Wednesday, August 31, 2011

It is time to stop buying into a lie.

But if you were to believe the Prime Minister writing in his blog, Sabah and Sarawak were only states that joined an already existing country! Surely the Prime Minister of Malaysia would know history and know how his own country was formed? It is plain that history is deliberately being re-written.


READ MORE HERE.

Wikileaks: US government well-informed on Taib corruption, abuse of power

BRUNO MANSER FUND, BASEL / SWITZERLAND

31 August 2011 – for immediate release

+++ BREAKING NEWS +++

A number of newly-released confidential US embassy cables are highlighting Sarawak Chief Minister Abdul Taib Mahmud’s deep corruption – FBI asked to act on Taib family’s US assets now

(Kuala Lumpur / Washington D.C. / Basel) Only days after Western NGOs launched a campaign to pressure the US government’s Federal Bureau of Investigation (FBI) to cut ties with the Malaysian Taib family, whistleblower website Wikileaks confirms the US government has been aware of Taib corruption for years.

In a confidential cable to the State Department Washington dated 13 October 2006, the US embassy in Malaysia noted that „Taib and his relatives are widely thought to extract a percentage from most major commercial contracts - including those for logging - awarded in the state (Sarawak).“ (...) „Embassy sources outside the government uniformly characterize him (Taib) as highly corrupt.“ A source had told the US embassy that Taib appointed "compliant local leaders" from various tribes into "financially rewarding" government positions as a means to stifle potential opposition.

The US embassy’s Political Section Chief, Mark D.Clark, concluded after a visit to Sarawak’s state capital, Kuching that „the Sarawak state government remains highly corrupt and firmly in the hands of its chief minister. The $82 million state assembly building now under construction serves as perhaps the most obvious and extreme example of the self-enrichment of the state's chief minister and other senior government officials.“

Sarawak government ignores human rights recommendations

The US embassy also informed itself on the plight of Sarawak’s indigenous people. It was told by commissioners of Malaysia’s government-funded national human rights commission, SUHAKAM, that „the government largely ignores SUHAKAM’s recommendations“ to safeguard the rights of the state’s most vulnerable citizens.

Dr. Mohammad Herman Titom Abdullah, Suhakam Commissioner for Sarawak, had told US officials „that approximately 15,000 Penan tribe members (...) lack electricity, water treatment and schools.“ According to Wikileaks, the SUHAKAM commissioner „criticized the federal and state governments for not fulfilling their promises to provide access to primary education for all citizens. For many Penan children, Abdullah said the nearest school is more than two hours away by foot or boat.“

Taib patrols the state with 14 helicopters

In November 2009, the US embassy reported to Washington that Sarawak seemed to remain secure as the „safe deposit“ of Barisan Nasional (BN), the country’s ruling coalition: „Chief Minister Taib Mahmud remains unchallenged after 27 years in office, his government doles out timber-cutting permits while patrolling the under-developed state using 14 helicopters, and his family's companies control much of the economy.“

US embassy officials were received by then Deputy Chief Minister George Chan „at his newly built mansion next to Kuching's most exclusive golf course“. Chan told them that the Federal Government had been „pouring millions of ringgit“ for development into Sarawak. „He described the allocation as a form of ‚gratitude’ to the Sarawak state government for "delivering the seats to secure the BN's majority at the Federal level."

Sarawak opposition politicians Baru Bian and Baharuddin Moksin, however, explained the US embassy that the people were „fed up“ with Taib’s administration, „seen as only enriching his family and a small coterie of cronies.“

„Baharuddin explained that in Sarawak only three companies, Cahaya Mata Sarawak (which locals jokingly claim stands for "Chief Minister,s Sons"), Naim Cendera Holdings and Titanium Management Berhad, all associated with the Chief Minister’s family, are the only "big players in the state." All major contracts and a significant portion of land to be converted to palm oil plantations (...) are given to these three companies.“

Embassy cables put the FBI in an uncomfortable position

The US embassy cables are showing clearly that the US government has for years been well and accurately informed on the Taib family’s corruption and abuse of power. The latest Wikileaks exposures are thus putting the American federal police, the FBI, in an uncomfortable position. The FBI, which is supposed to „combat public corruption at all levels“, is renting its Seattle Division office from Wallysons Inc., a property company owned by the Malaysian Taib family.

