Wednesday, January 25, 2012

Why appeal when Annuar should not even be charged in the first Place.

Annuar was charged under section 377A which states that 'Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to whipping". He was charged to have carnal intercourse with Saiful ,the complainant. But should the complainant be exempted from the charge when he was also a party to the commission of the crime under Section 377A? Of course not. Section 377A specifically states that ' whoever voluntarily commits carnal intercourse' Indeed it can be construed that Saiful had consensual sex with Annuar if indeed the act took place. It defintely cannot be construed as rape because Annuar was not charged with rape nor did Saiful allude to any act by Annuar which involved force.

Therefore why was Saiful not charged with the similar offence as Annuar?The fact that he was the complainant does not exempt Saiful from being charged under the section 377A. The only recourse to exemption by Saiful is to file a complaint that he was forcefully retained to perform the unnatural act under section 377A. Had Saiful resort to such a claim ,the complaint would ncertainly be unsustainable. Saiful's physic and size would make it umimaginable for Annuar to forcefully perform any act not compliant with Saiful.

The appeal by the A-G can only elicit one outcome. Annuar will be found guilty either in the Court of Appeal or the Federal court. The whole process of charging and convicting Annuar was already orchestrated the moment when Saiful had a clandestine meeting with Najib under the guise of discussing his scholastic future. Annuar's case is in direct contrast with Razak Baginda's case where it was already ordained by the executive that Razak would be acquitted without even his defence being called.

Contrast both cases and you will have a fair idea why our judiciary and the Attorney -General  chamber cannot , for the moment be a transparent and independent instituition. Not when there are unseen hands always guiding what the judiciary and the Attorney-general should do and should not do.

Tuesday, January 24, 2012

Annuar Destined to be Jailed.

You dont need to be a rocket scientist to know that the Attorney- General was prompted to file an appeal against Annuar's acquital in the High Court. In the case of Razak Baginda where Najib's involvement was obvious, the A-G did not even bother to file an appeal when Razak's defence was not called..The decision of the A-G in both cases was overwhelmingly biased.What is the rationale for not appealing in Razak's case when the circumstantial evidence was fingered at Razak for being involved.?Then in Annuar's case Judge Zabidin acquitted Annuar after his defence was called and yet the A-G deemed fit to appeal. Surely the grounds for appeal in Razak Baginda's case was more stronger and yet the A-G refused to appeal.
The above two decisions clearly showed that Malaysian judiciary and the Attorney-General department are clearly under the thumb of the executive.
An appeal by the A-G chambers is a sign for the judiciary to ensure that Annuar will fail when his appeal is heard at the court of Appeal.That precisely happened to Karpal singh's sedition case when he was acquitted in the High court but was overturned by the Court of appeal when the A-G appealed the High Court favourable verdict in the Karpal Singh's sedition case.

Sunday, January 22, 2012



P.M and Wife Rosmah in Sydney

It was reported in the Daily Sydney Morning Herald that Malaysian P.M, Najib and wife Rosmah spent a quiet holiday in Sydney. They stayed st the A$20,000 (RM$ 65,100) a night Penthouse (picture) at the new five star Darling Harbour hotel. The Daily news columnist called Rosmah, ' the first lady of Shopping' for spending A$100,000 (RM$325,000) at a Sydney Boutique.
According to the Sydney designer, Carl Kapp, he would be flown to Malaysia next month with a collection of 'toiles' for Rosmah to fit and to complete the order of 61 dresses , tops and pants.
Wonder who is paying for the stay at the hotel and the shopping. With Najib's salary as P.M I doubt he can afford to be so extravagant. Sadly, taxpayer's money will be used to pay for Rosmah's lavish taste.

Tuesday, January 10, 2012

9th Jan.2012- Annuar's court Verdict

I struggled to wake up at 6.15am when my son Gary came to my room to remind me it was time to get ready for our planned trip to the High court at Jalan Duta.I made up my mind when it was anounced that Annuar's court verdict would be given on the 9th Jan.I was determined to be part of the assembly who would be there to receive the good or bad news. For change to happen there must be a unity in purpose to render support to our Pakatan leader .Today's decision would chart the course of our political future and every one who hope for a change must give that support .
As I drove towards Jalan Duta via the Kerinchi Link the morning traffic had already swelled almost to a crawl at the mid valley section. However reaching Jalan Duta I managed to squeeze to a parking lot some 200 metres from the High court majestic building which looked iconic from a distance. Safely ensconced in the parking lot of the High court , I noticed the gradual parade of dignitaries who came to offer support. There was Haji Abdul Hadi, Lim Guan Eng, and a host of other Pakatan's office bearers.
 When the result was finally announced at about 9.15am, the crowd responded with a loud cry of relief and exuberation. With the welcome news received by the crowd, every one left the car park and made their way home. Relief that in some small way I had made the numbers and had witnessed a momentus occassion which could be pivotal for our future direction.