NUFFNANG

Monday 14 March 2011

The end is near for Anwar / Sodomy 2: Has Anwar lost the perception war? / Sharkar on judge's power to order for DNA sample

The end is near for Anwar

Anwar goes on the defence

Datuk Seri Anwar Ibrahim is at his lowest ebb since March 2008 and he is turning to the ceramah circuit to defend himself against multi-pronged attacks.
ONE of Datuk Seri Anwar Ibrahim’s oldest and most loyal friends ended his days as a widower on Thursday night.


Tumpat MP Datuk Kamaruddin Jaffar, better known as Datuk KJ, remarried a year after his first wife died of cancer and the guests of honour were Anwar and Selangor Mentri Besar Tan Sri Khalid Ibrahim.

But the honour of making the speech was given to PAS politician Dr Syed Azman Syed Ahmad of Terengganu. Dr Syed Azman was the matchmaker for Kamaruddin and his Malacca-born wife and he almost brought the house down when he teased the newly-weds: “Last week, we failed to capture the Merlimau seat but, never mind, Datuk Kamaruddin has successfully conquered Malacca.”

It was a relaxing affair for many of the Pakatan Rakyat politicians that evening, and particularly for Anwar who has been increasingly under siege.

The PKR de facto leader is at his lowest point since his post-2008 political comeback. For a couple of years after the March 8 “tsunami”, it seemed like Anwar could walk on water. But very little has gone right for him in recent months, be it his party affairs or the sodomy trial.

PKR people still insist he is Pakatan’s Prime Minister-in-waiting. But most PAS and DAP leaders have stopped talking about the road to Putrajaya. They are more concerned about whether they can hold on to their seats now it is clear they are unable to hold on to the Malay vote.


Anwar has just climbed back from the precipice in the sodomy trial. The trial had been inching towards revealing the identity of Lelaki Y (Male Y), the term investigators used for the mystery man whose DNA was allegedly found in Saiful.

On Tuesday, the courts ruled that several items with the DNA of Lelaki Y could not be tendered as evidence. It was a big win for Anwar’s legal team because the evidence would have tied him to Lelaki Y.

He must have felt great relief because his detractors had begun taunting him as Lelaki Y when he campaigned in Kerdau. He was greeted with banners that said, “Mr Y, selamat datang ke Kerdau” - and that was one of the more polite banners.

On top of that, he had to endure a “joint ceramah” with his female nemesis Ummi Hafilda Ali who was speaking just a stone’s throw away from him. People on his side of the ceramah could hear quite clearly what she was saying about him, and it was not pleasant stuff.

PKR secretary-general and Machang MP Saifuddin Nasution denied that Ummi rattled his boss that night.
“Anwar has been through a lot. It takes more than that to upset him,” said Saifuddin.

But PKR politicians are rather wary of her given the crowds she pulled in Kerdau and Merlimau. Besides, who else apart from Tun Dr Mahathir Mohamad has spoken so explicitly and daringly about Anwar?

Anwar’s detractors would like to think that his downward slide began after he failed to deliver on his Sept 16 claim.
But the real slide started after PKR’s trouble-ridden elections last year and the defections from his party. It gave the impression that he could not control PKR and that his priorities were too wrapped up in his court case.

Some think that Anwar is in the midst of one of those perfect storms.

Apart from the trial, the publication of Dr Mahathir’s memoirs has sort of switched things up. It could not have been worse timing for Anwar. Dr Mahathir has repeated his accusations about Anwar’s sexual exploits, this time in print.

At the book launch, a mischievous Dr Mahathir said he was “trembling” at the thought of being sued. Of course, he was telling Anwar to “bring it on, man, bring it on”.

The people around Anwar are furious about the book.

“I’m not buying the book. It’s a story we have heard before,” said Muaz Omar, an aide of Azmin’s.

At the PKR political bureau meeting two nights after the book launch, several party leaders felt that Anwar should not let Dr Mahathir get away with what he has written.

“Anwar’s stand is that he had long ago decided to move on where Dr Mahathir was concerned. He said he’s not interested in challenging an old script and he doesn’t want to be stuck in another court case,” said Saifuddin.

Anwar prefers the court of public opinion rather than the court of law. He has been on a ceramah blitz ostensibly to promote the Pakatan manifesto, the Buku Jingga, but also to counter the renewed attacks against him.

