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Khamis, 25 Ogos 2011

Anwar Ibrahim

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Anwar Ibrahim


Sampel DNA Tidak Diuji Dengan Betul- Pakar

Posted: 25 Aug 2011 07:34 PM PDT

Keadilan Daily

9.15 pagi: Perbicaraan Datuk Seri Anwar Ibrahim di Mahkamah Tinggi Kuala Lumpur bermula dengan pakar DNA, Dr Brian Mc Donalds masuk ke kandang saksi untuk  menyambung memberi keterangan.

Ahli kimia Jabatan Kimia Malaysia, Dr Seah Lay Hong duduk di antara Peguam Cara Negara II, Datuk Yusof Zainal Abiden Noorn Badaruddin.

9.19 pagi: Dr McDonalds menerangkan kepada mahkamah cara untuk mengekstrak DNA daripada sel sperma.

9.29 pagi: Menurutnya, bahan kimia dikenali dengan nama DTT digunakan untuk mengekstrak DNA daripada sel sperma.

9.34 pagi: DTT akan 'membuka' kepala sperma membolehkan DNA diekstrak, kata Dr MacDonalds.

9.35 pagi: Karpal singh tiba di mahkamah.

9.44 pagi: "Jika analisa DNA tidak dilakukan dengan betul, bolehkah kita anggap sebahagian DNA tidak datang daripada sperma?" tanya Ram Karpal

"Ya, sebahagian DNA boleh datang daripada sel-sel epitelia (kulit)," balas Dr McDonalds.

9.53 pagi: Berdasarkan pemerhatiannya, ada kemungkinan Dr Seah tidak melakukan ujian DTT dengan baik,  kata Dr McDonalds.

Berdasarkan pemerhatiannya, ia tidak dilakukan oleh Dr Seah, kata Dr McDonalds.

"Berdasarkan bukti Dr Seah, beliau tidak menjalankannya.

"Sebab beliau tidak tahu samada terdapat DNA sel epitelia (kulit) dalam sampel sperma yang diambil," kata Dr MacDonalds.

10.07 pagi: Dr Seah tidak boleh menganggap DNA Saiful yang dijumpai dalam putik kapas ditanda B8 dan B9 datang daripada kulit Saiful kerana beliau tiada bukti untuk membuktikannya, kata Dr MacDonalds.

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Program Dato Seri Anwar Ibrahim Sempena Ramadhan

Posted: 25 Aug 2011 06:13 PM PDT

Dato Seri Anwar Ibrahim akan menunaikan solat Isya dan Terawikh bersama jemaah Masjid Al-Husna,PJS 10,Petaling Jaya,Selangor hari ini Jumaat, 26 Ogos 2011. Majlis juga akan diselitkan dengan sesi Tazkirah yang akan disampaikan oleh beliau.

Pejabat Dato Seri Anwar Ibrahim

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Profil DNA Lelaki Y Tercemar, Kata Pakar Australia

Posted: 25 Aug 2011 04:35 AM PDT

The Malaysian Insider

Pakar dari Australia memberitahu mahkamah hari ini bahawa seorang saintis telah melakukan kesilapan ketika mengendalikan ujian profil DNA yang pihak pendakwa telah gunakan untuk mengaitkan tuduhan liwat ke atas Datuk Seri Anwar Ibrahim sebelum ini.

Dr Brian McDonald, saksi keempat pasukan pembela berkata, ahli kimia kerajaan Nor Aidora Saedon telah melakukan kesilapan besar dalam kiraan pada ujiannya sehingga menyebabkan Anwar telah diputuskan sebagai "lelaki Y", profil DNA yang didakwa ditemui pada dubur pengadu Mohd Saiful Bukhari Azlan.

"Apa yang anda ada ialah campuran profil. Beliau melaporkannya sebagai satu prodil tunggal," kata Dr McDonald di Mahkamah Tinggi hari ini.

Kata beliau, Nor Aidora telah mencampur aduk garis panduan menjalankan proses ujian profil DNA, sehingga menyebabkannya memperoleh bacaan yang salah.

Perbicaraan membabitkan Ketua Pembangkang ini telah diberikan butiran analisis DNA secara terperinci termasuk penjelasan mendalam bagaimana untuk menanda dan membaca keputusan analisis.

"Jika ujian-ujian ini dijalankan di sekolah, beliau sudah pasti telah gagal," kata beliau lagi.

Pada Februari lalu, pasukan guaman Anwar berhujah dengan mempersoalkan profil-profil DNA yang diperoleh hasil ujian ke atas tuala.

Tuala itu diberikan kepada Anwar ketika ditahan di lokap ibu pejabat polis Kuala Lumpur tiga tahun lalu selepas dituduh meliwat Mohd Saiful.

Peguam pembela Ramkarpal Singh Deo berkata berdasarkan ujian "electropharogram" yang dijalankan oleh Nor Aidora ke atas tuala itu, analisis menunjukkan bahawa ada dua profil DNA — satu Lelaki Y dan satu lagi tidak diketahui profilnya.

Ketika memberi keterangan pada 23 Februari lalu, kata Nor Aidora, profil-profil DNA yang ditemui pada barang tersebut sepadan dengan lelaki tidak dikenali "lelaki Y", yang spermanya diperoleh dari dubur Saiful.

Keterangan pakar itu akan disambung esok.

Dato Seri Anwar Ibrahim’s Statement From The Dock

Posted: 25 Aug 2011 03:51 AM PDT

DALAM MAHKAMAH TINGGI DI KUALA LUMPUR

DALAM WILAYAH PERSEKUTUAN

PERBICARAAN JENAYAH NO: 45-9-2009

PENDAKWA RAYA

LAWAN

DATO' SERI ANWAR BIN IBRAHIM

STATEMENT FROM THE DOCK

My name is Anwar bin Ibrahim. I am the leader of the Opposition in Parliament. In the 1990s, I was the Finance Minister and Deputy Prime Minister until September 1998 when then Prime Minister Dato' Seri Dr Mahathir bin Mohamad sacked me after I had refused to resign. He had told me to resign or face dire consequences including criminal prosecution for alleged sexual and corruption offences. I refused and all hell broke loose. My unceremonious and grossly unjust dismissal simultaneously orchestrated with a trial by media under Mahathir's complete control triggered mass and widespread demonstrations throughout the country and launched the movement for change and reform known in our history as the Reformasi era.

After a series of show trials during which every rule in the book on evidence and criminal procedure was violated with impunity at the hands of the prosecution and the courts, I was convicted and sentenced to a total of 15 years.

THE CHARGE AGAINST ME

First and foremost, I categorically deny the charge against me. I want to state in no uncertain terms that I have never had any sexual relations with the complainant Mohamed Saiful. His allegation is a blatant and vicious lie and will be proved to be so.

This is a vile and despicable attempt at character assassination.  In this regard, let me reiterate that they can do all they want to assassinate my character and sully my reputation and threaten me with another 20 years of imprisonment but mark my words, they won't be able to cow me into submission. On the contrary, it only serves to fortify my conviction that the truth will eventually prevail. Come what come may, I shall never surrender. With apologies to Jean Racine in Phaedra:

"You know how well your tyranny favours my temperament and strengthens me to guard the honour of my reputation."

Yes indeed, I will guard it with my life if I have to. And if I may bring the message closer to home, let me quote the words of Nelson Mandela in his speech made from the dock in the famous Rivonia show trial of 1963 under the Apartheid regime:

"I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and to achieve. But if needs be, it is an ideal for which I am prepared to die."

Back in 1998, blindfolded and handcuffed, I was beaten senseless by the Inspector General of Police and left to die in the lock up at the Federal Police headquarters. However, it was by the grace of God that a few of the rank and file of the police took pity on me and nursed me to recover from the near lethal blows. There was then a cover up by Gani Patail (now the Attorney-General) and Musa Hassan (the IGP at the time that I was charged in this new episode) with the full knowledge and connivance of Dato' Yusuf, the current chief prosecutor in this trial. All these personalities were linked in one way or the other with the 1998 show trial and more insidiously with the suppression of evidence in respect of the black eye scandal and attempts to pervert the course of justice. These are the same personalities who are now actively involved in the current prosecution against me. Res ipsa loquitur, as they say, but in this regard I'm not talking about negligence but rather proof of criminality in this heinous plot betraying indeed "the deep damnation" of the conspiracy.

The circumstances are compelling that I elect to make a statement from the dock. And in this statement I shall attempt my utmost to place the truth ahead of the web of lies and deceit that has been spun thus far. To quote Shakespeare:

"And let us once again assail your ears,
That are so fortified against our story…"

Which has set me from the outset of the trial to have been deprived of a level playing field and subjected to inequality of arms vis-a-vis the prosecution.

The Prosecution's Failure to Discharge its Duties Professionally

1)    Even though these matters are done as a matter of routine in criminal proceedings, the Prosecution has consistently refused to disclose material critical to my defence, including: (a) prosecution witness list;

(b) primary hospital examination notes written by the medical examiners of the complainant at HBKL; (c) witness statements (including that of complainant); and (d) forensic samples and exhibits for independent examination and verification. All this has caused considerable prejudice to my defence and occasioned grave injustice. The only conclusion that one can reasonably draw from the prosecution's persistence in this act of perversity is that unseen hands are at work and it is certainly not the hand of God.

