Malaysia's Prime Minister Najib Razak, centre, has denied links to the 2006 murder of a Mongolian translator [AFP]
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| Kuala Lumpur, Malaysia - Most countries, if not all, have had a dose of political intrigue, a few lofty falls from grace, or the embarrassing blunders of elected officials. Yet even by this measure, the recent history of Malaysia has been utterly over the top. The tight general elections set for Sunday have undoubtedly been influenced by the culture of scandal that has permeated domestic politics, but the outcome could determine if Malaysia is past all that or if it will sink deeper into the cross-fire of tabloid-style sleaze. The two main players heading into the polls, one of whom will surely be the next leader of Malaysia, have hardly been immune, or averse, to political hardball. Najib Razak, the prime minister, has vehemently denied links to the 2006 murder of a female Mongolian translator who was shot twice before her corpse was obliterated with C4 explosives in an abandoned field outside Kuala Lumpur. Bone fragments linked the killing to two members of an elite police squad who have been described as Najib’s former bodyguards. Both were sentenced to death by hanging. The incident has been back in public re-play mode since March when a private investigator, who gave sworn testimony that placed Najib with the woman at a café in France, died of a heart attack. Najib took a public oath at a mosque to declare that he never met her. His opponents, as could be expected, made pubic calls to re-open the case. ‘Scandal fatigue’ Anwar Ibrahim, the opposition leader trying to unseat Najib, has been dragged through public ignominy like few men in modern times.
The government has repeatedly denied that this is the case.
"This is a case that was brought by a complainant who used to work for Anwar Ibrahim, not a case of the ruling coalition against Anwar. It's not a case of persecution by the government against Anwar Ibrahim," Youth and Sports Minister Khairy Jamaluddin told Al Jazeera in an interview at his office in Putrajaya on Monday.
"The high court decided to acquit him. The Court of Appeal decided to overturn that decision. Now it's gone to the final Appellate Court. This has nothing to do with the government. It is not the government of Malaysia, it's not the Malaysian ruling coalition that is in the dock this week - it is Anwar that is in the dock this week."
'A bad movie'
The latest hearing takes place amid a deterioration in Malaysia's political environment. At least 14 people have been investigated or charged under theSedition Act in the past year, including lawyers on Anwar's own defence team, opposition politicians, and academics, despite Prime Minister Najib Razak's 2012 promise to repeal the colonial-era law.
"Indonesia is embracing democracy the same month that Malaysia moves back 16 years to the remake of a bad movie," said Bridget Welsh from the Center for East Asian Democratic Studies at the National Taiwan University.
"It strengthens Anwar. Every day he's in jail is a blight on Malaysia's card. Najib is asking for trouble. He is asking for a response. The government should focus on the country's problems, rather than politics."
When Najib first became prime minister five-years ago in the wake of what was then the ruling coalition's worst-ever electoral performance, he announced a comprehensive package of both political and economic reforms.
The promise to repeal the Sedition Act followed the abolition of other colonial-era legislation, including the Internal Security Act, which allowed for detention without trial and was often used against government critics.
Najib's economic reforms - including improvements to education, a crackdown on corruption, and a gradual reduction in subsidies - were designed to strengthen the Malaysian economy. But with wages showing little growth over the past decade and prices rising, ordinary Malaysians have been struggling to make ends meet.
The return of former Premier Mahathir Mohamad The Games They Play Mahathir vs Najib |
The burden of proof goes against the common law based adversarial system of justice and represents a radical departure
Lawyer M. Visvanathan said the central issue in the case was why it took Saiful two days to lodge a report that he was sexually assaulted by Anwar.
He said the samples retrieved from Saiful was finally analysed by Dr Seah some 96 hours after the incident.
"The samples were not in sterile condition. It was taken from the anus which is rich in bacteria to break down organic matters like semen," said the lawyer, who had defended clients charged with sodomy and rape.
He described this piece of evidence in this case as "incredible and miraculous".
"I am no fan of Anwar but based on established legal principles and the evidence in this case, his legal team could convince the apex court to possibly get an acquittal.”
Visvanathan said the prosecution had to prove its case beyond reasonable doubt, a higher standard placed on them.
"On the other hand, the defence was only required to cast a doubt in the prosecution's case to earn an acquittal," he added.
He said the apex court judges had to decide whether the trial judge was right in accepting the opinions of the foreign experts or the appellate court's reliance on the evidence of the chemists.
