The So-Do-Me Case without evidence of ‘penetration’

In July last year, I wrote an article “drop the So-Do-Me case“. I will paraphrase part of it here:

Under the Medical Act, a medical report made by a registered doctor is considered a valid official document.

The medical report by the Burmese doctor stating that there is no obvious penetration sign should be accepted as a valid document. If that is the case, then the whole sodomy charge is no more valid.

Under such circumstances, if the investigation still carrries on, it would have given a perception that this is persecution of an enemy political foe. The police should ask themselves: If the accused is just an ordinary citizen, with such a medical report, would the authority still proceed with investigating the case??

Furthermore, the doctor is a foreigner, and has no direct interest in the politics of Malaysia. He is also an experienced doctor. Even a competent house officer would have known what is a tear and what is bleeding. So his competency should not be questioned. Anyway, In any rape case, the evidence of the first doctor examining the case is of utmost important; and looking at past examples, most of these doctors who testified in rape cases are not forensic doctors and are medical officers in the A & E Dept.

As such, I would like to ask the authority to drop the case. Let us focus on things that are more important to the rakyat.

Of course, being a small fry without any actual influence, my appeal was not heeded. I don’t even know whether those power-that-be read that article , even though I am sure a  ‘Special” department does read every word of it.

I would like to say that although I asked the case to be dropped, it does not mean that I am Anwar supporter. I am not, even though I view him as the one person who can realise the dream of 2 party system in this country-  which even his arch enemy Khairy has said is a good thing to come out of 308.  He is without doubt the key in holding the opposition coalition together.

IN life, sometimes, even a devil may be necessary if the devil can help to bring changes that are good to the country.  (This is figuratively speaking, and please do not put words in my mouth that I say so and so is a devil..)

Having said all these, I am really puzzled by a Malaysiakini report today that the 3 specialists  from Hospital Kuala Lumpur , the premier government hospital and centre of reference for the country, had revelaed that there was no sign of penetration of the anus on MOhd Saiful, the alleged victim.

If there is no sign of penetration, why is there a case still against ANwar? NOrmally , the most important piece of evidence in rape and sodomy cases is the medical report, and in the normal process, if the medical report has certified that there is no penetration, the authority would have dropped the case. Without an objective evidence of penetration,  it is one person’s words against another . Such evidence would  hardly stand up in the court of justice.

The whole case should have been dropped and save the taxpayers’ money in persecuting prosecuting the accused,  if the authority is serious about regaining credibility and past glory of the police, the AG Chamber and the Judiciary.

 

17 Comments (+add yours?)

  1. a gerakan member
    Jun 18, 2009 @ 16:04:22

    Dr Hsu,
    are you a general practioner or a specialist (which field)?

    Government should listen to doctors advice before making serious sodomy allegation!

    Like

  2. a gerakan member
    Jun 18, 2009 @ 16:05:14

    If no need evidence, people like KTK can bring sodomy charges against HCG (just joking).

    Like

  3. Dr Hsu
    Jun 18, 2009 @ 16:12:22

    a gerakan member,

    I run a GP clinic, even though I have a Master of medicine degree in Occupational Medicine, Health and Safety from Western AUstralia.

    If I am in AUstralia, I would most probably work as an occupational physician which is a very lucratic field there.

    Like

  4. Dr Hsu
    Jun 18, 2009 @ 16:15:36

    Perception is important. It is precisely because of the perception that everything can be compromised for the sake of politics, that BN is losing support. And if they do not realise this, they can never reform..

    The best reform is to have a neutral police force and an independent judiciary as well as a truely independent ICAC.

    BUt so far, the perception is that everything is under ‘control’

    Like

  5. Atila
    Jun 18, 2009 @ 16:31:14

    DrHsu

    Govt must make rakyat to believe so-do-mee happens though we ask where are the proofs at saifuls anus?

    umno r majority malays, how many read medical reports or access to info by IT?

    this opera must go on….lies and lies to ignorant malays and harness votes, if not who else wants to vote umno? haha..

    Like

  6. Richard Loh
    Jun 18, 2009 @ 16:55:22

    Many still believe that we are living according to the rule of law in this country. No case can be turned into a big case while a big case can be turned into a no case, all depends on who you are and who you are up against.

    The latest case in point, take a look at the judgment served on all the cases involving the Perak crisis.

    Do not be surprised when Anwar is convicted and send to prison, this time I should guess it will not be less then 10 years.

    Be worried, very very worried and we must hang on to our commitment for change, not for ourselves but for our future generations to come.