2)    Your failure to respond during the course of the trial to several attempts by persons hostile to me to discredit me by commenting on aspects of the trial. These included whether I should provide samples of his DNA; blaming the defence for the delay of the proceedings; and reporting on matters that were the subject of a suppression order. These public comments were made either in defiance of your orders that they not be made. They were made by UMNO officials and politicians, including Dato' Seri Najib orchestrated through the controlled electronic and print media, such as Utusan Malaysia, Berita Harian, the New Straits Times and TV3. The constant comments by the Prime Minister and UMNO officials in the media and adverse comments on the progress of the trial were clearly calculated to influence you and illustrates the political motive behind the charge.

3)    The latest act of blatant disregard occurred just last Tuesday and Wednesday over TV3 which broadcasted a pre-recorded interview with the complainant saying things which are clearly in contempt of the proceedings in respect of the trial. In particular, the audacious portrayal of himself as the victim who is a pious and God fearing Muslim who has sworn on the Quran that he is a witness of truth.

4)    But the truth is that even as the trial was in progress, the complainant who was engaged to someone else was shamelessly having an affair with a member of the prosecution team. Quite apart from the consequences of such an affair on the conduct of the prosecution, the complainant's facade of moral rectitude is shattered by this scandalous affair with the lady prosecutor who herself was also engaged with another man.

5)    In spite of all this, the complainant, assisted by the full force of the UMNO propaganda machine, via their media, has gone to town to vilify me. The point is that all comments were calculated to discredit me, adversely influence the course of the proceedings and to intimidate the witnesses at the trial. In spite of all these blatant transgressions, you have persistently refused to respond to any of these acts of contemptuous behaviour.

The solemn duty of a judge is not to sit mute when the law provides for a court of its own motion to issue show-cause notices against those who interfere in the administration of justice. I am reminded of the maxim Judex Habere Debet Duos Sales, Salem Sapicutiae, Ne Sit Insipidus, Et Salem Conscientiea, Ne Sit Diabolous, the English translation of which is,

'A judge should have two salts, the salt of wisdom, lest he be insipid; and the salt of conscience, lest he be devilish'.

The office of a judge is one of the most honourable in the country; he is the voice of the legislator and the organ for dispensing justice; he holds the balance between the executive and the subject.

Even more significantly, in the discharge of his duties, the judge should be mindful of Allah's command:

"…and let not hatred of others

Swerve you into error

And depart from justice.

Be just, that is nearer to piety

Fear Allah, For Allah is

well acquainted with all that you do"

Surah al-maidah: 8

In the middle of the Second World War in 1942, Lord Atkin, in Liversidge v Anderson, had occasion to say in the House of Lords,

'It has long been one of the pillars of freedom…that the judges are no respecters of persons and stand between the subject and any attempted encroachment on his liberty by the executive, alert to see that any coercive action is justified by law'

In my case, Y.A., presiding in an adversarial trial, had the residual power and the jurisdiction to have invoked Y.A.'s powers relating to contempt of court. Y.A. chose not to do so for reasons best known to Y.A.. What has happened is not in the best traditions of the Judiciary. In the ongoing Banting murder trial, the learned trial judge in that case, Y.A. Datuk Akhtar Tahir, took it upon himself to summon a local television producer over a clip it aired during its prime news slot relating to the defence in the murder trial of Datuk Sosilawati Lawiya and three others. A newspaper clipping of that report is annexed herewith. Y.A. Datuk Akhtar Tahir has courageously demonstrated judicial activism in the name of human rights and the essential requirement of a fair trial.

To compound the position to incredulity, the open scandal relating to DPP Farah Azlina Latiff having an affair with PW1 did not concern Y.A. This invidious relationship should have alerted Y.A. in that I was been denied a fair trial for the simple reason that Farah Azlina Latiff would have had access to the investigation papers being a member of the prosecution's team and, therefore, PW1 would, through this relationship, would have had knowledge of the statements given by witnesses, including my alibi witnesses in the course of the investigation.

Y.A. did not even chastise Farah Azlina Latiff for the illicit affair with SP1. All that was done was that Farah Azlina Latiff was taken off the prosecution team at the behest of the prosecution which was an open confirmation of the existence of that illicit affair. Farah Azlina Latiff did not deny the allegations against her. Neither was PW1 recalled by the prosecution to deny the existence of this unsavoury affair.

The Attorney-General had publicly stated the reasons would be given later to account for the sordid affair. That has yet to eventuate.

Yet, in the face of this, Y.A., at the close of the prosecution case, made a finding that PW1 was a truthful witness from this passage in the judgment as follows,

'Nothing came out from the lengthy cross-examination of PW1 or from the evidence of other prosecution's witnesses that could suggest what PW1 had told in his evidence was something which was not probable. I find PW1's evidence remains intact. He had truthfully and without embellishment or exaggeration in his evidence narrated in minute detail how he was sodomised by the accused on the date and at the place stated in the charge. I find him to be truthful witness and his evidence is reliable and if accepted would establish all the facts required to prove the charge against the accused.'

My lawyers had clearly made the submission that Y.A. had made a prejudgment when Y.A. ought to have only made findings as to who was telling the truth at the conclusion of the defence, in which event, I would have given evidence under oath. My lawyers did not, at any time, advert to the passage above in isolation. They zeroed in on the obvious, namely, whether a witness was truthful or not had to be decided at the close of the defence case. The provisions of section 182A(1) of the Criminal Procedure Code provided the judge with that guidance but to no avail. That section bears repeating. It states:

'At the conclusion of the trial, the court shall consider all the evidence adduced before it and shall decide whether the prosecution has proved its case beyond reasonable doubt.'

Pursuant to what I have stated above, I have been denied the benefit of putting up my defence under oath. That amounts to deprivation of a fair trial and the existence of a level playing field.

The Court of Appeal going out of line

My appeal to the Court of Appeal over the recusal of Y.A. on account of prejudgment, following which would have resulted in biasness was heard on 6th July, 2011. A copy of the order is annexed herewith. No written judgment was handed down by the Court of Appeal on 6th July. The appeal was dismissed summarily on the preliminary objection taken by the prosecution that the order appealed against was not a final order. Those were the reasons given in open court. Nothing more, nothing less. The Court of Appeal took no more than five minutes to dispose of the appeal.

Unbeknownst to me or my lawyers, there was at the same time a 40-page judgment under the hand of Y.A. Datuk Haji Abdul Malik Bin Haji Ishak also dated 6th July, 2011. A copy of that judgment is annexed herewith.

Why did the Court of Appeal not read out the 91 paragraphed grounds of judgment dated 6th July on 6th July itself? Obviously, this judgment was at hand on 6th July but had surreptitiously been concealed from my knowledge and the knowledge of the public. The letter dated 11th August, 2011 supplying a copy of this judgment to my lawyers is annexed herewith. As is usual, Y.A. must have had the benefit of reading this judgment which will further exacerbate your bias against me. The judgment is an open and flagrant attack on me to which I will advert in due course. Suffice to say at this juncture that here is a judgment of the Court of Appeal written after 6th July, 2011 which contains harsh criticism against me without my being given the opportunity to reply.

But that begs the question: the appeal had been dismissed in limine on the ground that the order appealed against was not a final order. That should have been the end of the matter because it followed that the court had no jurisdiction to entertain the appeal. [Y.A. Datuk Haji Abdul Malik Bin Haji Ishak sat mute during the course of submissions on the preliminary objection]. The matter did not go beyond into the merits. That is what the Court of Appeal announced on 6th July without going an inch further. The preliminary objection is adverted to, not as the main part of the judgment. The major part of the judgment goes beyond. It is a frolic of his own used for the purpose of hitting out at me.

If that was so, why did Datuk Haji Abdul Malik Bin Haji Ishak embark upon a relentless attack on me in the rest of the judgment? In fact, he had no jurisdiction to do so. This is a blatant abuse of judicial power, perhaps in a surreptitious attempt to curry favours of the political masters? Otherwise, how else can one explain as to why he embarked upon such a scurrilous attack on me by stating in the following paragraphs as numbered:

'[5] This case will fall in history. It will be chronicled as the only known case in our country or for that matter within the Commonwealth enclave where the appellant as an accused person persistently and consistently filed one application after another in an attempt to recuse the learned trial judge from hearing and continuing to hear the sodomy trial which is ongoing.

[6] It seems that the appellant here is trying his level best to scuttle his sodomy trial for reasons best known to him, much to the chagrin of the prosecution and the exasperation of the members of the public at large.

[15] It was certainly an uncalled for criticism [against the learned judge] bent to deceive and confuse the uninitiated. It is easy to criticise but it is always difficult to justify it.

[18] It is also difficult for us to accept that the Notice of Motion was filed out of a genuine belief that the learned trial judge had been biased against the appellant.

