“Datuk T” trio’s gross abuse of process of the court

What happened in the Kuala Lumpur magistrate’s court this morning in the “Datuk T” trio Sri Carcosa sex tape case was a gross abuse of the process of the court, reducing the judicial process to a farce.

It was alleged for instance that there are expert testimony that the man in the sex tape is “99.99 per cent” opposition leader Datuk Seri Anwar Ibrahim.

What is the probative value and credibility of such expert evidence when they are not challenged or tested by other expert testimonies, reducing them to the status of one-sided accounts not much better than mere hearsay.

Many questions are raised by the farcical proceedings in the magistrate’s court this morning, where the “Datuk T” trio sought to justify their crimes on the ground of national interests.

What greater national interest could there be to equal the fight against corruption, particularly “grand corruption” of political leaders, with Malaysia’s Transparency International (TI) Corruption Perception Index (CPI) plunging from No.23 in 1995 to No. 56th position in 16 years?

Would the Attorney-General agree that it would be relevant to mitigate offences committed by anyone, whether to steal documents or to breach the Official Secrets Act, if such crimes are committed with the noble purpose of exposing the “grand corruption” of Ministers and the political leaders in government?

The “Datuk T” trio were treated like VVIPs, allowed to leave court when their paltry fines had not yet been paid.

The question I want to pose is whether the Attorney-General and the Police are part of the conspiracy in “Datuk T” trio’s gross abuse of process of court resulting in the inordinate 3-month delay in charging them in court so that so-called expert testimonies could be compiled and ready to be reported in court alleging that the person in the Carcosa sex tape was Anwar?

If so, both the AG and the IGP should explain why they had compromised the independence, professionalism and integrity of their offices to play the political games of “Datuk T” trio and their masters in UMNO?

  1. #1 by waterfrontcoolie on Friday, 24 June 2011 - 4:50 pm

    YB, as I have always felt, this is IT. In spite of so much wontanness being exposed, the power that be is still pretending that the whole nation can be blinded by sheer propaganda. Their programme over the past 30 years seem only to chgeat their own members who refused to accept that this is the 21st century with seamless flow of information. This I believe, they would also know? I am uncertain, having seen and witnessed what has been going on. Indeed through their own propaganda, they have come to believe it themselves, hence such behaviour. I also believe they have known the truth but is fighting a desperate last ditch skirmish before calling it a day.

  2. #2 by dagen on Friday, 24 June 2011 - 4:52 pm

    Ni dia proses pembersihan umno yg kami semua kenal.

    Nigerians launder money. Umno is better. Umno launders criminals. And the laundering process is actually quite advanced. It can be programed to either (1) clean a person of all criminal acts completely; or (2) dilute the criminal culpability of the person concerned.

    The one umnoputra now undergoing prolonged laundering procedure is toyo-the-indon.

  3. #3 by Cinapek on Friday, 24 June 2011 - 5:01 pm

    “..The question I want to pose is whether the Attorney-General and the Police are part of the conspiracy in “Datuk T” trio’s gross abuse of process of court ….”

    A resounding YES!!!

    And this case is deliberately timed to surface just before the GE so that BN can go to town with the claimed justification that the court has confirmed that the person in the video is AI during the election campaigning.

    PR get ready! Ge will be announced any day now.

  4. #4 by Jeffrey on Friday, 24 June 2011 - 5:10 pm

    Darmouth College Hanover – one of the smaller US Ivy leaque tertiary institutions, the one writing the report for it were reportedly Prof. Lorenzo Torresani who received an Outstanding Faculty Reviewer Award from the IEEE Computer Society Conference on Computer Vision and Pattern Recognition (CVPR) and Professor Hany Farid, Dartmouth’s Computer Scientist, supposedly a pioneer in the field of digital forensics, who confirmed on the photograph of accused John F. Kennedy assassin, Lee Harvey Oswald in a backyard setting holding a rifle in one hand and Marxist newspapers in the other, as authentic.