Dr Mahathir has become a central target of his attacks the last few days. He does not rebut what Dr Mahathir is saying about his sexuality but he has hit out at the former premier’s cronies and his children’s businesses and wealth. He seems to be steering clear of Ummi, though.

Anwar also suffered a setback when a hoped-for meeting with US Secretary of State Hillary Clinton did not materialise. Shortly before Clinton’s visit, a news portal reported that a meeting was being lined up. It was a rather strange report because the meeting was apparently never on the cards.

There has been a cooling on the part of the US administration towards Anwar’s cause and Clinton’s stance during her recent visit was in sharp contrast to that of Vice-President Al Gore at the height of Sodomy 1.

Moreover, Clinton’s visit follows improved ties between the United States and Malaysia. The Obama administration sees Datuk Seri Najib Tun Razak as a Muslim leader with whom they can sit down and have a dialogue.

In that sense, Anwar’s crusade against Apco may have more to do with Apco’s role in presenting Anwar’s sodomy case to US lawmakers than Apco’s so-called Jewish connections.

The lobby group has explained the trial in a way that Americans can relate to, that it is an alleged sexual harassment involving an employer and a subordinate and the trial is a result of a report lodged by a complainant, unlike the first trial where the Government was the main initiator.

But the most damaging strike has been the Wikileaks report quoting Singapore Minister Mentor Lee Kuan Yew as saying that Anwar knowingly walked into a trap. Singapore has played down the report but has not denied its contents.

The success of Najib’s visit to Turkey was another blow to Anwar who counts Turkish Prime Minister Recep Tayyip Erdogan as a friend and supporter.

Erdogan had welcomed Najib in Ankara, saying, “this is my brother Najib and I am happy to have him here.”
Their scheduled 10-minute four-eyed meeting over-ran into 45 minutes and Erdogan insisted on a joint press conference. The Turkish Premier also eschewed protocol and insisted that Najib ride in the same car as him. It was a political coup of sorts for Najib.

All these events add up to a challenging time ahead for Anwar and his party.

“I can’t blame Anwar if he feels he is all alone. He has been consumed by successive crises and there are now less people whom he can count on to defend him and do the attacking. To him, the trial is to stop his political ambitions and his goal of power, and it is taking a lot out of him,” said Merdeka Centre director Ibrahim Suffian.
Reporters covering his trial said he seems to be holding up well and is still able to see the lighter side of things. For instance, when a witness was asked to identify him, Anwar, who was sitting in the dock, playfully dodged as though trying to hide.

He is reportedly upset that PKR members have not been turning up in court to show him their support.

Recently, party members received the following SMS from PKR Tanjung Karang chief Yahaya Sahri: “Salam, sokongan DSAI di mahkamah amat merosot hampir tiada. Saya ingin mencadangkan agar kita atur kawan-kawan kita drp cabang turun beri sokongan moral, klu kita bergilir pun ok, satu cabang klu hantar 20 org pun dah ok. Jadual mahkamah akan saya sms.”
Yahaya was urging PKR divisions to send members whether in rotation or groups of 20 to show moral support for Anwar because the number of supporters in court had dwindled to almost nil.


Anwar is the ultimate political animal. A lesser person would have cracked under the pressure. He told Saifuddin that when he goes on the ground and sees a big crowd, he feels motivated.

The crowds at his ceramah have indeed been growing and a lot of it has to do with his trial approaching a critical stage and the sensational evidence coming out.

Anwar, said academic Prof James Chin, is in “distraction mode”.

“He cannot devote his full time to Pakatan or PKR. The trial is taking away his attention and focus. But everything hinges on the next general election. If Najib does not get his two-thirds majority, he is in trouble. If Pakatan does badly then they are in trouble,” said Chin of Monash University Sunway Campus.

The attacks by Dr Mahathir, said Chin, has impact among rural Malays but less so among the urban crowd.
Anwar’s supporters also bristle at the suggestion that he has become a liability for Pakatan. But privately, PAS and DAP leaders are frustrated that Anwar has overwhelmed their political agenda.

Anwar, said blogger Syed Azizi Syed Aziz who is better known as Kickdafella, has image problems in the rural Malays areas and that becomes a problem for PAS. Outwardly, DAP and PAS still stand by him but, privately, they are riddled with doubts about the trial and his ability to hold things together.


