Anwar Ibrahim: The Judicial System is fundamentally flawed


January 9, 2012

http://www.malaysiakini.com

Anwar Ibrahim: The Judicial System is fundamentally flawed

by Malaysiakini

Anwar Ibrahim said his acquittal in the Sodomy II trial is a “pleasant surprise” but stressed that the judicial system is fundamentally flawed.

Speaking to reporters after the verdict was read out, Anwar said trial judge Mohd Zabidin Mohd Diah had initially called accuser Saiful Bukhari Azlan a truthful witness. He explained that his defence team later brought international experts to rebut the prosecution’s case and succeeded in pointing out the shortcomings in the testimonies of doctors and other expert prosecution witnesses.

“There was no way they can proceed (in proving my guilt). That’s what (the judge) said in a short judgment,” said Anwar. Asked if his acquittal proves that the judiciary was independent, Anwar’s replied it was a mixed bag.

“I must concede the judge gave some space to act slightly independently, but the fact remains that the system is fundamentally flawed,” he said. According to a report by Al Jazeera, Anwar said that there was “some courage” shown by the judge.

Anwar has been highly critical of the conduct of presiding judge Mohamad Zabidin over the admission of crucial defence evidence in deciding that there was a prima facie case.

Azizah: We’re not out of the woods yet

His legal team had also previously complained that the prosecution had withheld certain evidence from the defence. Meanwhile, Anwar’s wife Dr Wan Azizah Wan Ismail said her husband was still not safe from further prosecution because he is implicated in a sex video scandal.

The sex video scandal is unveiled by the ‘Datuk T’ trio  – Shazryl Eskay Abdullah, Rahim Thamby Chik and Shuib Lazim – and depicts a person who resembles Anwar engaging in sex acts. The trio has thus far been convicted of publishing pornographic material but all three got off with very light sentences.

Anwar had previously claimed that the police are investigating whether he is really the man in the sex video clip. Addressing thousands of supporters who rallied at the court complex carpark later, Anwar urged them to now turn their attention towards helping the Pakatan Rakyat coalition in the next general election.

“We are now united (in our quest) to free the people,” said Anwar, in a reference to the ad hoc “Free Anwar” campaign.

32 thoughts on “Anwar Ibrahim: The Judicial System is fundamentally flawed

  1. I see the trolls are out in full force today. What’s ilham’s purpose again? If it’s to sway people’s opinion, he’s doing a bad job and deserves the boot.

    Back the topic, it’s not just the judiciary that is flawed. The whole country is. The fact that we have people that are okay with fabricated evidence or contaminated evidence speaks volume.

  2. “I must concede the judge gave some space to act slightly independently, but the fact remains that the system is fundamentally flawed,” Anwar Ibrahim

    The trial judge abandoned his role as umpire and acted instead as advocate from the get-go. He should be charged with the criminal attempt to pervert the course of justice.

    The judicial system is not flawed. The judicial branch is just not independent; and to prove it, it bears the scars inflicted by an interfering executive.

    The government is not in the business of winning a conviction but merely to punish. The case has depleted Anwar of his strength, financial resources and served to distract the opposition from the real agenda.

  3. If there is any flaw it is in the strategy followed by Najib. Bush had a brilliant strategist in Karl Rove. Najib should just fire his political strategist. The acquittal of Anwar Ibrahim merely serves to strengthen the resolve of his supporters.

  4. It’s a nightmare? Anwar is an insomniac? Not habitual, i assure you.
    Jibs, must be. The expanding mid-riff is a dead giveaway. Same like a beer tummy and ‘love-handles’. FLOM suffers from sleep apnea too. Causes snoring.

    The fact they tried to fix Anwar up, but failed, this time would be THE issue. So the focus would now be on similar cases. The Judiciary cannot defend themselves from poor public perception, except to act with expeditiousness – professionally and firmly. The main masak-masak with the Executive, has got to stop. Any idea how that can be achieved, Bean?

  5. The pending GE plays a role in the outcome of this trial; if AI is convicted, unlike the 1999 GE , there won’t be any Chinese votes to save BN ass.

  6. If the appointment of our judges is made through a transparent process, of individuals nominated to go through the process after due joint consultation with those on the bench and those in the legal profession, chosen from the ranks of learned men and women with proven records of integrity, who could survive public scrutiny of their private lives, then we could hope to see less of this travesty of justice that we see coming of all places from the Bench.

  7. maybe the verdict is an hint that the exodus of umno/bn is imminent and the judiciary is trying to change fearing their own exit, come new government.

  8. My 2 cents opinion,now that DSAI is found not guilty,l just don’t trust Umno/Bn,they surely have something up their sleeve,never take things for granted,be aware,always,the fight for Putrajaya isn’t over till the Fat Lady sing the blues,perhaps reeperbahn is correct,if the exodus is really starting,then,fold up your sleeves n get ready to rock,DSAI’s winning is but a small battle,it’s the War that counts,perhaps the Umno/Bn strategy is in winning the kampong folks,saying,”See,the Govt is really fair”,whatever it is,it cuts both ways,and we must always be on our guard,over confidence is a War looser,just take note.

