Trained as a medical doctor and skilled in politics, there is no doubt that he is an intelligent man. But events in Malaysia may help explain Mahathir’s ridiculous rants.After developing a dislike for the policies of Anwar Ibrahim, the man he was grooming to take over as PM, Mahathir fabricated charges of sodomy in 1998 and had Anwar imprisoned.
The Fixer and Evidence Fabricator
Judge part of conspiracy to frame Anwar
Did the conspiracy to frame Anwar Ibrahim on trumped-up charges extend higher than the Attorney-General and Public Prosecutors? Did it also involve the Trial Judge as well?
If, in the beginning, these were just suspicions, today, we can safely say that the Trial Judge was certainly part of the conspiracy, maybe even the most important component in that gang of slime balls.
What was revealed via Anwar Ibrahim’s latest Affidavit filed in the Federal Court on Friday, 14 March 2003, is most interesting. This Affidavit contains copies of three letters that a prominent lawyer,Manjeet Singh Dhillon, wrote – one addressed to the recently-retired Chief Justice.
If – and I repeat “IF” – up to now the claim that Anwar Ibrahim is a victim of a frame-up was but a mere allegation, this new Affidavit and its three attachments now prove it beyond any shadow of doubt.
Little wonder the court panicked and decided to postpone Anwar’s Judicial Review scheduled for yesterday. Officially, they need more time to “find two more judges”. Word from our contacts in court, however, is they need more time to study this Affidavit.
The truth is, they probably need more time to confer with the Acting Prime Minister, Abdullah Ahmad Badawi, or look for Dr Mahathir Mahathir Mohamad who is holidaying somewhere around the world to obtain further instructions on how to conduct a “damage control” exercise.
Those who know how the corrupt Malaysian judiciary works (the best money can buy) say this new and most damaging piece of evidence is not going to change anything. They have already written the judgment before even sitting down to hear the case.
This may be so as far as the legal aspects of the case is concerned. But it is not so easy as far as the “political fallout” is concerned. In the end, the powers-that-be will still have to face the voters come next election and the “court of public opinion” might not concur with how the court rules.
Remember, in an open hearing, the public is allowed to witness the proceedings and, for sure, what transpires will be widely reported all over the world.
However, there are a few things they can do to “soften” the blow:
1) Refuse to allow this new Affidavit to be admitted into the hearing. Therefore no one will know about it.
2) Hold the Judicial Review the day the US attacks Iraq. Then the whole world’s focus will be on the US-Iraq war and no one will pay attention to the Anwar trial.
3) Hold the Judicial Review for just five minutes, say that the court has considered the application for a Judicial Review and has found that there are no grounds for one, and then adjourn without further discussion.
The betting counter is now open. Which plan do you think they will adopt?
“It has been brought to my knowledge that, on the 26th of February 2003, one of my counsels, ZainurZakaria, faxed copies of letters he received from Manjeet Singh Dhillon to Christopher Fernando (another of Anwar’s counsels),” said Anwar in his 14 March 2003 Affidavit.
“The letter sent to Zainur Zakaria contained an enclosure which is a letter written by Manjeet SinghDhillon to the Chief Justice (the recently retired one) where Manjeet Singh Dhillon made a formal complaint against Justice Augustine Paul (the trial judge) for improper conduct in the Zainur Zakariacase which occurred during my trial.”
“These two letters were faxed to Fernando as he is my lead counsel in my upcoming appeal (the second, sodomy, conviction) before the Court of Appeal beginning on the 24th of March, 2003, and obviously also because what is stated in those letters affect me and the trial process I was subjected to.”
“This evidence was not available to me during my trial and this evidence is relevant to my case. Such evidence is credible and believable coming from a witness who is a senior and respected Advocate and Solicitor and a former Chairman of the Bar Council. Last but not least, this evidence would have had a decidedly important influence on the outcome of my case.”
Anwar then relates what transpired that would make this incident crucial to his case:
“Manjeet Singh Dhillon was requested by Tan Sri Mohtar Abdullah (the Attorney-General then who has been in a comma since the last few months) to see him before proceedings for the proposed contempt proceedings against himself and Zainur Zakaria began that morning.”
“The request was made through Manjeet’s counsel, Jagjeet Singh.”
“Manjeet reluctantly agreed and met with Tan Sri Mohtar Abdullah. They met at the anteroom at the courthouse in the presence of Datuk Abdul Gani Patail (the Public Prosecutor), Datuk Azhar Mohamad (another of the Prosecutors), and Jagjeet Singh.”
