Malaysians on Fantasy Ride over Sodomy 2


October 29, 2010

Sodomy 2  Trial:  Ride into Fantasy

by Terence Netto

COMMENT The Sodomy 2 trial of Anwar Ibrahim has been awaiting its ‘Azizan moment’ and appears to have had it yesterday.

Real or Fantasy?

Azizan Abu Bakar was once a driver for Anwar’s wife, Dr Wan Azizah Wan Ismail, and was a witness in the first sodomy trial in 1998-99 where he claimed in court testimony that he had been repeatedly sodomised by Anwar. Under cross-examination by Anwar’s lawyer, the late Christopher Fernando, he admitted three times while under oath that no such thing happened to him.

The next day, under re-examination by a prosecution lawyer, he retracted his admission of the day before. But in the courtroom of public opinion, the case of Sodomy I had collapsed. Though Anwar was found guilty and sentenced to nine years in prison, the trial had withered in credibility long before it eventuated in a guilty verdict.

Since then the ‘Azizan moment’ has come to signify the instant when from the clutter of witness testimony a shard emerges. This shard is what the judicial process is after in our criminal justice system: that in the crossfire of the adversary system, as each side presents its case, something like ‘legal truth’ emerges. On the basis of this ‘legal truth’, the guilt or innocence of the accused is established.

Hitting rock bottom?

In yesterday’s proceedings of Sodomy II, Dr Mohd Razali Ibrahim, one of three doctors who had examined the accuser, Mohd Saiful Bukhari Azlan, told the court under cross-examination by lawyer Sankara Nair that he found the complainant’s rectum empty.

Because Saiful had earlier testified in Sodomy II that he did not defecate for two days after he was sodomised by Anwar, the discovery by the examining doctor that his rectum was empty was startling.

Sodomy II didn’t have to arrive at its ‘Azizan moment’ yesterday for the case to have been divested of its credibility. That credibility, steadily shorn off the case by the prosecution’s refusal – upheld by the judge – to furnish the defence with the police and medical reports that are the normative requirements of due process, took another blow on Wednesday from the prosecution’s refusal – again sustained by the judge – to supply the clinical notes that Dr Razali made when first examining Saiful.

The doctor needed to look at them before he could respond to defence counsel Karpal Singh’s probing questions. But neither the prosecution nor the judge saw fit to refresh the doctor’s memory through recourse to his clinical notes.

There were moments in this case where from the standpoint of its credibility you think that it has hit rock bottom. Think again, because there would be another moment where you hear tapping from underneath. Sodomy II is a far way from bottom.

21 thoughts on “Malaysians on Fantasy Ride over Sodomy 2

  1. Mamak Tulkan Phase 2. UMNO-BN Government is without fresh ideas on how to deal with the Anwar phenomenon. This cheap trick is embarrassing our country in the eyes of the world. Malulah, bukan majulah Malaysia.

    No Malaysian with a little common sense is going to believe that Anwar did “it” to Saiful Bukhari. It is not immaculate conception. No sperm in the Big A (the Reverse) and No penetration, so no case. Please, Najib, do the honorable thing and after that fire the Attorney-General, the crook called Gani Patail.

  2. The real shame of Malaysia will vibrate after Anwar has been found guilty and incacerated. That is when all those fixers and goon from the various enforcement agencies including judical system will meet the same fate as the late Augustine Paul, depised and hated.

  3. The complainant’s rectum was empty. So there you go. No foreign object protruding out of his ass. That was Saiful moment No. 2.

    Saiful moment No. 1 was when an irate witness took the stand earlier and identified Saiful as the asshole.

  4. Din, what’s going on?

    What’s all this about?!

    Read here!

    Not a word from you about this shameful PKR party elections?

    Come on Din, you can do better!

  5. Muthu,
    How’s Najib gonna sack the AG when maybe he’s the Crook of crooks.

    Mr. Bean,
    Haha good one!

  6. Weird??? Not so for those in the know.
    Aiyahh, just google laar

    here’s something from wiki

    Role in human defecation

    The rectum intestinum acts as a temporary storage site for feces. As the rectal walls expand due to the materials filling it from within, stretch receptors from the nervous system located in the rectal walls stimulate the desire to defecate. If the urge is not acted upon, the material in the rectum is often returned to the colon where more water is absorbed. If defecation is delayed for a prolonged period, constipation and hardened feces results.[citation needed]
    When the rectum becomes full, the increase in intrarectal pressure forces the walls of the anal canal apart, allowing the fecal matter to enter the canal. The rectum shortens as material is forced into the anal canal and peristaltic waves propel the feces out of the rectum. The internal and external sphincter allow the feces to be passed by muscles pulling the anus up over the exiting feces.

