By Dr Chen Man Hin
IT IS NATURAL JUSTICE FOR ANWAR IBRAHIM TO HAVE ACCESS TO ALL EVIDENCE IN SODOMY 2 TRIAL
Denial of clinical evidence from Anwar Ibrahim to defend himself to face a charge of sodomy is a denial of natural justice for Anwar. Before this, he was also denied of evidence several times on previous occasions in the course of the trial.
In any trial, any one charged with a crime, surely has a right to ask his accuser (the prosecution) to produce the evidence. To deny the accused of the so called charge is surely a denial of natural justice for the accused.
This is substantiated by a clause in the INTERNATIONAL COVENANT IN CIVIL AND POLITICAL RIGHTS passed by the United Nations, ‘which guarantees the accused the right to have adequate time and facilities to the preparation of defence. Article 14 (3) (6) of the Covenant guarantees that legal representation of the defendant should have access to all relevant material and evidence.’
A check on the covenant revealed that Malaysia has not ratified the covenant, nor is she a signatory. We have SUHAKAM which is supposed to uphold human rights in the country. Can SUHAKAM act on this?
Malaysia must observed human rights if there is sincerity to respect human rights. Suhakam should come up openly to support Anwar’s peitition in court to have access to all evidence which is currently withheld by the Prosecution.
THE WORLD IS WATCHING THE TRIAL OF ANWAR.
Al Gore and Paul Wolfowitz on August 4th told the Asian Wall Street Journal that although Anwar is tried in Malaysia, the trial is watched by interested leaders all over the world. Anwar’s trial is actually a trial before the people of the World. Al Gore said that it was a trial for democracy and justice. He is quite convinced that the charge of sodomy as trumped up, was purely to get rid of Anwar, as he was posing a threat to the Prime Minister Najib Razak.
DPM Muhyddin dismised Al Gore’e remarks claiming that he has no right to interfere in the affairs of the country. It is relevant to remind Muhiyddin, the persecution of Aung San Suu Kyi of Myanmar was an internal matter, but the whole world is clamouring for release of ASSK. So also in Anwar’s case the whole world is clamouring for a just and fair trial for Anwar.
Muhyiddin should not dismiss Al Gore’s comments carelessly, Al Gore was a vice president of America, he is a champion of a carbon free environment and a Nobel Laureate. He is a fighter for justice and during the early days of Reformasi, Al Gore defended Anwar at an Apec dinner meeting in Kuala Lumpur during Sodomy 1 days.
A TIMELY WARNING
A corrupt judiciary or unfair trials are one of the reasons why foreign investors fight shy of Malaysia, causing it to have a lower ranking in FDIs in Asean, below Thailand, Vietnam and Indonesia. A foreign investor would not put his money here, if he does not a get a fair trial, should his company be involved in a legal tussle.
Therefore, it would be prudent for PM Najib to ensure that Anwar get a fair trial, and to see that all evidence relevant to the Sodomy 2 trial be handed over to Anwar’s defence counsel. Not only are Malaysians watching, in fact, the WORLD IS WATCHING. WE WOULD ADVISE HIM TO DROP ALL CHARGES AGAINST ANWAR.
#1 by Mel_a_yu on Tuesday, 10 August 2010 - 10:49 am
“A corrupt judiciary or unfair trials are one of the reasons why foreign investors fight shy of Malaysia, causing it to have a lower ranking in FDIs in Asean, below Thailand, Vietnam and Indonesia. A foreign investor would not put his money here, if he does not a get a fair trial, should his company be involved in a legal tussle.”
Nothing to do with this trial. The decrease in FDI had already been expected :-
Malaysia attracted record FDI in 2008, not bullish about 2009
Asian Economic News, Feb 23, 2009
KUALA LUMPUR, Feb. 10
Malaysia’s foreign direct investment in the manufacturing sector rose to a record high in 2008 of 46.1 billion ringgit (about $12.9 billion), up 38 percent from the previous year, the government said Tuesday.
Trade Minister Muhyiddin Yassin told a press conference to announce the 2008 performance of the manufacturing and services sector that the increase was due to the approvals of several capital-intensive projects.
Australia was the biggest foreign investor in Malaysia last year, pumping in 13.1 billion ringgit. It took the top spot mainly due to a single new project that cost 12.5 billion ringgit.
The United States was the second biggest investor with investments totaling 8.7 billion ringgit, mainly in the renewable energy, electronics and chemical industries.
