Update 8 February 2010: As predicted, Anwar asked postponement for the trial just to disqualify the judge. As written before,
“He reckons that the conspirators are using the old tactics to ensure that he will be ostracized in the court of law. I am guessing that on the first day of trial itself, his legal team will further ask for postponement over the lamest of issues. I bet that they will not be satisfied with the sitting judge, citing the judge as unfit to conduct the trial. And technicality issues will continue to bog down the court’s proceedings.”
And so, The Federal Court had ruled out Datuk Seri Anwar Ibrahim’s appeal and with this, the trial which came about from the police report made by his alleged victim, Saiful Bukhari will commence on February 2nd, 2010.
After more than 1 and a half years of wild goose chase, we can finally see the beginning of the proceedings to determine his innocence or the magnitude of his crime.
Anwar Ibrahim is charged by law for performing a lewd act of sodomy on another human being in June 2008.
He is charged under the penal code of 372B.
As his trial drew nearer, he had set his troops to start the nationwide campaign to show that he is a ‘victim’ of a conspiracy. A conspiracy, he deemed as reminiscent to his earlier sodomy trials in 1998.
He reckons that the conspirators are using the old tactics to ensure that he will be ostracized in the court of law. I am guessing that on the first day of trial itself, his legal team will further ask for postponement over the lamest of issues. I bet that they will not be satisfied with the sitting judge, citing the judge as unfit to conduct the trial. And technicality issues will continue to bog down the court’s proceedings.
Basically, on the day of the trial, instead of pushing for speedier trial process that may free him (should he is innocent), he will prolong the initial hearing on the basis of some minor technicality imperfections.
Afterall, didn’t we often hear from Wan Azizah that he has an iron clad alibi?
Knowing Anwar’s modus operandi for the past decade, his lackeys will make announcements, ad nauseam during this trial that Anwar Ibrahim is a victim of a highest conspiracy in Malaysia. Never mind the fact that this sodomy charges came solely from his own ex-employee.
We always know that Anwar is a knee-jerk, reactionary kind of politician. He often acts without thinking. That is why we always find him doing ridiculous decisions and making ludicrous attempts to gain public sympathy.
His foray into the Turkish Embassy (under the pretext that his life is in danger via death threats) was one that we always remember. It exposed him as someone so terrified with his own guilt that he would want to hide in a foreign embassy so that police will find it hard to catch him.
In the end, after noticing that the police report made by Saiful will take a few weeks for the police to investigate, he came out from hiding saying that he hid in the Turkish Embassy because he was afraid of an assassination plot.
Later, it took him more than a week to make a police statement after he came out from the Embassy smelling like a coward (to some, he smelled like roses). Since he thinks he is above the law, he felt that he should not be called upon to make any statement.
One must not forget what he is. And certainly one must not forget the verdict of the Federal Court that had acquitted him on technical grounds.
The verdict, which Lim Kit Siang hailed as something that “can restore national and international confidence with a truly independent judiciary and a just rule of law” is so damning to Anwar Ibrahim that he forever be labeled as a sodomite.
Going back to the verdict of the Federal Court judges, how did they come to this conclusion? -
“even though reading the appeal record, we find evidence to confirm that the appellants were involved in homosexual activities and we are more inclined to believe that the alleged incident at Tivoli Villa did happen”
The judges got this from the testimonies of two people:
“The testimonies of one Dr. Mohd Fadzil and one Tun Haniff and the conduct of the first Appellant (ie Anwar) confirmed the appellants’ involvement in homosexual activities.
We all know who Tun Haniff Omar is. But who is Dr Mohd Fadzil?
Dr Mohd Fadzil Bin Man was the psychiatrist that treated Sukma Darmawan Sasmitaat Madja back in 1994 for the latter’s acute depression.
Not many people realise this tiny but very significant portion of the trial. This is because, this part of the trial was blackout from the media due to the request from Anwar’s legal team at that time.
But the fact remains, this is one of the those items that had convicted Anwar. Many argued that Sukma’s confession was coerced by the police. That may be so. And this form of extracting confession became the basis of that 2004 Federal Court judgment which had technically released Anwar from prison.
All 3 Federal judges stated that they did not rule out sodomy because there were evidences that Anwar did it. Anwar was released because the judges were suspicious that the manner of getting the confession might be inadmissible under the legal process. The key sentence here is – sodomy was not ruled out.
Now, what damned Anwar to prison in the first place was the prior confession of Sukma back in 1994. This confession took place years before the 1999 trials. Sukma confessed being sodomised by Anwar to this psychiatrist in November 1994 as he was suffering from acute depression. He confessed everything to this doctor. This doctor eventually became the 2nd witness in the 1999 sodomy trial.
Note that Karpal Singh vehemently wanted to rule out Mohd Fadzil’s statements during the trials. His reason? Because Mohd Fadzil will violate the Hippocrates Oath should he disclose his patient’s confessions.
The Court decided otherwise saying the matter of seeking the truth is much greater than any Hippocrates Oath. To me, Karpal’s lame excuse made Anwar looked even more guilty.
Furthermore, Christopher Fernando, in exasperation, claimed that the doctor’s statements may cause ruin to Anwar’s case!
Very interesting indeed.
Excerpts from this part of the trial can be read here.
Now, with regards Tun Haniff Omar. We all know the infamous line uttered by Anwar after he was confronted by the then IGP at his home.
“Are you going to blackmail me?”.
Which Tun Haniff Omar replied, “We are not in the blackmailing business”.
Now, if I really did not sodomise anybody, I would have been really angry towards Tun Haniff Omar’s allegations and asked him to leave my house or even ask for proof.
But Anwar did not. Instead, sounding like a guilty person that he is, he asked, “ARE YOU GOING TO BLACKMAIL ME?”.
Anwar never denied this claim either.
The only way out is to show people that he is a victim.
But we know better now.