By Angus Whitley
From Bloomberg.com
Aug. 20 (Bloomberg) — The first time Anwar Ibrahim, Malaysia’s former deputy prime minister, was accused of illegal sex with a man, the court proceedings so dismayed a Universiti Malaya law lecturer that he told his students to throw away their textbooks.
“What’s admissible is irrelevant, what’s relevant is not admissible,” retired High Court Judge Shaik Daud Ismail said he told his class after the trial that convicted Anwar started in 1998.
A decade later, with Anwar facing similar charges, Shaik Daud, 72, says Malaysia’s judiciary still needs reform.
“The system is crooked,” said Shaik Daud, who calls himself politically independent.
Anwar, 61, served six years in prison before his conviction was overturned in 2004. Now leader of the opposition, he says the new case was fabricated to stop him from ousting the ruling coalition that banished him the last time he was accused. Deputy Prime Minister Najib Razak, Anwar’s rival to succeed Prime Minister Abdullah Ahmad Badawi, denies that.
Lashing back, Anwar last month helped publicize a private investigator’s accusation that Najib had an affair with a woman before she was murdered. Najib, 55, denied ever meeting her. The investigator retracted the claim a day later.
The counter-allegations are testing a judicial system that even Abdullah has said some Malaysians see as corrupt.
`Liable to Manipulation’
“The system is liable to manipulation,” says Abdul Aziz Bari, an International Islamic University Malaysia law professor. “I am not sure whether it is good enough to handle all this.”
Malaysia’s chief justice, Abdul Hamid Mohamad, declined to be interviewed for this story.
Anwar pleaded not guilty on Aug. 7 to having sex with a 23- year-old man who worked for him. He’s accused under a law barring sodomy, defined as “carnal intercourse against the order of nature.” Violators face up to 20 years in prison.
Free on bail, Anwar plans to win a seat in an Aug. 26 parliamentary by-election and then persuade enough ruling- coalition lawmakers to join his opposition to oust Abdullah. In March elections, opposition gains left the ruling coalition with its smallest majority since independence from Britain in 1957.
In Malaysia, King Mizan Zainal Abidin appoints judges on the advice of the prime minister. Judges, not juries, deliver verdicts after hearing evidence from prosecutors and the defense.
Dismissed Judge
The judiciary lost credibility in 1988 when then-King Sultan Iskandar Ismail dismissed Salleh Abas, Malaysia’s chief judge, on instructions from a tribunal set up by Mahathir Mohamad, prime minister at the time.
Mahathir denied involvement in the decision, which followed a High Court ruling that his party was illegal because some regional branches weren’t properly registered.
In another 1988 move that critics say compromised independence, the government changed the constitution to allow federal law, rather than the constitution itself, to determine the reach of judicial power.
The amendment “disturbs the concept of the separation of powers,” the International Bar Association and other lawyers’ groups said in a 2000 report. “It tends to make the judiciary an arm of the legislature, an instrument of the executive.”
The handling of the Anwar sodomy case raised further doubts. As deputy leader from 1993 to 1998, he and Mahathir had clashed over the Asian financial crisis.
`Deja Vu’
As that rivalry heated up, Anwar was accused of sodomy with a man. Anwar successfully argued on appeal that the trial judge disregarded exculpatory evidence: A prosecution witness changed the alleged offense’s date. A policeman said Anwar’s DNA could have been “planted” on a mattress. The chemist who testified he found the DNA said he destroyed it.
The case was “embarrassing” and “did a lot more damage to Malaysia’s judicial-system image than it did to Anwar,” says Robert Broadfoot, managing director of Hong Kong-based Political and Economic Risk Consultancy Ltd. “There’s the suspicion of political influence. Is this deja vu all over again?” he added, referring to the new case.
As opposition leader, Anwar criticizes the system. Last year, he released a secretly filmed video showing a lawyer claiming to know about future judicial appointments during a phone call with a judge.
`Chronic’ Backlog
A royal inquiry found that the 2001 recording suggested an “insidious movement” to influence appointments. Abdullah, 68, in March responded by appointing Senator Zaid Ibrahim to push through reforms. The 1988 “crisis” still “haunts us,” Abdullah said in April, promising a new commission to vet judge candidates.
“The legal sector has been neglected,” said Zaid, a former lawyer. Judges are paid too little and face a “chronic” case backlog.