In a letter to FBI director Robert Mueller, the Swiss Bruno Manser Fund and San-Francisco-based Borneo Project had last week asked the FBI to cut ties with the Taibs, to investigate the Taibs’ US corporations for money-laundering and to freeze all Taib assets in the United States. Similar demands have been made by a number of NGOs to the governments of Switzerland, Germany and Canada.

– Ends –

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Monday, August 29, 2011

A blessed Eid Mubarak to all Muslims.



Eid is the combination of 3 meaningful words:

E – Embrace with open heart
I – Inspire with impressive attitude
D – Distribute pleasure to all

A blessed and meaningful Eid Mubarak to all Muslim brothers and sisters everywhere!

Sunday, August 28, 2011

I would hold the election after Raya

Yes, if I were Najib, I would hold the general election after Hari Raya. If not, then this would be the last Hari Raya with him as Prime Minister. If not, then next Hari Raya we would be visiting either Anwar or Muhyiddin Yassin at Putrajaya.

THE CORRIDORS OF POWER

Raja Petra Kamarudin



Anwar Ibrahim’s Sodomy 2 trial is going just like Sodomy 1.

Anwar’s team of lawyers are smarter than the prosecutors. They have managed to turn the trial into political grandstanding.

The issue is no longer whether Anwar did or did not commit the act of sodomy. The issue is whether the prosecution can prove that he did so. So they are fighting on technicalities. And the technicalities appear focused on the matter of fabrication of evidence.

That was what happened in the Sodomy 1 trial. And that is what is also happening in the Sodomy 2 trial.

If Najib Tun Razak hopes to convict Anwar and send him to jail, that will happen, of course. That happened in Sodomy 1 and it will happen in Sodomy 2 as well. However, just like what happened in Sodomy 1, the people will not believe that Anwar received a fair trial.

So, if Najib plans to hold the general election after they convict Anwar and send him to jail, in the hope that Anwar would be discredited and Pakatan Rakyat would lose the moral high ground, that is not going to happen. Instead, Anwar’s credibility would be enhanced and Pakatan Rakyat would gain more ground.

So, it is no point in holding the general election after they convict Anwar and send him to jail. Pakatan Rakyat would, in fact, benefit from that. Najib would be doing Pakatan Rakyat a favour by sending Anwar to jail on what most would consider a sham trial on trumped-up charges and fabricated evidence.

Yes, things are not going well for Najib. Anwar’s team has skilfully refocused attention not to the whether Anwar did or did not commit sodomy but to whether he is or is not getting a fair trial. The bungling fools in the prosecution are convincing everyone that the evidence is being fabricated to gain a conviction.

Anwar is going to jail. But he is not going to jail as a disgraced criminal. He is not going to jail because he committed sodomy. He is going to jail because they are giving him a sham jail.

Never mind whether Anwar is really guilty of sodomy. It matters not whether he did or did not commit the crime. What does matter is they can’t prove it and they fabricated the evidence to justify sending him to jail.

Things are indeed not going well for Najib. The Sodomy 2 trial is a foregone conclusion. But it is going to hurt Najib more than it is going to hurt Anwar. It is going to damage Barisan Nasional more than it is going to damage Pakatan Rakyat.

So, holding the general election after they send Anwar to jail will do more harm than good to Barisan Nasional. So they had better hold the election now, after Hari Raya.

The economy is not doing well. The UK and the US are bracing themselves for a crash landing.

In October, Najib will be presenting his budget for 2012. It was supposed to be an election budget. But no amount of window-dressing is going to convince anyone that everything is peachy rosy and honky dory.

Najib’s budget is going to be torn to pieces. They will strip it naked and it will be seen for what it is: rhetoric with no substance. So, holding the election after the budget, which means after Anwar’s trial as well, is going to be a double whammy for Barisan Nasional.