“Upon seeing Manjeet, Tan Sri Mohtar went up and hugged him and turned around and told Abdul GaniandAzhar that Manjeet was an altruist and apologized to Manjeet for not having done anything on his letter in which he had leveled accusations against the two Prosecutors.”
“Tan Sri Mohtar added that he had not as yet taken this matter up with his officers.”
“Manjeet responded by reminding Tan Sri Mohtar that he had made very serious allegations against his officers and had written to him expecting something to be done but that nothing had been done.”
This letter that they are talking about is the complaint Manjeet sent Tan Sri Mohtar regarding AbdulGani andAzhar attempting to extort fabricated evidence from his (Manjeet’s) client Datuk NallaKaruppan to be used against Anwar in exchange for Nalla’s life.
“Tan Sri Mohtar did not deny or refute Manjeet’s allegations against his officers and both Abdul Ganiand Azharremained silent.”
Though faced with the prospect of a death sentence if he does not “cooperate”, in September 1998, DatukNalla Karuppan made a signed statement denying that Anwar was involved in any sexual improprieties.
During the course of Anwar’s trial, Manjeet and Zainur brought this matter to the attention of the court. However, instead of acting on the information, the judge, Augustine Paul, asked the two lawyers to withdraw the allegation and apologise or else he would hold them in contempt.
When Zainur refused to do so, this angered the judge and, in a move that shocked the entire legal fraternity, he cited Zainur for contempt and sentenced him to three months jail; a most unusual and perplexing move indeed.
“This unusual attitude of the trial court had effectively deprived me of the opportunity of exposing an evil plot against me to secure my conviction by devious means, perpetrated by none other than the two main prosecutors in my case, one of whom is now the Attorney General,” argued Anwar.
Zainur Zakaria subsequently appealed against his contempt conviction and three-month sentence and the Federal Court acquitted him on grounds that there was indeed an attempt to fabricate evidence against Anwar and that Zainur was right in bringing it up.
The question now one needs to ask is, if Zainur was right in bringing this matter up as it was true, how would this affect Anwar’s guilty verdict which, therefore, was obtained based on fabricated evidence?
South Asia has been one of the world’s success stories in terms of rapid economic growth. With India leading the way, South Asia’s poverty rate has fallen from 60 percent in 1981 to 40 percent in 2005. However, during the same period, the number of poor people — those living on less than $1.25 per day — actually increased from 549 million to 595 million over the same period. What’s more, social indicators such as gender parity, secondary education enrollment, and health have not improved in line with growth.
So how do we account for this apparent paradox? Conventional wisdom suggests that growth is sufficient for poverty reduction and social progress, but is this the case in South Asia? Perhaps not, says Ejaz Ghani, Economic Advisor in the World Bank’s South Asian region and author of The South Asian Development Paradox: Can Social Outcomes Keep Pace With Growth, the most recent in the Economic Premise research series.
“The paradox of South Asia is that growth has been instrumental in reducing poverty rates, but poverty rates have not fallen enough to reduce the total number of poor people,” explains Ghani. And as the total number of poor people expands, he is quick to warn, “Human development, particularly education and health, has not kept pace with income growth. And growth has not been gender inclusive.”
Resolving this paradox is crucial since South Asia has more poor people than Africa. In fact, the geography of poverty means that more than 70% of the world’s poor live not in low-income countries, but in middle-income countries — a concentration pattern that is likely to continue into the next decade.
we have political leaders swearing blind that corruption is evil. They, by any standard, even if you want to be charitable, cannot in all honesty be described as morally upright where corruption is concerned.
The same applies to corrupt civil servants: They would dearly love you to believe that they are all valiant corruption fighters.
So, it seems logical to ask why do we rate so poorly in the Transparency International Corruption Perceptions Index, year in and year out? Corruption is not just about money changing hands. That is common bribery. Corruption is about abusing entrusted power for private gain.
The latest to join the serried ranks of the country’s star-studded corruption fighters’ gallery is Daim Zainuddin, who, in my humble view, is the last person to lecture us about probity and rectitude.
Abdullah Ahmad Badawi, with his oversized baggage of religious credentials and other feel-good paraphernalia, had me fooled completely and the experience was all the more unpalatably galling because I genuinely like him as a person.
Whether he likes me or not, I dare not say. His intentions were I am sure very good, but then as we all know, the road to hell and moral damnation is paved with good intentions.
