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Sodomy case: Lose-lose for BN
Published:  Dec 2, 2009 7:51 AM
Updated: Dec 3, 2009 3:34 AM

your say 'What can be used to penetrate but leave no conclusive evidence in regard to the anus? It must be the legendary ‘Magic Dildo' where only the smartest people can see and feel...'.

Anwar fails to strike out sodomy charge

Changeagent: Our ruling government is pursuing a no-win strategy here with their ill-advised manipulation of the judicial system. Regardless of the verdict, the vast majority of the public are already convinced that Anwar Ibrahim is innocent, and that government machinery orchestrated this case to neutralise his threat in the next general election.

If Anwar is found guilty, the repercussions for Umno/BN would be quite severe - it would increase the resolve of the people to oust a much disliked government that is inept, dictatorial and corrupt. May justice prevail, and may more Malaysians awaken from their slumber to comprehend the troubling state of our beloved country.

Eddy: Finally, a year after he was charged, Anwar will get the chance to defend himself in a court of law. So much time and energy have been wasted by Anwar and his battery of highly-paid lawyers to avoid a trial.

Let the trial begin. If Anwar and his lawyers think they have the evidence fully on their side, then they should not worry. Anwar should not conduct his defence in the media by giving selective statements and spins. He should choose to go to trial and meet the prosecutors head on.

Or is Anwar afraid that in the trial, his game is up because the public prosecutor, led by solicitor-general II Yusof Zainal Abiden, had last week claimed they had extra-medical evidence to show Mohd Saiful had been sexually involved with Anwar?

Yusof drew the court's attention to a Hospital Kuala Lumpur (HKL) report which noted finding "a mixture of male DNA from two individuals" from a swabbing of Mohd Saiful's anus. So let the trial begin.

Kgan: Considering the time lag between Saiful's report and the alleged act (more than three days), any notion of extracting Anwar's DNA from Saiful's anus should be laughed out of court.

One visit to the toilet would have disposed of the "evidence". So didn't the accuser visit the toilet during that period? However, the judge isn't picked for his intelligence; he is picked for his obedience. So Anwar has good reason to worry.

In any rape complaint, the first action by the police is to send the complainant to a government doctor to verify penetration. If there is no evidence of penetration, the complaint will be thrown out by the police.

Only in Anwar's case can an accuser with no evidence of penetration make it to trial. Malaysia Boleh! ‘Satu lagi projek Barisan Nasional'.

Baffled: I don't quite understand the basis for this judgment. The judge said, "While the medical reports may ‘state no conclusive evidence to suggest penetration', this court however cannot cancel the charge," said Mohd Zabidin, adding, "The matter has to go through full trial to also consider the forensic evidence to determine the case."

Don't medical reports form the crux of any forensic evidence? Are we back to determining whether Anwar Ibrahim's DNA is present in that guy's anus, or on his body, or on his shirt/trousers/bedroom/house or any area within 100km where that guy has been? That only proves Anwar was there at most, or that the evidence was planted.

Eric Koay: What other "forensic" evidence can there be? And what can be used to penetrate but leave no conclusive evidence in regard to the anus? Ah! It must be the legendary ‘Magic Dildo' where only the smartest people can see and feel, people like the esteemed High Court judge.

Pete: So for all those cases where the sexual act was not concluded, the perpetrators should be set free? How many cases have we had where penetration may not have been completed, but there was intent for such acts, especially on minors by their fiend fathers. Should these people be freed too since no penetration was found?

Come on, we want to see justice done. Let's have the trial. After all, others have been accused/charged with murder on little evidence other than hearsay.

Mamboking: Remember the first case? When asked by the late Christopher Fernando if he was sodomised, the driver replied, "No!" And the lawyer asked him twice again and (Justice) Augustine Paul asked him a third time, and he still replied "No" to a shocked court house. In the end, although the ‘victim' said he was not sodomised, the court said there was evidence that he was indeed sodomised.

Only in Malaysia can such a thing happen. They say, "We know and understand that you were not sodomised, but our evidence showed that you were sodomised." What a joke! I fear history is about to repeat itself.

Lan Aziz: Correct me if I'm wrong, but as far as I can remember, the accuser in Sodomy Trial 1 did not go through any medical examination.

Azizan Abu Bakar, who claimed to have been sodomised by Anwar "many times", was not sent for a medical examination to corroborate his allegations. And yet, Anwar was found guilty and jailed.

Jacob George: This is a cowardly decision and a waste of the nation's time and resources which could be better spent in tackling other more pertinent issues of state.

The only good thing that can result from this episode is that it will again put the nation's institutions under the scrutiny of the international community, reminding them of the damage done by a former dictator.

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