There are 903,000 outstanding cases in Malaysia, state news service Bernama said June 3. Malaysia’s chief justice, Abdul Hamid, earns 424,314 ringgit ($127,441) a year, including perks, according to the Malaysian Bar Council. In the U.S., Chief Justice John Roberts will be paid $217,400 this year.
Abdullah’s vetting commission probably won’t start work until 2009, and how much authority will rest with the premier remains undecided, Zaid said.
“I question whether the prime minister should be given the sole prerogative” on picking judges, said Gobind Singh, an opposition lawmaker. “That allows for an ultimately biased judiciary.”
Any legal shakeup should include the police, said Tunku Abdul Aziz, a member of a 2004 royal inquiry into Malaysia’s police.
In 1998, Anwar was beaten by Malaysia’s police chief, Abdul Rahim Noor, who was sentenced to two months in prison for the attack. Malaysia has yet to create an independent police complaints commission, the inquiry’s main recommendation.
“We discovered that every level of the police service was tainted by corruption,” Abdul Aziz said.
Menerusi Buletin Utama di TV3 pada 19.08.2008, TPM Datuk Najib Tun Razak ada memaklumkan berkenaan penurunan harga minyak. Sebenarnya menurut sumber yang boleh dipercayai, penurunan harga minyak seperti yang digembar-gemburkan itu hanyalah bersifat sementara sahaja. Harganya akan dinaikkan selepas Pilihanraya Kecil Permatang Pauh 26.08.2008 nanti. Para pengundi di Permatang Pauh harap jangan terpengaruh dengan perkara tersebut. Maklumat ini bukanlah khabar angin dan ia terlah diperolehi lebih seminggu daripada tarikh penamaan calon pada 16.08.2008 lagi. Harap maklum.
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Ne’er a truer word spoken.
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Swearing depends on the character of the person..
Try giving a convicted rapist a million ringgit to swear he did not do the crime.I am sure he will do it for free if he can be clear of the charges..
Why do I compare the convicted rapist and saiful??
Simply because he convicted himself when he reported he was sodomise and the Police charge DSAI with consensual anal sex.
So that means he is trying to frame DSAI with the sodomy charges..
His future is ruin as other people will brand him as a homosexual trying to frame his ex boss..
So why does he do it??
So I ask you why he went to see najib before he make the police report..What is the purpose.
The only reason I can think of is He is showing Najib he can help him bring down his enemy all by himself and Najib will owe him a great deal..
So with the sodomy charges gone his future ruin. Who would hire him? I surely would not as one day he could say I sodomise him. As it is proven he cannot be trusted..
So tell me what else could he have done other than swearing on the Quran..
And maybe he may even get sponsors for doing that..
Lawan Tetap Lawan
Sampai Merdeka Rakyat
See You DSAI in Putrajaya
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DSAI, isu sumpah sinful sedang hangat mereka gunakan untuk mengalahkan DSAI. Untuk menangani dan menutup mulut puak-puak umno (baru) ini, Saya cadangkan DSAI bersumpah aje. Ini terpaksa demi maruah walaupun Islam tak suruh. Buat depan Tok Guru Nik Aziz atau Tuan Guru Hj Hadi Awang. Dan nak bagus lagi ajak sekali Mufti Perlis jadi saksi. Gerenti terkedu puak-puak perangai yahudi tersebut. For me that the best thing DSAI should do to stop DVD sinful otherwise you have to counter the same thing over and over again. Tiring. Let eliminate the issue altogether. Once for all for this by-election.
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This a sick country…
It is sad to see everyday that the country is getting sick by the day.
A new can of worms are being open everyday, coming from every unthinkable dept
of the administrative. All the hard nail leaders, still insist to stay on in the office.
Still to have the cheek to face the public & the people the claimed to represent.
Other than dodging & self-enriching, what have they done…
1) incompetent education system from the primary to the tertiary level (it’s a joke)
2) low or zero integrity of the enforcer, rule of law, ruling party
3) mass mega project, with the pretext of development, hence personal financial development
4) fighting over some island while there are more things to look into (remember JB flood)
5) zero or low competitive edge (as much as someone debated with me, this country has the most layback attitude)
6) do I need to say more…
This country need it’s medication quickly before it’s just cans of worm.
cheers…
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Merdeka!!!!!! Merdeka!!!!!!!!!! Merdeka!!!!!!!!!! 51 Tahun (Dah 5 pemimpin AmNo memimpin, kini 1 Pemimpin Baru bakal memimpin negara) Beliau ialah DSAI. Teringatkan gambar2x PM negara semasa 50 tahun Merdeka. Kini dah 51 Tahun Merdeka so, yang satu tu DSAI la. Geng PKR buat mai poster camtu baru abstrak
Hidup DSAI.
