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Court Can Amend Charge Against Anwar

Posted by admin

Saturday, 16 August 2008 21:38

KUALA LUMPUR, Aug 16 (Bernama) -- The charge against Parti Keadilan Rakyat (PKR) advisor Datuk Seri Anwar Ibrahim under Section 377B, which refers to voluntary carnal intercourse against the order of nature, can be amended by the court, said Bar Council deputy president Ragunath Kesavan.

He said the court was empowered to amend the charge to Section 377C of the Penal Code based on the appropriateness and requirement to ensure that the prosecution was carried out according to the provisions available.

"In this case, every legal provision and process of prosecution can be adopted and amended if the need arises," he said when contacted here.

He was asked to comment on the charge against Anwar following the swearing on the Quran made by Mohd Saiful Bukhari Azlan Friday at the Federal Territory Mosque, declaring that he was sodomised by Anwar against his will.

On Aug 7, Anwar was charged in the Sessions Court, here under Section 377B of the Penal Code for allegedly committing carnal intercourse against the order of nature on Mohd Saiful on June 26.

Kesavan said Mohd Saiful's swearing on the Quran Friday was not considered in contempt of court.

The Deputy Inspector-General of Police, Tan Sri Ismail Omar, when contacted declined to comment further beyond saying that what Mohd Saiful did was his individual right.

-- BERNAMA

Comments (31) Add Comment

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written by ahmadneil, August 16, 2008 21:44:57

Why amend when there is NO CHARGE against Anwar!Didn't we all hear Anwar says 'What Charge'?

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written by laksa maner, August 16, 2008 21:54:26

Malaysia "BO"Leh.

Ragu, memang meragukan. If you really hate DSAI, why don't you change it under ISA or death penalty without trial?

Are you human being? Are you believe in justice? Or you just a corrupted lawyer?

Tell us. You also invited to accompany Shafee to meet me in Moscow. We deal in a mafia style. Here, no Malaysian Law.

Muhammad Firdaus, Moscow

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written by Tompios, August 16, 2008 21:59:31

Most non Moslem don't really understand the significant meaning of giving such 'sumpah laknat'!! Swearing under God's name is bad idea for many people! For Moslem, this is the way for waiting God's punishment in the future! Most old folks still using this 'sumpah2' when there is no other way to solve between two people.

In Dusun language, 'basug' means 'dungu' more deeper in meaning then idiot or stupid! The whole systems that have been used by legislative systems are really contradict with the constitution in Malaysia. Malaysia has two system, Syariah and common law! Well, why we should use two system to solve one problem? This is very absurd since these people believe in Islam but using common law to solve their problem. Now, these people trying to use Syariah ways but a little bit different than usual. How can? I don't understand! This is giving me a picture that a target man (Anwar) will never can go far because the whole systems been used to damn him. Kinda weird!!

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written by shangrilapeace, August 16, 2008 22:02:47

Is funny. Seems like the young man is on his own fighting without support.
The other side could not charge Anwar earlier with rape but consent acts and looks like it is giving up the fight. But many govt senior servants are saying it is his right and personal action. Looks like accuser and seniors civil servants acts like magnet North poles or are very careful and no direct coaching offered?

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written by peter, August 16, 2008 22:10:44

So we don't need courts now? Since that full-of-shit-guy a.k.a Penoh-Sai did his swearing, has he proven his innocence? That full-of-shit-guy should submit to the syariah court since he's so religious. What is he afraid of? Let the syariah court decide. Why does the gestapo of M'sia protect him and keep that full-of-shit-guy under lock and keys?

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written by cwy, August 16, 2008 22:24:06

If God really cares to punish, He will punish you even you don't swear on Koran!
Saiful, and many corrupt and sinful UMNO mem,bers know very God that their God will never punish for whatever bad things they do!

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written by HARIMAU BIN ABDULLAH, August 16, 2008 22:28:05

Only a kangaroo court can do that, and only in bolehland can you find such thing.