One lesson we should never ever forget is that politicians as a breed are pathological liars. There are naturally one or two who are reliable and decent.
But seriously, you would probably be better off trusting a cat with a plate of fried fish. Opposition politicians are no exception to this universal truth. So keep an eagle eye on them too, including me, just to be on the safe side.
They cannot abuse power because for now they have no power to abuse. Many will find the temptation irresistible. Name me one honest politician; I will name you 10 wayward Yang Berhormat, together with a clutch of even more crooked Yang Amat Berhormat.
Malaysia cannot achieve wholesome, ethical developed nation status by 2020 or 2099 if Barisan Nasionalpolitics remains stuck in the same groove of careless indifference to basic values and value systems that Malaysia desperate lacks and needs.
Knuckle down to basics and the rest will fall in place. At present the transformation plans sound like so much noise and nothing more because it is inconceivable that they will ever be carried out in a prudent and accountable and sustainable way for the benefit of the long-suffering people of Malaysia.
Discerning Malaysians are not blind to the fact that all the public money being so generously doled out on a daily basis in Sarawak and Selangor is nothing less than advance vote buying.
Money cannot buy the nation’s burning desire for change and change there will be. Try another tack, and save the country from bankruptcy
MUHYIDDIN SWEARS AS TRUE UNDER OATH THAT HIS SLEEPING SEX PARTNER UMI HAFILDA WAS ONLY TELLING THE TRUTH.
Asked, however, on the likes of Umi Hafilda Ali, the witness in Anwar’s first sodomy trial, who along with several other former PKR members have in the past week been zigzagging Sarawak campaigning and delivering speeches in crude language, Muhyiddin said that she was only telling the truth.
“She could be telling the truth, but for those who have not heard it is rather unusual. For those in the peninsula it is quite usual, although some still don’t know about it. She is talking about her experience with Anwar and (Umi Hafilda’s brother and PKR deputy president) Azmin (Ali), so voters can make the right judgment about PKR leaders ,” he said.
However, he said, Umi Hafilda is not an official BN campaigner and had come on her own accord.
BN never buys votes
He also said that it is not a stretch to expect the opposition to fly in members of the youth wings from PAS and PKR to create trouble on polling day, especially for constituencies where the opposition is not confident of winning.
Muhyiddin also denied all allegations of vote-buying by Sarawak PKR chief Baru Bian who claims that votes are being bought for several thousand ringgit per voter in Ba’Kelalan, saying that the BN has always stuck to the rules.
Today, saw the return of a long lost daughter of Malaysia. A new super heroine is born.
What happened to you, and where were you all these years? Out of nowhere, you returned again to enthrall the nation with your wit. Single-handedly, you brought hope back to our BN government, and you also brought the joy and laughter back to us sober Malaysians. We missed you so much. Our country has never been the same after you left. Caught in the evil clutches of Pakatan Rakyat, our country is slowly being run to the ground.
But since your return, you’ve made the headlines again; fame has followed you, and hopefully fortune will too!!
Already on the lips of everyone, you have been called the saviour of the nation; while there are others who named you the Second Messiah.
Your message to everyone to piss on Anwar was incredible.
Kinky fans of yours salivate at the thought of Anwar lying on the ground and you squatted squarely over his face, while a fountain of whisky-colored liquid comes pouring forth. As Anwar screams, how therapeutic for the BN and how lady-like of you – our heroine - to share this secret formula of yours with the rest of the nation.
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“She could be telling the truth, but for those who have not heard it is rather unusual. For those in the peninsula it is quite usual, although some still don’t know about it. She is talking about her experience with Anwar and (Umi Hafilda’s brother and PKR deputy president) Azmin (Ali), so voters can make the right judgment about PKR leaders ,” he said.
However, he said, Umi Hafilda is not an official BN campaigner and had come on her own accord.
However, he said, Umi Hafilda is not an official BN campaigner and had come on her own accord.
BN never buys votes
He also said that it is not a stretch to expect the opposition to fly in members of the youth wings from PAS and PKR to create trouble on polling day, especially for constituencies where the opposition is not confident of winning.
Muhyiddin also denied all allegations of vote-buying by Sarawak PKR chief Baru Bian who claims that votes are being bought for several thousand ringgit per voter in Ba’Kelalan, saying that the BN has always stuck to the rules.
“Biasalah you(That’s typical of you to ask that), I think people here won’t buy these kinds of allegations. The BN has never done so, and I don’t know if the opposition is doing so out of desperation, although I’m not accusing anyone. We never break the rules,” he said.
