///And so they have arrested Anwar for sodomy. Before he makes his statement?/// – sheriff singh
For the Life of me, I can’t understand why police need to arrest Anwar just Kuala Lumpur, at 12.55pm outside his home today when he was scheduled to meet the police (only 1 hour difference) by 2pm to be questioned over the complaint of sodomy against him by a former aide.

The stance of the police according to reports is that:
(i) they are politically neutral;
(ii) they have asked Anwar to call in to make a statement because having had Saiful’s complaint it was only fair that Anwar be given a chance to be heard by his statement before police makes decision whether there is prima facie evidence to arrest and charge him.

Here before Anwar had been afforded the opportunity to be questioned and to make his statement, he has been arrested. How does it tally with (i) and (ii) above?

There are three things people in power don’t seem to grasp learning from history:

1. Even if investigators have what they consider prima facie evidence of an offence, if professional competence is not up the mark, meritocarcy not being exactly valued in our cultural and bureaucartic milieu, both the investigation and the prosecution will be bungled up somewhere along the line;

2. Especially when it is not just the truth and fairness that matter all but also more important than even that, in a case of political implications, the perception thereof in eyes of Malaysians and the World – and the first arrest even before statement given does not really help in restoring confidence in the fairness of the current criminal justice system;

3. One of the reasons Malay ground shifted against TDM in the past was the inherent cruelty in a Malay dominant administration to prosecute (read persecute) another Malay leader by such a charge of sodomy, as if to destroy the man in totality. They don’t realise that any effort to disgrace a Malay leader in such a cruel way will vicariously cause others of same community to feel humiliated as well, which is unacceptable in Malay culture.

It is not as if it is ordinary for sodomy charges and arrests to be made every other day in a society where 1 in 5 or 6 may actually are gays and have engaged in gay activities. People will ask (even if true) why pick on him especially when he was acquitted in 2004?

According to malaysiakini, it is learnt that Anwar is to be charged under Section 377C of the Penal Code. This is worse. 377A is just unnatural sex defined to be “Any person who has sexual connection with another person by the introduction (penetration) of the penis into the anus or mouth of the other person. 377 C concerns Anal or oral rape where in addition to the unnatural act, it was done another person “without the consent, or against the will”.

Now it is hard enough to (A) prove sodomy per se – can you prove (B) “without the consent, or against the will”?

If you can’t prove (B), the whole charge under 377C should fail. And it takes a lot to convince me that they can ever prove (B), all things considered.

As I said earlier, KLites should brace for traffic gridlocks and demonstrations in the capital.