  9. flawed? Yes , fundamentally flawed? No… Despite interference by the excutive branch which is clear as daylight and a below par AGs office , disturbing as it is , there is yet a glimpse of the human conscience and common sense seen prevailing regardless of how tight a spot one is put as manifested in todays judgement.. These core aspects of a humans mental faculty are fundamental and resons why we permit ourselves to rejoice over the acquital

  10. Political decision to release Anwar Ibrahim to prevent an uprise. But he Is free now. Persecuted using the tax payers money. The shame of Umno . Persecuting a man for power. The poor poor family. I wouldnt wish this upon anyone. So he is free now to rest and start again .

    The Judiciary is far from independent. Every thing about this trial and his acquittal is political with malicious intent.

  11. *everything about this trial is political and malicious and his acquittal is to show they are not tampering with the Judicial system to the International community.

    We are not dumb Umno , we see right through your games. The people will not become complacent anymore. The change has happened is happening and will continue.

  12. Ilham,
    Your Comment 10th Jan 1058pm. that is Exactly why the Judicial System

    is Fundamentally Flawed – that is the ‘truth’ which you do not understand.

  13. Talking about Fundamental Flaws in Judicial System ( i dont claim to be expert), it includes the Police, the MACC, the AG’s Chambers and the Judiciary in the TOTAL System. – better to illustrate :

    In place of Anwar, we put ” Ilham” as the Accused. in the First Sodomy trial before the late Augustin Paul ( we know he wrote more than 100pages of written Judgement). After two years of agonising trial, Ilham is handed a six-year Imprisonment term. Now Ilham languishes in Jail for 6 Years,( family in shambles). On the final Appeal to the Federal Court, Ilham is found Not Guilty – his ” Innocence” proved not mere beyond reasonable doubt, but beyond any shred of doubt…..
    Now Ilham, you juxtapose this Second Sodomy trial wasted two precious years to be proven by the Court, that you are not guilty ( not to mention that you are yourself eagerly waiting for the Third in the Trio-Shits….)…

    Ilhan, yes….YOU ! Now tell the whole world the pain & agony you go through….your entirely life in shambles….( i can tell you, some may have commited suicide…). Now this the PERTINENT POINT :

    A Legal System that has gone haywire and awry… JUST MERELY FOR AN ACCUSED LIKE ILHAM, HAVING TO PROVE HIS INNOCENCE ALL THE WAY for half your Lifetime….pray what Monstrous system is this ?

    So we have this Latin : Affirmanti Non Nenganti Incumbit Probatio ie: THE BURDEN OF PROOF IS ON HIM WHO ASSERTS, NOT ON HIM WHO DENIES..
    In your case Ilham YOU HAVE TO PROVE YOUR INNOCENCE ALL THE WAY….good for you….
    NB. I have another related matter for PKR if they come to power, because in such cases…. there MUST responsiobility & accountability by the Govt/Treasury to cover all Costs and COMPENSATION, so that the Authoritiies dont behave with IMPUNITY ( that’s for Ilham )

  14. “So he is free now to rest and start again.” – Kathy

    Rest? I’m sure he said that he was going abroad (Mumbai?) with Gandhi’s grandson the next day. If so, were the plane tickets already bought before the verdict was announced?

  15. Go away makcik aka the one who will never learn anything and is blind. go away.

    Well said Abnizar but I doubt *Ilham* (not applicable here) will undertsand what high language you utter.

  16. Abnizar, Indeed it is a system where you are guilty before proven innocent. then we should let it stay so that those Umno fools like makcik & Ilham can have a taste of their own medicine.

  17. go away makcik & Ilham dont waste your time here. go bodek (suck up ) to your Umno masters to get your freebies . Go lah. leave us alone

  18. Umno is your master, God is my master. so we dont click you know. go awaylah. nothing to learn for you here. you Umno bodek- ers know everything and are perfect arent you . so go away.

  19. ahhh but we are not talking perfection here, we are talking the checks & balances for imperfections i.e abuses.

    In Malaysia they dnt even want that, they want to control and tell the judiciary what to do (persecute)and when to do (the persectution, for how long)and who to do it too ( to persecute those who dont agree with them).

  20. Exactly Kathy, a system of checks & balances to MINIMISE ABUSES by Despotic Officials vested with ” powers” ! That’s the reason the Maxim came about after long period of Abuses… ” its better to acquit 9 doubtfull guilty people, than to wrongly convict one Innocent man….

    That’s why we are human beings Not Angels…..sheesh, talk about Perfection !

  21. Anwar is not magnanimous. He got acquitted and he still screw the judicial system that found him not guilty.

    Say-lah thank you FIRST and then later screw them up. Tak sompan santun pun.

  22. When Najib’s lawyer Shaffie said that he could convict Anwar when appointed as prosecutor over Anwar’s last and final appeal case that he could convict Anwar to jail within a few minutes in court. That was tantamount to confirming that planning was previously arranged under the kangaroo court. Finally, Anwar was put in jail for five years.

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