‘The prosecution is not worried about the DNA evidence being expunged because they have created a doubt – that Anwar did sodomise Saiful.’
Prosecution will not appeal ruling
Multi Racial: It unlawful extraction of evidence is inadmissible and it was a landmark ruling by the Federal Court then the prosecution should know about it.
The question is that why they still proceed? Well, there are only two possible answers. Either that are inefficient or they did it deliberately to have this part of the evidence reported to the public.
This is to give the opportunity to BN control media to paint the guilty picture so that many rural folks will see it that way. If the latter is true then it is politically motivated and got nothing to do with the case. The government and the police knew all along they got no case on Anwar Ibrahim.
Kgen: One would expect the prosecution to appeal all the way to the Federal Court and they had never failed to win. That they do not want to appeal shows that the verdict was pre-planned. Umno may have realised that it is against their interest to jail Anwar.
With the DNA evidence disqualified the prosecution has no case so we can expect Anwar to be acquitted for lack of evidence. However Umno has achieved its purpose of dragging Anwar through mud.
JBGUY: The whole trial was a sham. The prosecution is not worried about the DNA evidence being expunged because they are banking on the fact that they have created a doubt – that Anwar did sodomise Mohd Saiful Bukhari Azlan. This is all Umno needs to refer to this in the GE campaigns by saying that Anwar got away through a technicality.
Now, naturally most people who are not exposed to the BN Machiavellian moves may buy into this and believe this lie. So Anwar, you are checkmated despite your innocence. How I wish people would use their heads to think for themselves but knowing the people in this country that’s unlikely.
Peter Clement Goh: With this ruling, Umno still wins, the West will look at the judiciary as “fair”, but since the evidence already shows that the DNA of those three articles match the one planted into Saiful’s arse, Anwar will still be “guilty” by those in Malaysia who see the print media as gospel truth. It looks like no matter which way the verdict goes, Anwar’s credibility is now down the drain.
Cala: Who is Saiful? When the evidence relating to the DNA found in three items (a mineral water bottle, a ‘Good Morning’ towel, and a toothbrush) had been expunged by the court, only Saiful’s testimony can wage a challenge to the defence, said Karpal.
But is Saiful a credible witness? Is he a reliable person? Do you trust him? Did he behave as someone who was a victim of sodomy? He said he went to the bathroom and came out clad in a towel before the said encounter with Anwar;
Secondly, he was seen entertaining some guests in Anwar’s office the day after the said incident. If you are puzzled by Saiful’s action as usual behaviour, what then had caused his attitudinal change?
How do you explain that? Could it be that there was an incentive offered to him so huge that he could not possibly refuse?
Anonymous_3f94: It should be obvious to everyone by now that Anwar’s blood from Sodomy I was mixed with Saiful’s semen and inserted up Saiful’s rectum with the use of a plastic syringe. This is the plastic object referred to when Saiful told the first doctor he saw at Hospital Pusrawi that his anus had a plastic object inserted.
Saiful is not gay, but because the plot had to be adhered to with the corresponding juicy payoffs, he allowed the officer (assigned to him by Najib Razak) to insert the syringe up his rear end at a room at the Concorde Hotel when he met him after meeting Najib, and before going to the hospital.
That also explains the apparent presence of Anwar’s DNA at the front (not the back) of Saiful’s underwear as the liquid from the syringe could easily have been jettisoned forward, when Saiful was bending over, with the officer manipulating the syringe from behind him. The dripping of excess fluid would fall onto the front, and not the rear of his underpants.
Lim Chong Leong: The night is still young. They will plant some other damning evidence some place else. Umno is dead set on getting rid of Anwar, so this is not the end of the persecution.
At the same time, Najib can say the police may be slightly dirty but the judiciary and the attorney-general are clean. We must remember that the big picture includes Altantuya Shaariibuu, Scorpene, space tourists, PKFZ, BMF, Proton, MAS, APs, Sime Darby, Perwaja, and on, and on, and on.
2CTS WORTH: Prosecution will not appeal? I thought this is the ace up their sleeves. Appeal cannot be allowed? This is incredulous. At last some order is being adhered to, or is it? I am dying in suspense.
So even if it’s illegal, it’s admissible?
Kyw: If they had not obtained Anwar’s DNA legally or illegally, how are they going to implant it into Saiful’s anus? Now the question is: Did Amwar’s DNA really reside there or was it implanted by those ‘kidnappers’?
Since they had not arrested Anwar legally, all these must have been done illegally. As such, we must give Anwar the benefit of the doubt.
Annachan: Anything that can become law or is passed by Parliament to become law must have its indispensable elements of morality. Law without morality cannot be enforced in any part of the world.
Morality is about right or wrong, good or bad, the right to go on living and not the right to interfere with another person’s right or to kill him. Any law that is not imbued with morality cannot stand alone and cannot even exist.
If any judge were to allow an illegal piece of evidence or an illegally obtained evidence to stand in court, then that country is an uncivilised country. The judges and the lawyers who represent that court is not learned in the law. That court will be the laughing stock of the world.
Dicey Rules: It looks to me like “procurement (of evidence) by deception”. It involves the misuse of official power and the misrepresentation of official purposes.
If you take home a government pencil and use it for your own purposes, that is the appropriation and “conversion” of public resources to an illicit private use. It is in principle the same (but in practice far worse) with the grabbing for personal or partisan use of official power and authority.
Here, in this instance, it’s not just a pencil that has been grabbed to write a shopping list. It is the procurement (without any adequate safeguard or protection for the integrity of the chain of transmission and custodianship) of apparent evidence in a strategy of illicit entrapment.
From its origins, from the very outset, this stratagem is fatally tainted. Any court that can find this move permissible is not in the business being an honest arbiter but of self-serving arbitrariness. Try arguing otherwise!
Hibiscus: Such a blatant gross injustice to a political leader who has a very large following. This is like the government is telling the rakyat not to trust the law to provide justice. This affront to justice is tempting the creation of a climate for anarchy.
I fear to think that if BN loses the next GE, it will precipitate unrest by convicting and jailing DSAI (Anwar), thus giving it the reason to impose emergency rule.
Ah Hoe: The aim of the trial was two-fold – firstly, to distract Anwar from the political process of building up a challenge to Umno, and secondly, to discredit Anwar as a leader of good morals. In both, I’m afraid they have succeeded.
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