In a sex crime, the sole testimony of the alleged victim is not sufficient but corroboration is required. In the case against Anwar Ibrahim, however, there was no corroboration other than the sole testimony of the alleged victim.
THE CORRIDORS OF POWER
Raja Petra Kamarudin
Some of you may have been too young in 1998 to remember the first Anwar Ibrahim sodomy trial. With the latest court ruling on Anwar’s second sodomy trial (http://mt.m2day.org/2008/content/view/28387/84/), maybe it is time I take you for a walk down memory lane so that you can get a better understanding of how the first sodomy trial was conducted.
I will try to make it as simple as possible without too much legal jargon and ‘lawyer talk’. What you need to understand is how the trial was conducted and why I say it was a sham trial in a kangaroo court.
Anwar was found guilty and sent to jail for six years and seven months whereas in any other country the court would have thrown the case out without even requiring him to defend himself in a trial. In other words, in any other country the trial would not have gone on but instead Anwar would have been discharged without the defence being called.
Let us first see what was revealed in the trial and then in part 2 we shall look at the other issues:
1. The police admitted that no police report was ever made against Anwar and that the basis for launching the prosecution were unfounded rumours and the contents of a book.
2. The alleged victim, Azizan, had been ‘turned over’ to say that Anwar sodomised him (the term used for ‘coercing’) - which is the ‘normal’ practice of the Malaysian Police, the court was told.
3. The Special Branch had earlier sent the Prime Minister a report saying that the allegations against Anwar are lies and fabricated by conspirators trying to bring Anwar down.
4. The alleged sodomy act was supposed to have occurred ‘one day in the month of May 1994’. The police testified that this date was based on the information obtained during the interrogation of the ‘victim’, and this was what the first charge read.
5. The so-called victim then testified that the sodomy act never occurred after May 1992, only before that, so the ‘May 1994’ charge suddenly became defective. The charge was then changed to ‘May 1992’ to fit this testimony while ‘typographical error’ was cited as the reason for the amendment to the charge.
6. Anwar then file his Notice of Alibi proving that in May 1992 the Tivoli Villa, the alleged scene of the crime, was still under construction and was not completed yet, so it could not have happened at that time, date and place in question.
7. The ‘victim’ was then interrogated a second time to ‘help him remember the correct date’. After he ‘remembered’ the ‘correct date’, the charges were then, again, amended to ‘one day between 1 January 1993 and 31 March 1993’.
8. When the defence argued that the law requires the charge to specify, precisely, the time, date and place of the alleged crime, and when Anwar managed to provide an alibi for the entire 90 days from 1 January to 31 March 1993 to prove he was never at the scene of the crime, the prosecution argued that ‘from time immemorial, dates have never been important’. Though they cannot pinpoint the precise time and date the alleged crime was supposed to have occurred, argued the prosecution, this does not matter as long as they can pinpoint the place.
9. The trial judge would interview the defence before any witnesses are called to find out what they will be testifying. The judge would then rule those defence witnesses irrelevant and would not allow them to be called.
10. Halfway through the defence witnesses giving their testimony, the trial judge would cut them off and dismiss them without allowing them to complete their testimony.
11. The trial judge would rule certain evidence not relevant and would expunge them from the records whenever the prosecution was not able to rebut this testimony and it looked like it would damage the prosecution’s case.
12. In a sex crime, the sole testimony of the alleged victim is not sufficient but corroboration is required. In the case against Anwar, however, there was no corroboration other than the sole testimony of the alleged victim.
13. When the defence asked that the so-called victim be sent for a medical examination to determine whether he had indeed been sodomised – as there was still time to do so – the prosecution refused, saying that a medical examination is not conclusive anyway.
14. Anwar’s alleged partner-in-crime, his adopted brother Sukma, who was jointly-charged with him - and earlier sent to jail for six months for ‘allowing Anwar to sodomise him’ - was examined by a doctor, Dr Zahari Noor, who testified that he found no evidence he was ever sodomised. In fact, he suffers from piles due to an extremely small anal passage so it would have been impossible for Anwar to have sodomised him – he had to be operated upon to widen his anal passage so that he could move his bowels. (Anwar’s adopted brother was convicted and jailed on the strength of his ‘confession’ that was obtained under police torture).
15. Witnesses came to court to testify that various people in high places had bribed the so-called victim and his co-conspirator to fabricate evidence against Anwar. However, the prosecution refused to call these people to court to rebut or confirm this allegation, and when the defence tried to subpoena them instead, the court would not allow it to do so. The judge then ruled the testimony of these witnesses as ‘hearsay’ - since it was never confirmed or denied - and refused to consider it.
16. The prosecution witnesses contradicted themselves and changed their testimonies all along the way. The court, however, ruled that though they may have been inconsistent, ‘these inconsistencies have been explained’ and the court was satisfied. The court also said that no one human can be expected to be 100% consistent and that everyone, however honest and truthful he may be, will be inconsistent.
