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.