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my family and myself will always pray for your safety and continuously having mentally and physically strong with excellence courage to fight for the new and vibrant malaysia.
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Tungku Abdul Rahman – Bapa Kemerdekaan Malaysia
Tun Abdul Razak – Bapa Pembangunan Malaysia
Tun Hussein Onn – Bapa Perpaduan Malaysia
Tun Mahathir – Bapa Pemodenan Malaysia
Datuk Seri Abdullah – Bapa Mertua Khairi Jamaluddin
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salam semua..
aku nk komen sikit ttg pendpt slyderrose di atas…aku rasa hang ni pun termasuk spesis atas pagar yg ada mirip2 faham UMNO…mcm 2 mudah hang nk selesai isu ni..hang nk ikut kepala otak dn perasaan saja,..bkn nak rujuk kpd perundangan dn peraturan islam..jgn la treat islam so simple like that..buat la research sendiri sbg seorg islam ttg ilmu/hukum2 dlm islam…jgn buat research hang sekadar merujuk kpd Utusan Malaysia @ TV3 saja…hang ingat puak2 UMNO ni akan terima mcm tu saja jika DSAI sumpah…Allah dah gariskan bab2 begini dlm AlQuran dan Hadis…baca dn faham isi AlQuran…sbb tu DSAI mau isu ini di settle mengikut garis dan peraturan agama Islam yg mulia ni..DSAI pun dah buat byk rujukan ttg isu ini..hang ingat dia dungu dn bodoh ka nk simply sahut cabaran UMNO supaya bersumpah…kalau kita ada prinsip sbg seorgn Muslim sejati maka kita tk akan cepat melatah ikut emosi…semestinya rujukan kita ialah pada AlQuran dan Sunnah….hang tgk la sama puak2 pemimpin UMNO yg berckp tu…imej dn praktis Islam dlm kehidupan depa mcmnana…
hang ingat ka, dulu semasa kes liwat tahun 1998, akibat sgt tertekan dn terdesak utk mempertahankan kebenaran, DSAI tlh bersumpah d Masjid Negara…apa jadi lepas tu…depa tangkap dn sumbat dia k dlm penjara jgk..hang nak kata apa??..DSAI dah ada byk pengalaman dlm kes2 begini…sbb tu kali ni dia cukup berhati2…dan sbg seorng Muslim apa lagi sandaran yg mesti dia rujuk kalau bkn AlQuran dn Sunnah…
tolong la jadi seorng Muslim yg berilmu, maksud aku ilmu2 berkaitan dgn agama Islam…jgn jdi ‘Take For Granted Muslim’…hukum hakam ttg perkara2 asas dlm Islam pun tak tau…yg sedih tu aku tgk setgh org Melayu Islam, belajar pandai..jadi doktor la, jadi engineer la..tp hukum2 asas fardhu ‘ain pun msh tk tau….org2 yg mcm ni lah yg anggap sumpah dgn AlQuran merupakan kemuncak dlm menyelesaikan sesuatu mslh…senang la kalau mcmni..bila nak jatuhkan sesuatu hukuman ttg sesuatu kes, suruh depa sumpah dgn AlQuran saja..habis Mahkahmah2 tu nk letak tang mana…sdngkan dlm Islam terdpt hukum2 yg jelas bagaimana nk menanganinya…hampa ingat Allah tu sapa? hampa ingat Allah tu mcm manusia ka? Allah swt Maha Perkasa, Maha Agung, Maha Mengetahui, Dia pencipta alam dan semua makhluk termasuk kita semua…maka sdh tentu ajaran agama yg di turunkn melalui Nabi2 dn Rasul2 itu benar dn wajib kita patuhi…
tiba2 dlm isu2 liwat mcmni hang nak suruh sumpah saja…semata2 nak penuhi cabaran UMNO tu….tolong fikir dlm2 sikit….kalau masih kelabu, serabut dn benak sgt, mengaji, cari ilmu.jadilah umat islam yg berilmu…baru la hang tak cepat melatah…
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What was happen to my country…….