Another incident to make Malaysia a “laughing stock”
a religious teacher, just before he died, wrote an open letter to the Harakah detailing the reasons he had disowned her and, in no uncertain terms, implicated her as the prime mover behind Azizan.“Ummi’s father died broken-hearted without ever forgiving his daughter for the role she played in framing Anwar of sodomy charges,” related Fernando.
Fernando had earlier read out Azmin Ali’s (Ummi’s brother) testimony in court that proved she played an active role in the whole conspiracy.
The prosecution never called her to testify in court to rebut this allegation, added Fernando. Instead they expected the defence to call her. The judge, in fact, even mentioned this point in his written judgment. “But Ummi would have been a hostile witness so it should have been up to the prosecution and not the defence to call her,” argued Fernando.Fernando said that the court should have invoked Section 114 (g) of the Evidence Act on the prosecution for failing to call a most crucial witness to testify in court.
Fernando then took the court through the testimony of Raja Kamaruddin Raja Wahid, a.k.a Raja Komando, who had, in fine detail, revealed how the conspiracy against Anwar originally unfolded and the role he was given in this whole conspiracy.
“The evidence of this witness will show he was invited to join the conspiracy with a view to topple the Deputy Prime Minister,” said Fernando.
“The meeting was held in the office of Aziz Samsuddin, the Prime Minister’s Political Secretary, on 26 June 1998.”
In the meeting, revealed Fernando, Aziz confirmed that Ummi and Azizan would pose no problem as “Ummi is a prostitute”.Raja Komando then asked Aziz whether there was any other way to bring Anwar down.According to Raja Komando, “Aziz replied sodomy would be the best way. Other ways would have no affect.”“Raja Komando’s role was to manage the political assassination part of the exercise,” added Fernando. “The sodomy allegation was assigned to Ummi and Azizan.”
“Raja Komando was to disseminate the allegation as far and wide as possible. He was also to spread word that Anwar is a CIA agent.”From what Fernando told the court today, it was clearly established in the meeting Raja Komando had with Aziz Samsuddin that he (Aziz) was the Chief Conspirator and that, while Ummi had written the purported “Azizan” letter to the Prime Minister accusing Anwar of sodomy, Aziz was the one who had edited and redrafted it.
The letter, Fernando said, was based on the book “50 Reasons Why Anwar Cannot be PM” – which somehow found its way into the attaché bags of almost 2,000 delegates at the Umno General Assembly that year.“The judge did not give this evidence the weight it deserved,” argued Fernando. “He erred, grossly.”“If he had given the evidence the weight it deserved, would he have arrived at the judgment he did?”And what about the tragedies befalling the rest of the gang of conspirators? Remember what happened to Aziz Samsuddin, Dr Ristina Majid, Megat Junid, Mohtar Abdullah, Ummi Hafilda Ali, Azizan Abu Bakar, Hamzah Zainuddin, Rahim Thamby Chik, Daim Zainuddin, etc.?
The only two remaining yet to hit the dirt are the AG and the IGP. These two are still awaiting judgment on earth. And when it comes it will come hard and brutal. So stay tuned to see how the remaining scumbags find their faces hitting the shit in time to come
Sex and RM100 million – could anyone ask for more!
The 44-year old sister of one of Anwar’s staunchest assistants Azmin Ali has been going around the nation badmouthing the Opposition Leader, her own brother, sister-in-law and niece.
Yet Umi sees nothing wrong in slapping a suit on her ex-business partner when he threatened to do the same to her – which is to tour the country and wash her dirty linen.
Datuk Najib Altantuya and Nor Azman tell-all would be a sell-out tour
If both were to set up stall at side-by-side venues, few Malaysians have any doubts that the crowds would throng Nor Azman’s “ceramah” rather than hers.
After all, he can be counted to talk about how it was like to sleep with her in 1998 when she was just 31 years old, while she can only hope to draw fresh laughter with her protestations of virginity.
Nor Azman is also bound to rehash what he told the court in 2001 that Umi had offered to give his ex-wife RM200,000 so that Umi and him could get married and elope to London. Nor Azman was not only married but also had two children at that time.
Umi has previously denied Nor Azman’s allegations, which also included a RM10 million advertising deal from a Tourism ministry unit.
She is once again denying his allegations and is seeking an injunction to stop him and Malaysiakini from repeating or publishing further ‘defamatory’ statements about her.