[49] The charge graphically described what the appellant did to Mohd Saiful Bukhari Bin Azlan [PW1.] [It is elementary that it is the evidence, not the charge, which proves an offence].

[50] The trial was unduly prolonged. It received wide media coverage.

[56] After such a fine display of judicial impropriety, Y.A. Datuk Haji Abdul Malik Bin Haji Ishak now has audacity to patronize us about a sound judicial system by stating, in what sounds like a broken symbol, as follows:

'The perquisites of a sound judicial system are independence and impartiality. For an effective and a strong judicial system, the impartiality of its judges are of paramount importance. But it cannot be denied that the public's confidence in the judicial system is shaped and moulded more by appearances.

Y.A. Datuk Haji Abdul Malik Bin Haji Ishak rather ungraciously, and without jurisdiction, took a swipe at the judgment of his brother judges of the Court of Appeal including Richard Malanjum, now Chief Judge (Sabah and Sarawak), with the obvious purpose of humiliating them when stating:

'[72] Rowstead did not consider the "real danger of bias" test in determining whether the learned JC should have recused himself notwithstanding the Federal Court had earlier on applied the said test in:

(a) Majlis Perbandaran Pulau Pinang v Syarikat Bekerjasama-sama Serbaguna Sungai Gelugor dengan Tanggungan [1999] 3 MLJ 1, FC; and

(b) Mohamed Ezam bin Mohd Nor & Ors v Ketua Polis Negara [2002] 1 MLJ 321, FC

[73] Consequently, Rowstead's suggestion that the request for recusal to be heard

by another judge is quite radical. We categorically say that the recusal request, like the present matter, was rightly heard at the first instance by the learned trial judge and followed by this court.

[74] Rowstead did not consider nor ventilate on section 3 of the CJA read with section 50(1)(a) of the CJA and the Explanatory Statement thereto.

[75] The recusal application housed in the Notice of Motion concerned a long protracted trial that saw the legal manoeuvrings activated by the appellant at every nook and corner in an attempt to scuttle the criminal trial of the appellant for an offence of sodomising PW1. It is the mother of all trials in Malaysia.'

[I had every right to exhaust all legal remedies open to me. No attempt has been made by anyone, or any quarter, to prevent me from doing so by seeking an order to declare me a vexatious litigant].

As alluded to earlier in this statement, Y.A. would have had the advantage of reading this judgment after it was distributed by letter dated 11th August, 2011. This, in effect, amounts to placing, by Y.A. Datuk Haji Abdul Malik Bin Haji Ishak, alleged bad character evidence on my behalf.

In view of this, how can I get a fair trial or even the semblance of one before the trial judge now who has been further put in a position to compound biasness against me?

How can I possibly give evidence under oath when the DPP has, in his possession, the same judgment which could be used against me in cross-examination? Y.A. cannot be disabused of what has been fed to Y.A. by Y.A. Datuk Haji Abdul Malik Bin Haji Ishak when delivering a judgment dated 6th July, 2011 which obviously, having regard to the length thereof, must have been prepared well before 6th July, 2011.

This is scandalous.

Then again, why wasn't the judgment which, even if written after midnight on 5th July, 2011 read out in open court so that I could counter and demolish all the allegations made against me by Y.A. Datuk Haji Abdul Malik Bin Haji Ishak?

It is elementary no one should be condemned, unheard. This is axiomatic. As far back as 12th August, 1999 the Federal Court, the highest court in the land, in Insas Bhd and Anor v Ayer Molek Rubber Company Bhd and others had occasion, after adverting to the authorities on the position to rule,

'The offensive remarks made by the Court of Appeal against the High Court, the applicants and their counsel ought to be expunged from the judgment of the Court of Appeal, as it had a tendency to bring the whole administration of law and order into disrepute. Judicial pronouncements should be judicial in nature and should not depart from sobriety, moderation, and reserve. It also should not display emotion and intemperance, as displayed in the judgment of the Court of Appeal.'

Adverting to an Indian Supreme Court case of State of Uttar Pradesh v Mohd Naim, the Federal Court had occasion to adopt what was said there as follows;

'If there is one principle of cardinal importance in the administration of justice, it is this: the proper freedom and independence of judges and magistrates must be maintained and they must be allowed to perform      their functions freely and fearlessly and without undue interference by anybody, even by this court. At the same time it is equally necessary that in expressing their opinions, judges and magistrates must be guided by considerations of justice, fair play and restraint. It is not infrequent that sweeping generalizations defeat the very purpose for which they are made. It has been judicially recognized that in the matter of making disparaging remarks against persons or authorities whose conduct comes into consideration before courts of law in cases to be decided by them, it is relevant to consider: (a) whether the party  whose conduct is in question is before the court or has an opportunity of explaining or defending himself; (b) whether there is evidence on  record bearing on that conduct justifying the remarks; and (c) whether  it is necessary for the decision of the case, as an integral part thereof, to animadvert on conduct. It has also been recognized that judicial pronouncements must be judicial in nature, andshould not normally depart from sobriety, moderation and reserve.'

In Insas, the Federal Court adopted what was said in AM Mathur v Pramod Kumar Gupta & Ors when dismissing an apparently unsustainable review petition which had certain derogatory remarks against Mr AM Mathur, a senior advocate and also the ex-Advocate General of the State. The Court had occasion to hold,
'Judicial restraint and discipline are as necessary to the orderly administration of justice as they are to the effectiveness of the army. The duty of restraint, this humility of function should be a constant theme of our judges. This quality in decision-making is as much necessary for judges to command respect as to protect the independence of the judiciary. Judicial restraint in this regard might be better called judicial respect, that is, respect by the judiciary. Respect to those who come before the court as well as to other co-ordinate branches of the State, the executive and the legislature. There must be mutual respect. When these qualities fail or when litigants and public believe that the judge has failed in these qualities, it will be neither good for the judge nor for the judicial process. The Judge's Bench is a seat of power. Not only do judges have power to make binding decisions, their decisions legitimate the use of power by other officials. The judges have the absolute and unchallengeable control of the court domain. But they cannot misuse their authority by intemperate comments, undignified banter of scathing criticism of counsel, parties or witnesses. We concede that the court had the inherent power to act freely upon its own conviction on any matter coming before it for adjudication, but it is a general principle of the highest importance to the proper administration of justice that derogatory remarks ought not to be made against persons or authorities whose conduct comes into consideration unless it is absolutely necessary for the decision of the case to animadvert on their conduct.'

Chief Justice of India, Bhagwati, in State of Madya Pradesh & Ors v Nandlal & Ors, in expressing his strong disapproval of the strictures made by the judge, stated:

'We may observe in conclusion that judges should not use strong and carping language while criticizing the conduct of parties or their witnesses. They must act with sobriety, moderation and restraint. They must have the humility to recognize that they are not infallible and any harsh and disparaging strictures passed by them against any party may be mistaken and unjustified and if so, they may do considerable harm and mischief and result in injustice. Here, in the present case, the observations made and strictures passed by BM Lal J were totally unjustified and unwarranted and they ought not to have been made.'

How could I under these circumstances give evidence under oath?

Y.A., when making the order for the witnesses offered to the defence for interview in court, gave a lifeline to the witnesses in stating in open court that they could refuse to be interviewed. Y.A. did not in doing so evenly handle the scales of justice. Y.A. created and perpetuated an imbalance unbecoming anyone holding the mantle of justice. In fact, the Prime Minister, Dato' Seri Najib Tun Razak, and his wife, Datin Seri Rosmah binti Mansor, former Inspector General of Police, Tan Sri Musa Hassan, and SAC Dato' Rodhwan bin Ismail who featured prominently in the evidence of PW1 came to the interview room echoing similar protests namely, "We are not prepared to be interviewed" with the Prime Minister saying Y.A. suggested this could be done. These were material witnesses compelling the defence now to resort to causing subpoenas to be issued for their presence.

Y.A. has created a position under which I cannot give evidence under oath. I say, with all the force at my command, that I would have been prepared and willing to give evidence under oath but for the handicaps foisted on me, in the manner Y.A. has conducted the trial and in the manner in which the Court of Appeal judgment dated 6th July, 2011 would have come to the notice of Y.A. with regard to what I have stated herein before.

My trial is an adversarial one and Y.A. ought not to have descended into the arena by suggesting witnesses offered to the defence could deny to be interviewed. It did not come within the province of Y.A. to do so.

My alibi witnesses made known to the prosecution were in fact included in the prosecution list of witnesses which was not supplied to my lawyers. They were defence alibi witnesses. I am informed this is the first time this has been done.

In fact, the owner of the unit 11-5-2, Haji Hasanuddin bin Abd Hamid, had been harassed by the police for  a total of thirty hours in the recording of his statements which were all video recorded. This was obvious when he was interviewed by the defence lawyers in my presence. The police investigation has scuttled my defence.

To make a mockery of the situation, the prosecution offered at the close of their case an alibi witness named, Fitria binti Dipan, who by their own admission cannot be traced.

THE COMPLAINANT'S ALLEGATIONS ARE PURE FABRICATION

As I have said at the outset, I categorically deny the allegations made against me by the complainant.