Moreover, Generation Y, the youth cohort born between the mid 1970s and 2000, is not rallying around Anwar the way Generation X took to the streets to support him during his first trial. Generation Y is neither loyal to Anwar’s politics nor affiliated with the ruling coalition. They are as critical of Pakatan politicians as they are of those in Barisan.

As such, Pakatan’s claim that young voters are with them is not exactly true. The young voters are still out there and their vote will go to the party that can offer them a better future - and that means education, jobs, homes and a lifestyle of their choice.

Anwar is in a difficult political situation and he will be fighting many fronts in the months ahead.

tunku : if you can have supporters willingly to come to support you, then you days are numbered mr y. pas and dap too are fed up with mr y. the end is near for mr y.


Sodomy 2: Has Anwar lost the perception war?


In Finally, It's a matter of Perception (read via Hantu Laut's tweet, with thanks), Raja Petra Kamaruddin says Anwar is losing the war and blames the PM wannabe's advisors.
The way the case is dragging on with postponement after postponement is setting tongues wagging. They are asking: why doesn’t Anwar get the trial over and done with? Would it not be better that we get to the bottom of this whole thing and once and for all resolved the matter? 
The DNA issue is another matter that is confusing most people who are now asking what is Anwar trying to hide. They are asking: why not do a DNA match and prove once and for all that he is innocent? Maybe there is a legal strategy here that we are not being told about. But it certainly leaves a lot of questions unanswered. 
Let me say it again: Anwar is losing the perception war. Many who used to curse Tun Dr Mahathir Mohamad in Sodomy 1 and swear that Anwar was being framed are not cursing Najib Tun Razak in Sodomy 2 and feel that maybe the allegation could be true. 
Nobody knows more about the magic of perception and the so-called court of public opinion than RPK. He has weaved his magic not only for Anwar but for Ku Li, to whom he is still close, and Dr Mahathir. And if Pet or Pete had not been on our side at the right time (back in 06 when he was close to Dr Mahahtir and in 07 and the early part of 08) to try the previous administration, it might have been harder to take down Pak Lah and his band of merrymen.

Tomorrow, the Sodomy ll trial will listen to submissions with regards to the Prosecution's application that the Judge compel Anwar to provide a DNA sample. RPK's guess that "maybe there is a legal strategy (on Anwar's part) here" will be tested. In the meantime, however, Anwar continues to lose our confidence. People have been coming out to ask the de facto Opposition leader to get the trial over and done with. There was a gathering in Ipoh by a group of ladies yesterday and one more is being planned for 4 pm today. There is also one planned in front of the PKR headquarters in Tropicana, KL. (Pic above is taken from Big Dog's posting here).

But all these little political games are not important by tomorrow when the trial resumes. Another Brick in the Wall, who used to work very closely with RPK (and vice versa) before March 2008, has been reliably informed that there is, indeed, a strong case - and cause - to compel the judge to compel Anwar to go through a DNA match. 

Bad news for Anwar's advisors. RPK is right: Anwar should have fought Sodomy ll as a legal battle or political battle, but NOT both.

Now, read A Voice: Sharkar on Judge's power to order for DNA sample.

source : rocky bru



Sharkar on judge's power to order for DNA sample


Nothing piss a lawyer off than those untrained trying to write agreements or interpret the law by themselves. Lawyers have valid reasons to demand so but for some sneeky feeling, one could not discount the possibility of commercial reason being considered.


Never mind, there will be no attempt to interpret the law of evidence, Evidence Act 1950 with regard to Anwar's Sodomy II case by ourselves. What is written will be based on learned experiance and view of a lawyer friend.


The court had just detoured the prosecution plan to get Anwar based on forensic evidence of DNA found in Saiful's rectum that is supposed to match DNA samples left by Anwar on three items used in the detention lock-up - a "Good Morning" towel, toothbrush, and mineral water.


Supposedly there is nothing sinister about the samples. It is usual to gather such type of evidences and in that manner from suspected rapist and sodomites. The legal basis is similar to other method of collecting evidences.


No suspects in the world will voluntarily give evidences that will incriminate them in the court of law. So police work is essentially to collect evidence involuntarily left behind. Evidence collected is what in legal circle (although not sure in Malaysia) described as abandoned rights.