“Baginda is merely a tool used by Anwar to defame me,” she told reporters on Thursday.
She also denied she was taking legal action because she was afraid Nor Azman would smear her with his proposedceramah tour.
Coincidentally, PKR is finalising a D.N.A or Datuk Najib Altantuya tour and there has been talk about combining it with the Nor Azman tell-all.
Fears have run high in the Umno camp that with such a star-studded lineup led by the PM himself, his alleged but murdered ex-mistress Altantuya, his current and overly ambitious wife Rosmah Mansor, a still-virile Nor Azman and a still pretty Umi, the PKR ceramah might become too popular and lift Anwar off onto a new wave of mass popularity.
Meanwhile, in her 18-page statement, Umi claims Nor Azman and Malaysiakini’s March 15,2010 article implied:
- that she was a desperate businesswoman who wanted more business opportunities
- an immoral woman
- a woman with many scandals
- a lady who practises pre-marital sex
- a person who cannot be trusted
- a woman who is not truthful
- a cheap woman who could be paid to do anything
- a liar
- a person who is willing to lie in court
- was a person responsible in bringing allegedly present victim Mohd Saiful Bukhari Azlan in the present sodomy case.
Ummi confesses to being the architectthe Anwar sodomy allegation; a purely fabricated charge
During the earlier trial, it was revealed that the Special Branch tried to convince Anwar to “take action” but that Anwar refused, until pressed further by the Director who said it was “for the sake of national security” before Anwar agreed that action be taken.
In a new twist to the Anwar Saga, it was revealed that Ummi Hafilda Ali was the architect behind the accusation that Anwar had sodomised Azizan Abu Bakar. And, for this, she was disowned by her father just months before he died of a broken heart.
During the earlier trial, it was revealed that the Special Branch tried to convince Anwar to “take action” but that Anwar refused, until pressed further by the Director who said it was “for the sake of national security” before Anwar agreed that action be taken.
In a new twist to the Anwar Saga, it was revealed that Ummi Hafilda Ali was the architect behind the accusation that Anwar had sodomised Azizan Abu Bakar. And, for this, she was disowned by her father just months before he died of a broken heart.
Christopher Fernando told the Kuala Lumpur Appeal Court that Said Awang, the Director of the Special Branch, went to meet Azmin Ali, Ummi’s brother, who was then Anwar’s Chief Private Secretary, to solicit his (Azmin’s) assistance to persuade Ummi to retract the allegation that Anwar had sodomised Azizan.
What is most interesting by this revelation is that:
1. Said Awang went to meet Azmin BEFORE he met Anwar. Therefore, the allegation that Anwar had abused his position by summoning the Special Branch, and that he asked them to force Ummi and Azizan to withdraw the sodomy allegation, is a fallacy. In fact, it was not Anwar who summoned Said Awang to see him, but the Special Branch Director who took the initiative to meet Anwar.
2. The idea to persuade Ummi and Azizan to retract the sodomy allegation came from the Special Branch and not Anwar. During the earlier trial, it was revealed that the Special Branch tried to convince Anwar to “take action” but that Anwar refused, until pressed further by the Director who said it was “for the sake of national security” before Anwar agreed that action be taken.
3. The Special Branch was fully aware that it was Ummi who was behind the sodomy allegation and that Azizan was merely the instrument to the whole thing. That was why they wanted Azmin, her brother, to try to persuade Ummi to retract the allegation.
This sheds light on the previous day’s proceedings where Fernando revealed that Azizan testified three times, under oath, that Anwar never sodomised him – an admission that took even the trial judge aback.
Fernando related how Said went to meet Azmin to request a meeting with Anwar Ibrahim. In the meeting with Azmin, Said asked him whether Ummi is his sister and Azmin confirmed so.
Said Awang then asked Azmin whether he was able to persuade his sister to withdraw the sodomy allegation against Anwar but Azmin replied that would be impossible as he no longer talked to his sister since the allegation surfaced.
The Special Branch was aware that Ummi was behind the accusation and was, in fact, the plotter of the whole thing. And, the period when this discussion with Azmin was going on, the Special Branch had not met Anwar yet.
Azmin then called the family together to discuss the issue. In all, three meetings were held that included Ummi herself.
Ummi at first denied she had written the letter to the Prime Minister accusing Anwar of sodomy. Azmin then advised his sister to steer clear of the conspiracy, and that was when she admitted this would be impossible to do as she had been promised money and contracts for her role and, in fact, money had already changed hands.