The complainant stated in evidence on 26th June, 2008 he arrived at Kondominium Desa Damansara at 2.45 p.m. to discuss work matters and hand-over documents given to him by one Ibrahim Yaakob [my Chief of Staff] to myself. He says he stopped his van at the security post and mentioned the code name 'Mokhtar' to the guards at the condominium before being allowed in. He parked his vehicle and took the lift to Unit 11-5-1 where I was allegedly seated at a dining table in the living room. He says he sat down at the same table and started the discussion. He told the court of the crude manner in which I had allegedly asked for sex.

The following appears in his evidence thereafter (as attached)

When questioned, he answered that he was angry and scared and that he was not prepared to do it but purportedly because I had appeared angry, he eventually obliged. It has to be observed at this stage the complainant could have, on his own admission in examination-in-chief, left the room as there is no evidence of any attempt by me to latch the door from inside.

He had further alleged that he was ordered into the bedroom and that he did enter out of fear. Even at this stage, the complainant had the opportunity to leave the living room. He did not do so. The rest of the evidence in this regard clearly showed that the complainant had every opportunity on every occasion to flee but he did not do so. His reason was that he was petrified by fear. But such a reason flies against the facts. Here is a man in his early twenties, a six-footer, physically fit and robust and with powerful connections in the top police brass as well as the political elite with access to the very inner sanctum of power. Additionally, he has also been a key UMNO student operative, having undergone the rigorous training conducted by the Biro Tats Negara of the Prime Minister's Department. And here I was a 60-year-old man with a history of back injury who had undergone a major back surgery holding no position of power. If indeed I could have exercised any kind of undue influence or mental pressure on him, this could have been easily neutralized by a quick phone call to his connections. As regards the fear of physical harm, it would take a great stretch of the imagination to suggest that I could pose any physical harm to him.

Under cross-examination, the following significant evidence was elicited from the complainant. He admitted that he had brought along lubricant and had himself voluntarily and without hesitation applied it. He claimed that carnal intercourse took place and that it was painful and coarse. However, this was clearly not borne out in the medical evidence in the prosecution case suggesting fissures or tears. After the alleged act, he testified that he had a drink and engaged in a friendly conversation with me. Startlingly, no attempt was made by the complainant to seek immediate medical attention. Instead, he attended a PKR function the following day. In the evening, he joined a meeting of the Anwar Ibrahim Club at my house without showing any sign of either emotional or physical discomfort let alone trauma. On the contrary, he was going about matters in a calm and confident manner. His conduct therefore is totally inconsistent with having been violated. In any event, he neither made a police report nor sought medical attention, notwithstanding that two days prior to the alleged act, he had met with Najib and Rosmah as well having talked on the phone with Musa Hassan and met with Rodhwan at a hotel.

It is obvious, from the evidence above, that the complainant was lying through his teeth although Y.A., despite the compelling evidence to the contrary, found him a truthful witness at the close of the prosecution case. This defies logic, let alone the law.

Then again, the expert evidence with regard to DNA led in the course of prosecution case through PW4, Dr. Seah Lay Hong and PW5, Nor Aidora bt Saedon was highly questionable in that crucial information pertaining to the DNA analysis of both the said witnesses which they were obliged to furnish to the court was suspiciously withheld despite them confirming the existence of such information. The real possibility that the samples analyzed were contaminated and even planted were completely disregarded despite such possibilities coming clearly within guidelines set by the international forensic community which were completely ignored, if not, blatantly disregarded by PW4 and PW5 to fit the prosecution's case. It is obvious had the said possibilities been explored, the conclusions reached would have been very different in that the complainant's own semen was found in his own anus, there was ample evidence of contributors other than Male Y around the complainant's perianal, lower and higher rectal region and there was clear evidence of the samples having been tampered with before they were sent for analysis. In such circumstances, the integrity of the said samples was surely compromised. Furthermore, the impartiality of PW4 was highly questionable having regard to the way in which she completely dismissed the very high possibility that the samples sent to her would have degraded to a certain degree by the time they reached her which such degradation was completely absent from all samples in this case. This clearly points to the obvious reality that the samples sent for analysis could not have been what were extracted from the complainant's person.

Trial within a Trial

The Gestapo-like manner in which I was arrested and the subsequent detention and interrogation by the police all betrayed the hands of the political masters at work. What was the need to send in balaclava clad commandos to effect the arrest if not to attempt to flex political muscle and to display pure vindictiveness? These startling facts were completely ignored by Y.A.

Y.A. had made an earlier ruling to exclude the recovery of certain items including water bottle, Good Morning towel, tooth paste from the lock-up at IPK, Kuala Lumpur where I had been detained overnight from 16.7.08 to 17.7.08. However, you reversed this ruling subsequently which is something most shocking and unprecedented.

Although in the Trial Within a Trial, I had adverted to the role of Taufik and Supt. Jude Pereira, the prosecution elected only to call Taufik in rebuttal in the Trial Within a Trial. Taufik attempted to produce a photostat copy of the warrant of arrest which was only marked as an ID and, therefore, could not be considered as evidence in the Trial Within a Trial. A photostat copy of a document is not admissible as evidence in a court of law. It was in the Trial Within a Trial that primary evidence of the document ought to have been given if the original record had been lost or destroyed.

The prosecution could not, by producing the original warrant of arrest in the main trial, cure the infirmity. It is in evidence that 3 copies of the warrant of arrest were in the possession of Supt. Jude Pereira. The evidence of the warrant of arrest was available during the Trial Within a Trial.

Even Supt. Jude Periera, whose role was adverted to by me during the Trial Within a Trial, chose not to take the stand despite having had the opportunity to have produced the original copy of the warrant of arrest in the Trial Within a Trial.

It was during the Trial Within a Trial that Supt.Jude Periera should have testified. It was clearly unlawful for the court to accept Supt. Jude Periera's evidence in the general trial for the purpose of rebutting my evidence in the Trial Within a Trial that the DNA profiling from the Good Morning towel, toothbrush and mineral water bottle had been obtained by unfair methods and unfair means and my arrest, therefore, had been procured unlawfully.

In fact, Supt. Jude Periera's evidence in the general trial confirms that there had been non-compliance with Rule 20 of the Lock-up Rules, 1953 in that I, after my arrest on 16.7.08, had not been placed in the lock-up from 6pm to 6am the following day. The provisions of Rule 20 are mandatory.

If this was the position in our case, which it was, then, clearly, my being taken to the HKL in breach of Rule 20 reflected unfair means and unfair methods being employed by the police to obtain the DNA profiling from the items set out hereinbefore. The position is further compounded by the evidence of Supt. Jude Periera in the general trial that he did not direct police personnel in charge of the lock-up not to touch the said items despite the police personnel in the general trial before the Trial Within a Trial, clearly, saying that Supt. Jude Periera had done so.

So the position comes to this, Supt. Jude Periera, in his evidence on oath in the main trial, supports the defence case that unfair methods and unfair means had been used by the police to obtain DNA profiling from the items set out hereinbefore.

From the ruling made by the court to exclude the items, it is clear it was based on unfair means and unfair methods employed by the police meaning it was by trick and deception that the police attempted to introduce the DNA evidence.

In any event, from the evidence of DSP Taufik given in the Trial Within a Trial and the general trial, the grounds of arrest could not have been given by him to me in Segambut as this is, clearly, contradicted by the evidence of S.N. Nair and myself.

The question of challenging evidence given in the main trial by DSP Taufik and Supt. Jude Periera does not arise. It was the assertions made under oath by me that my arrest was unlawful and unfair methods and unfair means had been used to obtain his DNA profiling in the Trial Within a Trial stood unchallenged by the prosecution by leading lawful evidence in rebuttal of those assertions. In fact, Y.A. should have drawn an adverse inference against the prosecution for not having done so.

FORENSIC EVIDENCE

The prosecution case rests on the evidence of the DNA and so called "findings of seminal fluid" or "sperm" as they claim. As a matter of fact, this is the only forensic evidence upon which the foundation of the prosecution's so-called proof rests. Yet, this foundation is erected on shaky grounds though this has not prevented them working in hand in glove with the powers that be to mount an insidious and relentless campaign to vilify me.

The fact is that there is not an iota of evidence, DNA or otherwise, that has ever been found in the premises of the alleged act, not in the wash room, bed room, carpets or anywhere else where such evidence ought to have been found.

Supt. Pereira, despite being instructed to keep the HKL samples (marked B1 to B10) in a freezer, deliberately defied the instruction of Dr Siew Sheue Fong (HKL Forensic Doctor) and also admitted that he was in serious breach of the IGSO, (he even stated he took full and personal responsibility for breaking of the IGSO), when he deliberately kept the HKL samples in his office cabinet for about 43 hrs before delivering them to the Chemist. One must not forget that the alleged act was supposed to have occurred two days prior to the said samples having been extracted. Coupled with this 43-hour delay in delivery to the Chemist, it would mean that the samples were already at least 90 hours old by the time they were examined by the Chemist. Undoubtedly, the samples would have totally degraded. Yet evidence by the prosecution claimed that no degradation of any consequence had occurred.