17. A prominent lawyer and one-time Malaysian Bar Council Chairman, Manjeet Singh Dhillon, testified and signed a Statutory Declaration alleging that the Attorney-General and the Chief Prosecutor had blackmailed his client with the death sentence unless he (the client) testified that he had procured women for Anwar. No action was taken against them and they continued to head the prosecution against Anwar. No action was taken against the lawyer for ‘malicious lies’ either, so the allegation remains undisputed.
written by Proarte, November 06, 2009 20:27:24
One piece of evidence which a psychiatrist gave however lent some credence to the allegations. Sukma apparently had confessed to him that he had a sexual relationship with his 'step brother'. Who is this person? Perhaps RPK can shed some light.
written by lynn, November 06, 2009 20:34:48
written by usurper, November 06, 2009 20:35:39
It is always refreshing taking a walk with you down memory lane. At least we don't get sodomized at the end. This trail of sodomy seems to now bang onto everyone including TBH. The BN regime has been training hard for 40 years, to be the greatest sodomizer in the world. This regime is the GLOCAL that Najib spoke about. No where in the world can 25 million people get their arse torn without even knowing that it is being done.
written by Stupid me, November 06, 2009 20:44:39
written by arazak, November 06, 2009 20:44:43
Some people says UMNO's future hangs on Sayfool's as$#ole! No, that is not true. . . ., as it is UMNO has no future whatsoever!
written by righttruthspeaks, November 06, 2009 20:46:24
How come he is letting these evil bn bastards -lunmo=mca=mic=gerakan commotting crime after crime and murders without taking any action?
God's "mysterious" ways???
MY FOOT !!!!!!
written by Ghifarix, November 06, 2009 21:05:19
written by malsia1206, November 06, 2009 21:07:00
Should the Prosecution conduct this 2nd trial in like manner as what transpired in the 1st instance, and Anwar finds himself convicted again, then
1. Anwar must be a victim of the gravest injustice perpetrated for extraneous reasons, or
2. Malaysia has the strangest criminal laws and evidence in operation in the most weird legal Courts in today's 21st century in the internatioal arena.
Either which reason of the the 2 mentioned, all Malaysians know what Anwar is up against even if there had been no criminals laws or Penal Code legislation in this country.
written by sydput, November 06, 2009 21:27:19
Ahd RPK kissed his hands knowing the injustice he had done not only to anwar, but to all rakyats.
That man is still honoured as he sits on the 88th floor of the petronas tower as an advisor, probably with similar power as the british ones during the rule of the sultanate.
written by JUST, November 06, 2009 21:34:00
Justice will be served ...... one way or another!
Evils will subject to eternity of God’s retribution!
GOD Bless All!
written by Bin Jaffar, November 06, 2009 21:37:16
I have one request -- could you please include references for the important points made (like an encyclopaedia article)? That's because whenever I try debating with members of my family, (who have been totally brainwashed by the mainstream media) they argue that the the information I get is biased or just rumours made by Anwar's supporters.
written by hellosunshine, November 06, 2009 21:39:22
written by Wudan, November 06, 2009 22:26:51
written by Takiaki, November 06, 2009 23:16:16
It makes me wonder how do these people, especially their master maha-thir, can sleep at night knowing the lies & sins they committed...
written by Daryl, November 06, 2009 23:16:32
written by truthbespoken, November 07, 2009 00:45:25
Your recent comments on DSAI have come out crystal clear in MT. So much as many people may agree with you on what's written, your relentless attacks on him in many articles may not serve the opposition's cause in the medium term. Politically astuteness dictates that he has to lead PR for now. The big picture is to dislodge UMNO.
PR should not be stopped dead in its tracks by CONSTANTLY having its leader attacked from within. Let's cross the bridge when we come to it.
written by Ocassey, November 07, 2009 00:46:36
Didn't GOD tell ADAM to go forth and multiply ?
WHO ACTUALLY WAS THE DALANG BEHIND THE WHOLE PLOT THAT BROUGHT DOWN DSAI....???
WHO WOULD BENEFIT IF DSAI's POST as DPM WAS VACATED ???
SSSHHHHEEEEESSSSSHHHHH..... THE SINNERS IN UMNO PLUS ITS COMPONENTS ARE WORSE THAN THE COMBINED SINNERS FOUND IN SODOM AND GOMORRA..... SEE ALL THE IN-FIGHTINGS IN PROGRESS.....SINCE EVEN DURING THE TIME OF DATUK ONN BIN JAAFAR !!
VOTERS MUST NOT ALLOW THEM TO RUN THE NATION ANYMORE. NOT EVER !!!