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written by fairnessforall, August 16, 2008 22:56:31

If judges can amend the charges based on someone swearing on the koran, then why not we ask all the muslim criminals who are now behind bars to swear on the koran that they are innocent and did not commit the crime and those who do it should be set free. That will clear our jails and safe taxpayers money feeding all those jailbirds. What a most stupid rediculous statement. Only in Malaysia something like that can happen. Well I suppose if the police can change the report as and when required and refuse to give a copy of the report to the person charged, I suppose anyone can do anything. Bodowi can also take all the tax payers money and bank into his account or in Khairy's account.

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written by asianguy, August 16, 2008 23:05:44

I'm surprised that charges can be amended so easily.

Anyway, if it wasn't consensual sex, then one would guess that there would be (even more) signs of forced entry, like tears and bruises, which weren't what was noted by the examining doctor. In fact, what was noted was that there was NO evidence of anal sex, so the above is moot anyway!

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written by Highway16, August 16, 2008 23:12:53

If its not CONSENSUAL, then DSAI should be charge with RAPE, NOT SODOMY!!.

I think it will be an up hill task for the DPP.

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written by donplay, August 16, 2008 23:28:11

So Ragu

You working for the DPP or what? Who asked for your 'advice.'

Why the f..k don't you keep counsel to yourself and leave it to the DPP to press what charge what he wants. They don't need pointers from you. Just shut the f..k up!!
http://donplaypuk.blogspot.com

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written by ROBERTNGTG, August 16, 2008 23:51:42

Court Can Amend Charge Against Anwar

INI MALAYSIA BOLEH. ADA WANG ANYTHING ALSO CAN FIX.
SCREW THE GOVT.

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written by ganbing, August 17, 2008 00:25:07

Charge can be amended to rape but even more difficult to prove. The police have taken the easy way to charge DSAI with consensual sodomy so they don't have to prove force was used. But even then, it will still be a very difficult task to prove Anwar guilty without any physical evidence. It's just the word of Shitful against Anwar. If a pariah judge convict Anwar on that basis, the people wil be out on the streets.

I think the police do not expect to win this case. It could be just to drag Anwar to court to besmirch his name. All sort of sodomy stories will be trotted out. In the end, he'll be given a discharge due to lack of evidence.

But it won't work because nobody believes in the allegations anyway. The govt. is just giving itself a black eye.

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written by Sylvia, August 17, 2008 00:28:58

Until today the police still refuse to give DSAI's lawayer a copy of the police report against DSAI! Everyone still wondering the big WHY? Maybe still cooking up something to be amended like the medical report brought to the vietnamese doc to be signed after a week of interview by the police with DSAI's name added to it? Where is justice? No wonder US and the world at large wants to interfere to make sure the court case against DSAI is done in a fair manner!

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written by Sylvia, August 17, 2008 00:41:26

I am still wondering if a 12 year old can fight off his teacher who tried to sodomise him, why cant Saifool a strong young man of 20s fight off an old man of 61 whom he sworn had sodomised him? Tell that to a kid, he will call Saifool and really brainless bloodyfool!
Any gay will agree that to sodomise is not an easy task especially for an old man with serious back aches
Come on, Saifool, you are a gay and you know you will not have any future generations to suffer your sins of swearing about that and furthermore in the sinful un-islamic way...I wonder how you will answer to GOD on Hari Khiamat!

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written by Khan, August 17, 2008 01:12:48

This Ragunath Kesavan was instrumental in holding the recent controversial Bar council forum on conversion. And now he openly supports corrupt BN by saying court is empowered to change the charge as and when it fancies!

Something fishy here. Folks, be careful and dont get instigated by BN stooges who may be under different covers!

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written by omarkhayyam, August 17, 2008 01:24:24

when Pakatan Rakyat comes into power i love to see the amended charge again probably by then it would be " case closed due to lack of evidence"

dun we all know how people are charged in Malaysia

cheers

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written by Sabahfan, August 17, 2008 01:29:44

When you belong to a previleged group of malays, you can do anything under the sun, yet the other party will always be in the wrong...

for example, If they charge that Anwar committed the offence on Monday, and he shows a solid alibi for monday, they will say it was on a tuesday...

and when another alibi is found that he was somewhere on tuesday, the bloody BN dogs will say the charge is amended to wednesday..

