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Thread: Politics: PKR's Lee Chin Cheh vacates Kajang DUN seat

  1. #11
    Join Date
    Oct 2008
    Khalid a good statesman but lousy politician, Rafizi says

    KUALA LUMPUR, Jan 31 — Tan Sri Khalid Ibrahim is not a “skilled” enough politician to handle Barisan Nasional’s (BN) political onslaught, PKR’s Rafizi Ramli said last night as he defended his party’s decision to field Datuk Seri Anwar Ibrahim in the coming Kajang by-election.

    Speaking at a forum here, the chief engineer of the Kajang move said that while the embattled Khalid is known to be a popular technocrat, he was less stellar in his role as a politician.

    “We all know in Pakatan Rakyat (PR), attacks based on racial politics and religion must be countered with political games as well,” the PKR strategic director told a forum discussing the by-election here.

    “Although we have high respect for his administrative prowess, we have to also call a spade a spade: Khalid is not a skilled and experienced politician to face Umno’s racial and religious political games.”

    According to the Pandan MP, PKR had decided to give Anwar a shot at snapping a seat on the Selangor legislative assembly to send a message to BN that it is serious in defending the state seen as PR’ crown jewel.

    In a statement on Wednesday, Rafizi had claimed there are plans in the pipeline by Umno and BN to use racial and religious issues to cripple the PR administration in Selangor, which is now led by Khalid.

    Rafizi was backed in the forum last night by political activist Hishamuddin Rais, who claimed that Anwar would be a better choice as a mentri besar, particularly as he would be able to better articulate the pact’s position on issues regarding race and religion.

    “If Anwar becomes an MB in this federalism system, then he will enter as MB into the conference of rulers, talking about land, religion,” said Hishamuddin.

    “Who else has better authority, better skills, the credibility, and international stature to say that we do not agree with the ‘Allah’ issue and land?”

    To emphasise his point, Hishamuddin accused Penang Chief Minister Lim Guan Eng and Khalid of squandering their opportunities to air the issues with Malay rulers during their respective tenures.

    “It cannot be denied, that (Khalid) is a brilliant economist but he is not the best politician … Now we reverse it, Khalid will be the economic adviser to Selangor, Anwar to be the mentri besar. What do you think of that?” the activist asked the crowd to cheers and applause.

    The third panelist in the forum was Socialist Party Malaysia (PSM) secretary-general S. Arutchelvan, who appeared less convinced of Rafizi and PKR’s explanation than Hishamuddin.

    But Rafizi continued to defend his party, standing firm on the notion that Anwar’s presence in the Selangor assembly would help scuttle any ploy by BN to play dirty.

    The PKR strategy director even seemed to hold back tears as he tried to hit back at critics who mocked his apology over what he dubbed “the Kajang Move”.

    “We come with utmost humility to say we are sorry to do this, but it is a responsibility that we have to take … It pains me, because it’s my idea and to drag Anwar into this is not an easy thing,” said Rafizi.

    In a surprise move on Monday, PKR’s Lee Chin Cheh resigned as Kajang assemblyman resigned without reason to pave way for Anwar to contest the by-election.

    Despite the latest developments, the Selangor government and Anwar have continued to deny that Khalid will be removed as MB.

    While popular with the general public, Khalid’s penchant for unilateral decision-making in administering the country’s wealthiest state is understood to be a source of dissatisfaction among PR leaders in the state.

    PR currently holds 44 of the 56-seat Selangor state assembly, with PAS and DAP having 15 seats each, while PKR has 13 after Lee’s resignation.

  2. #12
    Join Date
    Oct 2008
    Friday, 31 January 2014 18:22
    FACTS ARE 1. Anwar will sweep Kajang 2. Umno can forget about S'gor with him as MB

    Written by P Dinesh, Malaysia Chronicle

    Full article:
    Follow us: @MsiaChronicle on Twitter


    The end of 2013 saw Malaysians hit with multiple price hikes and subsidy removals. The BN government, through its incompetent administration of the economy, was squarely responsible for these outrages on our wallets.

    Perhaps to distract attention from these economic difficulties, religious tension was released and used to pit Muslims against Christians. It is worth noting, at this point, that it has been the political practice of the ruling BN, for decades, to use race and religion to divide the people, so that they may continue to remain in power.

    The doctrine of ‘Divide and Rule’ has been made dull by BN’s formulaic use of it as elections approach. This formula will fail once Malaysia reaches the right level of urbanization and as more people have access to information.

    It was against this gloomy backdrop that Anwar Ibrahim made his announcement that he would be standing for the state seat of Kajang in the state of Selangor.

    Selangor had been plagued for some time by tensions between the MB, Khalid Ibrahim, and Azmin Ali. PKR had 14 seats and DAP and PAS had 15 each. Khalid had clearly been exploiting these numbers to ensure Azmin did not replace him, playing off PAS and DAP against PKR.

    It was a most unhealthy state of events. The problem appeared insoluble, a Gordian knot. With his announcement, Anwar has presented us with a most Alexandrian solution.

    Dull performance from Khalid & his quarrelsome aides

    Yet, it is a shallow analyst who would conclude that the Kajang by-election is simply PKR’s way of solving an internal problems.

    The fact is that Khalid Ibrahim’s performance as Menteri Besar has been a most pedestrian one.

    The people’s expectation, when they unexpectedly found themselves presented with a Pakatan government one morning in 2008, was that they would soon be living in Camelot. Or that Pakatan would soon turn Selangor into a Silicon Valley.

    No such thing has happened. Five years later, Selangor is little different from how it was under the BN. The town councils remain indifferent and apathetic. PJ’s restaurants remain filthy, offering watered-down dishwashing liquid to those who want to wash their hands. There is little new development.

    Lots of money also equals lots of wasted OPPORTUNITIES

    Apparently, there is more money in the bank as Khalid Ibrahim is a frugal fellow. This would no doubt be a most useful skill if one were an urban housewife confronted with endless price-hikes.

    Also, he is touted as incorruptible because he has already made his money as a businessman! While this is excellent news, if that were the only measure of evaluation for an MB, we could replace him with a cigar-store Indian, or a clump of bananas.

    Selangor has 2 Billion or so in the bank, representing not savings, but opportunity lost. Investments would have generated and increased revenue for the state, and put more disposable income in the pockets of the people.

    Unable to manage infighting not just in PKR but within Pakatan Selangor

    To be fair to Khalid, he has been best known for managing plantations, and that is poor preparation for a globalized world where technology and high-end services are key drivers of growth. Naturally, Pakatan continues to praise Khalid as a good manager, but these are political statements.

    Khalid has also been unable to manage the different groups of stakeholders within Pakatan, witness the endless squabbling. Further, Khalid had led PKR Selangor to a poor showing in the 2013 elections. Under his leadership, PKR was left with 14 seats against the 15 of its coalition partners PAS and DAP.

    The lesson of Kedah must have been a factor in the calculations that led PKR to the decision to replace Khalid. The people will not hesitate to punish those who do not deliver. In the case of Kedah, PAS failed to act on the infighting within PAS Kedah. Development had come to a practical standstill as the other Pakatan partners appeared helpless to solve the problem.

    Yet Pakatan hubristically assumed that the people of Kedah would still vote for them. Such assumptions were proven wrong when Pakatan was roundly trounced in the 2013 elections.

    And so, perhaps, PKR has acted to put an end to the Selangor conundrum. 4 more years of lacklustre rule and infighting in Selangor will simply not do.

    Anwar in a class of his own

    The people of Kajang can look forward now to be served by Anwar Ibrahim, who will, denials notwithstanding, be their new Mentri Besar.

    Combined with the poor management of the economy by BN, Anwar can look forward to a much-improved majority in the coming by-election.

    And we can all look forward to having Anwar Ibrahim play the role of chief executive. For Umno, this is their nightmare scenario. Selangor, which Umno so desperately wants to regain, will be untouchable once Anwar becomes Mentri Besar.

