Monday, July 14, 2008

Anwar, Najib, PM ...NO one is above the law - everyone is equal before the law

No one is above the law and that includes Anwar Ibrahim, Najib Razak or even the PM himself(his son and/or his son-in-law).

If we get a phone call by someone stating that he is a policeman asking us to come to the police station for the purpose of investigation.We ask what is the investigation about - and the police must tell us what it is all about... Is that good enough? The answer is NO - we need a formal letter clearly stating what it is all about ...

A WRITTEN notice is required by virtue of Section 111 of the Criminal Procedure Code if the police wants a person to attend at the police station to assist in any investigation - and this was what the police was apparently were trying to get to Anwar Ibrahim

111. Police officer's power to require attendance of witnesses.

(1) A police officer making an investigation under this Chapter may by order in writing require the attendance before himself of any person who from the information given or otherwise appears to be acquainted with the circumstances of the case, and that person shall attend as so required.

(2) If any such person refuses to attend as so required that police officer may report such refusal to a Magistrate who may thereupon in his discretion issue a warrant to secure the attendance of that person as required by such order.

- and maybe Anwar was not there, but then his family could have accepted the notice as well...could they not.

After all, Anwar says that he was ready to go to the police station and assist with the investigation...

But reading, the recent Malaysiakini report, Anwar did not want to go because his family was harrassed. Reading the report, I see that the complain was about the police coming 2 times and trying to hand over the letter...

Now, usually in a section 111 Criminal Procedure Code notice/letter, there is also that option to call and re-schedule the time of the appointment...(and usually the contact number of the investigating officer is given.)

"PKR de facto leader Anwar Ibrahim has refused to appear at the Kuala Lumpur police headquarters today for questioning over the sodomy allegation in protest against "harassment" of his family." - Peeved Anwar declined to go to police HQ, Malaysiakini (14/7/2008)
There are other issues that Malaysians can get riled up about BUT some how I do not see this as one of them...

Anwar should go to the police - foolish to merely refuse - go BUT then as the suspect(the alleged perpetrator of the crime), he can always exercise his right to silence...

I just hope the police do not do anything foolish BUT just get another date and appointment for Anwar to attend and assist in the investigation...

Confessions made to the police are no longer admissible in court. - The law has changed and as - no more "confessions" to the police, it is very good....

113. Admission of statements in evidence.

(1) Except as provided in this section, no statement made by any person to a police officer in the course of a police investigation made under this Chapter shall be used in evidence.

(2) When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to a police officer in the course of a police investigation under this Chapter and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56].

(3) Where the accused had made a statement during the course of a police investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.

(4) Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence Act 1950.

(5) When any person is charged with any offence in relation to-

(a) the making; or

(b) the contents,

of any statement made by him to a police officer in the course of a police investigation made under this Chapter, that statement may be used as evidence in the prosecution's case.

As can be seen, only the accused can use his own statement in support of his own defence...

In my earlier postings, I have expressed my disappointment with Anwar commencing a civil suit, i.e. defamation, against the complainant, Saiful... This is certainly not expected behaviour from a person talking about "REFORMASI"..change for the better..

Pity all victims of rape, sexual assault, assault...etc...., every time they make a complain to the police, they will be sued by the alleged perpetrator --- this is so unjust. In fact, one cannot commence and sustain an action of defamation based on a complaint made to the police.

Anwar is fed-up...angry...with yet another allegedly false allegation - but then, he must deal with it correctly...and justly...


Anonymous said...

yes I agree with the advise here given
Two wrongs don't make a right. So Anwar should go to the Police as promised.
We fight from the right not from the wrong otherwise we just give them a handle aginst us.

Anonymous said...

Anwar should have set an example to be calm and cool instead of being emotional about the police investigation.
If we are not happy with any procedure we should find ways to change it.
Respecting the law of the country is one of the pillars of democracy.

Anonymous said...

what nuts are you talking about???

does this mean that one can go and slander and defame just by making some police report?

a defamation suit is the correct step, if the 'pretend victim' is telling the truth, there is no issue what!

He only need fear if indeed he is colluding with Najis Razak

Anonymous said...

Anwar is fed-up...angry...with yet another allegedly false allegation - but then, he must deal with it correctly...and justly...
What is this correctly and justly: isn't this precisely the aggravation and provocation exploited by the so call civil society of which BN/UMNO belong yet behaves as they were the masters? It is time for defiance - this abuse must stop. Anwar should not subject again himself to this persecution thus in hope of vindication and compensation. Enough!Defy Rebel! That's the human phenomenon. It is called JUSTICE