SO what then happen if you have an alibi for the whole 365 days a year?

oooh then, UMNO police DOGS will say he did it when he was 6 years old... ha ha ha ha ha aha ha ha ha ha hhah ha ha ha

this is justice ala malazut boleh style... ha ha ha ha ha

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written by khongja, August 17, 2008 01:41:08

Hey this is BOLEHLAND remember!Anything can happen here.Bolehland justice! police !bolehland umno puks!
Be prepared for the unseen and unthinkable!

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written by AsamLaksa, August 17, 2008 02:51:18

Look, want to blast Ragunath, go ahead but at least find out if he is right or not in saying such. As far as I know countries like USA and UK allow amendment of charges even in the middle of a trial on exceptional circumstances though it may piss off the judge depending on how appropriate the amendments are. They risk getting the trial thrown out if inappropriate. Nevertheless they can change they charge any time really before the trial with good reason. Not advisable but if you need to, then you need to. I do not know what the law relating to this in Msia is.

The argument that DSAI do not have the physical means to force any intercourse is really not an issue. You are assuming that a physically weaker person logically can't have forced sex with a physically stronger person. This is a fallacy. There is little need for force to rape if you have other means to force your way on the victim such as a threats i.e. someone pointing a gun at the victim's head to comply or 'don't fight back if you want your kids to live'. Women have been raped before on threats such as threat to their job or threat of their wrongdoings exposed. Thus the notion of DSAI's bad back as a defence sounds great in the public eye but really is not of great value if other means of unlawful coercion was used. Anyway that is moot as now the charge is amended to cover consensual anal sex.

Now the prosecutor is still faced with a mountain of a task to prove any anal sex occurred unless they have some form of hard evidence such as a video recording (Chua Soi Lek revisited). Having DSAI's DNA all over another mattress is no big deal as you have to show that the DNA could only come from a sexual intercourse and that it should fit the picture of the charge. Which means DSAI's blood or saliva on the mattress means little. I am interested to know what the prosecution team has in terms of evidence.

However look at it this way, I was worried with the original charge as it is harsher and you never know what the prosecutor's cards are be it some video tape or voice recording. Are Saiful, the prosecutors and any conspirator willing to set up DSAI without manufacturing/procuring some hard evidence? Is this more of their stupidity? Now, when they make the charge weaker (I dunno if it carries lighter sentence) it made me feel more assured that they do not have solid evidence against DSAI or else why 'lessen' the charge so to say. I hope this backward trend will eventually lead to the charges getting dropped.

Personally I do not care if DSAI really did consensual sodomy or not (it's different if it's about unconsensual sex) . The only reason it's a big issue is that any conviction may disqualify DSAI from parliament. I do not care if a politician likes performing anal sex be it male or female. I do not even care if they are bisexuals or homosexuals. As far as Msian law is concerned oral sex can also be criminally charged. Why still this medieval mindset of what is 'natural' or 'unnatural' sex? So if you are a closet gay (homosexuals surveyed at 1 in 10 of world population in the 1990s) you run the risk of losing office.

BTW, I do not care if my opinion is unpopular. I was also unpopular in not calling for Chua's resignation during CSLgate. After all, his wrong is not so much the adultery which many other bigshots are doing but rather in getting exposed. What we are punishing CSL was for getting publicly found out and telling others to be even more careful with their secret liaisons. It makes it easier for others to use threat of exposure to manipulate your leaders else they end up like CSL. I would only call a minister to resign if they have been incompetent at their job.

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written by tryme, August 17, 2008 02:52:16

i dont know what saiful say in sumpah that day, did he mentioned anwar only or in full name? may be he really sodomised by other anwar not anwar ibrahim, so he still save for sumpah with Quran.