Thats why we need to change now…
Everything when wrong…
Why we have to wait and wait again???????
KUASA RAKYAT!!!!!!!! UBAH!!!!!!!!!
http://www.electrologystlouis.com/index.php
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A big thankyou to Tun Matahari for teaching others how to fix one “SODOMY’.
President: Can everybody see that I am Mr. Clean, I have realeased the Tiger from the cage.
D.Pesident: Why the hell did you realease this Tiger, it is dangerous to us.
President: Don’t worry it is a wonded Tiger, it will never come back, it has gone into the jungle.
D.President: Look I told you that it will come back, and now it is back and really closing up on to us, what do you think we should do?
President: It is very easy, can you remember Tun Matahari’s formula?
D.President: Yes, very good idea you gave me at the right time, I know a sugerboy close with this Tiger, I will throw some bites which the sugerboy and comapny have not see in their life and we will reach our aim.
President: Good, do that.
D.President: Now look, our company is giving a lot of preasure for you to give up your seat, and I think its high time you give up, as I can handle the situation. Particularly the Tiger, it might jump on me any moment.
Peesident: I have not made much being Mr. Clean, its only now my son-in-law has started making for me, so give me 2 more years and I promise that I will hand the seat to you.
Unfortunately the Tiger is already closing up its target. LONG LIVE THE TIGER ANWAR.
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didoakan semua yang terbaik utk DSAI dan keluarga. Semoga Malaysia juga selamat. dugaan yang menimpa rakyat malaysia dan melayu terlalu banyak cabarannya. Mereka yang terlalu lama berkuasa ini perlu sedar
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Anytime is a good time for a change….. This country is indeed sick. Very sick of cancer. We need to do something about it and it starts at PP.
Some critisized DSAI when he was DPM. A lot has been said. But to me, he remains our best hope to fight injustice felled upon fellow M’sians. Why aren’t we all equal? I’m not against Malay rights, we have all kind of policies to jaga their rights. But don’t create the impression that the Chinese or Indians are any lesser than the Malays. Go thru history. We fight the Japs together. We die in battlefields together. We negotiate Independence from the Brits together. DON’T EVER FORGET THAT!
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It’s time to change. AAB has been a big letdown. I’ve thought he’s a better PM than TDM but …. Not so much of a nice guy, huh! Racial policies must go. WE ARE ALL MALAYSIANS! Please don’t give the impression or try to make other races less than the Malays. Divide and rule don’t apply anymore! We are already in the 21st century, yet BN still living in the 50’s
Go thru our history books. The Malay, Chinese and Indians fought and die together during Jap occupation. We negotiated Independence from the Brits together. Please no more dividing the people of this once great nation. DSAI is the best person to lift us up again!
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DPM…….Najib………What a nightmare…huh! Why suddenly stop caci..ing Anwar-SODOMY case. Many of us know was you did last decade in PD! you bet….kesian the lovely star(not to mention name)..got drag by you into this shit… even someone from JAINS got instant mee transfer because of you….everyone heard this story and is not forgoten yet. God is catching up with you finally. So don’t play..play with allah.
To Beruk BN…KJ….who are you to issue a statement of burying… if you need a grave digger job……perhaps I can recommend 1 to you. We need many in Ipoh…free accomodation but food find yourself because you’ll create this situation of food shortage. This we can’t help you because we need to survive too.
Syabas Malaysia today & RPK……..on Thagarajoo confession(SD). Always SD come when needed. Allah might have loan his laptop and scanner to you because yo are so sincere and brave.
Wahai Polis Raja Di Malaysia…….still don’t want to give up ah….Go do your priority job to keep peace, don’t get carried away by some of your evil top hats. HAVE DIGNITY PLEASE>>>You are on rakyats payroll…not AAB,NR or MH is paying you.REMEMBER THAT.
Syabas The New Dawn Malaysia…….
DSAI……The truth has prevail….and thank to the non-stop doa leaded by TG Nik Aziz & his company plus all Malaysian who pray for truth to prevail in the own way….in whatever religion they are and whichever race they come from……Don’t forget the sikhs as well pray for this from Gudwara Sahib and some orang asli did it their way too even if they are bahai.
UMNO/BN….LU CAI SI BOI!!!! KO MAI SU AH!!!!
This is what to be be said to UMNO now after all the shit, conspiracies and lies they create (in Tamil) KOWAM WANDAL ONE SUTUK ADI PAIN.
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