The Attorney-General's Chambers said today the decision to file an appeal against the High Court's decision to acquit and discharge Opposition leader Datuk Seri Anwar Ibrahim was based on evidence and the law.
It stressed that in making any decision, the department acts solely on the evidence and in accordance with the law, not influenced by any emotion or parties.
"The decision to file this notice of appeal will enable this department to obtain the full written judgment of the learned judge and the record of the proceedings from the High Court; and accordingly will be able to appreciate the grounds considered by the learned judge in arriving at that decision," it said in a statement.
The Kuala Lumpur High Court on Jan 9, acquitted and discharged Anwar on a charge of sodomising his former aide Mohd Saiful Bukhari Azlan in 2008.
Justice Datuk Mohamad Zabidin Mat Diah ruled that the court found the complainant's testimony uncorroborated.
He also said that the court could not be 100 per cent certain that the integrity of the DNA samples was not compromised.
The appealed against the verdict was filed yesterday.
Does anyone truly believe that Tina Nadeau was appointed because of her grand qualifications? Or do you truly believe that Nadeau got the job because of nepotism? But what a bunch we have here…Nadeau, Reams and Soldati. If anyone wanted to link “three stooges” of the criminal justice system, then no did it better here than the UL. And in closing, has anyone reminded Reams that his re-election is still a year and a half away? This ego-centric blowhard is in the papers every other day acting like the election is in two weeks! Give us a break Jim, spend some time behind the desk instead of the cameras & microphones, the change may do you (and us hapless taxpayers) good!
The law states a man is innocent until proven guilty. A judge must be fair and impartial and not be swayed by public opinion. I think sex offenses and violent crimes are the worst crimes , regardless Pauls protected by the same rights as everyone else. Fortunatly for paul he has the money to hire the most expensive and experienced defense attorneys in NH that have the ability to protect his rights and make persuasive arguments. Judge Nadeau has to stay within the lines of the law or she will just give the defense ammunition for appeal. Reams has not cited any violation of the judicial code of conduct. Just my opinion but It seems to me as though Prosecutor Reams is running a smear campaign condeming a reputable judge for what I believe is for his own personal political benifit. I do believe we should have the right to vote our judges in or out of office as they do in other states. Maybe Prosecuter Reams should get more involved in prosecuting cases he has a personal interest in, instead of critizing a judge for not agreeing with his assistent. Sincerly Wayne d Yescalis
- wayne yescalis, manchester
- wayne yescalis, manchester
This is so simple, it amazes me that many people do not see through it. A judge is there to keep the balance, that is all. It is not up to the judge to argue bail, that is for the attorneys. If there is no argument, how can anyone blame this judge. Is it only myself who see’s that Ream’s has taken this situation and tried to place blame where there is no blame. Instead of saying his office made an error, he lies. That is it, he has lied, knowing most people do not care for what the processes are, why the judge is there, and his offices responsibilities. It was up to his office to place an argument before the court and his office did not do this. That is the reason this criminal has another victim. It is that simple. I find it very sloppy legal work and not much for our tax dollars. People have to remember that the legal system might not be perfect, but it is there to protect innocent people. A judge has to keep opinion from his or her mind and only deal with what is put before them. And in this case Ream’s office failed to put the proper arguments before them. Didn’t even try as a matter of his own words. What does that say about his office? I’d not be here commenting if I had not been one of the people who sat there thinking that the judge was to blame. I feel that Ream’s betrayed the public when he lied to keep the public from seeing the truth. Anyone that cannot face the consequences of their own actions is a coward in my opinion, and maybe not worthy of holding the office he does. The public does not need more liars, we understand that mistakes happen, even that they are sometimes a good learning tool, but not if they are not owned. To lie and pretend tells me that this man should not be where he is. One lie leads to more, and more lies, corruption, and God only knows what else. Maybe the media needs to get all sides of stories before they print it as well.
- Stacey, Manchester
- Stacey, Manchester
One can never trust an UMNO MALAY! True Malays are waiting for the moment to send these fellows to Hell. True Malays follow the religion so well. They can never be bought by any Force. They are fearless and righteous. There are millions of them who will take the Country to where it should be .
Its a matter of time when the last rat slips out of the sinking ship to be clobbered by these True Malays!!
The chain reaction has begun for us to see a new dawn. . MONEY IS THEIR RELIGION. NOT ISLAM You can’t trust a BAD MUSLIM MALAY
It is learnt that this afternoon, 30 people from non-governmental organisation, Jaringan Melayu Malaysia (JMM), had met with Attorney-General Abdul Gani Patail to urge that a notice of appeal against Anwar’s acquittal be filed.
'If PM Najib and his wife, Rosmah, are not interviewed by Anwar Ibrahim's lawyers, how then can the case proceed?'
SAYFOOL’S GODMOTHER
BOY OH BOY YOU PUSHED IT YOURSELF THE MONEY MUST BE GOOD WAS MUNTAJ GIRLWITH YOU WHEN YOU DO THE JOB ?