    Like

  7. klm
    Jun 18, 2009 @ 17:49:08

    sigh!! The case is so-do-me. The country is do-re-mi.
    ::)

    Like

  8. Meng
    Jun 18, 2009 @ 17:54:46

    Anwar is the problem to BN/umno. If this sodomee don’t work…you can expect another op lalang to get rid of him prior to the next GE.

    One year prior to the next GE is the critical period. MCA will make all sort of bashing comments inviting answers and criticism from PR MPs to the point that these remarks are seen as anti national, racist etc .

    What follows then would be large scale demonstration by umno youth, with mca, mic and Gerakan youth on the sideline instigating further.
    It would be played up or made up giving an impression that the country is under threat or on the verge of racial violence.

    What follows then .. ISA on Anwar followed by LKS, LGE, Khalid, Nizar.. including other outspoken ones.

    my ugly feelings !!!

    Like

  9. Kenny Gan
    Jun 18, 2009 @ 20:44:25

    In the 1998 sodomy case, the fact that the there was no medical evidence to show that the main witness, Azizan was ever sodomized did not stop the judge from convicting Anwar.

    However the political and social environment is significantly different now that to fabricate another sodomy case (and be seen to be doings so) would be political suicide.

    The opposition coalition has grown beyond Anwar and will survive even if Anwar is incarcerated so any political gains by BN will be small and temporary.

    Watch out for my article on this sodomy caper in Suara Keadilan soon.

    Like

  10. Disgusted
    Jun 18, 2009 @ 21:41:56

    The corridor-of-power has lived up to the popular saying that “politics is dirty.”

    Crystal clear in Anwar’s case.

    Like

  11. Amin
    Jun 18, 2009 @ 23:00:19

    As in the case of MB Vs MB Perak, even the very definitive and precise letters of the written laws can be overlooked and a decision made in the contrary insofar as Malaysian judges are concerned. Medical report by doctors is nothing compared to the cold letters of the written laws, hence easily ignored and brushed aside.

    The deciding factor is on which side of the bread is buttered.

    Like

  12. romerz
    Jun 18, 2009 @ 23:34:09

  13. Chauncey Gardener
    Jun 19, 2009 @ 03:10:19

    Assuming the report presented by Anwar’s legal team is a valid document, then the facts indicate that the “victim” was never sodomised.

    The withdrawal of the case will be a major boost for PKR while seen to be a foot-in-mouth event for the ruling govt. I think that the case will proceed but a rational person will be pressed to understand how the rules of evidence can be subverted … but we are talking about the Malaysian courts, which sadly, has lost its raison d’etre.

    Either way, we will see how the ruling govt spins this or does its damage control. The HKL report must surely have been known to the prosecution prior to this submission ?

    And the comments by Meng earlier echo my thoughts as well. The rakyat must be careful not to be sucked into any incitement about one year before March 2012. Given the current political sentiment, it is hardly likely that the BN will call for an early snap election as it would certainly lead to a bad showing.

    The govt of the day can call for emergency rule, which will suspend any elections.

    Like

  14. Nick
    Jun 19, 2009 @ 09:11:30

    Readers, please remember that Anwar was never convicted for Sodomy 1. The bastards planted false evidence on the mattress, obtained false testimony and the correct correct correct judge got his due promotion and today he sits on top of the perch. The 2 scumbags are running the AG’s dept and the IGP’s dept. Everybody who had a hand in the devil’s brew got their recognition. TDM smiled like the cheshire cat. Instead Anwar languished in jail for a trumped up “political interference” charge which isn’t clear to the layman. That’s why many lay people thought Anwar was guilty of Sodomy. He suffered and so did all his children and his wife. That episode cemented in my psyche and soul that we are really dealing with the devil incarnate, namely the UMNO machinery. If my heart tells me the outcome, I suspect Anwar will soon languish in jail for “consensus sex”. But if this evil machine thinks they can silence him, they are dead wrong. A revolution and a much stronger one beckons for GE13.

    Like

  15. A true Malaysian
    Jun 19, 2009 @ 13:29:29

    Nick,

    How true what you commented. For this reason alone, we can forget BN as an alternative come this GE13.

    Voters’ attention should not be swayed by whatever spins engineered by them to cause a split in Pakatan Rakyat.

    Like

  16. shoushudao
    Jun 19, 2009 @ 20:04:53

    Summing up : Precious resources in the form of
    time, energy and infrastructure are not put to good use which should benefit the country but
    diverted to be wasted for such unproductive
    pursuit.

    Like

  17. Atila
    Jun 20, 2009 @ 22:37:40

    DrHsu

    IF ever Anwar goes to jail again, PR would be without him. This would be the real test between pkr pas & dap.

    If Govt make Anwar go to jai againl, BN is never the alternative for GE2012/13 and ever.

    Like

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