Umno is imploding. Najib is going to face what Dr Mahathir Mohamad faced in mid-2002. In 2002, Umno closed in on Dr Mahathir and forced his hand. In an emotional moment of weakness, Dr Mahathir announced his resignation and handed power to Abdullah Ahmad Badawi on 1 November 2003.

Najib is fighting on three fronts. On one front is Anwar. On the second front is the doomed economy. More importantly, however, on the third front is Umno that wants Najib’s head on a silver platter.

Rosmah Mansor has been very silent of late. She has been told that a Prime Minister’s wife must be seen, not heard. In Rosmah’s case, it is better that she is not seen as well.

Rosmah is Najib’s Khairy. She is to Najib what Khairy was to Abdullah Badawi. And for that same reason Najib has Dr Mahathir breathing down his neck.

Yes, the world is crumbling around Najib. Time is ticking away and is getting shorter. Time is not on Najib’s side. Time is a luxury he can’t afford.

Najib must call for the general election after Hari Raya if he wants to make it till Christmas. If not, he would go down in history as Malaysia’s Prime Minister who ruled the shortest.

Yes, if I were Najib, I would hold the general election after Hari Raya. If not, then this would be the last Hari Raya with him as Prime Minister. If not, then next Hari Raya we would be visiting either Anwar or Muhyiddin Yassin at Putrajaya.

That is what I would do if I were Najib. I would hold the general election after Hari Raya. Then I would catch Pakatan Rakyat unprepared.

Pakatan Rakyat is not yet ready for the elections. They still have not sorted out the seat allocations. In fact, they have not even started talking yet. And they are far from even sorting out the list of candidates.

Pakatan Rakyat is still sleeping. If the general election is held after Hari Raya, Pakatan Rakyat will be caught with its pants down. Pakatan Rakyat will be like the Americans at Pearl Harbour. They would be bombed and sunk just like at Pearl Harbour.

Yes, call the election after Hari Raya and watch Pakatan Rakyat scramble like cockroaches when the light is switched on. That is what will happen if the election is called after Hari Raya.

If I were Najib, I would hold the general election after Hari Raya and solve all my problems. It then matters not what type of trial Anwar is subjected to. It then matters not what happens to the economy. It then matters not what Umno is trying to do to me.

By the time it does matter the general election would be over and I would be installed as the legitimate Prime Minister. Then that would give me five years to solve all my problems. And in five years all my problems today would no longer be problems.

That is why I would hold the general election after Hari Raya if I were Najib. But then I am not Najib. And that is why Najib will fall, because he is not me and he would not do what I would do if I were him.

Sarawak govt ‘constantly’ ignoring court rulings

Joseph Tawie | August 26, 2011

The state government is abusing its power over NCR land policies and eroding investor confidence, claims PKR.


KUCHING: State opposition PKR has accused the Sarawak government of “abusing and misusing” the office of the state Attorney-General’s Chambers (A-G) to defend the wrong-doings of a few who continue grabbing native customary rights (NCR) land.

According to PKR vice-chairman See Chee How, the state government is “constantly” denying court rulings favouring natives on NCR land.

“The High Courts, the Court of Appeal and even the Federal Court have spoken and ruled on the recognition of NCR according to the customary practice of the natives concerned, but the state government chose to have its own restrictive interpretation.

“The state government is in its denial mode and likely to continue doing so, no matter how many cases are decided in favour of the native communities that have chosen to stand up against the state Barisan Nasional regime.

“To me, it has reached the extent that it is an abuse and misuse of the office of the state Attorney- General’s Chambers to defend the wrong-doings of a few who continue their land grabbing,” he said.

See, who is also Batu Lintang assemblyman, said the most affected are the investors as they will not be able to recover their investments, having paid dearly for the land and ended up having to re-negotiate with the native landowners.

“In the first place, they should have been able to have (direct) joint ventures with the native landowners and thereby derive mutual benefits.

“Instead, they used Pelita (Land Development and Protection Board) and deprived the natives of their rights.