Ummi later confessed to her father her involvement in the conspiracy and that it was actually she who had written the letter to the Prime Minister. The father, a religious teacher, then disowned her and, soon after, died of a broken heart, never forgiving his daughter for what she had done.
A defence witness in the sodomy trial of jailed former deputy prime minister Anwar Ibrahim told the High Court today that he had sex with star prosecution witness Ummi Hafilda Ali.
“I had sex with Ummi in London,” said Norazman Abdullah @ Baginda anak Minda to the murmurs of those seated in the public gallery.
The 40-year-old Iban told judge Arifin Jaka that he had known Ummi since 1992 but their relationship only became close when they were in London in June 1998, together with businessman and former MP S’ng Chee Hua (who was Norazman’s boss then) and another friend.
“When we returned to Malaysia, Ummi told me that she would give my ex-wife RM200,000 so that we (Ummi and I) could get married and elope to London,” Norazman said, adding that he was then married with two children.
“Ummi also told me that I would have a 25 percent share in a RM10 million advertising project,” he added.
Ummi, who made court appearances during Anwar’s corruption trial last year in designer attire and matching accessories, had told the press that she “is still a virgin”.
She, together with former driver of Anwar’s wife, Azizan Abu Bakar, wrote letters to Prime Minister Mahathir Mohamad alleging Anwar had committed sexual misconduct.
They later retracted their allegations and said they wrote the letters under coercion and on “mere suspicion”.
“In the beginning, Ummi told me that the sodomy allegations against Anwar were true. But later, after our relationship became closer, she confessed that they were all fabricated,” Norazman said.
He also told the court this morning that Ummi told him she “forced” Azizan to confess that he was sodomised by Anwar.
“Ummi told me that she did it because she hated Anwar and her brother Azmin Ali as they both did not give her any business projects.
“She also said that when Anwar was toppled from power, she will get an advertising project at Kuala Lumpur International Airport worth RM10 million from Tun Daim Zainuddin (business tycoon turned finance minister),” Norazman said.
He, however, added that he did not ask Ummi how she forced Azizan to make the confession.
Norazman, who is now a farmer, also told the court that while they were in London, Ummi had told him that Mahathir was the man behind the “50 Dalil: Mengapa Anwar Tidak Boleh Jadi Perdana Menteri” (“50 Reasons Why Anwar Cannot Become Prime Minister”) book.
“She also told me that Daim, (former Malacca chief minister) Rahim Tamby Chik and (Umno executive secretary) Tengku Adnan Mansor were involved in the fabrication of the sodomy charges in the book,” he said, in response to a question from defence counsel Gurbachan Singh.
According to Norazman, Ummi also told him that Khaled Jeffri was the writer of the book while (former finance minister) Tengku Razaleigh Hamzah, Daim and Tengku Adnan were the sponsors.
He added that Ummi called him one night in August 1998, and said that her father had disowned her because she had given false information for the contents of the book.
“Ummi called one night and said that she could not sleep and wanted to meet me as her father had chased her out of the house,” he said.
Ummi’s brother Azmin Ali, who was also Anwar’s former private secretary and now state assemblyman for Hulu Klang, had testified earlier that Ummi is not the person she portrays herself to be and was disowned by her father in late 1998 “for running away with a married man overseas.” (“[#1]Ummi eloped with a married man, says Azmin[/#]“, April 7.)
Norazman also told the court that Ummi told him that she had written a letter to Mahathir but the contents (of the letter) were later amended by Aziz Shamsuddin, who was then the political secretary to the Prime Minister.
Meanwhile, the prosecution refused to cross-examine the witness, saying that his evidence was merely hearsay.
Lead prosecutor Abdul Gani Patail told the judge: “Unless and if Ummi is called to testify, this evidence is all useless.”
The court will resume on Friday as Anwar’s lawyers said that the rest of their witnesses, including Daim, deputy education minister Aziz, former consumer affairs minister Megat Junid Megat Ayob and his wife Ziela Jalil would only be called in if Mahathir was allowed to testify in the trial.
Arifin yesterday said that he would announce his decision on the application for Mahathir’s testimony in court on Friday. The defence and prosecution had argued over the relevance of the prime minister’s evidence for more than three weeks.
Anwar, currently serving a six-year jail term for corruption, is on trial for sodomy and sexual misconduct.
He and his adopted brother Sukma Dermawan are charged with sodomising Azizan at Sukma’s apartment on “one night at 7.45pm, between January and March, 1993″.