How a young guy can be forced into sodomy by an old man readmorehttp://lawmattersjournalmalaysia.blogspot.com/2012/08/guilty-until-proven-innocentreversing.html
At the High Court trial, the gel was produced and marked, says Gopal.
He says Saiful had testified that they did the act (sodomy) on the carpet and he applied the gel on his private part (anus).Gopal (right) shows a document not in the appeal records, and he says the 'keadaan barang kes' (list of items seized) does not included the KY jelly.
He says Saiful had testified that they did the act (sodomy) on the carpet and he applied the gel on his private part (anus).Gopal (right) shows a document not in the appeal records, and he says the 'keadaan barang kes' (list of items seized) does not included the KY jelly.
This, he says, shows the inconsistency in Saiful's testimony.
"Exhibit was not in the list and it should be considered inadmissible and its weightage (in consideration) is challenged."
"Karpal had asked Saiful (whether) the KY gel was an afterthought and the witness agreed. The police report made no mention of the gel."
Gopal argues that Court of Appeal had erred that Saiful is a credible witness and that his evidence had been corroborated.
The third point, he says, was the right of defence to test police officer Jude Pereira's statement in the course of his investigations.
In going to the first ground of the appeal, Gopal says Saiful claimed he was afraid to lodge a police report.
The former Federal Court judge adds that Hospital Pusrawi's Dr Osman noted that Saiful was unwilling to make the report initially.
"This document (medical report) was shown to Saiful and he denied?"
Saiful he says had met a senior police officer (Mohd Rodwan) and called the IGP (police chief).
He says a person who do not want to be sodomised would not have bought a lubricant.
“The presence of the gel is a matter of doubt," he said.
Gopal says two sets of Saiful's underwear had been tendered. He adds one of the underwear was washed and wet.
"The second underwear was not worn by Saiful on that day but it had semen stains.""At the conclusion of police investigations, Anwar was charged. At the trial, KL High Court judge said a prima facie case had been established."
"After that, the judge says he was not satisfied with the prosecution's case against the accused (Anwar).”
Gopal relates the prosecution not satisfied with the High Court acquittal and appealed to the Court of Appeal. The Court of Appeal eventually convicted and sentenced Anwar to five years’ jail.
Having submitted the outline of the case, Gopal will now scrutinise Saiful's evidence.
Defence lawyer Gopal says despite sending a letter of resignation, Saiful went to Anwar's house and even served drinks there.
He relates Saiful's meeting with Hospital Pusrawi doctor (Mohamed)Osman (Abdul Hamid), where a plastic object was said to have been inserted into his anus."However, Saiful denied making the statement. At the meeting with Dr Osman (right), he said he was sodomised and (he was) referred to Hospital Kuala Lumpur."
Three doctors, says Gopal, attended to Saiful and their initial finding was no penetration.
Saiful, Gopal says, then met DSP Jude Pereira and lodged a police report.
Anwar Ibrahim tells reporters that Sulaiman Abdullah is unwell as he had surgery on his leg two months ago and is still in great pain.
"Sulaiman was passionate in doing this appeal but I met his wife Mehrun who advised against it. Gopal approached us last week."
Asked whether he is confident, he says: “We have a former Federal Court judge (as lead defence counsel)... I am mentally prepared, but have not much hope.”
He mentions that Hollywood actor Mel Gibson called him to ask whether the ‘Lethal Weapon’ star should issue a statement.
"I said you can, but not in support of drinking (liquor). He told me one thing I learn from you (Anwar) is not to enter politics," the opposition leader says of his brief conversation with Gibson.
"A serious question mark now hangs over Anwar’s defence team as Surendran still faces two sedition charges for reiterating his client’s defence that the sodomy proceeding against Anwar was a political conspiracy,"
Defence lawyer Gopal Sri Ram begins his submission. He says there are no witness to the alleged crime. He adds Saiful had later called then inspector-general of police (IGP).
Gopal says Saiful claimed he was forced to commit the act (sodomy) and that lubricant was used (KY jelly).
"It is his evidence that the act was so vigorous he pressed on the tube of jelly and it (jelly) fell on the carpet.
"Saiful says he washed himself and sent an email to tender his resignation as an assistant to Anwar."
Lead defence counsel Gopal Sri Ram wants to read the list of international observers but justice Arifin says there is no need to do so as it is already made known.
