. Em, know Anwar during his student days.
    He is now 64. Student days must be around 22,23,24, em…
    And now you are late 30s going to 40s.
    May be my maths is bad…….you know him when you was around 2, 2 years old……bodoh! bangang punya lanun!!!! bangsat.
    Thats why Frank called you as Melayu Lanun bodoh memalukan bangsa!

  16. samsaimon

    You are really petty. I was wrong in omitting the student leader days in UM. Not his MCKK days.
    I m 41 now.When I was 14 I think I met him for the first time. Dad made us to salam with Abang. Anwar said panggil Uncle pun takpe.
    BTW, I am also in touch with people I know when i was 3 years old.
    If you are not livng in a cave, PKR and UMNO people always meet each other at wedding or funerals or any Malay family functions,
    Please tell me which sting garden (setinggan settlement) you staying because you come across as a bitter person.

  17. Sting Garden ?, you are insulting your own umno grass root members. Yes there are many umno cawangans around KL from sting gardens.

    They are cheated by your kind who stole and robbed what belongs to rakyat and made them still live in poverty and they blindly support the bloody warlords.

    Bitter person ? no I’m not a bitter person but I pity you, muka tak malu,yang suka membanggakan diri, sombong dan bongkak. It’s not the quality of a Muslim. Tak payah la na cerita kat orang, kenal orang tu, pernah duduk sana sini, its just because your dad was in Foreign Service. Not on your own merit. Sorry lah Sayang bangsa, Hari Raya nanti kita bermaafan, OK!

  18. Banyak tu you kena minta maaf.
    Tapi takper. You datang rumah I Raya nanti.
    Nanti you tengok, dude,whether I live on my own merit.
    P.S. I terpaksa cakap semua tu because you questioned me whether I have PKR friends.

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