    Meanwhile, some have argued that Anwar should not take the post of Mentri Besar as he is meant and has all the capabilities to be the new Prime Minister after the next election. Well then, why are we wasting the talents of such a man for four years? Jerry Brown was Governor of California, then mayor of Oakland, now he is Governor of California again at 75. Oakland has 400,00 residents and California has a population of 40 Million. And he is defeating the Californian budget deficit, where even the Terminator, Arnold Schwarzenegger, failed! The important principle, clearly, is to serve the people, not to be concerned with one’s personal status.

    Pakatan, and Anwar, have most certainly made the right move with this decision. They have shown that they can think out of the box. It cannot have been an easy one, and would not have been lightly made.

    Nevertheless, it is a wonder they did not think of this earlier! In business, this would be called a game-changer. Pakatan takes the initiative, BN is left stunned and defensive!

    And in Selangor, Anwar Ibrahim will surely deliver to us, finally, Camelot! - Malaysia Chronicle

    Full article:
    Follow us: @MsiaChronicle on Twitter

  3. #13
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    Oct 2008
    No crisis in Selangor – Tommy Thomas

    FEBRUARY 01, 2014

    My attention has been drawn to an article by Edmond Bon which claims that there would be a constitutional crisis in Selangor if Anwar Ibrahim desires to become Menteri Besar after a victory in the forthcoming Kajang by-election. I disagree for the following reasons.

    As a constitutional ruler, the Sultan of Selangor does not have a free hand in the selection of his Menteri Besar. Articles 51 and 53 of the Selangor Constitution are relevant. Articles 51 (2) and 53 (4) must be read together. Under Article 51 (2), the candidate must be “of the Malay Race and profess the Muslim Religion.” However, Article 53 (4) provides that His Highness “may in his discretion” dispense with provisions in the Constitution like Article 51 (2) which restricts his choice. Obviously, the Menteri Besar of any state must be a citizen of Malaysia but in Selangor there are no residential qualifications. Thus, he or she (there is no gender bar) need not be born in Selangor nor have a permanent residence in the State.

    The most significant provision however is Article 53 (2) (a) which states that the Sultan can only appoint a person as Menteri Besar if :

    (i) that person is a member of the Legislative Assembly of Selangor; and

    (ii) “who in His judgement is likely to command the confidence of the majority of the members of the Assembly.”

    The Federal Constitution and all the State Constitutions have identical provisions to Selangor’s Article 53 (2). They are all modelled on Westminster constitutions with the standard words “commanding the confidence of the majority” of parliamentarians. Since Merdeka, the political party or coalition that claims to be the governing party after winning the most seats in general elections always selects its own leader. Thus, in every case where there has been a vacancy in the office of Prime Minister, whether caused by resignation or death, the leader or acting leader of Umno / Alliance / Barisan has been appointed the Prime Minister. Likewise, after each of the 13 general elections. The Agong had no discretion in such appointments. So too in the case of all the states. If there were exceptions in some states, Menteri Besars were appointed without regard to constitutional niceties.

    In the 56 seat Legislative Assembly of Selangor, Pakatan has 44 seats and Barisan 12 seats after GE13, which is comfortably more than a 3 / 4 majority. Thus if Pakatan nominates Anwar Ibrahim to become Menteri Besar after a Kajang victory, the Sultan has no discretion under the Constitution to reject him. Can you imagine if the Yang Di-Pertuan Agong had not sworn in Najib Razak as Prime Minister, being the leader of Barisan in May 2013 when he enjoyed a 44 seat majority in the Dewan Rakyat? In both scenarios, neither constitutional ruler has a discretion in the appointment.

    Ultimately, if the Sultan of Selangor refuses to appoint Anwar upon nomination by the Pakatan State government or if Khalid Ibrahim refuses to resign in order to pave the way for Anwar’s appointment, the Speaker (Hannah Yeoh) can summon a special sitting of the Selangor Legislative Assembly for the purpose of tabling 2 motions :

    (i) expressing no confidence in Khalid Ibrahim; and

    (ii) expressing confidence in Anwar Ibrahim.

    Since Pakatan enjoys a massive majority, both resolutions would easily be carried. Thereafter, the Sultan would, under constitutional law, have to remove Khalid and appoint Anwar.

    I am confident that good sense will prevail, and this option will not become necessary. Whatever the outcome, there is no crisis (constitutional, political or otherwise) caused by the resignation of the Kajang member and Anwar’s intention to contest in the ensuing by-election. – February 1, 2014.

    *Tommy Thomas is an advocate and solicitor.

    * This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.

  4. #14
    Join Date
    Oct 2008
    Worry not, Kajang not waste of funds, says DAP

    In a show of solidarity, DAP has assured the people that they need not worry over the orchestration of the Kajang by-election as it is neither "a waste of public funds nor a betrayal of their trust" on the part of PKR.

    DAP national chairperson Karpal Singh explains that a by-election is a "barometer" to gauge if a federal or state governments continue to enjoy the people’s mandate to rule.

    "Nine months have passed after the general election. The (federal) government should be prepared to subject itself to scrutiny in a by-election.

    "I cannot see a reason why BN leaders are complaining. Waste of public funds is being given as the main reason.

    "On the other hand, an expense of RM2 million in the by-election is worth the price for testing whether Pakatan has the continued confidence of the people in Selangor, and whether BN has the moral authority to continue being in office at national level," he said in a statement yesterday.

    Karpal explained that prior to amendments made to the federal and state constitutions in 1990, there had been nothing prohibiting an elected representative from resigning, and no five-year ban for said representative to contest.

    “This amendments was included by then premier Dr Mahathir Mohamad to deter by-elections,” he said.

    The amendments, he said, went against democracy as the elected representative who resigned could at one time choose to recontest as means of determining the people’s support.

    DAP, PAS initially not in the know

    The Bukit Gelugor MP added that the Kajang polls further accord the opposition alliance the opportunity to raise national issues such as price hikes, human rights violations and increasing crime rate, and for BN to defend them.

    He had, two days ago, declared his backing of PKR de facto leader Anwar Ibrahim's (left) candidacy for the seat, reportedly stating it was the latter’s right to do so, as he is already the Selangor economic advisor and that friction within the party must cease.

    He also assured all Pakatan component parties have given the nod over the move.

    Karpal's statement is aimed at quelling the storm which has arose from incumbent Lee Chin Cheh's resignation as Kajang assemblyperson last Monday.

    Suspicions over the motives behind the move were heightened when DAP secretary-general Lim Guan Eng stated he, too, had been in the dark while Selangor PAS even said it was mullingboycotting the election campaign.

    However, Lim and PAS deputy president Mohamad Sabu later announced their support towards Anwar.

  5. #15
    Join Date
    Oct 2008
    • Reasons solid and subtle for Anwar’s candidacy
    • Terence Netto | 11:31AM Feb 3, 2014
    • COMMENT Tonight Anwar Ibrahim and Khalid Ibrahim are scheduled to explain PKR’s decision to force a by-election for the Kajang state seat in Selangor at a ceramah.

      Aware of the mostly negative vibes the decision has drawn from the public, the opposition leader and Selangor menteri besar have been forced onto the back foot.

      There they will stay if they do not put forward arguments more cogent than the ones adduced thus far by PKR director of strategy Rafizi Ramli, the decision’s principal proponent - by his own confession - and most ardent defender.

      Last week, in the wake of the announcement that PKR Kajang assemblyperson Lee Chin Cheh had resigned and Anwar was to be fielded as substitute, Rafizi attempted to stem spiralling criticism with an explanation of the reasons for this turn of events.

      He observed that Khalid had done well in administering the richest state in the country; and he would be prodded to do even better, said Rafizi, if Khalid has Anwar in reserve.

      Rafizi (right) also said the move to field Anwar was also preemptive because he expected Najib Razak to become the second prime minister in succession to fall to Umno curmudgeon Dr Mahathir Mohamed’s ‘chop and change PMs’ penchant.

