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    Posted March 10, 2014 by
    marioradical
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    Anwar Ibrahim’s conviction: A Travesty of Justice Part I

     

    I refer to “Judicial process and timing in Anwar’s case implies persecution not prosecution, says Bar Council”, The Malaysian Insider,March 9 concerning the latest conviction of the Malaysian Opposition Leader.

    I overwhelmingly concur with the charge of the Malaysian Bar Council that “the charge against Datuk Seri Anwar Ibrahim and the manner in which his appeal was handled fuels the perception that the opposition leader was persecuted and not prosecuted.”

    It is undeniable that because of the grave fear and extreme paranoia of the powers that be to the natural and charismatic power and genuine popularity of Anwar to the Malaysian public, they have used all the resources and arsenal of the government even to the point of compromising and bastardizing the integrity and independence of the courts.

    Why? For the simple reason that they do not want Anwar to win in Kajang and subsequently be the Menteri Besar of Selangor.

    I am wondering, is it all worth it? Yes, they successfully blocked Anwar from contesting in the coming by election, in fact he is in danger once again of going back to prison, yet, do they know the repercussions and consequences of what they did?

    It is my ardent view and so held that even if PKR will put a dog or a roaster or a cat as their candidate for Kajang, that animal will win not only handsomely but with a massive landslide.

    The deputy director of Asia division of Human Rights Phil Robertson said that Anwar’s trial “was all about knocking him out of politics and the government was prepared to do whatever it took to make that happen”.

    In other words: they are delirious and desperate to stop Anwar at all cost!

    The nefarious act of the powers that be, their continuing persecution of Anwar and his family that begun 15 years ago and all the evil methods that they’ve utilized just to silence the Opposition Leader will return like a tsunami and will explode to their very faces --- one fine day!

    They will be hurt tremendously by their foolishness! The people are angry and their collective wrath in time will erupt! Watch out!

    I am equally in agreement with the contention of the Bar president, Christopher Leong specifically when he said “that in the first place, the archaic provision under the Penal Code which criminalises sodomy and oral sex should never have been brought against Anwar.”

    Leong unequivocally asserted that:

    "The case has unnecessarily taken up judicial time and public funds, and has muddied the waters of our justice system.

    "We also have grave misgivings with respect to the manner and timing in which the appeal was handled, especially over the way in which mitigation and sentencing proceeded…"

    On Friday, the Court of Appeals overturned the Kuala Lumpur High Court’s January 9, 2012 decision acquitting Anwar and declared him guilty of sodomy.

    The decision of the court in my view is not only a travesty of justice but an extreme mockery of the whole administration of justice. This leads the wife of the Opposition Leader, Kak Wan Azizah to lament that:

    “The proceedings had been conducted in the Palace of Justice, but inside there was only injustice.”

    Judgment of Acquittal that is reviewable

    Another thing that confused me since then, up to now is the stupid and idiotic principle of the Malaysian ‘legal’ concept of reviewing the judgment of acquittal!

    In many jurisdictions, once a person is acquitted he or she is immediately discharged and he or she will no longer be prosecuted (again) on the same charge, because it will violate the legal doctrine of Double Jeopardy which is universally sanction and recognize legal principle.

    Right or wrong, a judgment of acquittal is unappealable, irreversible and final, but in Malaysia, even if you are already acquitted, a higher court can still reverse the judgment of your acquittal. I believe that this principle or policy or practice is not only unfavorable to the accused but also mocks the very definition of due process.

    So, in Malaysia for example, if an individual is acquitted, he or she cannot celebrate his or her vindication, because he or she must wait whether or not the bloody prosecutor (which in truth and in fact must be called as the persecutor) will decide to appeal his or her judgment of acquittal! Bloody hell!

    This is preposterously unjust, hilarious to the maximum and stupid to the core, to say the least!
    Undeniably, this is the heights of absurdity and grave injustice! Shame!

    Consider the following facts as reported by the Malaysian Insider:

    The “Court of Appeal registry had informed Anwar's lawyers to reserve April 7 to 10 as the proposed hearing dates, to which the team agreed.

    “However, these dates were abandoned and replaced with earlier dates.”

    Question:

    I am wondering why the hell the court is acting like it is following a script or a schedule! Why the rush and the haste?

    Leong further added that:

    "If this is true, it raises the question as to why the Court of Appeal brought forward the appeal to be heard when the April dates had been agreed on.

    "After all the defendant was facing a possible 20-year jail term and the April dates would have given the legal team more time to prepare…"

    The worst part of this fiasco in my view is the fact that the court had only taken approximately 90 minutes to consider before giving a unanimous decision in reversing the acquittal by the High Court and then when Anwar’s lead counsel, Karpal Singh and the defence team sought an adjournment until next week to allow them to prepare for mitigation the court refused it flatly and one justice even ordered Karpal to submit the mitigation in one hour’s time.

    Of course, this farce led Anwar to react angrily: he stood up and shouted at the decision; "do it now!"

    Indeed, as Leong quipped: "these matters raise many questions, cause much speculation, and lend to the perception that justice may have been hijacked…”

    Commentaries:

    Imagine the scenario the Opposition Leader’s acquittal two years ago was overturned, while his lead counsel, Karpal was also convicted of sedition a month ago.

    Wow! I am wondering what kind of judicial system now is being practice in Malaysia and what kind of administration of justice are they following?

    Anwar is convicted, Karpal is convicted; I am inclined to ask? It is Tian Chua’s turn to be convicted? Hullabaloo, it seems to be that the powers that be are convicting all the opposition leaders!

    These convictions and outrageous trials clearly shows that the establishment is compose of power-hungry despots and they will not stop from wiping out the true people’s representatives!

    Yes, these men are convicted; it is because they are men of conviction and principle.

    This is a shame, a farce and grim day for all Malaysians!

    Phil Robertson, deputy director, Asia division of Human Rights Watch, said Anwar’s trial “was all about knocking him out of politics and the government was prepared to do whatever it took to make that happen”.

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