Friday, August 08, 2008

'Childish' Anwar should campaign for reforms that will benefit OTHERS as well..

Anwar was being rather childish when he asked why Saiful, the complainant was not also charged? (If that comment came from his lawyers or some other, it would have been OK).
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.

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

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.'.

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...

10 comments:

Joseph said...

DSAI didn't even hold the office of PM yet, how do you expect him to be talking about reforms that benefits all?

By the way, has BN in turn talked about benefits that benefits all? None at all.

Be fair and objective in your comment next time.

Nostradamus said...

Q2. Sodomy is as evil as murder. (True or False)
Sodomi sejahat Membunuh. (Betul atau Salah)

Q3. Anyone accused are innocent until proven guilty. (True or False)
Si tertuduh adalah tidak bersalah/berdosa sahingga dibuktikan. (Betul atau Salah)

Q4. Statutory Declarations and Police reports can be made to fool people. (True or False)
Pengakuan “Statutory” dan Laporan Polis boleh dibuat oleh untuk mengelirukan orang. (Betul atau Salah)

Q5. Anyman or woman will swear on his religion or beliefs to save his/her own skin. (True or False)
Sesiapa pun akan menangkat sumpah atas ugama atau kepercayaannya demi menyelamatkan dirinya. (Betul atau Salah)

Q44. Little Napoleons are the ones ruling Malaysians. (True or False)
“Little Napoleons” sebenarnya yang memerintah rakyat Malaysia. (Betul atau Salah)

Q50. Malaysian politicians are typical Jeyklls and Hydes. (True or False)
Ahli politik Malaysia melambangkan personality Jeyklls dan Hydes. (Betul atau Salah)


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Anonymous said...

I wholeheartedly agree with joseph.

Anonymous said...

No, it is not childish to ask ?

WHAT IS SO CHILDISH ABOUT IT ?

It is a question everybody will ask. Even my grandfather and grandmother asked the same question. Every folks in my neighboring old folks home asked the same question.

It is an answer everybody wanted to know.

Based of HM answer, does it mean that if two person committed a perfect crime of murdering Najis together and one of made a police report against the other, then he is not charged as he will be the key witness.

If the answer is yes, jom let's commit crime together everyone.

Anonymous said...

Joseph, the point is that DSAI SHOULD be talking about reforms that benefits ALL as part of the 'marketing' / 'lobbying' to hold the position of power.
If the people don't know what reforms are planned then how can we make an 'informed' decision. To simply support or vote blindly for one side is not right.
The other point is this. All the rubbish going on at the moment is purely about power. One side wants to maintain power and the other side wants to gain power. Lets not kid ourselves that it is because of reforms and doing what is best for the Country and rakyat. it is purely about POWER. so once that notion is accepted, then make an informed decision.

Anonymous said...

Charles,

If everything he (DSAI) does is not enough or good enough for you..who else do you think can. You can't be doing this alone, you need support...solid support for that matter. Sabar a bit man. At least he is brave enough to condition himself that he will resign if he couldn't reduce the fuel price....compare to the BN goons

firefly said...

DSAI only has made many comments on how to reform but only made one comment 'Why Saiful is not charged'? and he was called being childish???? Pak Lah said 14 Mercs parked in garage only can be used for VIP visiting T'ganu.....what say u?

Anonymous said...

Charles, what so childish about that statement? It is a statement of facts. Ya, why don't the other party being charged. That idiot is making a bad precedent. It is not right to let a criminal get away with crime just by becoming state witness. It is unbecoming of a home minister to practice selective prosecution. Since Anwar is being charged, that charge must be similarly applied to the other party. The minister has no right at all to interfere or close one eye to the other party. Don't they know the law. Mr Home Minister, Can they quote me the section that says a criminal will not be prosected if he turn witness.

Anonymous said...

Dear Charles,

You are asking for the moon from someone who is powerless to do so. I believe you are barking on the wrong tree. It is a legitimate question for Anwar to ask why Saiful is not charged if the offence was consensual. Under law they are correct to say that Saiful need not be charged to have a complete offence. But isn't it Anwar's defence to raise a conspiracy a valid one under such circumstances. Be consistent with your arguments. You cannot have both ways my dear friend.

Adam said...

What 'childish'? on the contrary very 'adult' question. Reform? well you have to take his word for it now because he is not in power. even if he has not addressed 'your' issues before does not mean he will not.