COMMENT: The modern media melodrama typically involves the courtroom: from Jacob Zuma’s indictment for rape, to Julian Assange’s sex-crime troubles, to Anwar Ibrahim’s sodomy arraignments, the dramatic beginning of a trial simultaneously heightens and hides issues in the backdrop.
The issue of the morality of the arraigned is raised against a background where there is not much that can be said about that aspect of the lives of people who stand to gain if their target is found wanting on that score.
And hidden by the high-octane drama is the question of the fragility of standards of civilised conduct in times when powers-that-be are in a state of panic over a threat to their position.
More than in the first edition a decade and more ago, Anwar’s second encounter with sodomy charges frames those issues in sharper relief.
A decision tomorrow by High Court judge Mohd Zabidin Mohd Diah in Sodomy II not to ask Anwar to enter his defence would have twice the restorative effect on judicial independence and impartiality that the appellate courts had in overturning the infamous Ayer Molek decision a couple of years ago.
In the latter case, a High Court howler in the mid-1990s was rectified on appeal more than a decade later. The eventual outcome in the Ayer Molek case, as in Sodomy I when Anwar was freed in 2004 on appeal after spending some years in jail, gives hope that though the deliberative wheels of justice may grind painfully slowly, the possibility of ultimate vindication cannot be written off.
Presence of other DNA ignored
In Sodomy II, the denial to the defence of access to medical and other reports was a deprivation of the defendant’s right of due process.
Strenuous clamour by the defence at successive stages of this deprivation was met by the prosecution’s argument, upheld by the judge that deprivation would not be fatal to the case against the defendant.
This led to the ludicrous stage when doctors who had examined the accuser could not refer to notes – while under cross-examination by defence lawyers – that they had made during examination because that would have meant that access to the notes would have to be granted to the defence.
As if that peculiarity was not enough, the DNA specialist who testified in the trial was unconcerned with the presence of other DNA in the anal area of the accused; she was only concerned with one person’s DNA – that of ‘Male Y’, which the specialist confirmed matched that of the accused.
The list of peculiarities that this case sported endangers the modern conception of law which is that justice is whatever result just procedures have led to.
From that standpoint, justice in Sodomy II would better be served if the accused is not asked to enter his defence.
For his role in Anwar’s case for sodomy
MAHATIR purposely brought him
To stop and kill Anwar Ibrahim
They now trying to do the same scenario
Trying, again to do it all over
But round one went to Anwar’s favourThe judges have become brave and daring
Saying enough is enough to your raping
Of the court and the judiciary
With your repeated cases of sodomy
Do you know what the most asked question on the Internet by Malaysian in 2010 was? . It was “How to get pregnant?”READMORE← we breed all these ‘Corrupted People”! We are the One, One Malaysia, the most corrupted Citizen on this innocent Earth
KUALA LUMPUR, DEC 14 — PUTRAJAYA HAS CLOSED THE DOOR FOR GOOD ON DATUK SERI ANWAR IBRAHIM’S 1998 “BLACK-EYE INCIDENT” DESPITE ALLEGATIONS OF EVIDENCE FABRICATION AGAINST ATTORNEY-GENERAL TAN SRI ABDUL GANI PATAIL.
IN ITS HIGHLY-ANTICIPATED EXPLANATION TO PARLIAMENT TODAY, THE GOVERNMENT CLEARLY SIDE-STEPPED THE DAMNING ACCUSATIONS MADE BY FORMER INVESTIGATING OFFICER DATUK MAT ZAIN IBRAHIM THAT ABDUL GANI HAD FALSIFIED DOCUMENTS IN THE CASE, BRUSHING ASIDE THE FORMER’S TWO RECENT OPEN LETTERS.
|MALAYSIA’S BAD IMAGE – THE BUCK STOPS WITH NAJIB|
Our Malaysian PDRM, MACC, AG and Najib can and has fabricated cause of Kugan’s death as lungs problem, TBH’s death as ’suicide”, BN’s take over of Perak. This desperate BN government will fabricate anything just to stay in power.That means the police will always be sodomising themselves legally, and when they arrest Anwar, they will fabricate that Anwar had been sodomising illegally!No need to learn how to fabricate or plant DNA from the Israeli. Our police are forefront and leading in this technology. They are already expert in planting DNA on a mattress more than 10 years ago in 1998 during a famous trumped-up sodomy case! Even though the evidence was thrown out by the court, but still, it shows that bastardmatahir’sMalaysia bolehIn fact, the Israeli should learn from mahatir Our DSAI is clearly smarter than any of those UMNO goons, and I’m glad. Those NAZIs think just because they’re stupid, others are so too. Enough of insulting our intelligence.Yes but this technology is from the Jews. Surely Islamic Malaysia won’t use this Israelite (whom we do not acknowledge the rightful existence)thingy against a fellow Muslim who is also Malay. A Malay in Malaysia who has a special position because he is a Malay because no one else can have that special position, an unchallengeable position indeed. You challenge you go to jail says the home minster!Not to forget they recently fabricate government online poll about abolishing ISA. This BN/UMNO evil will fabricate anything you can imagine. What to do? Since we have a king of fabrication in Najis – starting from fabricate Mongolian girl immigration record, ..Now you see the possible extent of MACC’s collaboration with MOSADJust give me a drop of the person’s blood and you have the proof that this person sodomised Saiful. How? Put tiny bit of this blood in Saiful’s old pants and there you have the proof. Tampering with evidence la! How to prevent this?