If our ancestors weren't that vigorous, we wouldn't be here right now !!
written by justice6, November 07, 2009 00:58:47
written by Bin Jaffar, November 07, 2009 01:59:44
written by Aduh, November 07, 2009 04:45:16
written by Bigdawg, November 07, 2009 05:11:31
BN is forcing this unjustifiable charge on Anwar; Anwar has no real need to clear his name to the world. He only has a real need to defend himself against a false accusation perpetrated by powerful gomen forces.
I have had many occasions to read your comments; I am of the conclusion your efforts are all focused on bringing discredit to Anwar, and ultimately to bring PR down.
I see your work as spin of the time KJ is known to be capable of.
For your information, we see both Anwar and Zaid as a good team in PKR; your veiled comments appear intended to drive a wedge between supporters of both men Anwar and Zaid ; you seem to be working for UMNO against PR.
Proarte, what is your game plan ?
written by NSTPravda, November 07, 2009 05:59:20
written by truthbespoken, November 07, 2009 08:53:18
The rubber band must not be stretched too much less it will tear apart. That goes for everything and anything, in life or whatsoever. So it’s better that opposition members not go beyond what is necessary to take away the remaining aspirations of the masses to unseat UMNO.. unless one is not aligned with the opposition’s endeavour. Are you?
Political veterans like LKS, Karpal Singh and many others would probably have done what you are doing now if they thought there was no chance for the opposition to takeover from UMNO. Instead they choose to continue with PR to fight the good fight. There must be good reasons for them to come this far and stay.
The PR Charter is now formulated by Zaid so let’s see where PR led by DSAI will go from there. A lot of political events may unfold within the PR structure even before the next GE. Let not anyone persist in rocking the boat and sink it before it shows more paddle power. Cooperation from like-minded people must be sought from all directions in this aspect.
written by truthbespoken, November 07, 2009 08:56:19
written by freerpk, November 07, 2009 08:57:22
written by temenggong, November 07, 2009 09:47:49
I think Anwar should graciously resign as the leader and hand over the position to Zaid Ibrahim as the interim leader.
In all likelihood, both Anwar and Uthayakumar will be imprisoned or made a bankrupt before the next GE. This gives us a rallying point. I too feel Anwar has bungled on KBP, Cowhead protest, Sabah, Asri and a host of other issues. Again, in all likelihood, not Zaid but Nik Aziz will lead Pakatan in the next GE.
written by Proarte, November 07, 2009 10:16:28
If Anwar was a real man of principle he would not have joined UMNO particularly when ABIM, which he co-founded was always in direct confrontation with the powers that be since its inception. Once Anwar was bought over by Mahathir and joined UMNO, ABIM too has lost its way and is now in the pocket of UMNO and their foreign Islamist sponsors.
Anwar was Mahathir's pet poodle and supported him all the way in all the atrocities he committed. Mahathir allowed Anwar to rise to the top as he was a useful poodle particularly with his 'Islamic posturing' which he was an ace performer. This was a useful tool to keep Malays under control and Mahathir though concerned about the increasing Arabism of Malay society tolerated it because UMNO had overwhelming Malay support. Anwar was ambitious and wanted to be PM earlier than Mahathir intended to retire. It was this petty power struggle which Anwar cunningly transmuted into 'Reformasi, Reformasi' when Anwar lost the political battle and his 'friends' in UMNO deserted him.
PAS had most to gain due to grass roots disgust at the way Anwar was treated and humiliated. It was merely a protest vote which saw PAS fortunes rise. However, they did not know how to handle power and wasted golden opportunities to reform Malaysia. The were adopting Taliban tactics which they stupidly thought the Malays had voted for. The 2004 elections saw PAS humiliated.
But they never seem to learn. In 2008, it was the disgust over the unrelenting rot in civil society which that bumbling fool Pak Lah presided over, which saw unprecedented support for the opposition. Again this was a protest vote and not so much because the opposition were so wonderful. The individual parties came together not because of common ideology but because they wanted power. It was a marriage of convenience; not one based on love or mutually agreed set of principles. This sham marriage is showing its cracks and people are begining to be turned off by Pakatan.
Unless Pakatan grabs the bull by the horns and does not prostitute itself to the sole interest and well being of one person in the name of Anwar Ibrahim, I will say it is DOOMED in the next general election. Anwar simply cannot lead the opposition in the next GE because he has too much baggage and his hated in Sabah by the indigenous people and rightful citizens.
Anwar has messed up big time there, he needs to GO! There is no need for any humiliation, he can just give up his posts graciously. He has failed miserably to keep Pakatan united and to rein in the 'trouble makers' and Taliban elements in PAS and PKR.
The moment I hear people saying that Anwar is the ONLY one to lead Pakatan is when it is confirmed that Pakatan is a weak organisation with no talent and people with no integrity in it.