Japan came third with investments totaling 5.6 million ringgit, a drop of nearly 14 percent compared to 2007. Most of the investment from Japan was in basic metal products and electrical and electronics products.
Foreign investment made up 73.4 percent of total investment projects approved by the government last year, which was 62.8 billion ringgit.
With recessions threatening most of its major trading partners like the United States and Japan, Muhyiddin admitted that the record FDI cannot be sustained.
”We are not very bullish about it,” he said. ”We will see what we can do about it.”
The World Bank had estimated that FDI flows into developing countries will shrink to $400 billion this year from an estimated
$580 billion in 2008, a drop of 31 percent, as most companies cut costs and investment due to the poor economic outlook.
Malaysia’s economy is under threat too as exports shrink and commodities prices like fuel and palm oil continue to fall.
The government is expected to revise downwards its 3 percent growth target for this year.
Finance Minister Najib Abdul Razak is set to unveil his second stimulus package soon to ensure the economy stays above recession. In November, the government announced measures worth 7 billion ringgit to pump-prime the economy.
source:
http://findarticles .com/p/articles/ mi_m0WDP/ is_2009_Feb_ 23/ai_n31919226/
#2 by ENDANGERED HORNBILL on Tuesday, 10 August 2010 - 11:00 am
Problem is Malaysia has court jesters as judges….oh, and the IGP and AG….birds of a strange feather!
Look, what more can I say. Better to go and read “Mad” magazine in court.
#3 by artemisios on Tuesday, 10 August 2010 - 11:05 am
Maybe that piece of evidence can’t be showed to the world because it’s actually a piece of white A4 paper with only 12 words, in bold, in red, in large caps that reads:
“JUST PUT ANWAR IN JAIL… IT DOESN’T MATTER HOW YOU DO IT!!!!”
signed:
weareabunchofcorruptpoliticianstryingtoclingontopowersowecancontinuetostealfromtherakyat
#4 by k1980 on Tuesday, 10 August 2010 - 11:12 am
Since the Education Minister won’t reply to the open letter below, can Mel_a_yu please do us a favour and reply to the points raised in it?
http://malaysia-today.net/mtcolumns/letterssurat/33701-upsr-a-pmr-quandry
#5 by Bunch of Suckers on Tuesday, 10 August 2010 - 11:17 am
My Dear Doctor, you’re convincing the bunch of sucky BN/UMNO piggs with chicken brains to understand, behave and boost up FDI… They know nothing about economy; but they do know the powers and $$$. including sex!
With those suckers leading and governing, Bolehland tentu-lah tak boleh!!! Sucking $$$ and exercising powers non-conscientiously tentu-lah BOLEH…. Thus, many investors shun away to our neighboring nations. This is Bolehland. To those piggs, everything is boleh…
#6 by Mel_a_yu on Tuesday, 10 August 2010 - 11:37 am
#4 Critics not in favour of the diversity and similarities of educational systems around the world have argued that educational policies set forth by governments are reaction movements called transnationalism, whereby the competing governments are trying to be better and superior than their rivaling nations. In essence, our children’s education (anywhere in the world) has been tainted by politicians and their politics.
#7 by Godfather on Tuesday, 10 August 2010 - 11:42 am
Hey Mel_a_yu, jangan lah divert attention. This thread is about natural justice for Anwar Ibrahim. Your political masters want him behind bars, by hook or by crook. You can deny all you want, but that’s the public perception, the international perception.
#8 by sheriff singh on Tuesday, 10 August 2010 - 12:03 pm
But if the charge relates to an “unnatural act against the norms of nature” then the argument could be raised that Anwar is not entitled to natural justice but only for ‘unnatural justice’.
#9 by frankyapp on Tuesday, 10 August 2010 - 12:10 pm
Frankly speaking if there’s a fair trail in Malaysia,Anwar and many others would not have been charged,let alone found guilty .
#10 by Mel_a_yu on Tuesday, 10 August 2010 - 12:34 pm
# The charge against Anwar was the result of the report lodged by his ‘victim’ not the result of the trial. It was the victim who brought anwar to court, to be tried.
#11 by Bigjoe on Tuesday, 10 August 2010 - 12:42 pm
Most Malaysian already know this trial is a farce. But the real interesting question is why they have not got more upset about it compared to the first trial in 1998? The truth is most Malaysian have more at stake in this trial and the issue more critical than in 1998.