on rosmaaa order?it’s mindboggling!Public Prosecutor has deceptively merely manufacturing evidences against Anwar
There is no need for the UMNO regime to construct a fake DNA.
They already got tonnes of Anwar’s dna source when they locked him up for many years… all they do is deposit these samples to fake the evidence…Ghani Patail and Musa Hassan will go down well in history as the greatest crook of all time who make a joke out of the judiciary, the law and order and the human rights of Malaysia.
HEY dont your remember that the stupid umno woman once accused Anwar of having a baby with another woman , yet despite their faking technology, still failed to prove that the so called daughter had anything to do with anwar..
the fully thing is some times they accused him of having sex with a woman, now they accuse him of sodomy…. which is which?← false charges vs evil umno the judge Augustinkosong,prosecuting Safianballsucker defence team head the taxidriver streetwise kid
Both can be true kah, or its impposible…..?
Bottom line…. the fukking umno are blooody liars… LET THE UMNO and thier dogs, thge police go fukk themselves and their own families…
One such crucial evidence was supposed to be the doctor from Pusrawi’s medical examination of Saiful at 2.00pm on Saturday, 28 June 2008. But then the doctor said that he had examined Saiful and found no evidence of sodomy. This report has since surfaced and the doctor has gone missing so, now, there is no way they can use this evidence.
The next evidence was supposed to be the second medical examination done at the Hospital Kuala Lumpur (HKL) at 4.00pm on Saturday, 28 June 2008. But then the outpatient department of the HKL was closed at 4.00pm on Saturday, 28 June 2008. So how could a second medical examination have been done? Yes, that’s right. No second medical examination was done and the doctors at the HKL refuse to doctor a medical report to say that the second medical examination had been done, when none had been done, or to say that they did find evidence of sodomy, when they did not.
Since none of the doctors at Pusrawi or HKL are cooperating with the police, the last piece of ‘evidence’ will have to be Saiful’s underwear. Okay, Saiful’s underwear does not really have Anwar’s semen stains on it. But this is a small matter. As long as someone from the Chemistry Department is prepared to testify that they did examine Saiful’s underwear and they did find Anwar’s semen stains on it, then that would be good enough. They will be able to build their case against Anwar and charge him for sodomy based on this ‘evidence’ from the Chemistry Department.
Scientists in Israel have demonstrated that it is possible to fabricate DNA evidence, undermining the credibility of what has been considered the gold standard of proof in criminal cases.
The scientists fabricated blood and saliva samples containing DNA from a person other than the donor of the blood and saliva. They also showed that if they had access to a DNA profile in a database, they could construct a sample of DNA to match that profile without obtaining any tissue from that person.
“You can just engineer a crime scene,” said Dan Frumkin, lead author of the paper, which has been published online by the journal Forensic Science International: Genetics. “Any biology undergraduate could perform this.”
Dr. Frumkin is a founder of Nucleix, a company based in Tel Aviv that has developed a test to distinguish real DNA samples from fake ones that it hopes to sell to forensics laboratories.
The planting of fabricated DNA evidence at a crime scene is only one implication of the findings. A potential invasion of personal privacy is another.
Using some of the same techniques, it may be possible to scavenge anyone’s DNA from a discarded drinking cup or cigarette butt and turn it into a saliva sample that could be submitted to a genetic testing company that measures ancestry or the risk of getting various diseases. Celebrities might have to fear “genetic paparazzi,” said Gail H. Javitt of the Genetics and Public Policy Center at Johns Hopkins University.
Tania Simoncelli, science adviser to the American Civil Liberties Union, said the findings were worrisome.
“DNA is a lot easier to plant at a crime scene than fingerprints,” she said. “We’re creating a criminal justice system that is increasingly relying on this technology.”
John M. Butler, leader of the human identity testing project at the National Institute of Standards and Technology, said he was “impressed at how well they were able to fabricate the fake DNA profiles.” However, he added, “I think your average criminal wouldn’t be able to do something like that.”
The scientists fabricated DNA samples two ways. One required a real, if tiny, DNA sample, perhaps from a strand of hair or drinking cup. They amplified the tiny sample into a large quantity of DNA using a standard technique called whole genome amplification.
Of course, a drinking cup or piece of hair might itself be left at a crime scene to frame someone, but blood or saliva may be more believable.