      This lopping off, Rafizi predicted, would be the start of a sustained and multi-pronged campaign to shake the Pakatan Rakyat government in Selangor to its foundations.

      Selangor is the diamond in the 13-state Malaysian crown. Najib’s replacement was expected, on Mahathir’s promptings, to brook no restraint in the battle to oust Pakatan that would be waged by Umno.

      The MP for Pandan, the brightest talent in PKR’s constellation of second-tier leaders, said Anwar’s presence in Pakatan’s leadership cohort for Selangor would boost the coalition’s strength and resilience in the face of an expectedly marauding Umno.
      As a first term parliamentarian, Rafizi perhaps had not as yet heard of a principle of parliamentary democracy called the ‘right of recall.’

      If he had, he would certainly have deployed it among the reasons he furnished for explaining PKR’s decision to force a resignation in a state ward held by the party and field their top leader for the vacancy.

      The right of recall caters for the need of elected representatives to resign and pave the way for by-elections in times when combustible issues are flaring in the public arena.

      Right of recall a legitimate resort

      Since an election is a placebo for a democratic polity’s periodic distempers, the right of recall is a legitimate resort of elected representatives when combustible issues arrive at ignition point in the public arena.

      This was what Umno’s Shahrir Samad (left) did in August 1988 when he quit his JB parliamentary seat and forced a by-election in which he stood as an independent and won.

      1988 was a fraught year in Malaysian politics. In May of that year, the head of the judiciary, Salleh Abbas, was removed as Lord President, a move he resisted, prompting impeachment proceedings presided over by the very judge, Abdul Hamid Omar, who stood to gain had Salleh been found guilty of the charges preferred against him by an international tribunal of judges.

      In the event, Salleh was impeached and Abdul Hamid took over, a sequence of events that - if one considered the spate of Internal Security Act detentions that occurred in October the previous year in which more than a hundred politicians and social activists were rounded up - constituted the most severe and sustained implosion to have occurred in Malaysian politics since the May 13 racial riots of 1969.

      Shahrir’s exercise of the right of recall in August 1988 was that democratic principle’s most eloquent invocation in Malaysian politics in the post-May 13 period.

      His re-election in that poll conveyed the point that the then-prime minister Mahathir’s dictatorial actions had incurred the ire of voters.

      Shortly afterwards, the rules governing by-elections were amended to make them rather difficult to compel, a typically Mahathirian response - if he met a rule he didn’t like, he brought it to heel by amending it.

      Lee Chin Cheh’s resignation as assemblyperson for Kajang comes at a time that is comparably fraught to the one that led Shahrir to resign and re-contest in August 1988

      Unlike Shahrir, Lee is not re-contesting but is stepping aside so that his PKR party leader may be fielded.

      This is not an abuse of the right of recall. Lee knows Anwar is the more effective candidate for the fulfillment of the right of recall in the present situation.

      Anwar is not just the PKR, but also the Pakatan, leader most equipped to combat Umno’s racially- and religiously-tinged campaign to polarise Malaysian society between Umno-supporting right wing Malays and opposition-favouring non-Muslims allied with autocracy-disdaining Muslims.

      This polarisation was exacerbated by the decision of the Selangor Islamic Affairs Department (Jais) to seize copies of Malay and Iban language Bible from the premises of the Bible Society of Malaysia on Jan 2.

      Domestic cause celebre, with international overtones

      Jais’ action has ratcheted up tensions between Muslims and Christians in Malaysia which have been steadily rising since a legal battle over the issue of whether Christians can use the word ‘Allah’ in rituals of worship and faith education broke out in 2009.

      The issue has become a domestic cause celebre, with international overtones. Anwar and his Pakatan colleague, PAS president Abdul Hadi Awang, have espoused the line that non-Muslims can use the word ‘Allah’ provided use of it is not abused.

      If elected, Anwar’s presence in the Selangor state assembly and path to the MB’s position would enable him to bring his powers of persuasion and reasoning to bear on such councils as the Rulers’ Council, the annual conference of the nine hereditary rulers of states in the Malay peninsula whose deliberations on matters of grave importance like judicial appointments and promotions and Malay reserve land issues can be of decisive import.

      Malay reserve land is being sold by greedy cabals in Umno rather cheaply to commercial interests. This is spreading disquiet in the Malay community, a feature that has not been adequately conveyed to the community’s ostensible guardians in the Rulers’ Council.

      Sceptics may demur but Anwar is committed to the persuading arts. His candidature for the Kajang state seat will deepen and widen his access to opinion-making circles with high impact on policy.

      In short, there are reasons solid and subtle for PKR’s pitching their iconic leader into the Selangor legislative fray.

      TERENCE NETTO has been a journalist for close on four decades. He likes the occupation because it puts him in contact with the eminent without being under the necessity to admire them.

  6. #16
    Join Date
    Oct 2008
    • Selangor's ills need urgent intervention
    • William JK Leong | 3:14PM Feb 2, 2014
    • COMMENT Anwar Ibrahim contesting the Kajang by-election in the wake of the Azmin Ali’s PKNS sacking, has led many to speculate that this is an internal power struggle and not the struggle for the people.

      Despite Rafizi Ramli explaining in his article ‘The Kajang Move: A Game-Changer for Putrajaya’ that Anwar is contesting the by-election to meet Umno’s changing tack in intensifying racial and religious tensions, the media, for obvious reasons, continues to play up the internal power struggle angle.

      It is not denied that the Kajang by-election is about governing Selangor, however, the objective is for the good of the people of Selangor and Malaysia and not for any individual within or without the party.

      What has been forgotten in the hullabaloo and media speculation is that the people of Selangor and Malaysia will be better served with Anwar Ibrahim directly in the state to meet the coming economic difficulties and tense political times.

      Horses for courses

      Those saying the by-election is due to the purported feud between Azmin Ali and Khalid Ibrahim fail to mention that both Khalid Ibrahim and Azmin Ali support Anwar Ibrahim contesting the by-election.

      They also omit to point out that PKR members and leaders have consistently acknowledged the strengths and weaknesses of Khalid Ibrahim’s administration.

      Many harped on the fact that while accolades were showered on Khalid (right), there were also criticisms as proof of a feud.

      It must be realised PKR is a reformist party. Its leaders and members speak without fear or favour.

      They will not hesitate to point out what is wrong if they see something is not right nor will they withhold praise when credit is due.

      What is important is the criticisms are constructive, made sincerely and genuinely for the good of the state government.

      The concern has always been that the Pakatan government delivers to the people of Selangor.

      It is on public record that delegates from Perlis to Sarawak from the Party’s 6th National Congress in 2010 at Kota Baru to the 9th National Congress on 25th May 2013, repeatedly voiced their concerns on Khalid Ibrahim’s policy of building a massive reserve instead of spending on development projects.

      Khalid built up a reserve of RM3 billion from the RM760 million he inherited from BN in 2008.

      In his winding up speech at the 2013 Congress, Khalid accepted that he was “frugal” because he is taught to look after other people’s money with utmost care.

      It is acknowledged by all from Pakatan to his BN opponents, in particular, the auditor-general reports that Khalid had been financially prudent in running the state.

      However, the implementation of state projects have not been satisfactory.

      One example is the Auditor-General's Report 2012revealed Selangor only spent RM640.24 million or 56.3 percent of the RM1.14 billion it received from the federal government for the maintenance of non-federal roads between 2010 and 2012.

      Even though the under-spending accumulated RM631.27 million in surplus funds, the report said it reflected inefficiency in managing funds provided by the federal government.

      Furthermore, the report said a survey conducted by the Auditor-General Office of 545 respondents in Klang, Gombak and Shah Alam showed 80 percent of them expressing dissatisfaction with the conditions of the local roads.

      Another problem is Selangor's drainage and irrigation department's (JPS) frequent answer for the woes caused by the repeatedly occurring flash floods and lack of flood mitigation projects is that there are no funds.

      However, it has since been discovered that the Selangor JPS spent only RM45 million out of a RM67 million budget in 2012.