As I said earlier, Zaid Ibrahim is best placed to lead Pakatan. I know for a fact that this is what is being debated in PKR and DAP circles now. With Sabah dead against Anwar's leadership and the looming sodomy trials, Anwar's position is very shaky.
It would be a disaster for Pakatan to have its leader spending most of his time court clearing his name over the Sodomy charges when it should have a leader who can give undivided attention towards strategising for the Coalition and formulating a New manifesto which must capture the imagination of ALL Malaysians who will be made to feel for ONCE that they really belong to Malaysia, with their race and religion being non-issues.
Anwar with his catalogue of betrayals, fraud and Islamic supremacist mindset, is simply incapable of such a task.
written by cheemengwong, November 07, 2009 11:07:38
Can you all remember Tong Kooi Ong? Phileo Allied Bank, West Port, Post Malaysia, and so on..?
Anwar is rich by any standard compared with many ministers who know nothing. Anwar planned and schemed and he is rich.
Many want him to fall. Those are the reasons those who walked the corridors of power wants to bring him down.
Sodomy.... ??? Think lah.
written by truthbespoken, November 07, 2009 11:34:40
Dear Proarte,
1) Thanks for revealing your noble stand.
2) If anyone disagree with anyone in MT, that's the normal thing to do.
3) It is not about sweeping things under the carpet or silencing criticisms per se but really to look at the long and short of things. Certain situations at different times demand different reactions. Dunno whether DSAI’s leadership will last in PR, as you have bluntly tried to justified it, with all the baggage he is carrying.. but if the people are now still supporting him to make further inroads into UMNO’s territory, he should be not be obstructed all the way for now. It’s not a BN disease. It is contemporary political wisdom. The opposition must support the PR cause whoever is its current leader. What is meant to be will be, if DSAI is not destined to be PM he will not be. Someone along the way, maybe a less controversial figure, may yet take over. People come and go but the continuing noble opposition cause must not be destroyed. Patience is a virtue under such circumstances. .
I rest my case.
written by ToeJam, November 07, 2009 11:35:32
written by Proarte, November 06, 2009 23:46:06
hellosunshine wrote: "This sodomy law is so outdated that it makes Malaysia seem like a country still in the middle ages" .....
Guess who 'endorsed' those laws as soon as he was acquitted from the Sodomy charges in 2004? It was none other than the 'Reformasi Icon' himself.
When a conservative country like India has now repealed the Victorian Sodomy and Oral sex laws, the 'Reformist' Anwar Ibrahim wants them to remain in the statute books!
And this man dare lecture to the world about human rights, justice and freedom of conscience!
He is nothing but a hypocritical moral coward!
Dear Proarte,
You silly person .... what else can the man say? Use yr common sense and put yourself in his shoe.... if he supports the sodomy law be repealed, then TDM (and probably idiots like you too) will now scream the other tune, that DSAI must have been gulity all along and hence he wants the law to be removed.
Once in a while try to think like an intelligent person and you might see the possible answers without getting too angry
written by Rock, November 07, 2009 14:22:30
I think a collective response by PR is more urgent now. The fact that the timely emergance of a coalition and a possible leader in waiting difinitely are good moves. Hope more to come to off-set the outcome of the DSAI case.
written by cancer5330, November 07, 2009 16:16:05
You seems to forget that the Pakatan rakyat won so many seats in the last General Election was mainly due to Anwar Ibrahim . Without him Malay supports particularly in the rural areas would not have swung to the Pakatan .Anwar Ibrahim was able to convince the Malays,( who have been very reluctant to support other political parties other than UMNO ), that they should not depend on UMNO for their survival .Even Pas's and DAP's win on the Malay support was as a result of Anwar's popularity . Although MCA ,MIC or Gerakan or PPP could represent the non Malays ,it is a well-known fact that only about 50% of the Indians and the Chineses supported them , even during it't hey days .Only the Malays which was around 80% of them that have been supporting UMNO .In the last GE 50% of the Malays supported Pakatan . In other words without Malays support there is no way Pakatan could win the next GE .At the present moment only Anwar could rally the Malays to his side not Hadi Awang , nor Zaid or any other leaders .Pakatan must get support of at least 80% of the Malays .
written by Taiping60, November 08, 2009 00:17:25
This is evil and whoever involved in the lies will be punished eventually.
written by GHT, November 08, 2009 11:17:33
PR must have a contingency plan in place.
written by KotaDamansara73, November 09, 2009 11:52:30
You have to blame Mahathir for what has happen to Anwar. He gave the ultimatum. Without him giving the ultimatum, this won't happen. But Mahathir has balls so big that produce so much testosterone, that he will never let people bring him down.
I know you have been very reluctant to blame it on Mahathir, but Mahathir needs to take the blame. Otherwise, this country will never move forward.
22 years ago Toyol was digging his nose in some village. See his mansion now.
Screw them all to hell