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.