Friday, 22 October 2010

Corrupt Judiciary? Nurul Izzah should back her statement with irrefutable evidence!

The MI carried a news article on budding young politician Nurul Izzah Anwar yesterday, read Nurul Izzah says fight for Anwar is relevant.

I am not interested to comment  much on what she has to say in the run up to the PKR elections but its rather a shame that she has to say that "PKR’s struggle to secure justice for her father Datuk Seri Anwar Ibrahim remained relevant as it was “symbolic” of the country’s corrupt judiciary". Why she had to drag the judiciary into the PKR elections is beyond me, was it not the Federal Court which overturned Anwar Ibrahim's conviction of the first sodomy trial in a majority 2-1 decision based on a technicality?

Interesting facts from the Federal Court ruling:

1. The Federal Court on 2nd September 2004, by a majority decision of 2:1, acquitted Anwar on the charge of committing carnal intercourse against the order of nature – sodomy.

2. Anwar was acquitted essentially on the grounds that it was unsafe to convict him mainly on the evidence of the complainant, one Azizan who the court held was an accomplice and therefore his evidence must be corroborated by other witnesses that he was sodomised on the dates that he complained of.

3. Note that the majority decision of the Federal made a finding that:

“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. However such evidence did not corroborate Azizan’s story that the appellants sodomised him on the date, time and place specified in the charge.”

4. The majority also held  that:

“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, sometime, this court, as a court of law, may only convict the appellants if the prosecution has successfully proved that the alleged offences as stated in the charges, beyond reasonable doubt.”

5. The minority opinion is of significant interests as this Judgement will affect cases of abuse where the victim is sexually abused when they were young:

“It will be too high a standard to require that in sexual offences no case can be made out if it is solely on the evidence of a complainant or a participant to the act. At the end of the day it is the credibility of the witness that matters and in these appeals, the learned judge correctly appreciated that position.”

Nurul Izzah should desist from making sweeping statements against the Judiciary without giving any evidence of misconduct. She should come up with the evidence(s) and make a Police Report if she has any, or just keep her peace and should just keep her mouth shut from commenting further against the judiciary(zip it OK) especially so when her father Anwar Ibrahim is now standing on trial for allege sodomy of his former assistant, Saiful. 

This ongoing trial is between Anwar who is accused by Saiful of sodomizing him, Anwar is on trial here NOT the Judiciary, not PM Najib, not UMNO not the Government and certainly not a conspiracy that his supporters try to make it be, read here

Nurul Izzah need to learn that to be a respected political leader she must have solid evidence to back her controversial statements otherwise she will be just another rabble rouser as far as many electorates are concerned.

Interesting Read:

BigDog...The Rebuttal against Anwar Ibrahim

Gelagat Anwar....Dr. Siew sudah buka Pekung

Malaysianstory...Anwar Ibrahim Sodomy Trial II..The recorded Truth 14 Oct 2010

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