Anwar has repeatedly denied all charges and said they were fabricated by political rivals to end his political career.
It was clear, from the testimony in court, that Azizan’s letter to the Prime Minister had been written by Ummi. Ummi had confessed to this. Azizan, in turn, during the course of the trial, admitted that Anwar did not sodomise him.
However, when the defence tried to bring up this very crucial bit of evidence during the trial, the trial judge disallowed it. The judge refused to allow the letter to be admitted as evidence or to allow Ummi to be called to court to testify.
Ummi’s role in this whole thing was clear and indisputable. The fact the sodomy accusation against Anwar was false was apparent. Just before he died, Ummi’s father wrote an open letter to Harakah, an opposition newspaper, explaining the whole matter and, in no uncertain terms, accused his daughter of involvement in the conspiracy to frame Anwar and of being the person who wrote the letter to the Prime Minister.
Had the judge allowed this crucial bit of evidence to be admitted, argued Fernando, it would have changed the entire complexion of the case and the judge would have been hard-pressed to find Anwar guilty.
Attempt after attempt was made to frame Anwar of sexual misconduct charges; and Pak Lah is involved too
“There was an evil plot to secure a conviction through devious means,” said Christopher Fernando on the second day of Anwar’s appeal hearing in the Kuala Lumpur Appeal Court.
Fernando then told the court that attempt after attempt was made to frame Anwar on sexual misconduct charges.
One such case was Dr. Munawar Ahmad Anees, then one of Anwar’s speech writers, who was arrested and subjected to physical and mental torture to force him to admit he had a homosexual relationship with Anwar.
Fernando then took the court through the lengthy Affidavit signed by Dr Munawar on 7 November 1998 that detailed the experience he went through at the hands of the Malaysian police.
The torture he endured finally broke him and he admitted to the ‘crime’, which he later retracted in his Affidavit.
Fernando then brought the court’s attention back to the Manjeet Singh Dhillon matter that was raised in court yesterday to emphasis his point of yet another attempt to frame Anwar.
At this point, Fernando called upon the court to recommend a Royal Commission of Inquiry be established to investigate Manjit Singh Dhillon’s serious allegation against Abdul Gani Patail and Azhar Mohamad as this is a most serious matter affecting the administration of justice and the rule of law.
“If they are found not to be involved in extorting fabricated evidence, then their names will be cleared,” said Fernando. “It will be to their benefit.”
“If they are involved, then they ought to be brought to justice. That is the only way to resolve this pressing problem and to restore public confidence.”
Clearly there was a concerted effort to frame Anwar. But these attempts were not confined to Malaysia. It also extended to the shores of the US as well, argued Fernando. One case in point was an incident involving Jamal Abder Rahman.
“We are trying to show a pattern, how witnesses were approached to give fabricated evidence and these efforts extended beyond the shores of Malaysia to the US,” said Fernando.
Jamal is an American citizen of Arab descent who operates a limousine service in Washington DC and had a contract to provide limousine services to the Malaysian Embassy in Washington.
In September 1998, soon after Anwar’s dismissal and subsequent arrest, a Malaysian Diplomat, Mustapha Ong, asked Jamal to declare that he had procured women and young boys for Anwar.
“A witness who constantly changes his stand means he is lying,” argued Karpal. “And yet the judge declared that Azizan’s testimony is ‘as strong as the Rock of Gibraltar’.”
THE CORRIDORS OF POWER
Raja Petra Kamarudin
“The prosecution not only wanted their pound of flesh, it also wanted a pint of blood”
Karpal Singh continued where he left off on Wednesday, 26 March 2003, by emphasising that Section 402A of the Criminal Procedure Code is mandatory and there is absolutely no discretion in the matter.
The Kuala Lumpur Appeal Court was told that the date on the charge against Anwar was amended twice; from ‘May 1994’, to ‘May 1992’, then to ‘one day from1 January 1993 to 31 March 1993’. The defence had asked for a postponement to allow it time to file its notice of alibi but the court did not grant this ten-day grace that it should have under the law.
“This violated Article 5(1) of the Constitution,” argued Karpal. “Dato Seri Anwar was deprived of his right under the law.”
Karpal said the trial judge had acted prejudicial and irredeemable and he ought not to have sanctioned the prosecution of Anwar.
Karpal then asked the court to consider setting aside the judgement against Anwar.
