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Sakmongkol ak 47

ariff.sabri@gmail.com

Thursday 4 February 2010

The Kangaroo Trial


The only people who are flabbergasted are those who choose to be so. They are oblivious to the wrongs that may have been committed by Anwar which are now going to be determined by the court of law. It may surprise foreign observers and commentators, that here in Malaysia; we do practise the adversarial system. The same as those adopted in the mature and upper country democracies. The sitting judge will rule on the truth by umpiring the arguments from prosecuting and defense lawyers.
The natural thing or the natural approach to adopt is to allow the due process of law to take place. Let's hear the arguments put forth. Let us see the evidence. The current trial of the former DPM of Malaysia becomes a kangaroo trial precisely because, while the trial proper is taking place, there is also a parallel trial going outside the court.
The parallel court outside is justified on the allegation that the formal and official court is biased. It is alleged to be doing the bidding of incumbent political powers. The troubling thing with such a view is that, it forces us to assume that the defense lawyers engaged by the accused are dullards incapable of exposing the hidden hands of the incumbent political powers. A top notch defense team will be able to expose the hypocrisy of the assembled court will they not?
Could it be, in actuality, the weight of evidence whose intrinsic truthfulness will be reinforced in the coming days by reasoned arguments by the prosecution, are so overwhelming that the defense team and the accused know- THIS IS IT!
The truth is, there is only one justification for setting up a parallel trial with the carnivalesque aplomb of organized chaotic heckling abetted and amplified by a cacophony of noises from foreign observers- that the accused wants to have a court assembled on his terms. To which the only answer we can give- we shall have none of that!
Now, what is wrong with that? The glaring defect is that the accused wants special treatment given to him whereas the same 'bad' judicial system is commonly applicable to common people. It implies the accused has a choice; whereas the common people have none. Now, what can be more unjust than to have a situation when a particular accused has a choice when the whole world and us the rest, have none?
The opinions and arguments that matter are those said and going to be said in court. The heckling outside and the parallel trials held by supporters of the accused and those carried out with such vehemence by those who despise him, are not relevant.

25 comments:

Anonymous,  4 February 2010 at 03:31  

Saiful claims he was sodomised on the
June 26 2008 between 3-4 pm, the Prosecution and Umno wants us to believe Saiful does no shit for 2 days, than goes to gen Hospital KL, get his anus checked and WALLA PRESTO, they found Anwar Ibrahim's sperm in his anus!!!!. What I find astounding is there is no mention of the doctor from Pusrawi, 2 hari tak berberak. WAH TERAHLAH UMNO, Your dongeng Pak lebai really is astounding, you also believe in the tooth fairy, right?, You must really assume Malaysians are going to swallow this Crap, Nevermind, bola tu bulat, satu hari all the liars and kaki fitnah will have to answer to the almighty, I really feel sorry for you and your ilk. Btw I am orang BN, I was with Team Shahrizat in Lembah Pantai. You may not have any morals, but I do.

Ariff Sabri 4 February 2010 at 07:11  

anon 03:31

but of course! only you and your ilk can monopolise having morals. i feel sorry for you too.
being with team shahrizat is supposed to mean something?

Unknown 4 February 2010 at 09:50  

Dato'

Everything and anything either salacious or Godly now goes to Court including the word "God".....

Now, Tun Dr M Says "God" should not have gone to court... Was DS Najib advised that it should be Argued in Court?... as much as the advise to Saiful to Bring Sodomy to court?

Now about Sodomy... we know all Gay Couples practise it. Should all Gay Couples then be arrested and locked up? When are the Authorities going to do that?

Looks like our Children will be subjected to Sex and Sodomy Public Displays for the next few weeks.... Let's hope some of them will not want to try it, out of curiosity....

After all this is over Malaysia will be Proudly known as SodomyLand...

What the doctor said: 4 February 2010 at 10:23  

Dr. Rafick said: "If the prosecution is saying that they found Anwar semen in MSB Anus after more than 48 hours after the penetration, it is certainly a miracle.

"In the charge sheet, it was said that the prosecution found Anwar semen in MSB Anus. If my memory serves me right, MSB went to HKL after PUSRAWI where he was admitted on the same day. In other words if indeed MSB Anus was swabbed for semen then it must have been done late evening on the 28th June 2008 or the next day. If it was done on the 28th June, it means between the alleged sexual act and the time the swab was taken, more than 48 hours has passed.

What is the prosecution trying to prove here? It says that MSB did not go toilet to pass motion for 48 hours? He did not clean himself? If indeed he did not go to ease his bowels, he must be suffering from severe abdominal distension. Can man semen last that long outside a human body in another person ass? This is a simple. I suggest my readers do simple experiment and collect their semen and place it in a plate and see what happens to it in one hour. No need to wait for 48 hours. It will liquefy within a few 30 mins to 1 hour. Don’t believe me? Well do the experiment or you can read here. If the prosecution is saying that they found Anwar semen in MSB Anus after more than 48 hours after the penetration, it is certainly a miracle. If we have a good and well informed judge, I think this case is already over even before it started. At least that is how I sees it but then I am not the judge. I don’t read law."

Anonymous,  4 February 2010 at 10:31  

Sak has no more credibility.

Anonymous,  4 February 2010 at 11:02  

I totally agree with sakmongkok that truth will always known in the trial.

At least gives saiful his share of justice.

we should not be blinded by one sides stories only.

May the truth be prevailed

Anonymous,  4 February 2010 at 11:24  

kesian kat datuk

susah betul mata hati nak lihat kebenaran

terjunlah dengan labu

jibam

Anonymous,  4 February 2010 at 11:27  

nak sokong BN memang takde salahnya

tapi menyokong fitnah....hmmm.....susah nak cakap....adakah semua orang BN senang dibodohkan?