  5. #5 by Jeffrey on Friday, 24 June 2011 - 5:11 pm

    Of course its unfair, the Court process has been abused. These guys are very cunning: they use the criminal trial against the trio (where they merely get a slap on the wrist) in exchange for an opportunity to obliquely incriminate the Opposition defacto head before the wider Court of Public Opinion. Its also unfair because as the Trial concerns only the Trio charged – and not the opposition head- the latter has no opportunity to canvass his own experts to challenge Dartmout’s experts in the same forum!

  6. #6 by Jeffrey on Friday, 24 June 2011 - 5:13 pm

    Which is why the Opposition fell into the trap by clamouring for the trio to be charged for displaying pornography. This is exactly what they want – a public forum- to obliquely by way of broadside inflict political damage by US expert opinion. (Charge was delayed – as it would take time for Dartmouth to be commissioned and report on their forensics). Some time back I said in this blog the Opposition head should prepare & get his own forensic experts to show the video as not authentic. He would now have to do it anyway if he wants to rebut the US expert testimonies.

  7. #7 by yhsiew on Friday, 24 June 2011 - 5:25 pm

    ///The question I want to pose is whether the Attorney-General and the Police are part of the conspiracy in “Datuk T” trio’s gross abuse of process of court resulting in the inordinate 3-month delay in charging them in court so that so-called expert testimonies could be compiled and ready to be reported in court alleging that the person in the Carcosa sex tape was Anwar?///

    The AG and police did not need to wait for expert testimonies to be compiled before they could arrest the Trio. There must be something fishy why they waited for the testimonies!

  8. #8 by Cinapek on Friday, 24 June 2011 - 5:27 pm

    It just occurred to me. Now someone can show a video in public of him having sex with a celebrity (take your pick) look-alike.

    Then he can be asked to be charged in court for the minor offence of having shown porn in public, pleads guilty and have some US experts certify that the celebrity look alike is indeed her and giving her no chance to rebut the statement of fact.

    What a bunch of rubbish we have for a judicial system.

  9. #9 by rockdaboat on Friday, 24 June 2011 - 5:47 pm

    It does not matter who the real actor is, come the 13th election, we will still vote Pakatan.

  10. #10 by johnnyboy on Friday, 24 June 2011 - 6:34 pm

    A mere RM3,000 fine for showing porn in public. What a joke!!

    Let me put up a projector on Dataran Merdeka to show porn. RM 3K fine only mahh.

  11. #11 by voice2009 on Friday, 24 June 2011 - 6:58 pm

    The more we read about this case

    The more disgusting we may be

    Sure vote for opposition whoever it is as long as it is not BN


  12. #12 by DAP man on Friday, 24 June 2011 - 7:33 pm

    This is the only court in the world for such a charge, the prosecution need to send the tape to US experts when there is no need to determine its authenticity. Neither as there a need to mention who was in the tape.
    If this is not political then what is?

  13. #13 by HJ Angus on Friday, 24 June 2011 - 9:37 pm

    Let’s put this in some perspective of the gross abuse of the court not so much by the trio but by the authorities.
    So the government collected only RM5,500 in fines and they were released even before the fines were paid.
    How much did the PDRM spend to get the so-called experts testimony?
    Did the fines reflect the cost of this expert testimony which I guess would cost at least US$5000.

  14. #14 by wanderer on Friday, 24 June 2011 - 9:59 pm

    Datok T…the 3 immoralists, deranged low beings, found great satisfaction with their evil intent to humilate and stain DSAI reputation….obviously, they will not be able to carry out their revulsive act if consent were not given by the “Godfathers” of UMNO. Why did I believe most Muslims are Allah fearing fellas.

  15. #15 by rockdaboat on Friday, 24 June 2011 - 10:13 pm


    Ha ha ha, guess who is talking?
    Pui pui pui, I really want to throw up!

  16. #16 by monsterball on Friday, 24 June 2011 - 10:23 pm

    You sell sex video…caught .you are fined RM20,000.
    Ex Malacca Chief Minister..Tamy Chik showed sex movies to the whole world…..was fined RM1000 and he came out to say he did that out of morality and sacrifices to Malaysians.