The authors of the paper took blood from a woman and centrifuged it to remove the white cells, which contain DNA. To the remaining red cells they added DNA that had been amplified from a man’s hair.
Since red cells do not contain DNA, all of the genetic material in the blood sample was from the man. The authors sent it to a leading American forensics laboratory, which analyzed it as if it were a normal sample of a man’s blood.
The other technique relied on DNA profiles, stored in law enforcement databases as a series of numbers and letters corresponding to variations at 13 spots in a person’s genome.
From a pooled sample of many people’s DNA, the scientists cloned tiny DNA snippets representing the common variants at each spot, creating a library of such snippets. To prepare a DNA sample matching any profile, they just mixed the proper snippets together. They said that a library of 425 different DNA snippets would be enough to cover every conceivable profile.
Nucleix’s test to tell if a sample has been fabricated relies on the fact that amplified DNA — which would be used in either deception — is not methylated, meaning it lacks certain molecules that are attached to the DNA at specific points, usually to inactivate genes.
No, the Chemistry Department has NOT come out with their report yet. There is no report from the Chemistry Department that says they found Anwar’s semen stains on Saiful’s underwear. This is because they first of all need Anwar’s specimen so that they can plant it on the underwear and so that the Chemistry Department can then ‘discover’ it.
But Anwar is being bloody silly. He is being extremely pigheaded and stubborn. He refuses to hand over his specimen. How can they plant Anwar’s semen on Saiful’s underwear when Anwar refuses to let them take his specimen? The Chemistry Department can’t prepare its report saying that it found Anwar’s semen on Saiful’s underwear until the police are able to plant it there. But Anwar does not want to voluntarily hand over his specimen so this plan is being upset a bit.
But never mind. As soon as Parliament convenes later this month they will rush through a new law that will make it mandatory for you to hand over your specimen if the police demands that you do so. Refusing to hand over your specimen when the police demand you do so will soon become a crime and you can be sent to jail. They will try to pass this law before Merdeka Day of 31 August 2008 and they will try to backdate the law and make it retrospective so that any ‘crime’ committed before the passing of this law will also be covered.
Soon they will get Anwar once the DNA Act becomes law and Anwar can no longer refuse to hand over his specimen. Then, once they have obtained Anwar’s specimen, the Chemistry Department will be able to ‘discover’ it on Saiful’s underwear. Then they will be able to arrest and charge Anwar. And, who knows, they might even be able to convict him as well.
Yes, this Shafee Abdullah the sodomologist is good. He has names, charts, notes, scribbling and etchings all over his whiteboard in the meeting room of his law firm. This meeting room has been the special police operations centre for quite a while now. It was set up long before the alleged sodomy crime took place on 26 June 2008. It was set up not to solve the sodomy crime. It was set up to create the crime.
But, thus far, they lack one very crucial piece of evidence. They lack Anwar’s specimen that they need to plant on Saiful’s underwear. But they will get it as soon as the new DNA Act becomes law and they can use this law to force Anwar to hand over his specimen. Then Anwar is finished and they can close down the special police operations centre in the meeting room of Umno lawyer Shafee Abdullah’s law firm and once again use this meeting room for fixing legal cases.
Our AG is a useless crony being used by the UMNOist to defend their corrupted members and to persecute the innocence. He had shown he lack credibility and being bias to certain cases. Fabrication is one of his specialities. Talking cock is another. Have you read the Unholy Trinity ?
READMORE THE JUDICIAL RHETORIC OF MORALITY, THE MOTHER OF JUDICIAL AXIS OF EVIL,GHANI PATAIL,MUSA HASAN ,EZAM ,ROSMA TENGKU SARIFFUDDIN HEADED BY MAHATIR
immediately, place both of these two Malaysian
CLOWNS under house arrest.
faster and higher you move up the ladder.
Malaysia BOLEH !!!
But these are recent cases, what about those cases in the past with political implications where he AG had used his powers that gave rise to suspicions of bias?
The PM had missed the opportunity to show he’s serious about judicial reform before he steps down when he selected Zaki to be the CJ.
, we the rakyat, must make sure, we vote in the government,
the one that care for rakyat, not corrupt…
do you have friends suffer in hospital ? do you feel you are being fairly treated ? do you feel your money spend wisely ? the government, we must exercise our right to tell them, be a good government that take care of rakyat,
This serious perception is not only common local-coffee-shop topic but also among foreigners. So if Pak Lah really has ears, he should have heard this talk and should have taken remedial action instead of allowing him to “bermaharajalela” for too long.
So now Pak Lah, you are paying partly for his wrong-doings.
Absolute power in the hands of AG can lead to absolute corruption just as absolute power in the hands of politicans can and will lead to absolute corruption.There must be proper check and balance if truth and justice are to have meaning and value to people who have respect for the system of rule of law.
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