      Therefore there are efficiency and co-ordination issues that have to be addressed.

      Culture of inefficiency

      Khalid cannot be faulted entirely because he inherited a civil service with a five decade culture of inefficiency and complacency.

      However, Anwar is correct in being concerned with the tardiness in taking action and implementing measures for the benefit of the people.

      Anwar at the Nov 24, 2013 Special Congress in Shah Alam said: “Pakatan Rakyat’s achievements are not measured in terms of whether there is a surplus or deficit in the budget but how we prioritise the needs of the public”

      It is giving priority to the people’s needs that is the ultimate objective of the Kajang by-election.

      Besides inefficiency there is also sabotage and non-cooperation by the agencies and privatised entities.

      The public may not realise that throughout Khalid’s administration he has to do battle with forces bent on retaking the state through the withholding of services and non-co-operation by these agencies and privatised entities.

      One example is Alam Flora’s sudden termination of municipal waste collection services.

      The state had to scramble to appoint contractors to avert a disaster. Another is the water supply shortages when the dams were full.

      In the ongoing and protracted negotiations for the state to take back control of water distribution and the holding back of the Langat 2 Project, the National Water Services Commission (Span) has put on hold 878 development projects on the grounds that there will be insufficient water supply in the future. However Khalid points to the fact that there is sufficient supply presently.

      The satisfactory resolution of these issues must not be at the expense of the Selangor people and requires the co-operation and talents of not only Khalid but all Pakatan leaders including Anwar.

      Both Khalid Ibrahim, Azmin Ali (right) and all of the PKR leadership support the Kajang by-election because they are fully aware that Malaysians are about to face the perfect storm of economic hardship coupled with heightened political tensions.

      There is an urgent need to batten down the hatches and strengthen the Selangor government leadership.

      It is not a case of changing horses in midstream. It is to recognise that there are horses for courses.

      There are three immediate concerns.

      The first is the 1997 financial crisis is looming to be repeated.

      The second is self-inflicted by the BN federal government putting the economy into a shock therapy by its fiscal structural adjustment measures.

      The third is the escalating tension that is reaching May 13 levels instigated by irresponsible elements.

      Any government, federal or state will welcome Anwar Ibrahim with his experience on its team as they prepare for the storm that will soon be unleashed by these three converging factors.

      Tomorrow Part 2: Repeat of Asian financial crisis

      WILLIAM JK LEONG is MP for Selayang, and treasurer-general of PKR.

  7. #17
    Join Date
    Oct 2008
    7:49AM Mar 7, 2014

    Anwar guilty of Sodomy II, jailed five years

    1870 751


    7.45pm: Bail will be posted on Monday. Karpal says he will file a notice of appeal on the same day.

    "I have never seen the rush by the court in sentencing in my years of practice, as normally there is medical report made," he says.

    7.33pm: Anwar emerges at the back entrance of the Palace of Justice.

    The crowd, which had already anticipated his exit from there, burst out in deafening chants of reformasi.

    Anwar stands on the entrance staircase for two minutes and waves to supporters but makes no speech.

    As he enters his vehicle, he stands from the side of the car and waves, the crowd erupts in mad cheers as he shake their hands.

    After Anwar departs, PKR vice-president Tian Chua addresses the crowd, which numbers around 60 people.

    "The court has sentence Anwar to five years in jail but this is not the rakyat's decision, we can no longer rely on the legal system and Najib's crony to deliver justice.

    "Today is the day the rakyat arise, we will use our power to free ourselves, this nation, our grandchildren and the legal system."

    Tian Chua called on people to turn out in force at Kajang stadium tonight where Anwar already has a scheduled event.

    He also declared the Pakatan Rakyat convention tomorrow at Dewan Setia Alam, Shah Alam to be opened to every man in the street.

    "Who wants to defend Pakatan Rakyat, Anwar Ibrahim and the people, let us gather at Dewan Setia Alam to show support," he said.

    Tian Chua also announced that Prime Minister Najib Abdul Razak's days were numbered.

    "The court has sentence Anwar to five years in jail, but the rakyat will rid of Najib in five months," he said.

    7.30pm : Anwar says he will continue his campaign in Kajang despite that he may no longer be the PKR candidate in the by-election. He says he will let the people show their wrath.

    "But I will be there in Parliament and we will shoulder on."

    He also lambasts Shafee for claiming he is a threat to "national security."

    Wan Azizah says the Palace of Justice is a beautiful palace but there is no justice.

    Meanwhile, Rafizi Ramli describes the verdict as a travesty of justice.

    "After 16 years, we thought that we have progressed but this case shows we have not."

    7pm: Anwar's children and Wan Azizah hug Anwar. The couple are seen carrying their grandson in court.

    6.56pm: Shafee says he has no objection if the bail is post. Court allows Anwar to post bail the latest by 11am on Monday.

    Court is adjourned. It appears that Anwar needs not spend his weekend in jail.

    6.52pm: Two of Anwar's daughters arrives at the back entrance of the Palace of Justice.

    They alight with Anwar's grandchildren but were briefly stopped from entering the complex.

    After police sought permission from their superiors, they are allowed in.

    6.52pm: Karpal responses bail was not granted in the first instance.

    "Normally he (Shafee) does not object, of course he is now on the other side. That is why he is a mercenary."

    Judge Balia asks the two sides to stop arguing. Justice Balia says the application of stay of execution is allowed, pending appeal with bail of RM10,000.

    6.48pm: Karpal applies a stay. Shafee says he has been instructed by the attorney-general to bring the matter for a stay.

    "I have been asked to put in an objection on the grounds of the case of Anwar itself. Outside this court, (you can hear) the chanting."

    Shafee says the judges can also hear it (the crowd outside).

    "The stay is for purposes of execution of sentence. We are objecting on grounds of public order. An appeal is not a stay."

    6.46pm: Judge Balia says the court having heard what the counsel told the court and has found Anwar guilty.

    "He is convicted and sentenced to five years."

    6:46pm: The external compound that was earlier quiet is now rowdy with suporters gathering and shouting, "Free, free, free Anwar!", "Reformasi" and "Down with Najib!"

    A supporter Amir Hamzah whips up the crowd reminding them of the events of 1998 during Sodomy I.

    6.41pm: A female PKR supporter walks out of the courtroom saying she finds it hard to respect the court.

    Shafee continues, saying Anwar attacked prosecutor Yusof Zainal Abiden and the PM.

    "The accused that he is found guilty of this act, in a position of power now in the opposition and opens himself to blackmail and source of extortion and is a danger to national security."

    "The country will open up the national security issue," he says.

    6:38pm: Wangsa Maju MP Tan Kee Kwong, Xavier Jayakumar, Batu Caves rep Amiruddin Shari are among those who fail to enter the court. They remain outside with the supporters.

    6.36pm: Shafee says Anwar has conviction for abuse of power.

    "I also been asked to mention this, in 2004 in the Malaysian Law Journal made the observation in the Federal Court - that the accused is involved in acts of sodomy."

    Shafee says there are other court proceedings.

    Those in the public gallery shout at Shafee. Judge Balia says those who make noise will be thrown out in court.

    Shafee continues, saying that Anwar is the Permatang Pauh MP and Selangor government advisor as well as candidate in Kajang.

    6.35pm: "The circumstances is clear from the notes. This is not the first time the accused has taken advantage of him," says Shafee.

    Karpal says that statement has been expunged.

    Shafee says that no condom was used and this was an irresponsible and dangerous act.

    "He took advantage of the Saiful," he says.

    Anwar shouts from the dock: "You have got what you wanted."

    6.32pm: JudgeBalia says that the court will pass sentence.

    Shafee says he took instructions from the attorney-general, who is in Sabah.

    "The complainant is a young man, 23 years old, and an employee under his (Anwar's) charge."

    6.30pm: Karpal says the court has to consider the sentence along with the medical report.

    Balia says the DPP is not challenging it. Karpal says this court is not being reasonable.

    "Can I take it that a medical report is not necessary?"