Ariff Sabri 4 February 2010 at 11:56  

anon at 10:31

why? because i dont agree with you?

Anonymous,  4 February 2010 at 12:25  

Dato,
I don't agree that the trial be held behind closed doors. It is a high profile case and the public,who has waited for so long to follow the trial is not allowed to hear or know the littlest details. It is not fair.

Anonymous,  4 February 2010 at 13:38  

The question is..can the court be trusted in the first place? Knowing very well that the head honcho is an UMNO man. Apart from this, the perception by most common man in the street is that the Judiciary is nothing more than a powerful tool used by UMNO. Heads or tails, UMNO win lah.

So, would one trust the courts in Malaysia?

syedhs 4 February 2010 at 13:45  

anon at 10:31
"Sak has no credibility"

I would have said that Sak has more credibility than probably at least 90% of other UMNO. But he realised too that acquittal of Anwar means the sure death of UMNO. And more importantly, Najib knows this too. So at this juncture, the notion 'neutral court' is impossibly possible.

Ariff Sabri 4 February 2010 at 13:53  

anon 13:38
this is the same judicial system that acquitted Anwar the first time of this particular charge.
this is the same judicial system that ruled in favour of the Herald. and ruled in favour of many cases against the govt.
this is the same judicial system available for all of us who have no choices.

Unknown 4 February 2010 at 14:46  

Dear Dato,
In business,on the issue of arbitration, no foreign company want to deal with the court of Malaysia.

Anonymous,  4 February 2010 at 15:14  

Dato'

Yes, same judicial systems but different judge. Remember Lingam?
In a bag of apples, there'll bound to be a few bad ones. Lets hope and pray that the remaining good apples does not turn rotten.
i agree that we should let the court run its course and that justice is to be meted out.
But there are a lot of unanswered questions and weird stuff surrounding this case. Hopefully we get the chance to see them unraveled in the court. But what if we dont? Sodomy 1 had Tun Mahathir refusing to go to court. Defence questions were always denied and deemed irrelevant. What guarantee that the same doesnt repeat here.
Everyone is entitle to his opinion and the Constitution allow us to speak freely. But on Judgement Day, we cant have our say anymore.......

Manature 4 February 2010 at 19:51  

Sakmongkol, here is another proof of an undependable judiciary: SodUMNOmy 2: PKR man to lodge police report against Utusan Melayu (this definitely is not a national paper)

The judge expunged something from Saifool's testimony and yet Utusan Melayu published it. When the defence wants to cite Utusan Melayu for contempt of court (this is a clear case of contempt of court), the judge declined asking them to go lodge police report. We all know what happens to police reports against UMNO related people and organizations.

Manature 4 February 2010 at 19:52  

No one has any monopoly of morals but everyone can see when one has no morals.

Manature 4 February 2010 at 20:19  

Here is one more Sakmongkol: Trial with queer twists baffles lawyers

However, several lawyers expressed puzzlement over the proceedings, arguing that what transpired does not conform with commonly accepted practices.

Still claim our judiciary is world class? Yeah world class for being tainted.

Manature 4 February 2010 at 20:34  

How, yet again, they are trying to fabricate evidence against Anwar

"Hey, I already face four charges of sedition and criminal defamation. What are another two or three charges? The important thing is not whether I get sent to jail or not. What is important is that the world is told that they are attempting, yet again, to fabricate evidence against Anwar Ibrahim. And that is worth going to jail for."

Ariff Sabri 4 February 2010 at 21:43  

patriot at 19:52

that is a succinct description of Anwar

Judiciary reformer,  5 February 2010 at 06:57  

Anwar aside, let us concentrate on the judiciary:

"this is the same judicial system that acquitted Anwar the first time of this particular charge.
this is the same judicial system that ruled in favour of the Herald. and ruled in favour of many cases against the govt. this is the same judicial system available for all of us who have no choices"

Your argument goes along this line: "7 bad apples and 3 good apples in a batch of 10. Therefore apples are good"

Manature 5 February 2010 at 07:07  

Here is more. Prosecution not playing fair. 2 days into the trial and defence still not given witness list despite judge ruling list can be given on trial commencement.

Source: MCA mouthpiece: Defence yet to get witness list

Manature 5 February 2010 at 07:14  

You tried to argue that this is a Kangaroo trial, but with a twist that it is the defence conducting a kangaroo trial via the media. That is very mischiveous seeing the the defence are greatly hampered in not being able to have access to the MSM while UMNO has not only the printed papers but also radio and TV.

Here is Kangaroo court by UMNO owned Utusan Malaysia. A mischiveous word was expunged by the court but Utusan Malaysia published it.

Source: Defence yet to get witness list

Anonymous,  6 February 2010 at 13:42  

everything against Anwar is fabricated...because he's God to the fanatics..

Anonymous,  7 February 2010 at 01:14  

so what if the defence team is capable of proofing that this is indeed a kangaroo trial.

all you need is a irrelevant judge. one may have gone to see his maker, but there is a queue t take his place for a few dollars more, at least in pay.

oh, dont forget how evidence was planted in the earlier trial and the irrelevant judge just expunge the so-called evidence.

btw, in this kangaroo court, the accused has to proof his innocence. its warped logic coz everywhere else, except may be in zimbabwee and burma, the burden of proof is on the accuser and not the accused, isnt it datuk.

datuk, you are a smart and good man. but your hatred for Anwar is just too much for you.

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