Losing investors’ trust

“The state government is gradually but obviously losing the trust of genuine investors.

“Eventually, more and more of the rural landowners will realise their mistakes of voting for these BN politicians.

“The popular votes for the BN had been slashed 8% in the last state election to 55%.

“It is losing ground and it is just a matter of time that they will be voted out of office,” said See.

See, who is a lawyer with Baru Bian Advocates, was commenting on a suit brought by Jubang Anak Punjab, Juslin Majang Anak Pundu, Mat Anak Tanggon and the residents of Kampung Sual, Simunjan, against First Binary Sdn Bhd, the director of forestry, the director of Land and Survey Department and the state government for encroaching into 168 acres of their NCR land.

The Kuching High Court Judicial Commissioner Ravinthran Paramaguru, who heard the case, declared that Jubang, Juslin Majang, Mat Anak and the residents of Kampung Sual are the owners of the disputed 168 acres.

Ravinthran said that in view of his acceptance of the evidence on oral history and tradition in respect of the NCR land claim over the disputed area, he was only prepared to grant a declaration that the plaintiffs have established NCR over the 168 acres.

“As the plaintiffs have only succeeded partially against the government, I shall reduce the costs that they are entitled to.

“I shall order the second defendant (director of forest), the third defendant (director of Land and Surveys) and the fourth defendant (the state government) to pay costs of RM30,000 to the plaintiffs.

“In so far as the first defendant (First Binary) is concerned, at the time the suit was filed in 2007, the timber licence subsisted.

“In the premises, I shall order the first defendant to bear their own costs,” he said.

See represented the natives, while Allan Lao and Lidwina Kiew of Messrs David, Sagah and Teng Advocates, Kuching, appeared for First Binary.

Dayang Jamillah Tun Salahuddin of the state Attorney-General’s Chambers represented the director of forestry, director of Land and Survey Department and the state government.

So far, Baru Bian Advocates has successfully represented more than 10 NCR land cases and more than 100 are still pending at the High Court.

Saturday, August 27, 2011

Muslims should not restrict others from helping, says Anwar

August 27, 2011
Anwar said charity should not be restricted by race or religion. — File pic

PETALING JAYA, Aug 27 — Muslims should not discourage others from giving aid to poor Muslims as it is incumbent upon all to help those in need, Datuk Seri Anwar Ibrahim said today.

“We should not stop... anyone, any race, any religious denominations, from undertaking or taking any initiative to assist anyone,” the opposition leader told reporters at the PKR headquarters here.

Churches have asked that they be given the freedom to help the poor regardless of race and creed, amid allegations that Christians were trying to convert Muslims through welfare work.

The issue arose after Selangor religious authorities raided a thanksgiving dinner earlier this month at the Damansara Utama Methodist Church (DUMC) after receiving a tip-off that Muslims there were being proselytised.

Selangor religious councillor Datuk Hasan Ali announced yesterday that the state government has set up a “faith rescue unit”, or Unit Selamat Aqidah, to look into problems faced by poor Muslims that may lead them to forsake their religion.

The unit will work with the Selangor Zakat Board and voluntary organisations concerned about the issue, adding that the board will name officials who will process applications for aid.

Muslims who take aid from churches and Christian organisations have complained of the difficulty in getting disbursements from zakat (Islamic alms) offices.

But Anwar cautioned today that efforts to ease the doling out of zakat payments to the needy should not only be pursued as a reaction to Christian efforts.

“It should not be a reaction to the initiative of others... We have the means, we have the resources. Just do it,” he said.

He added that state zakat funds must be managed transparently to ensure that aid meant for the poor reaches them instead of billions being lost to alleged corruption within the system.

‘Declaration of lands as communal reserve downgrades NCR land status’

KUCHING: Parti Keadilan Rakyat (PKR) state vice chairman Ali Biju claims that perimeter survey and declaration that certain lands are communal reserve under Section 6 of Sarawak Land Code will downgrade the status of NCR land.

Ali, who is also Krian assemblyman, said: “The natives of Entebu, Selambung and Bajau Saratok must be enlightened on the practical aspect of Section 6. They must be educated on the real worth of the land as Communal Reserve Land as compared with a titled land under Section 18 of the Land Code.”

He was referring to an article in the Aug 23 edition of Utusan Borneo that said NCR lands at Entebu, Selambung and Bajau Saratok, an area covering 1,024.8 ha, were declared as Communal Reserve Land under Section 6 of the Land Code on April 7 this year.

The Section 6 status was granted to the natives in these areas after perimeter survey was conducted on their lands earlier this year.

“The danger of Section 6 which many native NCR landowners are not aware of is that once notice is issued under Section 6, the title issued is under the name of the community, not individual landowners, and effectively the land is held in trust for the government by the community.

“Once this happens, this gives the government the right to extinguish the rights of the landowners at any time and then pay them peanuts as compensation! This effectively downgrades NCR status,” he claimed.

Saying on the surface, perimeter survey might look like the government’s serious effort in addressing NCR-related problems, Ali asked: “Now, how about the rest of the much bigger NCR lands adjacent to Entebu, Selambung and Bajau Saratok which are outside the Communal Reserve Land that have just undergone perimeter survey?”

“Can the native landowners now feel relieved thinking their NCR lands are outside this perimeter survey? Or are these state lands by virtue of the perimeter surveys, and can Provisional Licences be issued by the government at its whims and fancies?” he asked again.

He asserted that the rural folk of Krian who have legitimate rights over their lands want answers, and it is his duty as their representative to demand the answers from the government.

Friday, August 26, 2011

NCR survey: ‘State cheating natives’

Joseph Tawie | August 26, 2011

Section 6 of the Sarawak Land Code under which surveyed NCR lands are being classified has brought the government's 'real intention' to light.


KUCHING: The Sarawak government, which is already under heavy fire over its land policies, has been accused of “hoodwinking” poor, ignorant natives with the perimeter survey procedure which aims to demarcate native customary rights (NCR) property.

Krian state assemblyman Ali Biju has questioned the state government’s real intention of carrying out the perimeter survey of NCR lands.

“On the surface, perimeter survey looks like the government is pretending to solve NCR problems, but in reality it is the government which is creating problems in the first place.

“Is this what Barisan Nasional is all about: hoodwinking the poor natives and robbing them of their ancestral lands in the name of development?” asked Ali.

Ali, who is also state PKR vice-chairman, was commenting on a news report regarding NCR lands at Entebu, Selambung and Bajau Saratok covering an area of 1,024.8 hectares that have been declared as communal reserve land under Section 6 of the Land Code effective from April 7, 2011.

The Section 6 status was granted to the natives in these areas after the perimeter survey was conducted earlier this year on these lands.

Ali said the government’s decision to classify these NCR plots under Section 6 of the Land Code would eventually work against the native communities.

“The natives of Entebu, Selambung and Bajau Saratok must be enlightened on the practical aspect of Section 6.

“They must be educated on the real worth of the land as communal reserve land as compared to a titled land under Section 18 of the Land Code.

“The danger of Section 6, which many native NCR landowners are not aware of, is that once a notice is issued under Section 6, the title issued is under the name of the community, not individual landowners.

“And effectively the land is held in trust for the government by the community.

“Once this happens, this gives the government the right to extinguish the rights of the landowners at any time and then pay them peanuts as compensation.

“This effectively downgrades NCR status,” Ali said.

Legitimate rights

While questioning the extent of the Section 6 clause, he also asked if this now meant that the government could issue “provisional licences at its whims”.

Directing his questions at state Planning and Resource Second Minister Awang Tengah Ali Hassan, Ali asked: “How about the rest of the much bigger NCR lands adjacent to Entebu, Selambung and Bajau Saratok, which are outside the communal reserve land that have just undergone the perimeter survey?

“Can the native landowners now feel relieved thinking their NCR lands are outside this perimeter survey?

“Or are these state lands by virtue of the perimeter survey?

“Can provisional licences be issued by the government at its whims and fancies?”

“The rural folk of Krian who have legitimate rights over their lands demand answers, and it is my duty as their representative to demand these answers from the ruling government.”

Just before the state election in April, the federal government allocated RM20 million to carry out the perimeter survey of NCR land, and another RM60 million more was added during election time.

NCR land issues have always been “hot political potatoes” during election times.

Thursday, August 25, 2011

EC chief finally concedes indelible ink less problematic than biometrics

Written by Stan Lee, Malaysia Chronicle
EC chief finally concedes indelible ink less problematic than biometrics

Election Commission chairman Abdul Aziz Yusof has finally conceded that the use of indelible ink to avoid voting duplication is less problematic than using a complex and costly biometric system.

According to Aziz, while biometrics may seem the “perfect system” in theory, there were loopholes in practice, which has been pointed out by Bersih organisers, Pakatan Rakyat leaders and other members of civil society.

The EC chief also admitted that a biometric system could also malfunction on voting day itself, which could leave both government, opposition and citizens in a quandry. Apart from that, biometrics was “very expensive” in comparison with indelible ink and required at least seven months' lead time.

His admission while welcomed by opponents of Prime Minister Najib Razak's proposed 'electronic' system is bound to cause some red faces amongst the BN, including UMNO Youth Chief Khairy Jamaluddin, who had hailed it as the solution that the country needed the most.

“The argument is that someone with multiple identity cards can vote once and then bring another card to a different stream, and it will match his thumbprint and he will be allowed to vote . The prerequisite for the system to work is for each person to have only one identity card,” he told reporters.

“We have had a dry run with 50 people and the average time per person is 10 seconds, but had problems where the machine could not detect. With indelible ink you just have to dip the finger in the ink."

Breakthrough?

In a surprise turnaround, Aziz also rubbished his deputy Wan Ahmad Wan Omar's claim that indelible ink could be used by irresponsible parties to mark naive voters to ensure that they are disqualified from voting.

“This cannot happen as the colour of the ink is not known until the day... there can be so many colours. We can also maybe have some sort of pattern,” said Aziz.“It could be indelible ink, biometric or both systems combined to make it foolproof by the next general election."

His words gave hope to election reformists that finally, there may be a breakthrough in the impasse between the government and Bersih. However, Aziz warned the Attorney-General's chambers was still studying the legal aspects of using indelible ink, particularly if it would be made mandatory.

“That's why we want to make sure that everybody will use it. If they don't want to they will need to fill in a form, for example.“But there will be people would not want to use (the ink) as they think it's haram, for example, or they are allergic," he said.

However, PKR vice president Tian Chua was more cautious.

"I wouldn't hold my breath if I were you. But at least the sound bytes are now a bit more in line with civil society. In the past, you get the feeling you were dealing with dictators. But basically, while we welcome, we must keep fighting and ensure concrete outcome before we celebrate," Tian told Malaysia Chronicle.

- Malaysia Chronicle

FBI pressured to stop backing Malaysian potentate

BRUNO MANSER FUND, BASEL / SWITZERLAND

25 August 2011 – for immediate release

Western NGOs are increasing the pressure on the United States’ federal police for its ties with Malaysian potentate Abdul Taib Mahmud („Taib“), one of South-East Asia’s longest-serving and most corrupt politicians

(Basel / San Francisco / Washington D.C.) In a letter to FBI Director Robert Mueller, the Swiss Bruno Manser Fund and the San-Francisco-based Borneo Project are calling on the Federal Bureau of Investigation (FBI) to cut ties with Wallysons Inc., a US company controlled by the Malaysian Taib family.

The NGOs are asking the American federal police to suspend the rental contracts for the Abraham Lincoln Building in Seattle, which is owned by Wallysons Inc., and houses the FBI’s Seattle Division headquarters. FBI Director Mueller is also asked to ascertain if the Taib family’s US investments are in line with the country’s anti-money-laundering legislation, and to freeze all Taib family assets in the United States.

"While the the fight against public corruption should be one of the FBI’s top priorities, it is renting premises from the Taib family, one of South East Asia’s largest corruption networks. We are seriously concerned that the FBI appears to be unduly backing the Taib family and its illicit foreign assets", the Bruno Manser Fund wrote in a statement.

Copies of the letter have been sent to a number of US government agencies and top politicians, including the Secretary of State, Hillary Clinton, the Secretary for the Treasury, Timothy Geithner, the Attorney General, Eric Holder, and the Judiciary Committees of congress who oversee the FBI.

In March 2011, the NGOs had approached the American federal police on the matter and organized a street protest in front of the FBI’s Seattle Division Headquarters. The FBI had left their complaints unanswered and refused to receive a NGO delegation.

Wallysons Inc. is one out of five US companies blacklisted by the Bruno Manser Fund for their close association with the Taib family.

75-year old Abdul Taib Mahmud („Taib“) has been governing Malaysia’s largest state, Sarawak, since 1981, a position which he has abused to ammass a fortune estimated at several billion US dollars. Most of Taib’s wealth is believed to stem from the destructive logging of Borneo’s tropical rainforests.

In June 2011, the Malaysian Anti Corruption Commission announced it had opened a corruption investigation against Abdul Taib Mahmud.

– Ends –

The attached pictures are showing a street protest organized by the Bruno Manser Fund and The Borneo Project in front of the Taib family-owned office building in Seattle, which houses the Headquarters of the FBI's Seattle Division, on 3rd March 2011 (Copyright: BMF).

Bruno Manser Fund, Socinstrasse 37, 4051 Basel / Switzerland

Tel. +41 61 261 94 74, www.bmf.ch; www.stop-timber-corruption.org

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STATEMENT FROM THE DOCK

DALAM MAHKAMAH TINGGI DI KUALA LUMPUR

DALAM WILAYAH PERSEKUTUAN

PERBICARAAN JENAYAH NO: 45-9-2009

PENDAKWA RAYA

LAWAN

DATO’ SERI ANWAR BIN IBRAHIM


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, and should 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 herein before. 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 herein before.

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 byelections. 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

Tuesday, August 23, 2011

PKR to play off Wan Azizah against Rosmah in new campaign

August 23, 2011

PETALING JAYA, Aug 23 — PKR is pitting its president Datuk Seri Dr Wan Azizah Wan Ismail against the prime minister’s wife Datin Seri Rosmah Mansor as an alternative role model for Malaysian women to aspire to.

The opposition party’s women’s wing chief Zuraida Kamaruddin launched a six-part series of stories today titled “Cerita Kak Wan” featuring the life and career of a housewife who once helmed the opposition bench in Parliament while raising six schoolgoing children when her husband was stuck in prison.

The Ampang MP told a press conference today that Malaysians, especially those in rural areas, needed to be shown “we have a better role model than the one we’ve got right now” in an apparent dig at Datuk Seri Najib Razak’s wife whose tastes in fine jewellery and branded clothes and handbags has been spotlighted. Rosmah’s circle of friends has also been questioned.

Influential Indonesian paper Kompas had earlier this month alleged that Rosmah bought a US$24 million (RM72 million) diamond ring off celebrity New York jeweller Jacob and Co and was close friends with a woman who purportedly had links with the Russian mob.

Datuk Seri Najib Razak has denied his wife bought the US$24 million diamond ring or that his Kazakhstan in-laws are linked to the “Russian mafia” as reported by Kompas.

Kompas has since apologised to the prime minister for its August 4 report but mystery remains why the ring from New York jeweller Jacob & Co. was addressed to Rosmah, according to pictures widely available on the Internet.

Kompas chief editor Rikard Bangun also apologised to Najib and his family over the report although it is understood that the Prime Minister’s Office had used back channels to threaten a suit against the Indonesian daily. However, the daily has not flinched except for the apology.

“Too much Rosmah is not healthy for Malaysia,” quipped the party’s chief strategist Rafizi Ramli today at the launch of the Kak Wan campaign.

A total of 35,000 sets of pamphlets on Dr Wan Azizah will be distributed, starting in Selangor, as part of a nationwide campaign to reach out to women voters ahead of the coming general polls, widely expected to be called later this year.