Moments after claiming trial for alleged sodomy, Datuk Seri Anwar Ibrahim questioned why his accuser was not charged along with him.The Parti Keadilan Rakyat de facto leader pointed out that the charge implied that the alleged act was consensual.
"If it was consensual, then he (Mohd Saiful Bukhari Azlan) should be charged along with me," he said inside the Sessions Court after proceedings.
Anwar, who will turn 61 on Sunday, was charged with committing carnal intercourse against the order of nature at a condominium here in June.
"Until last night, they talked about rape. But now, the charge states that it was consensual."- New Straits Times, 8/8/2008 -Anwar: Charge accuser, too
Anwar had asked why Saiful had not been charged as well since the alleged sodomy act was said to be consensual.“If it is “suka sama suka” (consensual), why was I the only one being charged? If it is consensual, both should be charged,” he added.- New Straits Times, 8/8/2008 - Syed Hamid: Saiful not charged because he is key witness
And, of course the explanation of Syed Hamid was also pathetic, and raises questions as to whether this Minister and that Minister or the PM/DPM was involved in making the decision of who to charge and who not to charge....
Mohd Saiful Bukhari Azlan is not being charged because he is the key witness in the sodomy case against PKR de facto leader Datuk Seri Anwar Ibrahim, said Home Minister Datuk Seri Syed Hamid Albar.
He said that in a criminal justice system, when a person comes forward to report on a matter, the person would be protected.
“Usually, the victim is given protection,” Syed Hamid said after the MoU signing ceremony between Malaysian and Australian Governments on immigration cooperation here yesterday.- New Straits Times, 8/8/2008 - Syed Hamid: Saiful not charged because he is key witness
We must ask ourselves as to Who really should have the power to decide on which case to investigate, and which not to? - When one makes a police report, and the police do not investigate - one can go and make a complaint to the Majistrate...and the Magistrate can get the police to investigate.
Who should have the power to decide as to which person to charge and which person not to charge? For the offence of corruption, it may be good to have the position that the one who 1st complaints will not be charged - or maybe will be subjected to very minimal sentence. But, I do not think it is right for offences like consensual carnal intercourse against the order of nature. That the complainant will not be charged should be clearly inserted into the law - if that is what Malaysians want - not left to choices that a Minister or PM can have.
We also really must look at BAIL in the Malaysian Criminal Justice system - Anwar Ibrahim did not have to take out any money because he was released on a personal bond..and this is good.
Likewise, when it comes to Bail in all other cases, let it not be forgotten that 'that a man is innocent until he is proven guilty and that bail was to ensure the accused's attendance.'.She then said it was elementary in criminal justice that a man is innocent until he is proven guilty and that bail was to ensure the accused's attendance.
"I don't think there is any likelihood that Anwar will abscond," she said before releasing him on a personal bond of RM20,000 with no surety.- New Straits Times, 8/8/2008 -Anwar: Charge accuser, too
The practice of imposing very high bail -- I mean, 'very high' from the perspective of the common man. Courts usually set bail at RM2,000 and more - and for many, there really is no way of raising that sum save by going to them 'ah-longs' and getting the money. That is why hundreds and thousands of persons in Malaysia are in remand prison waiting for their criminal trial to start and/or end.
Some even end up spending more time in the remand prison than the maximum sentence if they were to be found guilty of the offence charge.
'High bail' is also one of the reasons why many innocent persons plead guilty so that they can move on with their life after spending a certain period in prison.
So let us now be campaigning for minimum bail sums - and for more releasing persons on personal bonds - or maybe even some system where 'no money has to be deposited NOW' by sureties system. Today, Malaysian courts want only CASH and will not even accept land titles, share certificates, etc...
Anwar, who has experienced police lock-ups, torture in the hands of the police, remand prison situation and jail -- has really not been doing enough to get REFORMS. We only hear about his own predicaments and sufferings - but really, if you want to be the leader of the people/s, then you must also be concerned about raising issues that would lead to the betterment of conditions for others...
No comments:
Post a Comment