  7. Today judgement was also made against the claim by the son of the Thai woman whose land was fraudulantly sold to Adorna the developer I think. The Malaysian judges decided against the Thai because the developer genuinely believe the sale was legitimate.

    Similarly Saiful imagine and later honestly believe it was Anwar he felt was inside his anus. So what can the judge decide?

  8. Apa pulak ni? The physiology of ‘shitology’?
    Yup, Riders of the Lost Shit. No one needs to get constipated about all the legalistic ambushes. The defence team will have a fine time poking holes into the medical evidence. Even the complaint of vague abdominal discomfort, by the accusor, is questionable with an empty rectum. Would you like to look up the word “tenesmus”?

  9. The reason why the persecution refused to furnish the defendant with the original clinical notes is simple to understand. The notes have been destroyed. Remember the Vijandran case? The Attorney-General at that time destroyed all the sex tapes and Vijandran was left off the hook. This is the game that has been honed to perfection by the BN to win every case by the government.

  10. Silat Machiavellian in action, Pukai ISA standby, “Mother of all evil” stand behind.

    Mamak’s game of democracy in the bodoh land.

  11. Doctor’s clinical notes are the recordings the doctor makes while examining a patient. How could such records go missing? These records are contemporaneous records and are not hearsay and are admissible. It is obvious why they should go ‘missing’ because if admitted into evidence they will show discrepancies between this witness’s testimony and the record. Such notes could be used to impeach the credibity of this witness. Once impeached this witness’s testimony will have to be thrown out of court.

    This evidence is useful in many ways. If the witness says he cannot remember since it has been some time or cannot remember the details, such notes could be used to refresh his memory. If the prosecution wants to use the notes in court then they must be shown and made available to the defense before their use.

  12. Instead of working to further the interest of justice, the prosecution adopts an obstructionist approach to evidence while the country’s highest court relents by looking the other way. Of course, the defense can always make its application during trial but provided enough time is given so the defence could study and draft and make whatever applications necessary. There is nothing to prevent the trial judge from using whatever residual discretion available to him at common law to grant the application.

    Over here, the non-disclosure of exculpatory evidence, for example, is enough to overturn a guilty verdict.

  13. The courts and the judges are up against the might of Umno. The judges being Malay are constantly reminded not to “menderhaka”. They will forever be indebted to the “hands that feed them”. Only the few “foolish” ones dare to rebel but at what cost.

    Al Kutty knows this well and he uses it to his advantage. In the end it’s the Malays who gonna lose, come what may.

    And now they are telling the Malay masses that the 100-storey Warisan building is a symbol of Malay might. How naive can they be…

  14. u hv an UMNO judge. An UMNO prosecutor. and they will defend with their lives together with UMNO to hang on to Putrajaya. Anything else can be cast aside. whats integirty? what truth you want? what prayers? Nothing else matters but Putrajaya is everything. Gosh.

    and you know thousands are leaving the country for good?

  15. “you know thousands are leaving the country for good?”
    aca – October 30, 2010 at 4:38 pm

    I can vouch for the truth of the above statement from first hand experience. I am registered migration agent for Australia. My business is booming beyond expectation..

  16. And now they are telling the Malay masses that the 100-storey Warisan building is a symbol of Malay might. How naive can they be…

    Tok Cik – October 30, 2010 at 10:38 am

    —————–

    Far from being naive, they think we are stupid enough to fall for that one. If anything it is yet another phallic symbol in keeping with the Freudian tradition.

  17. Similarly Saiful imagine and later honestly believe it was Anwar he felt was inside his anus. So what can the judge decide? Thomas

    The judge should take a first hand look at Shitful bung hole and then decide. Usually judges can ask to see the site of the crime first hand so why not now. Can be done in camera. The judge should ask to recreate the scene of the crime, see how it’s done and then observe the look on Shitful face to see whether he grimmace or roll up his eyes in ecstacy. Then the judge can ask Shitful to take a couple of Brooklax and then poo poo and empty ass. No need for colonoscopy.

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