On the credibility of the prosecution’s star witness, Azizan Abu Bakar, Karpal said Azizan gave five conflicting statements at different points of time.
Azizan’s statement was recorded under Section 112 of the Criminal Procedure Code and, under this section of the code, a person whose statement is being recorded:
1. Must answer all questions posed to him. (He/she cannot refuse to answer any question).
2. Must tell the truth. (He/she cannot lie).
3. Anything he/she says can be used against him/her. (Including cited for perjury if he/she lies).
Azizan, who had his statement recorded over five different dates from August 1997 until June 1999, however, kept changing his stand.
“A witness who constantly changes his stand means he is lying,” argued Karpal. “And yet the judge declared that Azizan’s testimony is ‘as strong as the Rock of Gibraltar’.”
“Far from it!” said Karpal.
“The duty of the prosecutor is not to obtain a conviction but to administer justice.”
“The role of the prosecutor should exclude the notion of winning or losing.”
Karpal said that since Azizan made five conflicting statements at different points of time, this “made an improbability of what actually happened.”
As for the fact that Anwar was charged in 1999 for an event that was alleged to have happened in 1993, the six years delay would have reduced his opportunity of preparing a proper defence.
“Memories fail with time erasing the ability to recollect happenings six years ago,” said Karpal. “A fair trial could not be achieved with such a long time lapse.”
“Under section 402A, Dato Seri Anwar’s trial should never have taken place. This is a serious miscarriage of justice.”
“Your Lordships are bound to rule that Section 402A has been infringed.”
The Bench and Karpal then engaged in a debate as to the notice of alibi which, according to the Bench, is to the benefit of the prosecution.
Karpal argued that it did not matter as to whose benefit the notice of alibi may be. It is something mandatory and not something the judge could use his discretion to rule. The defence had made a request for a postponement but the trail judge denied the request.
“The judge did not do his duty. He should have stopped the trial and all the evidence should have been ruled inadmissible.”
Karpal then related how the defence had applied for a postponement to allow the investigating officer to investigate Anwar’s alibi. The Attorney-General then, Tan Sri Mohtar Abdullah, stood up to say he had no objections to the postponement.
“However, after lunch, the AG turned turtle and raised an objection.”
Even the judge had declared that the police should investigate the alibi. “Then, later, he turned round and said that it is their choice, that it was their discretion if they choose to do so.
“The judge said that it was the prosecution’s own funeral if they do not challenge the defence’s alibi.”
Karpal then told the court that the judge had stated that corroboration is necessary. He then turned around and said he was prepared to accept Azizan’s testimony without corroboration though Azizan was an unreliable testimony who perjured himself many times.
“Corroboration is necessary. But, if a witness is unreliable, then, even if his testimony is corroborated, it still cannot be accepted and should be rejected.”
Karpal then took the court through Azizan’s close proximity (khalwat) case in the Alor Gajah Syariah Court. Because of this case, Azizan’s credibility as a witness had been destroyed.
Azizan said he had revealed the alleged sodomy incident because of his “duty and honour as a Muslim.”
Karpal said the defence then requested to recall Azizan as a witness to reassess his credibility. The judge, however, would not allow it.
“You can put a label of a thoroughbred on a horse,” said Karpal. “But a donkey is still a donkey.”
“The judge was not only scraping the bottom of the barrel. He was scraping the outer bottom of the barrel.”
The investigation officer had testified that Azizan’s testimony had no contradictions. “Then why amend the date on the charge?” asked Karpal.
“Was the judge judicially honest in arriving at the decision that Azizan is a reliable witness who did not perjure himself?”
Karpal then said that medical evidence is prime evidence. “Why was Azizan not sent for a medical examination? This could have corroborated Azizan’s testimony.”
“The investigation officer admitted that there was still time to send Azizan for a medical examination.”
“The judge swallowed the evidence hook line and sinker.”
“Allegations of sodomy can easily be made but are very difficult to prove. The evidence therefore must be very convincing.”
In any trial, there is the prosecution’s case and the defence’s case. But Dato Seri Anwar was denied his constitutional right to a proper defence. Anwar, therefore, had only half a trial – which means he had no trial.
Karpal then asked the court to allow Anwar’s appeal and set aside the conviction.
“Anwar’s prosecution, in fact, ought not to have commenced right from the word go. No man properly trained in the law would have done what the AG (then) had done.”
“The prosecution not only wanted their pound of flesh. It also wanted a pint of blood.”
“Azizan’s evidence has turned to stardust.
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