The truth is it boils down to Malay feeling over Anwar and the issues. Call it ambivalence, call it apathy, call it lack of awareness. In 1998, there was just a lot of Malay whose immediate interest, political, economic, and other interest was tied to Anwar. His dismissal meant the lost of those interest. This time around Malay interest, even if represent the majority of them, are very long term, not short term and hence do not generate the same excitement.
Its why all these talk of justice, broken system, etc. don’t move them, don’t provoke action. Talk of FDI, do. Talk of economic collapse do. Talk of affairs between DPP and Saiful do. Like it or not long term western construct and concepts is not going to do bring the Malays out on the street and move the vote in sweeping numbers like in 1998.
This trial still lacks a sensational item to move the heartland Malays out in the street to derail it. Without which there is no way to derail it other than to plan to live without Anwar if he goes to jail.
#12 by Mel_a_yu on Tuesday, 10 August 2010 - 1:13 pm
#no la. I’m a Malay. Even in 1998 I had no interest tied to Anwar. But I joined the reformasi. I went to the streets. Because I pitied him. His eyes, all bengkak.
Later on I realised that he also had/has his faults and then I realised he is more about himself than anything else and I realise that we can do without Anwar as PM. He’s not that important, not that smart too.
I mean, my advice to him is, just retire from politics. We’re bored of you already. The same thing over and over and over.
#13 by negarawan on Tuesday, 10 August 2010 - 1:16 pm
The final outcome of Sodomy II is more or less already known because it is engineered by UMNO and its corrupted cronies in the judiciary. May Allah serve his punishment on the inhumane and corrupt UMNO politicians and its cronies.
#14 by Godfather on Tuesday, 10 August 2010 - 2:04 pm
Muslims believe that you will be held to account in the afterlife. I don’t know if there is enough space for UMNO goons where they are destined to go once they expire.
#15 by monsterball on Tuesday, 10 August 2010 - 2:31 pm
I guess that NUT Mel_a_yu does not understand trust ….reliability….reputations and fairness.
Worst of all….his mind is totally blank on CORRUPTIONS.
He is repeating what UMNO B said…like a parrot.
Dealer Wheeler Najib sure to think of goodies to attract investments…maybe now 100% foreign own and tax free……this and that?
You can be sure serious long term Investors are not interested……….until Najib is thrown out.
#16 by monsterball on Tuesday, 10 August 2010 - 2:41 pm
Godfather…UMNO B goons have nightmares that Judgment Days in afterlife are terrible.
So the destroy the 101 year old Pudu Jail…to comfort their lost souls.
Yes multi billion brand new buildings with 10% commission is more important than to preserve historical sites.
With a little imaginations they can keep the original structures and build K.L. ….but the need to destroy to cut down daily reminding of their afterlife Judgment Days.
Do not be fooled by those rouges calm personalities.
All cannot sleep well at night and few may commit suicide to end their sufferings.
#17 by Mel_a_yu on Tuesday, 10 August 2010 - 6:13 pm
Would a different set of people from another political party/pact have made a different choice?
Perhaps ppl like godfather have to take a look at themselves and see how much of their past they have erased in their pursuit to ‘develop and reform’ themselves.
#18 by dagen on Tuesday, 10 August 2010 - 6:31 pm
Mel_a-yu said this of anwar: “I mean, my advice to him is, just retire from politics. We’re bored of you already. The same thing over and over and over.”
The same wayang is being replayed yet again by umno – not anwar. Anwar has no choice but to defend himself. Mamak has been playing the same isa tune, the ketuanan tune, the may 13 tune, and countless other tunes over and over and over and over for as long as we can remember.
Now speaking of being bored. Who should be bored? Us the people of malaysia more than any one else. Negative results. No just no results but negative results by umno. More than bored, we are disgusted and we find umno no less than revolting.
#19 by negarawan on Tuesday, 10 August 2010 - 11:44 pm
I wonder how much he is being paid by UMNO? Yet another corrupt use of the rakyat’s money wasted on a useless UMNO running dog. This is what UMNO and BN is all about, using money and deceit to garner support and votes. I think he is doing UMNO a disfavor here by getting more people to hate UMNO. Among my family members, relatives and friends, we would vote for PAS, DAP, or PKR anytime, anywhere, into our next generation. Rest assured!
#20 by undergrad2 on Wednesday, 11 August 2010 - 1:44 am
“In any trial, any one charged with a crime, surely has a right to ask his accuser (the prosecution) to produce the evidence …” Chen
The accuser in this case is Saiful. Anwar will have his chance to confront his accuser during trial.