The damage is already done. Due to witness and prosecution involvement, the case will be viewed as a miscarriage of justice and must be thrown out -it will proceed until DSAI is removed forever.readmoreatest updated Farah Azlina Binti Latif,
Deputy Public Prosecutor Farah Azlina Latif was dropped today from the team prosecuting Datuk Seri Anwar Ibrahim for sodomy after allegations surfaced last week that she was romantically involved with complainant and chief witness Mohd Saiful Bukhari Azlan Attorney-
STEP 1,EZAM with ANUAR SHARI’S HELP PLANTED SHAIFUL in Amwar’s office boy And RPK mentions Mumtaz Jaafar again today in his Killing Two Birds with One Stone
General Tan Sri Abdul Gani Patail told reporters today that the junior prosecutor was removed to prevent negative public perception of the Sodomy II prosecution team “The Attorney-General’s Chambers cannot compromise on any issue that can tarnish the image or credibility of the department and we are looking at such matters very seriously
latest updated Farah Azlina Binti Latif, Attorney-General’s Chambers bedtime stories
“This can be very difficult for us but any personal matter if it can have any implication in whatever form on the department will be handled very seriously ” he told reporters at a press conference at his office here.
Attorney-General Tan Sri Abdul Gani Patail told reporters today that the junior prosecutor was removed to prevent negative public perception of the Sodomy II prosecution team.
readmore
WHAT PENETRATION? LET’S GET THE FACTS RIGHT, SAYS SIVARASA
In the run-up to Anwar Ibrahim’s sodomy trial, his lawyers including senior counsel Sivarasa Rasiah had warned that in the end the government would try to nail the Opposition Leader based on fabricated DNA evidence.
And it looks like they may have guessed correctly.
On Thursday, lead prosecutor Mohd Yusof Zainal Abidin managed to get Dr Mohd Razali Ibrahim, one of three HKL doctors who examined complainant Saiful Bukhari Azlan, to stun the Court by agreeing that there was anal penetration.
“With all these reports I have now, there is evidence of penetration even without clinical injuries found on the complainant,” Mohd Razali said.
No, he did not reverse or overturn his own HKL medical report, which in fact, he stood by. Corroborated by two colleagues, the report had stated there were no conclusive clinical findings suggesting there was penetration of the anus nor were there any significant defensive wound on the complainant’s body.
A second medical report from Hospital Pusrawi also came to the same conclusion. Why then did Dr Mohd Razali, who has handled more than 100 cases involving the anal area, tell the Court that he “would say there was penile penetration”?
Malaysia Chronicle spoke to Sivarasa who explained that it was because Mohd Razali was making an inference based on the Chemistry Department’s report and not from his own direct evidence, which is the HKL medical report.
“Mohd Razali has no right to make such an inference as it is outside his scope. He is responsible only for his own medical examination and report, which he has confirmed. He stands by the HKL report which states very clearly there were no signs of penetration,” Sivarasa said.
“But based on the Chemistry Department’s report of having found semen on the swabs, Dr Mohd Razali put two and two together and now he claims there was penetration. Obviously, we will ask the Court to reject this inference and focus on the doctor’s direct evidence, which I repeat is the HKL medical report.
“The chemistry report is none of his business. It is the Chemistry Department which is responsible for the identification of the semen and DNA samples and not the Dr Mohd Razali. Any inference on this aspect should come from the Chemistry Department as it is their direct evidence, not Razali’s.”
During Anwar’s first sodomy trial in 1998, the Chemistry Department found semen on a mattress but the findings were so weak that during cross-examination, its testimony was discredited and had to be rejected by the Court.
Dr Mohd Razali will be cross-examined by the defense soon, while the Chemistry Department has yet to testify.
Nevertheless, the doctor’s sensational testimony has stirred up a media storm with the mainstream media quick to insinuate that the medical evidence did indeed show penetration.
“Not true at all. As I said, Razali actually confirmed the HKL medical report that there was no evidence of penetration. He only deduced there was penetration when he was asked by the prosecutor to take into account the Chemistry Department’s report and he should not do that,” Sivarasa said.
Karpal had wanted more time for preparation in light of Dr Razali’s testimony today.
Another lawyer, Sankara Nair, agreed with this.
“This is an ambush, unprofessional prosecution. I want time. What the doctor has said just now is merely an assumption during examination-in-chief.
“He is just a general surgeon. He says he’s seen many [posteriors], [it] doesn’t make him an expert. We will ask him why he didn’t know (about the swab samples),” said Sankara.
Anwar claimed “two or three semen samples” were found on Saiful.But Anwar said he was not surprised by the doctor’s testimony.
The Pakatan Rakyat de facto leader claimed that there were “two or three semen samples” found on Saiful, but did not elaborate any further.
“The question is, whose semen is this? You’d be surprised to know whose semen is it from,” said Anwar.
Earlier on in court, Karpal claimed that Anwar was in unit 11-5-2 of the Desa Damansara Condominium during the time of the alleged sodomy, not in 11-5-1 as Saiful had claimed.
This did not sit well with Saiful, who insisted that Anwar was with him in unit 11-5-1 at the time.
“No, your honour, it’s not true,” said Saiful.
Karpal also stressed that this would be the defence team’s strategy.
“Our defence is alibi,” said Karpal.
Anwar, the 62-year-old PKR de facto leader, is charged with sodomising Saiful at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara here between 3.01pm and 4.30pm on June 26, 2008.
The former deputy prime minister has denied the charge, describing it as “evil, frivolous lies by those in power”
II prosecution team.
THE WEEK THAT WAS HERE
Queensland University political scientist David Martin Jones, currently working in Malaysia, says: “There is now an interesting collection of scandals dating from the first Anwar case in 1998 that coincides with the fragmentation of Umno-controlled politics.”
“For the second time,” Danby said, “the Malaysian legal system is being manipulated by supporters of the incumbent government to drive Malaysia’s best-known leader, Anwar Ibrahim, out of national politics.
“For the second time, documents are being forged, witnesses are being coerced, and evidence is being fabricated. This trial, like the first trial, is a disgrace to Malaysia, a country that aspires to democratic norms.”
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