    Balia says they will take it for whatever it is worth.

    "Under the circumstances of this case, a medical report is not necessary," says the judge.

    6.25pm: Judge Balia, after consulting with the other two judges, asks whether that is all.

    Karpal says he is not abandoning the right to mitigation.

    Shafee says if there is certain conditions, the prosecution will not object.

    "We know he has back condition and we are willing to take the statement from the bar," he says.

    6.20pm: Prosecutor Shafee says the medical report can be "onward management" of the matter.

    He said sentencing is on the offence.

    Balia asks whether there will be other mitigation.

    Karpal stresses that the defence need time to prepare the medical report.

    "All this matters must be placed on record. No reason to rush this trial," he says.

    Balia: "We are giving you your right."

    Karpal: My lord, when you consider the sentence, the medical report will set out what the respondents and the sentence to be imposed. What is your hurry?

    Balia: We are not in a hurry.

    Karpal: I am unable to take instructions from my client.

    Balia: You are unable to mitigate?

    6.17pm: Court in session. Mitigation begins. Defence lawyer Karpal says Anwar suffers from back pain, high blood pressure and heart ailment.

    "I have to submit a medical report on this and pray that we will be given time. I cannot be making statements from the bar."

    6.14pm: Police asks court to get ready. It will be called into session soon for sentencing.

    6.10pm: PKR's Machang Bubuk state assemblyperson Lee Khai Loon arrives at the Palace of Justice back entrance, but like other elected representatives, he was denied entry.

    The crowd outside grows to about 50, almost half of whom are journalists.

    Lee told Malaysiakinithat unlike the verdict at the High Court in 2012, the opposition coalition did not mobilise anyone today as the decision today was a surprise.

    "It is all so sudden, we didn't ask people to come because normally decisions would take some time," he said.

    However, the cops are not taking any chances and have tripled their numbers at the back entrance.

    Some 20 police officers form a human shield in front of the staircase into the Palace of Justice.

    Some 20 more officers are also seen stationed nearby in addition to around 10 light strike force units that have just arrived.

    6:05pm: Police presence at the rear entrance increases to 10 officers and several special forces officers. This appears to be in response to the crowd that is growing impatient.

    6.01pm: All senior PKR leaders are in court including deputy president Azmin Ali, Kuantan MP Fauziah Salleh, Batu MP Tian Chua, Padang Serai N Surendran.

    DAP leader Lim Kit Siang is seen talking to Azmin and Pandan MP Rafizi.

    According to the Penal Code 377b, Anwar could be facing a maximum of 20 years in jail and shall also be liable to whipping.

    5.39pm: Court is expected to resume at 6.10pm to announce sentencing for Anwar.

    5:35pm: The rear entrance of the courthouse is tightly controlled and only certain people such as elected reps are allowed through, and have to show their ICs to the police.

    Tensions rise when 10 supporters gather outside the door, prompting the police to shut it. This annoys Bukit Katil MP Syamsul Iskandar Mohd Akim and two of Anwar's lawyers who are shut out.

    After the supporters back off the trio are finally allowed in.

    5.23pm: Wan Azizah and her children are seen crying.

    Anwar says the 1998 incident is repeating itself, referring to his previous conviction.

    "It's all over again, they want to put me in the lock-up, that is why they want to continue with the mitigation," he says.

    5.15pm: The number of Anwar supporters at the courthouse's back door continue to swell.

    The situation becomes increasingly tense as they begin to chant "reformation" and "free Anwar" as Batu MP Tian Chua and PKR deputy president Azmin Ali arrives.

    5.11pm: Justice Balia says, "We will allow time and come back in one hour."

    Anwar stands up and says, "We do it (mitigation) now.”

    Wife Wan Azizah rushed from her seat to calm the opposition leader down.

    Meanwhile, daughter Nurul Izzah sarcastically shouted from the public gallery, "What's the rush?"

    Public gallery erupts with Anwar supporters shouting at the judges.

    5.08pm: Karpal blasts back, saying if Shafee is on this side, "He would say that mitigation would be done on another day."

    "He is speaking with a forked tongue and this is why a mercenary DPP should not be appointed."

    5.06pm: Shafee objects saying appeal has been delayed.

    "If mitigation ought to be required it should be done today. We should hold the mitigation today I am also unprepared but am prepared to hold it today."

    5:03pm: Karpal applies for mitigation to be done next week.

    4.57pm: Justice Balia noted that the prosecution argued that the trial judge has erred in its decision.

    "The learned judge had misconstrued on the integrity of the samples. He ruled there was tampering of the HKL plastic bag.

    "We have scrutinise evidence of the IO Jude Blacious what he did was cut the bottom of the plastic and put the recepticle, in each envelope."

    "The tampering is on the plastic bag and not the evidence. The seals of the samples are intact and did not compromise the samples."

    He said if the learned judge conclude the tampering is on the plastic bag only, and having examined the grounds in the judgment.

    "We find the judge has no reason to depart from his earlier finding (in calling the defence)."

    "The learned judge has failed and appreciate in coming to the conclusion. The judge has erred in listening to the foreign experts.

    "We find the judge had misdirected himself on the issue of the integrity of the sample.

    "We allow the appeal and found guilty of the charge."

    4.55pm: Justice Balia Yusof says this is a unanimous decision.

    4.52pm: Court resumes.

    Anwar’s daughter and Lembah Pantai MP Nurul Izzah Anwar is seated with her three sisters near their mother and PKR president Dr Wan Azizah Wan Ismail.

    4pm: The atmosphere in the courtroom is quite tense as it remains uncertain when the panel will decide on the case.

    People go in and out of the courtroom, but those already seated are not leaving their seats in anticipation.

    Outside Anwar's supporters increase to roughly 30. They are awaiting a judgement that they believe will be issued today.

    3.36pm: Justice Balia says they will deliberate and return later. This indicates a possible decision will be made.

    3:31pm: PKR director of strategy Rafizi Ramli arrives with supporters. Minutes later Anwar's eldest daughter Nurul Izzah Anwar arrives.

    3.30pm: The government-appointed lawyer says the doctor confessed that there were two lawyers asking him to do a statutory declaration over the meeting.

    Shafee says whether there is a conspiracy of three doctors, or the chemist, and the IO to amount to all of it.

    He ends his submission.

    3.25pm: Shafee wants the court to scrutinise Pusrawi's doctor's testimony carefully due to the limited space in the report.

    "The patient says he was assaulted with the introduction of a plastic (object) introduced into his (Saiful's) anus."

    "If you turn over the next page, the doctor wrote 'advice sodomised. Advise to go the HKL'," he said.

    3.22pm: Shafee replies that he does not have any absence of memory when DP Vijendran was asked to testify from the dock.

    "Vijendran is a much better criminal lawyer than me, and he was advised by then late Christopher Fernando (Aris Rizal) to make his testimony from the dock."

    3.20pm: Shafee agrees with Karpal that in criminal proceedings the burden of proof has to be beyond reasonable doubt.

    "However, not all items are required to prove beyond reasonable doubt, but in some ingredients it would be on balance of probabilities."

    3.17pm: Shafee says is the defence is only asking if the DNA had been planted in Saiful's rectum, or planted while in possession with the police officer.

    "The defence never addressed the issue how Male Y's semen ended up in Saiful's rectum," he said.

    3.00pm: Shafee cites a murder case in Queensland, Australia, where the murder took place in 1984 and the body was covered with a red towel and buried in a shallow grave.

    He says the grave was uncovered and tests conducted on the towel showed there was semen and using DNA tests, the assailant was found.

    "A 13-year period, still the DNA sample can be found. The assailant was later convicted in 2001."

    2.50pm: Shafee says the prosecution has answered clearly about the degradation and contamination issue.

    He cites a case, saying, "We are talking about degrees of degradation. You need a minuscule amount. Seah (chemist) says degradation begins once the fluid leaves the body."

    2.47pm: Court in session.