In any event, even the 43-hour delay alone would have seriously compromised the integrity of the samples in terms of its deterioration due to bacterial action. Also, by not storing the samples in the police exhibit store (which will accord access only to him), his deliberate omission of such strict rules of the IGSO has by his very act, presented an opportunity and possibility of tampering of the samples as access to others was made easier. This was disregarded.

There are also no cogent or compelling reasons both in law and practice for Supt Jude Pereira to cut open P27 (the big tamperproof bag containing all the HKL samples which was sealed and handed over to him), ostensibly to remark them (B1 to B10). It is clear that this act was just a convenient excuse to get access to the individual samples which by themselves were clearly not tamperproof as they were deliberately "sealed" with ordinary and easily removable tapes and easily removable HKL paper seals.

Dr Siew Sheue Fong , as evident in court, was most reluctant to refer to his medical notes during cross examination despite being unable to remember details. During the break he was caught surreptitiously taking a sneak peek of his notes. This dishonest act of a professional doctor who ought to have conducted himself in a fair and independent manner was blatantly ignored. Many a time Dr. Siew and Dr Mohd Razali Ibrahim deliberately chose not to answer pertinent questions put to them by my counsel. Instead Dr Siew  and Dr Razali's evidence was accepted without reservation.

Dr Seah Lay Hong  (the Chemist) gave evidence that when she received the 12 HKL samples there were 2 samples that were marked as taken on very different dates, she testified she did nothing to seek clarification from Dr Siew . She further testified that she "gave the benefit of doubt" to Dr Siew. My lawyers submitted strenuously that such acts and/or omissions amount to a serious breach of the cardinal rules of international lab protocols and those of the Jabatan Kimia Malaysia. Despite such blatant exposures and abject failures of non observance of strict rules, Dr Seah's evidence was well received and in totality when it ought to have been jettisoned in totality for reasons of incompetence and gross negligence.

The defence evidence will show that the prosecution claim to have proof of the presence of "seminal fluid" or "sperm" is completely unfounded. In fact, this purported proof is nothing but pure fabrication, a fact which is not that unusual considering the past history of the prosecution in this regard. If they had had any such forensic evidence, they would have guarded it for dear life rather than let it being handled in such a sloppy manner.

SUMMATION

Your Lordship has failed to ensure a fair trial as demonstrated, inter alia, by the following instances:

1. Your refusal during the course of the trial to order disclosure of material critical to my defence, most of which you thought was sufficiently relevant and which fairness required that you should order it to be disclosed before the trial. Your failure to fairly and properly exercise his judicial discretion to order disclosure was not only contrary to Malaysian laws but violated the international standards expected of a modern state which purports to practice the rule of law.

2. Your refusal to act accordingly either to take cognizance or to hold to account those responsible for the flagrant acts of leaking and publishing in the media of prosecution submissions before the matter was heard in court; your utter indifference to my protestations about these transgressions has wittingly or unwittingly facilitated the conspiracy to vilify me in the court of public opinion even as the trial is in progress.

3. Your failure to order that witnesses critical to my defence attend the trial to testify, in circumstances where their involvement was patently material to the issues at trial and recorded under oath in the complainant's testimony and admitted by statements made by these witnesses to the media. These witnesses relate to the circumstances in which the complainant came to make his early complaints against me. Nothing could be more material to the credit of the complainant.

4. Your finding the complainant to be "a truthful witness" at the close of the prosecution case clearly amounted to prejudgment demonstrating in the process a clear bias against me. Consequently, you have deprived me of my constitutionally guaranteed right to a fair hearing the effect of which is to entitle me to an unconditional release with the charges leveled against me falling to the ground. Notwithstanding this, you have not only failed to order my release but have adamantly refused to recuse yourself from further presiding at the trial.

5. Your arriving at the conclusion that the complainant was a witness of truth without first hearing the evidence of the defence would render the continuation of this trial an exercise in futility. What use would there be for me to adduce evidence to show that the complainant is in fact a liar if you have already found "him to be a truthful witness" and that his evidence is reliable and conclusive and by virtue of that irrefutable? It is untenable and the law does not allow you to do what you have done.

6. Your finding that the complainant has corroborated himself by complaining to the medical doctors of sexual assault was a glaring error of law apart from it being in gross disregard of a finding of fact, that is, that the clinical finding had indicated no evidence of penetration. Additionally, your failure to question why the prosecution has for no apparent reason refused to call in the first medical officer who had examined the complainant to testify. Did it not cross your mind that this failure was prompted by the need to suppress evidence that might be unfavourable to the prosecution?

7. Your accepting without hesitation the forensic evidence as corroborative of the complainant's account in circumstances where there were obvious concerns about how those samples were obtained, labelled, stored and analyzed.

CONCLUSION

This entire process is nothing but a conspiracy by Prime Minister Dato' Seri Najib Razak to send me into political oblivion by attempting once again to put me behind bars. I therefore declare that I have no faith whatsoever that justice will prevail in these proceedings notwithstanding the valiant efforts made by my defence team. As I have said at the outset, this is not a criminal trial. It is a charade staged by the powers that be to put me out of action in order that they remain in power.

In 1998, Tun Dr. Mahathir Mohamad did just that and by his Machiavellian use of all the organs of power of the State, succeeded in getting me convicted for fifteen years for offences that I had never committed. Such was the tyranny and injustice done to me then. And such is the tyranny and injustice being perpetuated today.

Najib Razak is doing the same thing as his mentor did, which is to employ all means within his power through the media, the police, the Attorney General and the judiciary in order to subvert the course of justice and to take me out of the political equation.

This relentless conviction to send me back to prison became all the more imperative because of the major victories gained by the opposition Pakatan Rakyat in the March 2008 elections. Their worst fears were confirmed when it became clear that once my legal disqualification was over I would be contesting for a parliamentary seat and if I won, would be elected leader of the opposition.

It was therefore no coincidence that this new conspiracy surfaced three months after the March 2008 victories and the formal charge against me was made just one month prior to my contesting the Permatang Pauh parliamentary seat. The sequence of events that unfolded prior to the formal charge appeared to be lifted from the plot of 1998 minus, in this latest episode, the black eye affair and the purported victims being led into court as partners in crime. In this second episode, the conspirators have tweaked the plot to make the complainant take on the role of a helpless victim, having realized that the 1998 method of employing Stalin-like confessions and the portrayal of the alleged victims as remorseful and repentant sexual deviants were just too much for the public to believe.

Hence, during the entire examination of the complainant, the prosecution left no stone unturned in their attempt at painting the picture of a helpless, naive and innocent young man who is a witness of truth and whose testimony should be believed regardless of any evidence to the contrary. The fact is that in the entire scheme of things, the complainant, who was just a university drop out working part time helping out my chief of staff, is essentially a pawn being employed by the shady plotters to achieve their devious ends in the conspiracy. And yet it was the decision of the court after the close of the prosecution case that he indeed is a truthful witness.

The preparation entailed in this conspiracy was most elaborate and went all the way to the Prime Minister himself and his wife Rosmah Mansor both of whom by the complainant's own admission had met him in their residence where he purportedly complained of being sexually assaulted. The initial statement by Najib that he had met with the complainant merely to discuss about a scholarship was a blatant lie only to be retracted later after various exposes were made via the social media and the internet blogs. It was obvious that neither Najib nor Rosmah would not want to be seen to be part of the conspiracy being themselves embroiled in a series of other scandals the details of which have been raised in Parliament which to date have never been categorically refuted. But the stakes in this conspiracy are so high that nothing can be left to pure chance for indeed the prospect of the UMNO led Barisan Nasional losing power to Pakatan Rakyat is becoming more real by the day.

The main thrust of the conspiracy was to fabricate this sodomy charge in order to inflict maximum damage to my character in the run-up campaign to the by-elections.  Towards this end, an intense and virulent media blitz was launched concurrently with the staging of rallies and ceramahs where the focus of the debate was not on any social, economic or even political issues but purely on my person and my morality. The plotters for reasons known only to themselves became privy to information which would be used subsequently by the prosecution and went to town in an orgy of character assassination calculated no doubt to ensure a humiliating defeat for me in the polls. But Allah is Great and instead of losing, I won the Permatang Pauh seat with a thumping majority of 15,000 votes.

But the zeal to consign me to political oblivion continues unabated. Najib seems to think that by destroying my political future, it would also destroy the prospects of Pakatan Rakyat ever coming to power.

Hence, nothing is spared to ensure that I will be convicted in order that the UMNO led Barisan government continues to rule.

Having regard to all the above, I now wish to state that this trial is for all intents and purposes a show trial. I say this not to mock your Lordship nor with animosity towards anyone personally but I sit before you in the dock only to speak what I know and what I believe with conviction to be the truth. And this conviction is borne by having been in public service for more than forty years a quarter of which was spent within the walls of incarceration in Kamunting and in Sungai Buloh. The fact remains that I was condemned to imprisonment not because of any crime that I had committed but for my political beliefs and convictions and more significantly because back in 1998 I had posed a clear and present threat to the more than two decades of autocratic rule of Mahathir.