    How to understand these kind of mentalities and behaviors?

  17. #17 by boh-liao on Friday, 24 June 2011 - 10:32 pm

    In schools all over 1M’sia on Monday: Teacher, teacher, what r 口交 n 性交 mentioned in newspapers? Demonstrate to us lah

  18. #18 by boh-liao on Saturday, 25 June 2011 - 12:03 am

    Some1 plans 2 screen a hardcore blue movie 2 1000 paying customers @ RM10 per head
    Advertise d show, collect d money, n pay a fine of RM3000 or RM5000, still worth it
    Keen 2 hv d hardcore blue movie franchise, any1? Make love, not war

  19. #19 by passerby on Saturday, 25 June 2011 - 12:17 am

    You called this court proceeding? It looks like a coffee shop talk to settle the issue with the AG paying for the coffee too!

    The whole proceeding is just a joke like the Atantuyas murderer case Just look at the 2 murderers of Atantuya, has anyone seen the faces of the murderers? No body know who they are or they have been hang until now.

  20. #20 by monsterball on Saturday, 25 June 2011 - 12:23 am

    Now I get it.
    He is saying he was punished by his party for being a rapist and why Anwar is not.
    Sex is sex.

    Anyway…we don’t care about Anwaer’s private sex life as long as he does not steal one ringgit from Malaysians.
    Can these idiots can this into their heads?
    He said he is doing all these for the sake of Malaysians.
    What Malaysians?
    Malaysian Chinese hates him like poison and PAS Muslims too.
    He dare not say he is doing this for Najib…which is the truth.

  21. #21 by Godfather on Saturday, 25 June 2011 - 1:08 am

    Sure, the Datuk T trio had impeccable records. One was charged with statutory rape, but the charges were dropped on the insistence of Mamakthir. One is a commission agent who tried to extort RM 20 million from a failed project, but failed. The last one was the treasurer of the impeccable pressure group Perkasa.

    When Mamak Shafee announced to the court that the video screening was his client’s first offence, I wonder if the audience sniggered. If I had been there, I would have puked.

  22. #22 by pulau_sibu on Saturday, 25 June 2011 - 5:23 am

    who are the two bogus professors at Dartmouth? are they real qualified experts, or they just got the money and signed a letter for the boleh police? one of the professors is an egyptian and another an italian…. with boleh politicians, mubarak and berlusconi made excellent drama.

  23. #23 by Bigjoe on Saturday, 25 June 2011 - 7:48 am

    99.9% face recognition match to Anwar actually does not mean much in reality. You can get 99.9% match by simply decreasing or selecting the number of points of matching.

    99.9% match is NOT the same as saying 99.9% probability its Anwar. Anyone that got an A in high school probability and statistic should know that i.e., 99.9% percentile is NOT 99.9% probability. The only way to gauge what the probability is to a reasonable accuracy is an audit of the system and processs used which is unlikely to be revealed.

    Those smug faces are high-school math failures.

  24. #24 by Jeffrey on Saturday, 25 June 2011 - 8:24 am

    The system and analysis for 99.9% is so far not revealed but only based on what the Datuk T’s lawyer said it said. We believe that which we like to believe and disbelieve that which we don’t like to believe. Is anyone really interested in the truth unaffected by political inclination and considerations? No doubt if professors at Dartmouth have otherwise verified that the sex video is fake, is it conceivable anyone opposed to the BN regime would question the professors’ credentials even before the exact contents of their report is known or understood? 99.9% unlikely!

  25. #25 by Jeffrey on Saturday, 25 June 2011 - 8:49 am

    Regardless of the issue of the merits or shortcomings of the Dartmouth College’s professors’ findings, what Kit said about abuse of court process is true. For one thing, the institution of the Courts & justice system is a legitimizing tool. In any society it’s supposedly a tool to legitimize findings of innocence or guilt. Imperfect as it may be it is the only available institution we know when there is contention as the truth. The way to get at the truth is the adversarial system: two sides clashing and in that process we supposedly separate the grain of truth from the chaff of falsehoods.