    2.40pm: Anwar arrives at court and jokes with reporters that he had his Friday prayers in Kajang and sat near Home Minister Ahmad Zahid Hamidi.

    He adds that the khutbah (sermon) was about the banning of the Ultraman book.

    Anwar asks in his heart when the Home Ministry will take action on the anti-hadith group. Although he mentioned no names, he is likely referring to Kassim Ahmad and his nemesis former PM Dr Mahathir Mohamad.

    12.30pm: As soon as Anwar exits the court he is greeted with supporters packed outside.

    About 20 supporters encircle him shouting "Reformasi" loudly four times, while security in the area is tight. The hearing continues after Friday prayers.

    12.22pm: Court breaks for Friday prayers and will resume at 2.45pm, with Shafee slated to submit. Shafee promises his submission will take half an hour.

    12.12pm: Noorin says that degradation had been taken into account in the analysis.

    She says the differential fraction examination process to separate the sperm and non-sperm cells were performed.

    "The sperm fraction tests were done and the chemist said there was sperm already there."

    She says that had Seah admitted there was contamination in the peri-anal region and the unknown contributor is the non-sperm.

    The learned judge had actually dealt with the scientific evidence at the end of prosecution's case and Noorin claims that Justice Zabidin did not go through that evidence in defence.

    12:05pm: Noorin says the word "pristine" came from McDonald as there is almost a high reading on the sample.

    She defended that Seah had not said there was no degradation.

    "Any scientist has yet to come up with a test on degradation as it will always be there, and it is a matter of interpretation."

    "McDonald's last test was done in 2004, and since then, he only interprets the results," she says, pointing to McDonald's field work.

    11.50am: Now DPP Noorin Badaruddin is submitting on the matter of the 18 allele.

    "DNA profiling is based on the 16th DNA loci. The 18 allele is found on one or two locus to two different chemist.

    "That is why Nor Aidora (the chemist) did not report the 18 allele. The allele is only found on one loci and it was not necessary to report it."

    11.47am: Karpal replies to Shafee on the question of the alibi of the witness.

    "By right, the statement made from the dock is evidence and it must be considered.

    "This is also misdirection of the judge which requires attention (by this court)."

    Karpal ends his submission.

    11.42am: Anwar’s counsel Karpal Singh says Shafee suffers from “bouts of amnesia” as the Umno lawyer said that a person who testifies from the dock is of low-mental capacity.

    "However, Shafee had represented DP Vijendran and he testified from the dock."

    Justice Zawawi asked if this was in reference to the the former deputy speaker, to which Karpal replied yes, to laughter in the court.

    He adds that statement from the dock is evidence.

    11.40am: Ram says investigating officer Supt Jude Blacious Pereira had been found "a liar" in the past and the finding was made by Shafee.

    "We find the evidence of Jude as totally unsatisfactory as he is constantly not telling the truth or suffer from absence of memory and that is what was written by Shafee," he said.

    Jude, Ram said, is central to the exhibits.

    "He had the sample and intimate samples. There are third-party allele in there.

    "This is what we call tampering. We have to support the finding of the High Court judge as what if the swab used were tampered with."

    Ram concludes his submission.

    11.35am: Ram says the manual on this states that the separation of the cells must be made to remove non-sperm cells.

    "The fact remains that in the sperm fraction analysed, there is non-sperm cells in them.

    "It can be modified and even if the prosecution's version (is correct), it would be impossible to say that the sperm cells comes from male Y," he said.

    Ram says Seah cannot say that for sure and as such, Shafee should not be saying that the sperm cells are from male Y (Anwar).

    11:30am: Anwar's supporters have shifted to the back door to await the opposition leader when he is led out of court.

    To while away the time, 'Uncle Sow' recited poetry to the listening group.

    11.25am: Ram submits that Seah did not separate the sperm fraction and other cells.

    "She says it is impossible to separate sperm and non-sperm cells. But our expert witness (Australian DNA specialist Dr Brian McDonald) says it is possible to separate them."

    "When she says the sperm cells came from male Y (Anwar), she is merely assuming it came from sperm cells. However, the separation was not done," he said.

    11.15am: Ram says the DNA tests were not properly carried out.

    "It was not determined which cell source the DNA came from."

    "DNA can come from skin, hair, saliva, sperm, etc. It is not in dispute that when it came to the chemist, it came in the form of mixture and there is doubt that the sperm is actually from male Y (Anwar)," he says.

    11.12am: Court is in session.

    11.10am: DAP parliamentary leader Lim Kit Siang enters the court. Also in court are other lawmakers, Johari Abdul, Wong Chen and Sim Tze Tzin.

    10.57am: PKR director of strategy Rafizi Ramli is seen on the grounds, chatting with the gathered supporters.

    Meanwhile, three police four-wheel drives is observed there, with the dogs from the K9 unit inside.

    10.40am: Court recess.

    Meanwhile outside, some 80 supporters of Anwar Ibrahim gather on the grounds next to the Palace of Justice.

    According to one supporter who came from Penang, the group have gathered peacefully there as they were not allowed into the courthouse.

    “They (the police) did not allow us entry, so we gather here. That is alright as there is shade beneath the tree. We come to support Anwar, that is all,” he says.

    Meanwhile, three uniformed police personnel are seen in the area monitoring the group.

    10.30am: Ram further defends the expertise of the foreign experts which Shafee had earlier questioned.

    Ram says Shafee takes a simplistic view of the law in excluding all this.

    He adds that the required burden of proof requires that the integrity of the samples is ensured.

    "However, in this case it is not... There are many questions. If there is anomaly it should be taken in favour of the accused."

    10.20am: Ram says Shafee took a simplistic view by saying Jude only cut open the HKL plastic bag but did not disturb the samples.

    Despite this, he says there are the unexplained contaminations.

    "There are two types of contamination, direct and indirect.

    "The cases referred by Shafee shows there was nothing peculiar but in this case, even if it is said that Jude cut the plastic, there is no explanation on the degradation and contamination."

    10.10am: Defence lawyer Ram argues the possibility of the 18 allele coming from investigating officer Jude Pereira could be there as he held the samples for a period of time.

    "It is not for us to speculate, but for the defence to create reasonable doubt. It is incumbent on the prosecution to exclude the presence of the third party."

    9.50am: Ram questions chemist Seah's testimony on the high rectal swab as at first she said it the 18 allele was important but later when asked further in her testimony, she said it was not important.

    He also raises questions on another chemist Nor Aidura Saedon's testimony over her examination of the 'Good Morning' towel.

    "She said the reason she did not report the 18 allele as it is below the threshold and it could be a 'starter'.

    "I put it to her it was not a starter, and it did not follow her Chemistry Department guidelines and she agreed."

    The point, Ram says, the 18 allele is there, but the chemist did not conduct further tests on it as it is from another male contributor.

    "It shows there is contamination in the intimate sample and we do not know who the contributor is."

    9.40am: Ram moves on to the issue of contamination.

    He says the 'Good Morning' towel retrieved from Anwar's cell have an unidentified characteristic with the presence of an 18 allele in the DNA reading.

    "The 18 allele, is also present in the high rectal swab. This means a third person's DNA has been found in the anus but high up the rectal."

    There are two ways this could happen. With the sexual intercourse, the semen was ejaculated inside the anus.

    "Complainant (Saiful) says he is not homosexual, so how can one explain the 18 allele in there.

    "The chemist says the presence could have been as result of drop-in (contamination)."

    9.30am: Ram says chemist Dr Seah Lay Hong had testified there was no evidence of degradation to the high rectal swab.

    "The point here is the prosecution is in agreement of the defence that the sample was 'pristine'."

    9.24am: Continuing from yesterday, Ram Karpal submits that the peri-anal sample shows sign of degradation but the high rectal swabs shows no sign of degradation.

    "All these samples are taken at about the same time and all should show signs of degradation. However, the high rectal swab did not.

    "This raises the question on the possibility of tampering."

    9.14am: Court now in session with justices Balia Yusof Wahi, Aziah Ali and Mohd Zawawi Mohd Salleh on the Court of Appeal bench.