I say it because as I've stated earlier, the court's integrity has been completely compromised and bears all the classic symptoms of a show trial where the script has been effectively written and the outcome a foregone conclusion. I say it because as a presiding judge you have demonstrated beyond the shadow of a doubt your complete lack of impartiality. I say it because you have consistently refused to recuse yourself even in the face of mounting evidence of your bias against me. I say it too because you have persistently turned a blind eye to the gross violations of protocol and procedure committed by the prosecution while at the same remaining impervious to my protestations about these blatant irregularities that would have without more alerted any impartial judge as to the malice and bad faith of the prosecution.

In the matter of the duty of a judge, the Holy Qur'an commands:

"And when you judge between mankind

Then you judge justly"

Surah An-Nisaa:58

ANWAR IBRAHIM

Fitnah II: Bukti Pendakwa Raya Tidak Lengkap, Diubahsuai- Peguam

Posted: 25 Aug 2011 03:43 AM PDT

Keadilan Daily

Pasukan peguam Datuk Seri Anwar Ibrahim mendedahkan bahawa bukti yang dibawa ke mahkamah oleh pendakwa dalam kes Fitnah II sebenarnya tidak lengkap dan diubahsuai.

Ia diketahui melalui saksi kelima peguam bela iaitu pakar molekul genetik, Dr Brian McDonalds dari Australia.

Dr McDonalds dalam keterangannya memberitahu mahkamah, calitan kapas yang diambil dari tubuh pengadu, Mohd Saiful Bukhari Azlan sepatutnya terus diletakkan di atas slaid kaca dan diteliti di bawah mikroskop selain disimpan di dalam botol plastik oleh pegawai penyiasat.

Penelitian di bawah mikroskop itu menurut Dr McDonalds, membolehkan doktor atau saintis mengetahui terus samada calitan yang diambil itu merupakan calitan air mani atau pun tidak.

Tindakan pegawai penyiasat, Jude Pereira menyimpan sampel itu di pejabatnya selama dua hari pada suhu bilik juga menimbulkan keraguan kerana ia mungkin diubahsuai dan tercemar.

Peguam kepada Anwar, Sankara Nair ketika mengulas berkata, langkah itu sepatutnya dilakukan kerana ia prosedur biasa dalam mana-mana kes serangan seksual.

Namun, katanya, dalam kes Fitnah II ini ia tidak pula dibuat.

"(Sepatutnya) boleh tengok terus, untuk tahu samada (sampel) mengandungi air mani atau tidak.

"Pada peringkat itu, ia kepunyaan siapa tidak penting kerana ia boleh diketahui kemudian.

"Di Malaysia, kita tidak lakukan perkara ini tetapi di Australia mereka buat," kata Sankara ketika ditemui di perkarangan Mahkamah Tinggi Kuala Lumpur hari ini.

Dalam kenyataannya pada sebelah petang, Dr Brian MacDonalds mempertikai kandungan DNA yang tinggi dalam sampel air mani yang dianalisa Jabatan Kimia Malaysia.

Menurutnya, sampel air mani yang berada di dalam rektum seorang lelaki selama lebih 56 jam sebelum calitan air mani itu diambil dengan putik kapas sepatutnya mempunyai kandungan DNA yang sudah merosot.

(Saiful diperiksa pada 28 Jun, 2008 – selepas lebih dua hari dari masa kejadian liwat didakwa berlaku pada 26 Jun 2008).

Ditambah pula ia disimpan selama lebih dua hari oleh pegawai penyiasat Jude Pereira di pejabatnya pada suhu bilik dan tidak disejukbeku, sampel itu sepatutnya sudah tidak boleh digunakan kerana terdapat kemungkinan ia sudah dicemari bakteria lain yang tumbuh, kata Dr MacDonalds.

Ini berlawanan dengan laporan Ahli Kimia, Dr Seah Lay Hong yang mendapati terdapat banyak DNA 'segar' sewaktu beliau menganalisa sampel dari HKL yang diserahkan Jude Pereira.

Perkara ini, kata Sankara Nair, adalah tidak tepat dan tidak masuk akal.

Ia juga meyakinkan Sankara dan pasukannya bahawa bukti itu diubahsuai sebelum ia sampai ke Jabatan Kimia untuk dianalisa.

"Kerana itu kami katakan ia (mungkin) diubahsuai. Bagaimana ia diubahsuai, kami tidak tahu tetapi kami yakin ia diubahsuai.

"(Lebih meragukan), Dr Seah sendiri sewaktu memberikan keterangan dahulu enggan memberikan penjelasan terperinci bagaimana beliau menganalisa sampel itu.

"Beliau juga enggan menerangkan bagaimana kit ujian yang digunakan," kata Sankara.

Ketua Wanita KEADILAN Bukit Gelugor Peluk Islam

Posted: 24 Aug 2011 08:42 PM PDT

Dari Blog Milo Suam

Tiga hari lepas, Ketua Wanita Bukit Gelugor Cheryl Chew menghubungi isteri sharpshooter dan menceritakan hasratnya untuk memeluk Islam dan beliau meminta supaya beri cadangan nama Islam yang sesuai untuknya.

Beliau berbual panjang dengan isteri sharpshooter dan menceritakan beberapa masalah yang beliau hadapi dan beliau diberi kata-kata semangat, peransang agar tabah dengan ujian baru yang beliau hadapi.

Alhamdulillah kelmarin di Pejabat JIM Bukit Malawati jam 3.00 petang, akhirnya beliau melafazkan kalimah syahadah untuk memeluk Islam. Sesungguhnya hidayah itu mutlak datang dari Allah SWT, manusia tidak mampu memberi hidayah bahkan Nabi Muhammad sendiri tidak boleh memberi hidayah.

Sharpshooter difahamkan Ketua AMK Cabang Sekijang, Raymond Ng Kien Seng juga telah memeluk agama Islam dan telah selamat dinikahkan dengan pasangannya, Nor Hasnanie Jamil, Setiausaha PKR Cabang Sekijang pada 22 Ogos yang lepas. Alhamdulillah…Cahaya Ramadhan…Allahuakbar…

Dari blog milo suam – Berita gembira buat kita semua dalam bulan Ramadhan yang penuh barakah ini apabila Ketua Wanita KEADILAN Bukit Gelugor, Cheryl Chew memeluk Islam petang semalam.

Beliau melafazkan kalimah Syahadah pada pukul 3.00 petang semalam di pejabat JIM Bukit Malawati. Dimaklumkan bahawa beliau kini menggunakan nama Huda Chew.

Antara rakan-rakan Cheryl yang menitiskan air mata kegembiraan dengan keislaman beliau. Dimaklumkan juga bahawa beliau menerima banyak hadiah berupa tafsir Al-Quran dan buku-buku agama dari rakan-rakan terdekat.

Difahamkan, sebelum ini Cheryl telah mula berpuasa dan mendalami Islam secara berperingkat sebelum mengambil keputusan untuk memeluk Islam di dalam hari yang bersejarah semalam.

Tinjauan ReJaM© di facebook menyaksikan Cheryl sudah menukar namanya kepada Huda Chew Hong Wah [Facebook Cheryl]

Jika tiada aral melintang, ReJaM© akan merakam temubual khas bersama Cheryl dalam masa terdekat untuk dikongsikan bersama anda semua Insya Allah.

Kepada Cheryl, selamat menikmati keindahan Islam.

Response to Asia Sentinel ‘Why Did Malaysia’s Anwar Say Too Much’

Posted: 24 Aug 2011 08:32 PM PDT

I am responding to the Asia Sentinel report 'Why Did Malaysia's Anwar Say Too Much'.[http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3404&Itemid=178].

There are several glaring mistakes in the report. John Berthelsen the author has made some amendments to the original report but I believe it is important to note that there other glaring mistakes including the underlying insinuation of the report.

In the first version of the report, the author wrote:

“He served six years before he was pardoned on the sexual perversion charges.” [para. 2]

It has since been amended to:

"He served six years before the sexual perversion charges were overturned."

The fact is that Anwar Ibrahim's sodomy conviction was overturned by the Federal Court on 2 September 2004.

The more contentious part of the report was this paragraph, where the author originally wrote:

"Anwar said in his prepared statement that after Saiful went to Anwar's condo in an exclusive area of Kuala Lumpur, he admitted that"he had brought along lubricant and had himself voluntarily and without hesitation applied it" to get ready to go ahead with the sexual act.

"That sentence would tend to invalidate any assumption that the then-60-year-old Anwar suddenly forced himself on the 24-year-old aide. If, as Anwar says, Saiful brought the lubricant with him, it would certainly indicate that Saiful knew what he was getting into when he went to Anwar's condo that night.

"This in turn is hardly helpful for Anwar, who is on trial for his political life in the High Court in Kuala Lumpur over the allegations, because Saiful's statement has the ring of truth to it. If you are going to make up a story about being forced into a sex act, you would hardly acknowledge that you voluntarily lubricated your own anus."[paras. 3-5]

The first 'he' in para. 3 has been amended to Saiful as it was not apparent on whether the pronoun was referring to Anwar or Saiful in the first version.