  26. #26 by Jeffrey on Saturday, 25 June 2011 - 8:55 am

    Here in Datuk T’s trial, Anwar was not the accused. He was therefore not in position to rebut much less call his own experts to engage against Dartmouth’s professors commissioned by Datuk T’s side. The adversarial element – necessary to winnow grain from chaff- and an important ingredient in the Court’s process to legitimize the truth is not present in Datuk T’s trial, and yet what happens in that court is used to (obliquely) and ‘belakang’ legitimize the accusations against Anwar.

    This is clearly crafty and unfair. But who is interested in fairness? They are not interested in convincing so much the non Malays than the PKR’s and PAS’s Malay supporters against Anwar.

    Their problem is they and the institutions have lost credibility to legitimise what is true or not true. If people were opposed to the ruling govt they just won’t believe what they don’t like to believe. They won’t believe it even if the S’pore govt which they normally praise were to confirm it! To convince them otherwise the person accused of sexual immorality must either voluntarily admit it or is otherwise is caught with pants down in the public for all to bear eye witness!

  27. #27 by wanderer on Saturday, 25 June 2011 - 9:44 am

    99.9 per cent these ‘magnificient T3’ immoral low lives lied…nothing unusual, products of the House of Whores…acting as pimps to their masters to bloat their wallets!

  28. #28 by HJ Angus on Saturday, 25 June 2011 - 10:44 am

    Did anyone notice the Star’s headline “It is Anwar” blazed on the whole of the front page?
    MCA also playing the KOTOR game.
    I think he has a case to sue them for defamation as the statement in court is just a claim of fact but was never really put to a trial to verify the experts’ claim through cross-examination. Lawyer’s opinion please…..

  29. #29 by Jeffrey on Saturday, 25 June 2011 - 11:08 am

    The Star’s “It is Anwar” in bold is worse than even NST’s “Video not doctored”. NST report said, ‘man in video “resembled” Anwar (Front page) whereas on page 4 of The Star, it said “Court interpreter read out section of the report stating that the ‘man looked looked like Anwar…When asked by the court i the three accused agreed with facts of the cse, all of them agreed…However Shazryl Eskay said that the US report did not say that the man look like Anwar but that it was Anwar”.

    So The Star based the big bold byline on front page to what Shazryl Eskay said of what the report said in correction of court interpreter?

  30. #30 by pulau_sibu on Saturday, 25 June 2011 - 12:00 pm

    what 99.99%? the two professors have to explain. are they using the name of their university for making this money? they may be close to losing their job.

    you can easily go and get a dozens more who can make a rebuttal on the 99.99%.

  31. #31 by bush on Saturday, 25 June 2011 - 12:32 pm

    To prove the conspiration and Pakatan to Win in the next GE.

    I think one of the datuk T must be captured and go through the primitive punishment to force them to confess all the evil drama that they have been doing to con the rakyat.

    Hope to see this HanTuah HERO from Malaysia to clear the air.

  32. #32 by Loh on Saturday, 25 June 2011 - 1:51 pm

    The trio were supposed to be under the protection of whistle-blower Act, according to Nasri Aziz, and now they are proven to be criminals. That is why the fine has to be the lowest, and the trio pleaded guilty. It shows how Malaysia rule by law. The government just plays with the law and gain political points.

    Of course the film does not have to be doctored. Only the actors needed proper makeup to portray whoever they choose.

    Now X-rated movie is shown in court, not to decide on the case as the trio had pleaded guilty before that, but to satisfy the curiosity of the judge who ordered the screening. I suppose the judge now can pronounce who he thinks the actor is, and that could be the court decision!

  33. #33 by best4rakyat on Saturday, 25 June 2011 - 4:19 pm

    Would have invited our “BAR” to join in protest for an additional appeal under ‘judiciary’ at the coming rally?
    Lawyers know would be better to justify what standard we practise here!

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