    Balia complains that the proceeding is late by 15 minutes.

    "When we say 9am, it is at 9am."

    Defence lawyer Ram Karpal says they were on time and it was possibly because the court thought lead defence lawyer Karpal Singh will come.

    "Karpal will come in later," he says.

    Justice Balia wants the counsel to conduct the proceedings professionally.

    Balia reminds them not to read from their submission as judges have already read them.

    9.10am: The situation outside the court house is quiet and calm. There are about a dozen police officers milling around the area. There are no protesters today.

    Meanwhile, there are about eight police officers standing guard at the back of the court complex. The police also brought in two dogs from their K9 unit.

    8.56am: Opposition Leader Anwar Ibrahim and his wife, PKR president Dr Wan Azizah Wan Ismail, arrive at the Palace of Justice along with three of their children.

    They go to the second floor where the Court of Appeal is located.

    8.55am: Muhammad Shafee Abdullah, the private lawyer appointed by the government to lead the prosecution team in this appeal, enters the courtroom.

    Also in court are a number of international observers as well as PKR supporters. The public gallery is filling up fast.

    8.50am: Some embassies send two representatives, say court staff. Today there are more people asking for passes and some journalists may be - like yesterday - unable to go into the courtroom.

    8.28am: Security at all entrances at the Palace of Justice in Putrajaya is tight, with uniformed police helping the court's auxiliary police.

    8.20am: The prosecution's appeal against Anwar Ibrahim's acquittal in Sodomy II continues today with defence lawyer Ram Karpal resuming his submissions on the semen samples taken from complainant Mohd Saiful Bukhari Azlan.

    Ram indicated to court yesterday that he would need another two hours to wrap up his submission. He is expected to provide further arguments on the issue of the integrity of the semen samples and the possibility of the samples being tampered with.

    Much focus on the prosecution and defence rests on the integrity of the samples as Kuala Lumpur High Court judge Mohd Zabidin Mohd Diah in acquitting Anwar, found it was not safe to call for conviction based on the possibility that the samples could have been tampered with.

    It was revealed in court that investigating officer Supt Jude Blacious Pereira had opened the sealed plastic bag from Hospital Kuala Lumpur (HKL) and placed the 12 samples in separate envelopes before handing them over to the chemist for analysis.

    While government appointed lawyer Muhammad Shafee Abdullah maintained the chain of evidence was not broken despite the plastic bag from HKL being opened, Ram suggested otherwise due to the “pristine” nature of the semen samples despite being examined four days after the alleged incident.

    After the alleged sodomy incident on June 26, 2008 at the Desa Damansara condominium, Saiful testified that he did not bathe and wash in order "to keep the evidence". He lodged a police report two days later and the samples were retrieved on the night of June 28 and early morning 29.

    The samples were then kept by Pereira, not in a freezer as instructed by HKL doctors, but in a metal cabinet in his office and later handed to the chemist on the evening of June 30.

    Shafee (right) had also made a technical argument in that the court's test should be on the balance of probabilities, while senior counsel Karpal Singh said this was wrong as the court must adopt the ‘beyond reasonable doubt’ approach.

    In criminal proceedings, the prosecution is often required to prove its case beyond resonable doubt while normally the balance of probabilities is adopted in civil cases.

    After the defence submission this morning, Shafee will proceed with his reply. He took two and a half hours in arguing the prosecution's case yesterday.

    It would be interesting to see whether the three-member bench led by justice Balia Yusof Wahi will deliver its decision today or instead announced it at another date.

    For Anwar, the decision may affect his bid to contest in the Kajang by-election where nominations have been fixed on next Tuesday.

    Malaysiakini is covering the second day of the Sodomy II appeal hearing LIVE.

  8. #18
    Join Date
    Oct 2008
    5:49PM Mar 7, 2014

    Stay granted, Anwar walks free... for now

    216 106

    The atmosphere was tense with Anwar Ibrahim looking at the possibility of having to spend the next three nights in prison after being slapped with a five-year sentence for Sodomy II this evening.

    However, the Court of Appeal allowed a stay of execution pending an appeal with the Federal Court and ordered Anwar to post the RM10,000 bail by 11am on Monday.

    Prior to sentencing, Anwar had described the development as deja vu.

    "The 1998 incident is repeating itself... It is all over again, they want to put me in the lock-up. That is why they want to continue with the mitigation," added the 67-year-old politician.

    When the Court of Appeal announced its verdict in upholding the prosecution’s appeal, Anwar’s wife Dr Wan Azizah Wan Ismail and the couple’s children, including Lembah Pantai MP Nurul Izzah, could not hold back their tears.

    Six years in prison

    Anwar was sacked as deputy prime minister in 1998 and later charged with sodomy and abuse of power.

    After having spent six years in prison, he was released after the Court of Appeal overturned the conviction.

    In 2008, he was charged with sodomy again. This time, following a police report lodged by his former aide Mohd Saiful Bukhari Azlan.

    Like the previous charge, Anwar has claimed that the current case is also a political conspiracy by his rivals.

    Meanwhile, the Court of Appeal's decision this evening riled up his supporters who were gathered outside the Palace of Justice in Putrajaya.

    The familiar chants of "Reformasi" and "Bebas Anwar" reverberated.

  9. #19
    Join Date
    Oct 2008
    1:53PM Mar 9, 2014

    Wan Azizah to replace Anwar in Kajang

    901 45

    PKR today announced party president Dr Wan Azizah Wan Ismail as its new candidate for the Kajang by-election.

    Wan Azizah will replace her husband Anwar Ibrahim, the PKR de facto leader, who was initially the party's candidate for the by-election, but is now disqualified from contesting following his five-year jail sentence for sodomy handed on Friday.

    This was announced by Anwar at a press conference in Kajang this afternoon, who temporarily remains a free man after being granted a stay of execution by the Court of Appeal.

    "As the judiciary was manipulated by Umno to prevent me from contesting, therefore PKR, in consultation with DAP and PAS, would like to announce the candidate (for Kajang) is Wan Azizah Wan Ismail," said Anwar.

    The announcement was preceded by a solemn message for the families of 239 passengers on flight MH370 that went missing over the Vietnamese coast yesterday.

    Speaking up for women

    In her acceptance speech, Wan Azizah said her nomination was fitting of International Women's Day which was yesterday.

    "I am thankful for the trust and responsibility given to me and it is fitting for International Women's Day.

    "I call on all the rakyat to join me in sending a strong message that we cannot continue to be oppressed by injustices," she said.

    Wan Azizah denied being a seat warmer for Anwar, stressing that she represented the values of the party as well as women.

    Prior to the general election, it was speculated that Wan Azizah may contest a state seat in Selangor but this eventually fizzled out.

    After the Court of Appeal sentenced Anwar to five years in jail on Friday, he had announced that 12 names were being short listed as his replacement in Kajang.

    'Pakatan endorses Wan Azizah'

    Among the front runner was rumoured to be PKR secretary-general Saifuddin Nasution, who was also present at the press conference.

    Asked why Saifuddin was ultimately not nominated, Anwar said: "I was keen to have Saifuddin but he was reluctant and wanted to (continue as PKR) secretary-general.

    "And in light of the current circumstances, Azizah was the suitable candidate - he (Saifuddin) was firm and adamant about that," he said.

    Nomination day for the Kajang polls is fixed on March 11 and polling day will happen on March 23.

    PKR deputy president Azmin Ali was notably absent at the announcement.

    Also at the press conference were DAP supremo Lim Kit Siang and PAS' central committee member Dr Hatta Ramli.

    The duo endorsed Wan Azizah's candidacy and expressed hope she can defeat BN's Chew Mei Fun by a larger majority, and if possible cost the ruling coalition its deposit.

    They also expressed condolences to relatives of passengers on flight MH370 and urge the government to provide accurate information to the public.