But there are other glaring mistakes in the report that have not been amended.

In para. 4 it was mentioned that Saiful went to the condo at night when Saiful went to the condo at about 2.30 pm.

The insinuation by the author was also that Anwar was alone, waiting for Saiful. Anwar was in a meeting with a group of economists for a briefing. None of them were called upon by the prosecution as they would confirm Anwar was with them for the briefing. The defence are calling them as witnesses.

The defence also has repeatedly reaffirmed that Saiful was not in the particular condo unit. What the prosecution has done has to prove that Saiful was in the elevator and stopped at the same floor as the condo unit. But none of those with Anwar saw Saiful coming in and the prosecution has also not produced any evidence on the contrary.

The curious report, which includes the Lee Kuan Yew statement leaked by Wikileaks that Anwar walked into a trap seems to have the objective of confirming the former Singapore PM's statement. Unfortunately it is littered with glaring mistakes obvious to anyone who has been following the trial closely and objectively.

Anyone who has read Anwar's defence statement will see that every notion of a fair trial has been ignored in this obvious case of political persecution.

NIK NAZMI NIK AHMAD
COMMUNICATIONS DIRECTOR
PARTI KEADILAN RAKYAT

Dari RAKYAT Kepada RAKYAT

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Dari RAKYAT Kepada RAKYAT


PANAS BERAPI - Dacing bagi mee meggi, PR bagi beras hancur..!!

Posted: 24 Aug 2011 09:26 PM PDT

Anak Muda Kampung Nak Senang

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Anak Muda Kampung Nak Senang


Ibu ditikam ketika minum di Ampang Point, makin kejam

Posted: 25 Aug 2011 12:36 AM PDT



Seorang ibu kepada tiga orang anak Wini Roswita Abdullah telah ditikam oleh seorang yang tidak kenali ketika sedang menikmati kopi di sebuah kedai di Ampang Point ketika ramai orang lalu lalang hanya kerana enggan menyerahkan beg tangannya. Semakin kejam jenayah di Malaysia ketika ini. Jenayah berlaku di mana-mana, depan mata, di hadapan orang ramai. Malaysia bukan lagi negara selamat. Pendatang asing pun semakin ramai dan mudah didaftarkan.

VICIOUS CAFE STABBING
Thursday, August 25th, 2011

Mother-of-three knifed four times by heartless handbag snatcher in full view of horrified patrons and staff

AMPANG: He came armed with a blade and evil intentions.

And when mother-of-three Wini Roswita Abdullah dared to refuse his demand to hand over her handbag, he pulled out the knife and viciously plunged it into her repeatedly in full view of the public.

­This was the terrifying scenario which faced 36-year-old Wini, who was stabbed four times by the maniac in the 10pm incident on Tuesday night.

The insurance consultant was having coffee with a female friend at the ground floor cafe in Ampang Point an hour before the attack.

Speaking to ­The Malay Mail from her bed in Ampang Puteri Hospital, Wini said she and her friend were having a conversation when they were interrupted by a stranger.

"We suddenly realised a man in his 30s, wearing a snow cap and jacket, had approached our table. In a menacing voice, he demanded I hand over my belongings," recalled Wini.

"I was stunned. I remember asking 'who are you, I don't know you and why should I give you my handbag'," she said, adding a quick glance at her friend saw her equally frozen in fear.

Wini said she instinctively reached over to shield her handbag, placed in a chair next to her, as she feared the man might grab it.

Instead, he brandished a knife from inside his jacket and plunged the blade into her back.

"I didn't know he had a knife and I wasn't facing him directly. As I was bent over my bag, I felt a blinding pain in my back and I just knew I had been stabbed."

Instead of stopping, the man continued stabbing her no less than four times in full view of shocked patrons and sta‑ff, all of whom were too stunned to react.

Wini's friend finally snapped out of her initial shock, and grabbed her own handbag and threw it at the man, who then grabbed it.

"It was only then he stopped his attack. He then snatched my handbag, which I was still gripping, and coolly left the cafe."

A passer-by, who witnessed the attack from outside the shop, gave chase. He saw the attacker clamber onto a motorcycle parked in front of the shop, followed by two more men on another bike, believed to be accomplices.

Passer-by helps knifed victim
The witness is believed to have tried to kick one of the bikes to stop them but failed. He then returned to the cafe to bring Wini to the Ampang Puteri Hospital, located five minutes away.

"Throughout the journey, I kept telling myself not to pass out. I was conscious the whole time until I was wheeled into the emergency unit," said Wini.

Doctors later told her she was lucky the knife did not hit any vital organs. One of the four stabs hit the ribcage, which left her in excruciating pain.

Reflecting on her ordeal, she said she was still reeling from the incident.

"I am just traumatised. I feel lucky to be alive as this man obviously had no mercy at all."

Wini's husband, Suhaimi Mahmood, 44, had rushed to the hospital from home upon learning about his wife's ordeal.

"I am stunned this happened in a cafe in full view of the public. You hear about snatch thieves, but nothing like this. I hope this man will be caught soon."

The couple have a boy, 10, and two girls aged five and six.

In her bag were personal documents, cash and credit cards.

Her friend subsequently lodged a police report at the Taman Dagang police station.

Ampang Jaya police chief ACP Amiruddin Jamaluddin said no arrests have been made so far.

"We will interview the victim in a few days after she recovers to get a detailed description of the perpetrator."

He said police were unable to recover CCTV images from the outlet as it did not cover the outdoor seating area.

Images not caught on camera
THE CCTV camera at the cafe where Wini Roswita Abdullah was attacked was faulty during the incident.

A café staff who witnessed the incident revealed this to The Malay Mail.

At the time, the staff was in the midst of closing for business. They only realised something amiss when they heard customers screaming from the outdoor seating area.

"All I saw was a customer sprawled on the ground with blood everywhere and I saw two motorcycles riding off," said one staff.

None of them managed to see the attacker's face.

A manager at the outlet told this reporter the CCTV system had temporarily malfunctioned during the incident.

http://www.mmail.com.my/content/81117-vicious-cafe-stabbing

Ketua Polis N.Sembilan kena tengok Video ini

Posted: 24 Aug 2011 11:09 PM PDT

Cakap banyak tak guna. Semakin ramai merakam aksi polis menjalankan tugas ketika ini. Antaranya ialah satu aksi di Seremban Selatan baru-baru ini. Harap Ketua Polis Negeri Sembilan dan Timbalan Ketua Polis Negara dapat mengesahkan kesahihan video ini.

Klip video tersebut pada pautan berikut http://aderberani.blogspot.com/2011/08/mangkuk-punya-polis.html


Lima tentera Malaysia jadi perompak, Panglima ATM jawab

Posted: 24 Aug 2011 05:38 PM PDT




Minggu ini kita dikejutkan dengan berita seorang askar berpangkat staf sarjan telah ditembak mati oleh sepasukan anggota polis dalam satu kes cubaan rompakan di sebuah kafe siber berhampiran ibu negara. Manakala rakannya juga seorang tentera yang cedera telah ditahan. Seterusnya polis telah menahan tiga orang lagi saspek berkaitan kes tersebut yang juga merupakan anggota tentera.

Apa sudah jadi dengan Angkatan Tentera Malaysia? Panglima ATM harus membuat kenyataan mengenai isu ini. Jangan anggap kes ini terpencil hanya 0.003 peratus yang terlibat jika diambil kira jumlah anggota tetap, simpanan dan para 170,000 orang semuanya.

Jika SPR dengan kesilapan 0.0001 peratus dalam senarai daftar pemilih hendak ditubuh Suruhanjaya Penambahbaikan, takkan ATM dengan 0.003 peratus hendak disenyapkan.

Kenapa seorang anggota tentera berpangkat staf sarjan sanggup melakukan rompakan bersenjata? Adakah pistol otomatik jenis Glock yang digunakan tentera tersebut milik ATM? Jika milik ATM bagaimana ianya boleh dibawa keluar bukan waktu bertugas, bukan waktu darurat, bukan waktu operasi, oleh seorang staf sarjan bukan seorang pegawai tentera?

Kisah sebelum ini : Polis tembak mati askar dalam cubaan merompak di http://amkns.blogspot.com/2011/08/polis-tembak-mati-askar-dalam-cubaan.html

Cybercafes easy targets for robbers, say cops
Wednesday, August 24th, 2011

KUALA LUMPUR: Robberies at Internet cafés have been on the rise and police say this is mainly because of lack of security at such outlets which are also cash cows.

Brickfields police chief ACP Wan Abdul Bari Wan Abdul Khalid (pic) urged cybercafe operators to invest in security or risk being robbed frequently.

"Installing closed-circuit television could act as a deterrent and the cybercafe operators should also hire security guards," he said.

"Robbers are attracted to cybercafes because there is constant cash flow and they can also easily intimidate the female staff there."

Wan Bari also urged the cybercafe operators to co-operate with the police.

"Last Wednesday at 4pm, we received a tip-off on parangwielding robbers at a cybercafe at Jalan Lazat in Sri Petaling," he said.

