Jakas believe it or not?
High Court judge Arifin Jaka's written judgment which was finally "forced out" 10 months too late, reinforces the standard to which the courts have reduced themselves in applying their "right to choose what they wish to believe".
He 'chose to believe' that Azizan was truthful and believable at the time he delivered the judgment. Azizan was found guilty of khalwat whilst he had pleaded that his new found religious beliefs were what led him to come out accusing Anwar of sodomy.
Jaka, once again in his written judgment, applies the test of believability on the strength of "he had nothing to gain whatsoever but stood to lose everything if his evidence was not true".
Yet he fails to apply the same test on the testimony of former director-general of the Anti-Corruption Agency (ACA) Shafee Yahaya showing the existence of bad blood between Anwar and Prime Minister Dr Mahathir Mohamad.
Does he mean to suggest that Shafee had nothing to lose in making such a testimony? Did it not occur to Jaka that a man who became the top guy of the ACA is now seen to be a man who is unbelievable to his friends and society?
Jaka chooses to apply different sets of tests as he wishes. Does Jaka have the right to such discretion? If indeed the judiciary as a whole can happily rely on Jaka's test of believability and admission of uncorroborated evidence, then surely the Election Court judge Muhammad Kamil's allegation of judicial interference should also be determined along the same precedence set by Jaka.
Eusoff Chin cannot complain if this test was applied because he allowed such a test to be applied while he was chief justice. Let us be fair to that man who is languishing in jail because our courts have reduced themselves to such a lowly test.
In closing, I would like to simply apply the human test and I challenge Jaka and all men on this one simple test. After so many years I still very clearly remember the day I lost my so-to-speak "virginity".
Azizan Abu Bakar claims to have been sodomised by none other than a man destined to be the next prime minister and yet he cannot place the time of when it happened with any amount of certainty, a timing that is only believable when one chooses to believe it as one can choose to believe that in fact it was the stork that delivered him into this world!


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