Last week, the prosecution applied to the court to order Anwar to give his samples. Anwar's response was typical politics as he tries to detour attention to alleged link of Najib and Rosmah in the death of Altantunya which has no relation to his case. Nice try but the public won't buy that.

As e-mailed by our legal source, the application by the prosecution should be based on two clauses - Section 73 and 165 of the Evidence Act 1950.

Clause Section 73 empowers the court to direct anyone to provide signature, writing or seal samples for comparisan with those found left behind at the scene of the crime. Read S 73 below:

Comparison of signature, writing or seal with others admitted or proved
73. (1) In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing or seal, admitted or proved to the satisfaction of the court to have been written or made by that person, may be compared by a witness or by the court with the one which is to be proved, although that signature, writing or seal has not been produced or proved for any other purpose.


(2) The court may direct any person present in court to write any words or figures for the purpose of enabling the court to compare the words or figures so written with any words or figures alleged to have been written by that person.


(3) This section applies also, with any necessary modifications, to finger impressions.
Note S 73(3) that applied this clause to finger print. This naturally means it could be applicable to DNA "finger prints." Off course, the defense team will claim literal interpretation to not apply to DNA "finger print.' The court will decide on Monday.


Section 165 of the same Act empower discretion on the judge to order Anwar to give his DNA sample. It is basically saying that the judge ultimate responsibility is to see justice is done and truth is unveiled.
Judge’s power to put questions or order production


165. The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form at any time, of any witness or of the parties, about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parties nor their agents shall be entitled to make any objection to any such question or order, nor, without the leave of the court, to cross-examine any witness upon any answer given in reply to any such question:


Provided that—
(i) the judgment must be based upon facts declared by this Act to be relevant and duly proved;


(ii) this section shall not authorize any Judge to compel any witness to answer any question or to produce any document which the witness would be entitled to refuse to answer or produce under sections 121 to 131 if the question were asked or the document were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under section 148 or 149; nor shall he dispense with the primary evidence of any document, except in the cases hereinbefore excepted.
Sharkar's Law of Evidence is quite clear on this particular clause. Few quotes below:
From the many authorities quote before, it is quite clear that under S 73 that the court may direct any person present (including the accused to) to give specimen writing or finger impression for the prupose of comparison. - pg 1319


For when he is exhibited voluntarily or by order, and even if the order goes to far, the evidence, if material, is competent. - pg 1320


The chief function of a judge is to see that justice is done between parties, and a too rigid adherence to set rules may sometime embarass the judge in the performance of his duties and defeat the end of justice. - pg 2488


He has a much higher duty to perform. He has to see not only is the proceeding is conducted strictly in accordance with the law, but to administer justice and to find out the truth. - pg 2489


With this object, the judge may also direct the production of any documents or thing. - pg 2489
It is not our personal opinion or attempt to play lawyer but quotes from an authority of law.


The court proceeding has established using oral evidence without much resistance from the defense team and any denial from Anwar that Saiful was sodomised by Anwar.


Medical examination had been done at it was found specimen of semen in Saiful's rectum and one dominant DNA found is not that of Saiful. The DNA profile from the semen was derived.


Supposedly the DNA profile of samples obtained left behind "voluntarily" by the suspect should match with the DNA profile from the semen, if teh judge had rejected the evidence in the "trail within trial".


DNA forensic testing serves that purpose as in to identify the DNA found at a scene of a crime with that of a person.


DNA testing has the highest probablity value and on par with finger print. It's application is more versatile and wider application.


If Anwar is cooperative and gives his samples for testing without much wayang, it will answer and end all speculation of Anwar's guilt once and for all.


If he is innocent, the DNA will prove it. There is no need to beat about the bush. All ends here including so-called claim of prejudice against Anwar.


Politically, this is the opportunity for the leader of the justice party to prove he is a fighter of justice. What more when it is himself that is on the line.


Otherwise, it will be seen that proper application of law is only relevant on others but not on himself. He is beyond the law and it is up to his whims and fancy. Corrrect correct ...?


If Anwar refuse to uphold justice, then it is incumbent on the judge to not astray from his responsibility.


It is not just about justice for Anwar to be considered, there is also justice for the victim Saiful.
source :  anotherbrickinwall

No comments: