Malaysian Government on Trial

I am quoting part of the editorial of Asian Wall Street Journal below (in dark blue print) on Anwar’s case . For the full article , you can view at Malaysian Insiderwebsite, as AWSJ is subscription based. I am paraphrasing the article, with my comments below each paragraph.

Anwar’s arrest adds to political Risk

JULY 18 — The last time Malaysian democrat Datuk Seri Anwar Ibrahim was prosecuted on a trumped-up sodomy charge, we wrote that the government’s “crude measures will exact a heavy price in terms of lost credibility.” Ten years later, Malaysia’s current political leaders should take note.

On Wednesday afternoon, Anwar was picked up by policemen in ski masks and hauled to police headquarters. He was interrogated for six hours, stripped and asked to supply a DNA sample — a request he refused. He spent the night on a concrete floor without furniture and was released on bail yesterday morning. Malaysian media report that the government is exploring ways to compel Anwar to give DNA.

In the first place, why not wait until 2pm  and only arrest Anwar when he failed to turn up at IPK at 2pm? Why arrest him one hour early?

The government could have used normal CID personnel to detain Anwar. By using SWAT team, it is really melodramatic, and this will create a perception that this is persecution and not prosecution…. Anwar is a civilian, and why not use the normal procedures for civilian arrest in this case? If Anwar resists arrest by force, which I really doubt he would, the public opinion may turn against him. As it is , the way of arresting him has cast the authority in a very bad light…. I am no Anwar supporter, but I really feel that the method employed is not right.

 Anwar’s accuser — his former aide, Saiful Bukhari Azlan — is under police protection. It’s not a stretch to imagine Anwar’s DNA finding its way onto his clothes as “evidence,” as that’s the tactic the police used back in 1998. Anwar wryly noted at a press conference yesterday that while stripped, the police measured his “necessary parts.” Again, that kind of detail would be helpful in a show trial

‘ It’s not a stretch to imagine Anwar’s DNA finding its way onto Saiful’s clothes as “evidence” ‘ This sentence is not written by me but by a foreign journalist with AWSJ, a reputable publication read by influential people in many countries. How low has Malaysia’s reputation sunk? Even foreigners are skeptical of our government’s neutrality….. The perception here is that Anwar is right to refuse DNA tests as his evidence might be tempered  with…What happens to our Institution of Law and law enforcement? We used to laugh at Philippines and Indonesia, now we are joining their ranks, and become a laughing stock of the world.. Buck up Malaysia.

The same cast of characters from 1998 are in positions of influence today. The Inspector-General of Police, Tan Sri Musa Hassan, was the lead investigating officer into Anwar’s 1998 case, and Attorney-General Tan Sri Abdul Gani Patail was the lead prosecutor. Deputy Prime Minister Datuk Seri Najib Razak competed with Anwar for the leadership of Umno in the 1990s. Then, as now, Anwar’s popularity is a threat to the deputy PM’s political future.

The government denies the prosecution is politically motivated. Home Minister Datuk Seri Syed Hamid Albar called the arrest “not a political move,” while others have suggested that Anwar has nothing to fear from a “fair” trial. Malaysia’s state-run media have fallen into line, too. One headline in the New Straits Times reads: “Trust in the authorities needed to restore calm.”

But it’s trust in the system itself that’s lacking here. Given Anwar’s treatment in the judicial system the last time around, it is difficult to believe he would get a fair trial. His arrest is likely to stimulate more support for his cause of a more democratic and free Malaysia. The government obtained a court order barring Anwar and the public from going within 5km of Parliament on Monday, the day he was planning to attend a key parliamentary debate.

Even before Anwar’s case goes to court, the world has already made up its mind  that Anwar would not be able to get a fair trial.  Perception is everything in politics, and being a member of the global community, what others view us is very important. So, what I have advocated the past 2 days in my previous posts about getting foreign experts to investigate make a lot of sense in the light of all these development. 

34 Comments (+add yours?)

  1. james loh
    Jul 18, 2008 @ 12:39:09

    what if there is a possibility that the police were intentionally doing it ..to boo boo the government..? or someone is in the hurry for promotion? what is interesting is the numbers of 4wdrive ..? are those fully armed with m16, c4 ? and what could the ordinary citizens ? do ? throw stones ?

    as per see, malaysia is alike a person having constipation for 50 years..and this prson is now under going shitting phrase..? do we stop here ? or go through the process?
    some people think this is too much nonsences stop and get back to biz? are we hiding under the carpet?

    chinese esp shouldnt think of just making money an dplaying safe..this is the only window of opportunity to purge all these shits !

    get it of, even it stink !

    what are the mca n gerakan boys doing ? are there so busy going round town for their part elections?

    or sit and play safe? let the malays fight it out..and play dead 1st..

    the gerakan youth made a stand..a small party as compare to big brother mca..now mca is waiting !

    waiting! shut up..not our concerns..when elephants make love grass sufferred what more when elephants fight?

    mca, stop playing dead..or you are already dead.

    evil prevail when good man do nothing !

    Like

  2. aadya
    Jul 18, 2008 @ 12:42:30

    Ths whole DSAI saga has been way over rated. It’s like one long draggy drama, of course thanks to DSAI himself. And in the process I feel DSAI is indirectly and psychologically instilling bad ideas and perceptions in the people’s minds by the way he puts his comments in his press statements.

    Like

  3. Charlie
    Jul 18, 2008 @ 13:26:29

    the high-handedness arrest is regrettable. Although it must be said such blunder would not have been made by any political strategist worth his salt. Another point rarely mentioned in the blogs though, is that Anwar himself was very well protected, 7 cars! That the police couldn’t serve the notice on him personally last Sunday, only to his security guards and this technical ground was used by his lawyers as reason he did not appear, somehow makes it understandable the show of force by the police, although not to the extent of justifying it. This kinda throws light as to why normal procedures for civilian arrest cannot be used on him though. Now though, to be fair Anwar is not making this easy. Ur call for independent forensic investigation team is really point-on dr, and I think the police are really considering it, given their top person is embroiled in another round of fight with Anwar. But he is already making it tough for us to get around to solving this case, even the suggestion that he could have his own doctor present is rejected. What DOES he want?

    Like

  4. monsterball
    Jul 18, 2008 @ 13:39:42

    UMNO is lost….when Anwar debated Shabrey.
    Najib…the Min. Of Defence and being the DPM…is the only man…that can get the police act like this.
    Ofcouse…so can Dollah.
    Now…you go and conclude…whose future is threatened by Anwar?
    I even suspect ….Dollah stepped in..saying…enough is enough…release Anwar…or charge him now. you see.the police could cook up more reasons… to detain Anwar few more days…to break or silence him.
    Najib promise Tunku Razaleigh….his few votes…as UMNO Youth President…when Razaleigh contested against Mahathir for UMNO presidency.
    Last moment..he changed his mind. Mahathir won ..and Najib became filthy rich……free and easy….no need to work….for years. He was Mahathir’s blue eye boy.
    Then….he switch loyalty from Mahathir to Dollah.
    Now.you tell me…can you trust such a man..to be PM..doing everything.so clear…for personal benefits only?
    And his IQ is very low.
    He became a minister…out of respect for his father..who died as PM. For years…it was his smart mother…that tutored him…how to talk.
    Grew up….married an out of shape woman…he became a welknown playboy…with no fear from his loving wife.
    Atlantuya …if proven to know Najib…wife’s future as PM’S wife..totally gone!!
    That is why…when RPK made a legal sworn statement…..Rosmah was involved with the murder case….Malaysians want Rosmah to sue RPK and prove her innocence.
    Just trace back .what Najib and Rosmah said.
    So you see…guilty ones…always behave like saints. So let the victims..prove their cases.
    But the guilty ones are surrounded and protected…at all cost…BY UMNO. It is the nature of all crooks stick together…like a gang.
    That is why….we have such nice ever forgiving UMNO people…never sue anyone..always forgive enemies….not like Lee Kuan Yew…who loves his reputation..more than anything else. They are twisting and applying…let RPK prove…he is telling the truths.
    Now everything..leaving to trust the police and legal system..for fair investigations.
    Bottom line..Dollah must understands.what Malaysians want..from him.
    To be fair….he is showing some good signs..but so slow….and fragile.

    Like

  5. darcwil
    Jul 18, 2008 @ 16:10:59

    For the next 2 years AAB will not be pressured to sayings that he wants to continue his tenur or whatever. Now after the announcement, I wonder if people would ever keep their mount shut because AAB is saying he is retiring anyway. But anyhow, a good from this is now AAB can focus on doing what is best he feel for the country without knowing he has to satisfy his critics. He has nothing to lose anyway. Unlike Tun M. That is why Tun M still so bitter up til now!

    Like

  6. pinkerton
    Jul 18, 2008 @ 16:50:10

    aiyaaaaaaaaa…

    when will all this gonna end?

    when will Anwar gonna hand over his dna sample?

    questions that leads to more questions.and i’m already getting weary with all of this.

    *sigh*

    Like

  7. monsterball
    Jul 18, 2008 @ 17:37:23

    Easier said than done..pinkerton.
    Will you simply hand over your DNA…to someone…trying to frame you?
    We are all fed up too.
    You think…we like our present living conditions?
    Ask yourself….who did you vote?
    You see….at the end of it all…..it is the voters ….supporting UMNO and BN…. are to be blamed.
    They love the song…I did it …”My Way”
    Did what their ways?
    50 years …same old way…..no change..so contented…so lazy…love the way of being spoon fed.
    This is the way….of monkies….not human beings.

    Like

  8. yh
    Jul 19, 2008 @ 00:36:39

    remember how DNA was planted in the mattress in 1998. who was the chief prosecutor and investigating officer then? now, they are top honcho in AG office and the top cop.
    if evidence was planted the last round, it can happen again isnt it? can the govt blame the cynicism in us?

    Like

  9. jeff
    Jul 19, 2008 @ 02:06:58

    I think he probably will hand over his DNA to BN protector, since first he is a no body, who want to frame him, second, if you are an umno ball carrier, you will want to believe umnoputra is saint and greater than GOD, is incapable to frame any Malaysian, third, one who got some goodies from umnoputra by holding umnoputra ball since independence will not have any conscience in him, monsterball. what do you think?

    Like

  10. steven
    Jul 19, 2008 @ 04:02:34

    In any ADVANCE investigative system, accused is not required to provide his own DNA to prove own innocent if he so choose. It’s up to the accuser to provide conclusive evidences, eye witnesses account, and circumstancial evidences to police, after the investigation, it is up to the prosecution to decide whether go ahead with the indictment or not based on result of investigation. No where in the malaysia’s law say that one is guilty until proven own innocent in court. Without any DNA sample, case can still put on trial if conclusive evidences are collected.

    Like

  11. darcwil
    Jul 19, 2008 @ 13:25:12

    If he aint afraid of anything he should just be brave enough instead of beating around the bush. First this then that. Then accuse police not credible, then say people want to kill him. Then hide here there. Run away from police. Seriously, who does he THINK he is? So important? To his supoorters yes lah, that is like to who, PKR and AIC people?

    Like

  12. monsterball
    Jul 19, 2008 @ 15:58:01

    I repeat..darcwil….easier said than done.
    He went to jail for 6 years….same case…for sodomy and…do I need to wrote out all the details?
    Why don’t you pity him..found not guilty…after six years. That’s why we voted for him.
    Anwar is not afraid to give blood for tests.
    He is afraid…his blood will be not really there.and another person’s blood planted in..then Anwar become the biggest clown of Malaysia….arrested…put to jail again…..to keep giving blood…to prove his innocence…instead of riding high .with his present political position.
    It is he …. getting more and more powerful..that such idiotic charges is planted onto him again.
    Najib is the the main suspect.
    After all…he mastered the art of talking..like Mahathir..dress in style….like Mahathir.
    Mahathir sacked four DPM.
    Najib played out Razalieigh…in favour of Mahathir…now played out Mahathir…in favour of Dollah.
    Both have same dirty stlke in politics…..but Najib is a copycat of Mahathir……also ..one with low IQ.
    However..he holds power as Min.Of Defence..power over the military…actually no power over the police. But then Albar….Home AffaIrs minister is a yes man…with a loud mouth…can never be trusted,
    Now…you tell me darwil…if you are Anwar..will you trust UMNO?
    Don’t develop the art to judge others. That’s not hard to do.
    Develop an understanding of the whole situation…and appreciates Anwar difficult position.

    Like

  13. songsong
    Jul 19, 2008 @ 23:01:14

    Can arrest without arrest warrant? Can get arrest warrant without police report? Can accuse / arrest a person without showing him police report??? Semua boleh in this Bolehland?

    Like

  14. jeff
    Jul 20, 2008 @ 00:16:06

    Why so eager for the accused DNA while accuser is still in police custory? why otherwitnesses are not interviewed and other leads are not followed thoroughly?Why new leads on a murder trial in progress is not getting a priority urgency in police investigation file, so whoever involved should face JUSTICE ? Is malaysia’s IGP is telling all Malaysians murder is a lesser crime than so-do-me? Don’t everyone think it is “fishy” that police’s conduct is so low standard and laughable at least with their lightning action on the accused? while an SD murder leads received no attention.

    Like

  15. jeff
    Jul 20, 2008 @ 03:21:42

    Of course for any one who has never go through DSAI’s experience is a lot easier to lay criticism on him, after all, he or she was not frame by umno controlled police force before, never have to get a “black eye” while in police custory, serving a six years sentences but facing food poisoning to finish him off in jail n on the receiving side of trump up charges can say he is not brave, finding excuses and etc… it ‘s typical of an immature mind or one who is ignorent of Malaysia’s on going events. Sad !
    isn’t it ? probably he is trying to spread rumors among bloggers to discredit DSAI. Monsterball!

    Like

  16. darcwil
    Jul 20, 2008 @ 17:31:45

    Pity monsterball? For Anwar. Hmm. Perhaps. When I fully understand what exactly are his intentions in his hurry to take over the country, or even more ambitious, to be the next PM. Hasty hasty. As I read elsewhere, DSAI indeed is a charismatic way, but his achilles heel is IMPATIENCE. And this is what happens when you are a little too over ambitious.

    Like

  17. monsterball
    Jul 21, 2008 @ 19:10:36

    To take over fast and save the country and Malaysians la.
    Why you so shallow minded?
    Anwar impatient?
    Anwar sodomise others?
    Anwar causing trouble?
    darcwil….How old are you?

    Like

  18. monsterball
    Jul 21, 2008 @ 19:18:16

    Anwar’s problem is actually plan too well and too cautious.
    Perhaps he also leak out false actions…to make UMNO kalang karpot…shivered and planted road blocks.
    He is testing UMNO..and UMNO is truly scared.
    darcwil love to see Anwar slow down…. and give UMNO a chance to keep finding way and means….how to hold on to power.
    darcwil is UMNO member?

    Like

  19. darcwil
    Jul 21, 2008 @ 20:31:01

    Eh, hello, you may not simply say so monster. I voted for so called “change” but I do not understand what the hell is the rush. Let the democratic way of changing govt go into place lah. As a good leader that he is, there is no reason to be so pushy. Why not let the 5 states do a good job in governing, settle PR system issues bla bla BEFORE even attempting to play around with taking over the fed govt.

    I want a better malaysia. But this is not the way to do so.

    Like

  20. Charlie
    Jul 21, 2008 @ 22:07:55

    that his case took 6 years to reach the highest appellate court and eventually set aside was not motivated politically, that’s the (sad) way criminal justice system is in Malaysia. Point is though, the Federal Court did find for him on the ground of inadmissibility of evidence. What’s the noise now that he will be maliciously convicted again? abit pre-mature right? In any case, AAB has barred Musa and Gani from the on-going case ; all sides are showing willingness to be as transparent and as independent in this case as possible, yet the paranoia and jumpiness from his side never ceases. It’s not only wearing down on one’s patient, it’s starting to make ppl talk – tongues wag.

    Like

  21. Charlie
    Jul 21, 2008 @ 22:09:29

    oh and another point, make no mistakes here. People were eager for changes, were ready and voted for it. That mandate was for the Pakatan to run a few states and we’ll gaunge from there how competent we are before handling them the big torch. That mandate has never been for Anwar to seize power this way to form federal government.

    Like

  22. jeff
    Jul 21, 2008 @ 23:03:54

    Actually DSAI is the accused here, he does not plan to take over government in this way, or wanted to grab power in a rush or undemocratic way! where is all these “rubbish” coming from? a mindset of an immature one or dumpster bin? yeah, yeah… he paid saiful to accuse him, order police out in full force to arrest him, created all these media publicity for personal attention so to grab power for himself by forcefully topple umno-Bn government….blah…hahaha..excellent! right? monsterball.

    Like

  23. ReeWoo
    Jul 22, 2008 @ 09:50:34

    Jeff,
    are you blind and deaf enough to be oblivious with your surroundings?
    DSAI did plan every single move that he’s done. He did plan to take over the government in such undemocratic way, nobody is putting a knife under his neck while he made his big announcement that he’ll be taking over by 16 Sept. Or when he sowed all his promises to the rakyat.
    he planned his every single move, do think he’s that stupid to be in politics and not have a plan of what he wants to do? Anwar is known to be a ‘licik’ politician, history tell us so.

    Like

  24. aadya
    Jul 22, 2008 @ 17:38:20

    Some debates about Anwar I see… Hmm..

    On that matter reewoo, in politics I feel nothing in coincidental or just “happened”. There must be clever plot somewhere by someone. Or if not, have someone plot against you, and make the plan backfire and take advantage of the situation!

    That is the cleverness of Mr Anwar. True or no or whatever my little old housewife mind cannot comprehend. lol.

    Like

  25. jeff
    Jul 22, 2008 @ 23:15:52

    ReeWoo: are you stupid n uneducated? so you go about your life without planning and using your brain?

    what is wrong if he want to announce other MP want to cross over, or he want to go for a by-election? So he orchestrated 12th election opposition party significant victory mean that he is taking power “undemocratically”? Do you prefer someone who is stupid not to plan every move in whatever he is doing for the country future? Are you just too immature to understand anything?

    Like

  26. ReeWoo
    Jul 23, 2008 @ 10:23:54

    Jeff,
    there’s nothing wrong with making announcement and stuffs, but the nature of the of the announcement itself is poisonous. Now do tell me, so far how many MPs that Anwar had loudly claimed are crossing over did actually made that step?None… just some ex-s, former members. So why the loud noise over it? To create a stir in the country?
    And the way he’s behaving over his latest allegations?
    Now if he did not plan to take over in a rush, as claimed by you, do care to explain his attics of instill noise and never ending dramas into the daily life of Malaysians.

    Like

  27. ReeWoo
    Jul 23, 2008 @ 10:34:02

    Jeff,
    I want change in Malaysia but it should not be done in such ways that involve giving unrealistic promises just for the sake of looking good on tv, or stirring the peace of our country by resorting to unnecessary noise. If Anwar really believes that he’s able to bring Malaysia better then live up to what he’d said and actually do it. What’s the point of making statements after statements but no action to follow it up?
    So far what I can see Anwar didn’t run far to dp what he has promised and said to the public.

    Like

  28. jeff
    Jul 23, 2008 @ 13:59:02

    Why don’t you tell me how his announcement contribute to “stirring peace” of the country, why it make him “looking good”? What promises did he make to you? He is making some claims of cross over, whether it happens or not, what ‘s a big deal to you? Done in what way, the election is just over, there is no his way or your way in Malaysia. So tell me how much is his announcement so far has poison you, are they causing big damage to your brain or physically? How old are you ? why you never look at the whole picture and understand his situation?

    Like

  29. jeff
    Jul 23, 2008 @ 23:18:09

    Have some symphatic on this man, he was framed by an umnoputra with same charge ten years ago, one eye nearly became blind due to beating, while in serving his sentence for corruption, nearly loss his life due to deliberate food poisoning by authority to kill him. Why you have to judge him so harshly and question his doubt about his own safety and repeat of past conspiracy? Are you so eager to see him suffer or death for what wrong he did to you previously?

    Be reasonable and compassionate, whatever he did to safeguide his life is justification for all these jumbo-mumbo umno put him through. ReeWoo!
    look at the whole picture n situation before passing harsh criticism on any individual, where in first place , we are not suppose to pre-judge someone at all.

    Like

  30. darcwil
    Jul 25, 2008 @ 13:49:20

    sympathetic? have you even proof that he was framed? Is he or is he not a sodomite? You are what you choose to believe in.

    Like

  31. nick
    Jul 26, 2008 @ 00:40:17

    “have you even proof that he was framed?” darcwil

    Remember Sodomee 1?
    The family driver was alleged to have neen buggered 15 times. Do you agree that sodomy can be equated to male rape? If you do, please tell me what the hell did this driver go back to work for Anwar’s family and get buggered for another 14 times unless he also enjoys being raped? Moreover he is the only “rape victim” that didn’t have to go for a medical examination. He also went on record to deny being sodomised 3 times.
    Remember Sukman , Anwar’s adopted brother who was jailed 6 months for allowing his rear to be shafted? Do you remember what the medical report said? “No evidence of anal penetration”. Yet he still went to jail.
    Yes as you said “you are what you choose to believe in”. Do your research and if you still dont find that things are very odd good luck to you in your IQ development, to each his own.

    Like

  32. darcwil
    Jul 26, 2008 @ 12:36:11

    I have done my research and my myself have a law background, so you dont get preachy preachy about how i analyze my law statements nick🙂

    “I HAVE EXTRACTED FROM THE PAST THE JUDGMENT BY THE FEDERAL COURT OF MALAYSIA, ANWAR’S APPEAL AGAINST HIS CONVICTION ON SODOMY. THE FOLLOWING IS A MAJORITY DECISION REACHED BY THE JUDGES SITTING IN THE FEDERAL COURT ON THE ANWAR IBRAHIM APPEAL AGAINST HIS CONVICTION ON SODOMY.

    PLEASE NOTE AND READ CAREFULLY THE VERDICT, THAT ALTHOUGH THE JUDGES HAD NO DOUBT IN THEIR MINDS THAT THE ACT OF SODOMY BY ANWAR IBRAHIM HAD TAKEN PLACE, BUT TO RELY SOLELY ON AZIZAN’S EVIDENCE WOULD BE UNSAFE FOR THE PURPOSES OF UPHOLDING THE JUDGEMENT.

    SO DID THE ACT OF SODOMY TAKE PLACE ? YES ACCORDING TO THE JUDGES. BUT DUE TO A TECHNICALITY THEY HAVE NO CHOICE BUT TO DISMISS THE CASE.”

    The whole judgement http://stephendoss.blogspot.com/2008_06_01_archive.html

    read and be enlightened. Or again, you are what you choose to believe in.

    Like

  33. nick
    Jul 29, 2008 @ 19:28:57

    Lawyer darcwil, aha interestingly I came back to this blog and see your above comment.

    So u r a lawyer. Please tell me just 2 things

    1. Where in the world a rape victim does not have to subject to a medical examination

    2. “So did the act of sodomy take place? Yes according to the judges….”
    Yes according to what evidence?

    Thank you Lawyer!

    Like

  34. monsterball
    Jul 30, 2008 @ 21:22:53

    nick…darcwil is a self taught…lawyer burok.
    What do you expect from low class UMNO member?

    Like

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