"When our officers arrived, the three robbers were still inside. We surrounded all the entrances and the robbers had no choice but to surrender."

During the incident, the robbers ordered the outlet assistant, a 17-year-old boy, to stuff the cash into a bag. There were some customers at the time but they could not do anything.

"After questioning the three suspects, we arrested another two suspects a few hours later, also in Sri Petaling, and seized a Proton Satria. We believe this gang was responsible for up to 20 robberies at cybercafes and other outlets in Brickfields and other areas under our jurisdiction."

All five suspects, aged between 20 to 35 years, were from Subang, and their leader and mastermind was the 35-year-old who was found to have seven previous criminal records, including for armed robbery, causing grievious hurt, snatch thefts and drugs.

"We are looking for a sixth suspect connected to this gang," said Wan Bari.

Last Sunday morning, two robbers struck at a cybercafe in Jalan Besar, Kampung Baru Sungai Buloh. Using a Glock pistol and sickle, they stormed the cashier but they were in for a shock as there were two police officers conducting a raid there.

The robbers refused to surrender and the Glock-carrying gunman fired several shots.

POLICE RETURNED FIRE, KILLING ONE SUSPECT (AN ARMY STAFF SERGEANT) AND INJURED HIS ACCOMPLICE (A RANGER). SUBSEQUENTLY, POLICE ARRESTED THREE MORE SUSPECTS WHO TURNED OUT TO BE ARMY PERSONNEL AS WELL.

http://www.mmail.com.my/content/81007-cybercafes-easy-targets-robbers-say-cops

MOH...KITE LAWAN YEOP!!!

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MOH...KITE LAWAN YEOP!!!


Anwar berjaya menjerat musuhnya

Posted: 25 Aug 2011 04:22 AM PDT

Oleh : Mohamed Hanipa Maidin

Ramai juga yang minta komen saya tentang pendirian Anwar memilih untuk membela dirinya melalui keterangan tidak bersumpah. Saya rasa elok juga saya berkongsi pendapat mengenai pendirian Anwar tersebut.

Saya akui awalnya saya juga agak terkejut dengan pendirian Anwar tersebut. Namun setelah mengikuti keterangannya tersebut saya harus akui bahawa tindakan Anwar amat amat bijak. Saya percaya pendirian itu dibuat dengan perkiraan yang mendalam dengan mengambil kira sejak awal lagi perbicaraan Anwar dilihat melanggar norma-norma atau piawaian perbicaraan yang adil . Memberi keterangan dengan tidak bersumpah sudah tentu merupakan opsyen yang terbaik untuk Anwar dalam kondisi sebegitu.

Musuh Anwar memulakan serangan di atas pendirian Anwar tersebut . Dengan nada sinis mereka memperli kononnya Anwar takut untuk disoal balas oleh pendakwaraya. Musuh beliau menyatakan Saiful lebih berani dari Anwar kerana beliau memberikan keterangan dengan bersumpah dan rela disoal balas oleh Karpal Singh. Ya, ia satu hujah yang menarik tapi malangnya hujah tersebut bertolak dari qiyas atau analogi yang tidak betul atau dalam bahasa arabnya dipanggil qiyas ma'al fariq. Mengapa?

Isu Saiful berani memberi keterangan bersumpah tidak timbul kerana sebagai saksi pendakwa , undang-undang mewajibkan beliau memberi keterangan bersumpah. Makna mudahnya Saiful tidak ada pilihan kecuali wajib memberi keterangan bersumpah. Terpaksa memberi keterangan secara bersumpah bukan indikator keberanian seseorang.

Kedudukan Anwar sebagai pihak yang dituduh berbeza dengan kedudukan Saiful. Tidak seperti Saiful undang-undang memberi Anwar tiga pilihan yang sah untuk membela diri iaitu sama ada memberi keterangan dengan sumpah ( yang boleh disoal balas ) atau memberi keterangan dengan tidak bersumpah ( yang tidak boleh disoal balas ) atau hanya berdiam diri. Hatta jika Anwar memilih untuk berdiam diri hakim tidak boleh secara automatik membuat kesimpulan bahawa Anwar bersalah kerana seorang hakim masih perlu meneliti semula keterangan pendakwa sebelum membuat keputusan.

Musuh Anwar juga berhujah bukankah keterangan bersumpah lebih kuat nilainya dan jika Anwar benar-benar tidak bersalah kenapa beliau takut untuk memberi keterangan bersumpah dan boleh disoal balas oleh pendakwa.

Sekali lagi ia hujah yang menarik tetapi malangnya hujah tersebut gagal melihat keseluruhan proses perbicaraan Anwar . Melihat pendirian Anwar yang memilih untuk memberi keterangan tidak bersumpah secara terpisah dengan keseluruhan proses perbicaraan Anwar bukan sahaja tidak wajar malahan secara jelas ia satu hujah yang dangkal.

Hakikatnya bagi saya kerana kepercayaan bahawa dirinya tidak bersalah mendorong Anwar mengambil pendirian tersebut. Mana-mana tertuduh yang tidak bersalah dengan mudah dijatuhkan hukuman bersalah dalam perbicaraan yang tidak adil.

Jika perbicaaraan Anwar memang dari awal mengikut piawaian perbicaraan yang adil hujah musuh Anwar itu mungkin ada keabsahannya. Namun dengan pelbagai perkara pelik dan tidak masuk akal berlaku dalam kes Anwar pendirian Anwar bukan sahaja wajar malahan amat tepat. Mari kita ambil satu contoh kepelikan dari siri-siri kepelikan yang berlaku dalam kes Anwar iaitu isu tawaran saksi saksi pendakwa kepada pasukan peguambela Anwar.

Bukankah pendakwa raya telah menawarkan kepada pihak peguambela Anwar beberapa orang saksi mereka seperti Najib , Rosmah, Musa Hassan dan beberapa orang lain. Berdasarkan prinsip undang-undang jenayah dan piawaian perbicaraan yang adil saksi-saksi pendakwa ini sewajarnya bersedia dipanggil oleh pihak pembela dan mereka juga wajar menjawab soalan-soalan peguambela apabila dipanggil untuk temubual.

Peliknya dalam kes Anwar ini saksi saksi yang ditawar oleh pendakwa ini boleh memilih untuk tidak ingin menjadi saksi pihak pembela dan tidak mahu menjawab soalan-soalan peguambela Anwar semasa sessi temubual.

Tindakan pelik saksi saksi ini malangnya timbul dari keputusan pelik Hakim yang menyatakan bahawa saksi saksi seperti Najib dan Rosmah ini boleh memilih untuk tidak menjawab soalan-soalan peguambela Anwar.
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Keputusan Hakim tersebut menyebabkan tawaran saksi- saksi pendakwa seperti Najib dan Rosmah kepada pasukan peguambela Anwar tidak ada apa apa nilai dan hanya sia-sia dan membuang masa. Apa gunanya pendakwaraya menawar saksi-saksi mereka yang enggan bersuara dan apa gunanya pula untuk peguambela Anwar memanggil saksi-saksi yang enggan bersuara ( baca kecut untuk bersuara ).

Hakikatnya bukan Anwar yang tidak berani memberi keterangan bersumpah sebaliknya Najib, Rosmah , Musa Hassan dan Rodwan yang takut untuk memberi keterangan sama ada secara tidak bersumpah di luar mahkamah iaitu dalam sessi temubual atau secara bersumpah di dalam kandang saksi di mahkamah. Malangnnya musuh Anwar tidak nampak ironi ini. Mereka tidak habis habis 'menyalak' supaya perbicaraan disegerakan sedangkan tindakan Najib, Rosmah, Musa Hasan dan Rodwan ini antara penyumbang besar kepada kelengahan perbicaraan
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Seperkara lagi Anwar sudah punya pengalaman memberi keterangan bersumpah sebanyak dua kali sebelum ini dan beliau amat arif permainan kotor musuhnya. Memberi keterangan bersumpah akan dikawal oleh mantra 'tidak relevan' yang akan kita dengar berulang-ulang kali seperti dua perbicaraan beliau yang terdahulu. Bayangkan jika keluar dari mulut Anwar misalnya 'ada konspirasi nak aibkan saya...tidak relevan..' macam mana TV3 boleh ada siri khas tentang Saiful' ..tidak relevan.. begitulah yang saya percaya ada di dalam pemikiran Anwar.

Memberi keterangan secara tidak bersumpah tidak boleh dikawal oleh mantra 'tidak relevan'. Anwar bebas menentukan rentak dan iramanya tanpa diganggu gendang 'tidak relevan'. Hakikatnya apa yag Anwar katakan tersebut itulah yang paling ditakuti oleh musuh-musuhnya .

Malang sungguh musuh Anwar kerana penantian mereka bahawa Anwar akan terperangkap dalam jerat mereka tidak berlaku. Yang berlaku adalah Anwar yang kini menjerat mereka dan sehingga artikel ini ditulis seluruh manusia di seantero alam kini mula menghakimi sistem kehakiman negara ini dan para aktor -aktor yang terlibat dalam perbicaraan Anwar. Syabas Anwar !

Sumber: http://peguampas.blogspot.com/

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