Gopal tells the court that the defence is adding one further ground of appeal.
Gopal says Saiful claimed he was forced to commit the act (sodomy) and that lubricant was used (KY jelly).
"It is his evidence that the act was so vigorous he pressed on the tube of jelly and it (jelly) fell on the carpet.
"Saiful says he washed himself and sent an email to tender his resignation as an assistant to Anwar."
Lead defence counsel Gopal Sri Ram wants to read the list of international observers but justice Arifin says there is no need to do so as it is already made known.
Gopal tells the court that the defence is adding one further ground of appeal.
As a layman closely following the Sodomy2 case, the question that begs to be answered is how did Saiful get the luxury of meeting Prime Minister DS Najib and his wife Rosmah before he alleged that he was sodomised by Anwar two days later. Saiful also had the luxury of getting the help of some top brass from the Police headquarters Bukit Aman to complain. Who is Saiful to have received such VIP treatment for being a victim of an "alleged" crime? He is not a son or relative of some mighty VIP to have been accorded such luxurious service on an alleged crime. Till todate, the public is not convinced about the actual motive on why Saiful met Najib and Rosmah at their residence and that is puzzling.
I would say he is not guilty based on just ONE evidence - and there are hundreds of pictures to prove it.
Pictures and images of tens of pairs of hands hoisting 'DNA-sample' of the 'soiled' mattress. You don't get a bunch of riff-raffs to manually move the mattress like that & tossed it into the back of a black Maria.
And not going to the toilet for 3-day and 3-nights..?
Tun Dr Mahathir Mohamad the main actors in this saga.
The prosecution team during the first sodomy trial was led by the then Attorney-General (A-G) Tan Sri Mohtar Abdullah. Upon retirement, he was made a federal court judge.
He died at age 59 in 2003 after nearly a year of being in a coma after an operation to remove a blood clot in his brain.
Also in the prosecution team for Sodomy I were current A-G Tan Sri Abdul Gani Patail (pic, right), who was then a senior prosecutor, and Datuk Azahar Mohamad who is now a federal judge.
But, Mohtar and Gani did not prosecute in the federal court.
In the second sodomy trial, the prosecution was led by Datuk Mohd Yusof Zainal Abiden.
Yusof, who was also Solicitor-General 11, went on early retirement in February 2012. There was a furore when Yusof appeared for Anwar as counsel in another unrelated criminal case.
In Sodomy II trial, senior deputy public prosecutor Datuk Noordin Hassan, Datuk Mohamad Hanafiah Zakaria and Noorin Badaruddin appeared together with Yusof.
Noordin and Noorin have been made judicial commissioners while Hanafiah is part of the prosecution who will assist ad-hoc DPP Tan Sri Muhammad Shafee Abdullah in the federal vourt.
Anwar's16-year saga in and out of courts for sodomy charges has kept Malaysia on a political edge and shone the international spotlight on the judiciary and the executive.
One legacy Anwar's persecutors also probably did not anticipate was the rise of a strengthened federal opposition, as support for him coalesced into the Pakatan Rakyat (PR) alliance, which denied the ruling Barisan Nasional (BN) a two-thirds majority in Parliament since 2008.The country's longest serving prime minister handpicked Anwar as his protégé and successor, before sacking him on September 2, 1998. In the run-up to the sacking, their relationship soured as both men diverged on how to run the country as it struggled under the Asian financial crisis, and how to run Umno, the lead party in the ruling BN.
Dr Mahathir repeatedly used Anwar’s sodomy charge as justification for sacking him. He also accused Anwar of wanting to "sell" Malaysia to the International Monetary Fund by agreeing to accept its financial reforms during the Asian financial crisis.
He stepped down from power in 2003, some years after the 1999 polls that saw BN lose Terengganu and urban votes due to Anwar's sacking, in favour of Tun Abdullah Badawi, who was seen as a counterbalance to Dr Mahathir's iron grip that was repugnant to younger voters.
But a retired Dr Mahathir continued to wield political influence in Umno, and led a campaign to dethrone his hand-picked successor before the 2008 polls, which culminated in Abdullah's resignation in 2009.
Dr Mahathir, who is patron of Malay rights group Perkasa, also withdrew support for current prime minister, Datuk Seri Najib Razak, for ignoring the 89-year-old's views on how to run Malaysia.
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