  10. #20
    Join Date
    Oct 2008
    New era of repression – Kim Quek

    MARCH 09, 2014

    The transgression of justice with which the Court of Appeal had summarily convicted and jailed Datuk Seri Anwar Ibrahim on the charge of sodomy on March 7 will go down as one of the most shameful episodes in Malaysia’s judicial history.

    The court has not only regurgitated the falsehood spewed by the prosecutor lock, stock and barrel, but rushed through to overturn a solid High Court decision and passed a five-year jail sentence in lightning speed, against all established judicial norms and common decency.

    In doing so, it has shown the entire world how hopelessly servile our judiciary is to its political masters..

    Lead prosecutor Tan Sri Muhammad Shafee Abdullah had on the previous day falsely alleged that High Court judge Zabidin Diah made the mistake of thinking that the individual receptacles containing the DNA samples were tampered with when in fact only the sealed plastic bag containing these receptacles were cut open.

    He went on to allege, also falsely, that based on this singular issue, Zabidin had set Anwar free.

    The truth is: Zabidin was crystal clear that only the plastic bag was opened up, not the individual receptacles. And contrary to allegation, Zabidin dealt extensively with other relevant issues in addition to the issue of sample tampering before arriving at his verdict.

    High Court judge did not err

    In para 204 of Zabidin’s judgment (“the Judgment”), he clearly described that all the receptacles were labelled and sealed and they were, in turn, put into tamper-proof plastic bag which was then heat-sealed.

    The prosecution had argued in the High Court that when investigating officer Jude Pereira opened the plastic bag without authorisation, the integrity of the DNA samples in the individual receptacles was not compromised because these receptacles were sealed.

    But Zabidin pointed out in para 205 that defence’s specialist witness Professor Dr David Wells had testified that, after examining the receptacles, he found them not tamper-proof, as the seal could be removed and resealed from the manner in which they were sealed and from the material used for the seal.

    In other words, while the plastic bag was tamper-proof, the individual receptacles containing the DNA samples were not, hence the latter’s vulnerability to tampering.

    Significantly, Wells’ view was not challenged, neither did the prosecution advance an alternative view.

    With that, Zabidin had ruled that “by cutting open the plastic bag, confidence in the integrity of the samples was gone”.

    Note that Zabidin did not say the samples were tampered with, he only said he lacked confidence in the integrity of the samples, which view is perfectly legitimate under the circumstances.

    And that is sufficient in criminal law to constitute reasonable doubt over, in this case, the only evidence that could have corroborated the complainant’s accusation.

    And no amount of chest-thumping or challenges by prosecutor Shafee to the defence to show conspiracy between officer Pereira and the chemist or to explain how Pereira could have cheated with the samples could overturn this “reasonable doubt” so established by the defence.

    In fact, the onus of poof is not on the defence to show evidence of how the investigation officer had cheated with the samples, but rather, it is on how the prosecution could convince the court that the integrity of the samples is guaranteed throughout the entire chain of events from the extraction of samples to the hands of the chemist.

    Besides the fiddling of the plastic bag, Zabidin also dealt with issues such as the implausibility of retrieving a good semen sample for DNA analysis of sperms after an unprecedentedly lengthy lapse of 56 hours after alleged sexual assault (normal limit is 36 hours), and the unanimous finding of all the four doctors who had examined complainant Saiful Bukhari Azlan that there was no sign of anus penile penetration on him.

    Any reasonable judge who has read the judgment should be able to readily discern the falsity and distortion of prosecutor Shafee’s submission against Zabidin’s judgments, but not the panel of three judges in the Court of Appeal.

    The latter merely repeated the gist of Shafee’s argument in a few words and almost immediately after that, overturned the High Court judgment.

    Court panel aping prosecutor

    In passing judgment, panel leader justice Balia Yusuf Wahi (the others are Aziah Ali and Zawawi Salleh) said Pereira had merely cut open the bottom of the plastic bag to put the receptacles into envelopes.

    He did not tamper with the samples as the seals on the receptacles were intact.

    Balia said if only Zaibidin had realised that the tampering was restricted to the plastic bag, he would not have made the wrong judgment.

    Balia also said Zabidin had erred in giving “undue weight” to the two foreign experts, whom he described as “armchair experts”.

    He said Zabidin had misdirected himself on the integrity of the samples. With these few words, he pronounced: “we allow the appeal and found the accused guilty of the charge.”

    It is clear that the panel had essentially repeated Shafee’s false claims that judge Zabidin had misconstrued on sample tampering, upon which the latter acquitted Anwar.

    Meanwhile, the panel had completely ignored the defence’s exhaustive submissions over the past two days on many crucial issues that had effectively thrown the prosecution case into serious doubt.

    Prosecution case riddled with holes

    As it turns out, it is not Zabidin who had erred, but the judges who had failed to direct themselves over critical issues that include:

    • Integrity of the samples cannot be guaranteed once the plastic bag was cut, as the receptacles were not tamper-proof.
    • Pereira gave a phoney reason for the unauthorised opening of the plastic bag which was to re-label the receptacles, as these were already individually packed and labelled by experts who collected them, as rightly pointed out by Zabidin. Being a senior police officer who knew the serious consequence of such a breach, Pereira must have a compelling reason to commit such a desperate act. And since he had lied over the true reason, he had become a suspect for manipulating the samples.
    • Pereira had kept the samples in his steel cabinet for 40 hours instead of placing it in the police freezer and delivering them to the chemist in the first instance as strictly instructed. This had compounded the degradation of the already badly degraded semen samples due to the unprecedentedly belated extraction from the complainant’s body. Pereira’s failure to explain such bizarre conduct had deepened suspicion of foul play.

    Despite such delays and extended exposure to room temperature (56 hours before retrieval from the body and another 40 hours under room temperature) which must have totally destroyed the semen and sperm samples for DNA test, the chemist’s report tendered in court indicated that the DNA was found to be in “pristine condition”.

    Such miraculous phenomenon speaks for itself with regards to the credibility of the samples or reports.

    No satisfactory explanation was given over irregularities in DNA tests for semen retrieved from Saiful’s upper and lower rectum and anus, including the puzzling presence of bodies other than “Male Y” which prosecution claimed to belong to Anwar.

    All the four doctors who examined Saiful had reported “no sign of anal penile penetration”.

    With such a mountain of flaws, unanswered questions, irregularities and suspicion of the prosecution case staring at them, how could these judges in clear conscience pronounce that the prosecution has established Anwar’s guilt beyond reasonable doubt and jail him for five years?

    New wave of repression

    As if such an atrocious judgment was not stunning enough, the judges further rattled the defence and the audience by ramming through from deliberation to judgment to mitigation to sentencing all in a record-breaking time.

    The court took only 90 minutes of deliberation to overturn the verdict of a trial that lasted two years and an appeal that stretched another two years.

    It allowed only one hour for defence to prepare mitigation before sentencing, despite protests that defence needed a few more days to prepare a medical report on Anwar’s multiple ailment and for Anwar to attend the opening of a new parliamentary session and deliver his speech to the House as parliamentary opposition leader.

    So what’s the hurry, if it is not to meet a dateline to thwart the so-called “Kajang move”, which is a plan for Anwar to head Selangor as a stepping stone to Putrajaya?

    Nomination for the Kajang by-election, where Anwar will stand as a candidate, is on Tuesday, so by hook or by crook, the court had to have Anwar convicted and jailed by March 7 (Friday) so as to disqualify him for the nomination.

    What we have seen is a new low to which Malaysian judiciary has descended. To the point that it has virtually become a mere political instrument in Umno’s struggles to hang on to its precarious hegemony.

    More than that, Anwar’s conviction has ushered in a new era of repression and persecution, starting with Anwar, to be followed by DAP chairman Karpal Singh who will be sentenced on March 11 on a sedition conviction, followed by many others who have already been charged and awaiting trials.

    Unless the masses are awakened to this stark political reality and become proactive in defending their constitution rights from further erosion, the country is in for a bleak future. – March 9, 2014.

    * Kim Quek reads The Malaysian Insider.

    * This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.

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