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written by temanmu, August 17, 2008 03:43:04

Personal affairs between two consenting adults!

Why does the police want to be a busy body? There are many other serious crimes to solve... not who pokes who?

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written by Debbie, August 17, 2008 08:49:08

change to their own whims and fancies........yah ..bodohland..semua boleh

smilies/angry.gif

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written by avj, August 17, 2008 08:56:04

This is boleh land,everything is possible except justice,honour,truth and fair-play. Unless this regime is replaced,all that is vile will continue.

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written by exzxr, August 17, 2008 09:37:12

What a joke! They don't even know what to really charge dsai.Changing here & there like babies changing diapers.The whole system need a major overhaul!

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written by YSL, August 17, 2008 10:05:36

No! Court can never amend charges against Brother Anwar Ibrahim !

Do you all want to know why ?

It is because, effective 16.09.2008, Brother Anwar Ibrahim is the Prime Minister and no one dare to come forward to make any amendments!!!

Am i right about the above prediction !!

Pleae vote me up !!

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written by born2reign, August 17, 2008 10:23:18

Tecnically, Saiful has never lodged a police report, because even after the charge is read, still no police report.

What do you call a man shouting on top of voice, talking to an empty stadium? Crazy man.

Saifool is shouting and shouting, no one is listening.

Don't bother, eventually, he will lose his voice. And his name will be Crazy.

And as a Christians, we are forbidden to swear even by our own hair, let alone God or Holy Bible, I pray that God have mercy upon you and forgive you for you sins if you repent.

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written by orangdunia, August 17, 2008 12:47:45

Actually, the conspirators have already been punished since 1998. Investigate and see how they have been punished. I don't want to quote examples but trust me, check out the major players in the first sodomy charge, many of them have not had happiness since then.

Even UMNO as a party has never seen peace since then.

As for the rest, be patient, their punishment will come on earth or in the next world. And they better pray that it comes on earth, if by the Will of God it is left to the next world, it will be much more severe and eternal in nature.

Let no man believe that he is above God.

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written by Sylvia, August 17, 2008 19:23:05

If the court can amend the charge just because of Saifool's swearing, then DSAI can also play dirty by planning to frame anyone in BN's cabinet e.g. Najis or Khair or even Bodowi.. then get that planned guy to swear upon the Holy Quran on the planned allegation since that un-islamic way can be taken as evidence.. simple enough, dont you all think so? If Saifool can lie and swear, why not others?...(of cos, provided BN wont practise double standards, taking Saifool's swaer and not others lah!) Come on, DSAI, think of a good plan and tit for tat then, since swearing can be made an evidence in Bolehland of our beloved Malaysia! Malaysia Boleh!!

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written by ekt tan, August 17, 2008 20:59:49

Bolehland can fix anything and everything. The government will continue to demolish Anwar at every turn. They are the Gestapo and the police force and the judiciary are the SS Officers sworn to protect the regime.

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written by Fart Fart Wah, August 18, 2008 02:10:04

UMKU..UMNO MELAYU KURANG UPAYA...children of the MOTHER OF ALL *****S Started this sodomy thing..

use the KORAN why he cares he is a *****..use Allah?? who cares he is a ***** ??

how can you accuse a person of sodomy twice???
can..the ***** GANG CAN...THEY USE MONEY...

THE KORAN, USE ALLAH,,,,USE UMI KALTHUM
.....USE 50 REASONS WHY ANWAR SHOULD NOT BE THE PM..

AND ..VERY SOON THEY WILL PRODUCE 1000000 VCDS AND DVDS ON GAMBAR GAMBAR LUCAH LIKE SOI LEK......TO GET RID OF ANWAR..

WHY..TAKUT ANWAR IS GOING TO MEMBONGKAR...HOW THE *****S CHEATED THE MALAYS...

ALL PAID FOR BY THE RM 530 MILLION COMMISSION DARI SUKHOI PLANES AND KAPA SELAM BOUGHT FROM RUSSIA...

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