Tuesday, January 14, 2020

AG, VDO evidence not really needed, to prosecute? Will self-confessed man be charged?

When Attorney General came out with the statement that no one will be charged in connection with the 'sex video' because no one can be conclusively identified...there is a concern about the administration of criminal justice in Malaysia ...

In most crimes, including rape and sexual assault, there really may not be any video just the testimony of the alleged victim...witness. 

In this case too, did not a witness come forward who said he was one of the persons in the said VDO, and he also identified the other person...

Hence, VDO is but one of the available evidence - what about other investigations. We already have a witness(?) who also implicated another...If the VDO was clear, then we had another piece of evidence ...that is all.

Firstly, what exactly was the offence being investigated - was it again sodomy? Or what? 

PERSONALLY, sex between consenting adults should really not be a crime unless it was RAPE or done without the consent of one party. (Do we need to amend our RAPE laws to include sex acts involving 2 men as well?

INVESTIGATION - Did the police investigate the venue of the alleged crime? Did they obtain evidence there - fingerprints, DNA, etc ...Did they check and collect CCTV evidence - evidence of witnesses who saw the perpetrators near or at the scene of the crime? 

Given the fact, that in this case, there was a person who went public and admitted that he was one of the person in the said VDO - should he not be charged for the offence(if there was an offence, at all)?

Did not the said person also identify another - If this was false, then should this 'false witness' not be charged for this at the very least..

Whether a Minister or a prominent person may or may not be involved is irrelevant because no one is above the law...

Maybe, the AG should simply have said that there is no sufficient evidence at this time for anyone to be charged...and ask the police to continue to investigate...oh..yes..the AG did say this - '

"As per normal procedure, investigation can be reopened if there are any new leads," he added.
So, it is different from what the former AG in connection to that IMDB and SRC investigation - The case in not closed. There is no order 'No Further Action'? We await the AG's statement at a later date, after he considers all available evidence including the witness statements...Will his position be the same?

Remember that in the Anwar Ibrahim sodomy cases, there was no VDOs - but there were other evidence? Surely, in this case, the police by now knows the time and place of the alleged incident...what about the other evidence...Too much time and resources spend on this VDO clips..and, do we not have experts to analyze VDOs in Malaysia? 

Anwar Ibrahim is at present also facing allegation of a sexual crime ...after the alleged victim spoke out - what is happening with that case?

Archaic sex offenses in our laws really must be repealed or at the very least we need to talk about this? 

The media also need be careful about their report titles - "...so no charges over Azmin sex video...' - it certainly is most unjust to Azmin, is it not. 

DID the VDO disclose an offence? That 'authentic' VDO thus shows the commission of a criminal offence - the only question is who really are the alleged perpetrators?

Should we make the making of such videos a crime? Or is it a crime..

A VDO evidence, after all, is really a difficult piece of evidence to be used in court in our law - there are lot of conditions that have to be fulfilled before it is deemed admissible in a court of law. 

VDO or audio evidence helps, but certainly is not necessary to secure a conviction noting that many offenses are committed by perpetrator against victim  where there are no such documentary evidence...

Now, what happens to self-confessed Haziq - he should be charged, or will he not be because such a charge or trial may affect the Minister...We shall see...we shall see.
In the past week, clips of a sex video involving two men have gone viral, followed by a confession by Haziq Abdullah Abdul Aziz, who is also Santubong PKR Youth chief, that he was one of the two men in the videos. He also claimed that the other person was Azmin.
The AG, as public prosecutor, is being watched by Malaysians who hope that he is not biased in the administration of justice. Will he be slow to charge Ministers and PM...just like what his predecessor 'allegedly' did? It is a tough place to be ..

Maybe the proposal of appointing another as Public Prosecutor - thus freeing the AG(who is also the government lawyer and advisor) from his other roles.

Was this a recommendation of the Institutional Reform Committee? We do not know since it is still a 'SECRET'...   

* Interestingly, AGC decides not to proceed with both cases involving Anwar and implicating Azmin ...for lack of sufficient evidence?

Nobody conclusively identified, so no charges over Azmin sex video, says AG 

Thursday, 09 Jan 2020 4:23 PM MYT


PETALING JAYA: No charges will be filed against individuals said to be involved in the sex video purportedly implicating Economic Affairs Minister Datuk Seri Azmin Ali, as none of them could be positively identified, says Tan Sri Tommy Thomas.

The Attorney General said findings from the US company which analysed the video revealed that none of the individuals implicated in the video could be positively identified, due to low resolution and lack of video frames.

This prevented the subjects from being seen clearly, he said.

"The police also received an analysis report (of the video) from a private individual, which also stated that no conclusive identification could be done based on facial recognition.

"Both findings are consistent with a Cyber Security report earlier last year," Thomas said in a statement on Thursday (Jan 9).

After taking into account the findings along with the statements recorded, the deputy public prosecutor recommended that no charges be filed, he added.

"I accepted the recommendation and decided not to prosecute anyone.

"As per normal procedure, investigation can be reopened if there are any new leads," he added.

On Monday (Jan 6), Bukit Aman CID director Comm Datuk Huzir Mohamed said the Attorney General’s Chambers (AGC) would soon issue a statement on the sex video purportedly of Azmin.

He said police had obtained an expert analysis of the video late last year, and this report, along with investigation papers, had since been forwarded to the Attorney General's Chambers (AGC).

He said investigators from the Special Investigation Unit (D5) met AGC officers on Monday afternoon to discuss the sex video, along with two other high-profile cases. - Star, 9/1/2020

A third wave of videos emerge targeting minister

Tuesday, 18 Jun 2019 10:49 AM MYT


PETALING JAYA: A third wave of video clips implicating Datuk Seri Azmin Ali has surfaced, this time uploaded on YouTube.

The 46-second long audio-only clip, titled "Azmin love Haziq 3/4" posted on the file-sharing website shows a discussion between two men agreeing to meet discreetly at a five-star hotel in Kuala Lumpur in March this year.

The uploader of the clips claimed that the men talking are the same individuals as those in the recent sex videos.

Another clip, which is being shared on WhatsApp, is taken from a low angle and only shows the torsos and legs of the men. The faces of the men cannot be seen.

In the past week, clips of a sex video involving two men have gone viral, followed by a confession by Haziq Abdullah Abdul Aziz, who is also Santubong PKR Youth chief, that he was one of the two men in the videos.

He also claimed that the other person was Azmin.

Azmin had categorically denied the allegation, saying it was made to tarnish his reputation and destroy his political career.

Haziq is being investigated under four charges, including Section 377B of the Penal Code for carnal intercourse against the order of nature and Section 292 for distributing obscene materials. - Star, 18/6/2019

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