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Sodomy Allegation Test For Rule Of Law

Credibility is a key element when an allegation is made against a person and more so against persons in high places and much more so when others in high places have much to gain from damaging their reputation. Mohd Saiful Bukhari Azlan at 5:45pm on June 28 lodged a police report that he had been sodomised by his employer, Malaysia opposition leader Anwar Ibrahim, two days earlier against his will at Unit 1151, Kondo Desa Damansara, Jalan Setia Kasih, Kuala Lumpur.

Anwar sought refuge at the Turkish Embassy on June 29 "fearing a repeat of his experience" when he was removed from his house by a crack commando unit in balaclavas in September 1998. He was then taken to police headquarters where he was assaulted by the then inspector-general of police Rahim Noor, resulting in the infamous blackeye when he was produced in court a couple of days later. Speaking to reporters from the embassy, he said the police report was planned by interested parties as a counter-attack against the evidence he says he has against the IGP Musa Hassan and the attorney general Abdul Gani Patail in the alleged falsification of evidence against him (Anwar) during his trial in 1998/99. In the 1998/99 corruption trial against Anwar, Musa Hassan (a Senior assistant commissioner then) was the investigating officer and Gani Patail was the lead prosecuting officer. Anwar, who had filed a libel case against Saiful Bukhari on June 30, lodged a police report against Musa Hassan and Gani Patail over their alleged misconduct during his trials 10 years ago.

The credibility of the accusation against Anwar comes into question mainly because it comes at a time when Anwar has made a political comeback and is seeking to contest in a by-election soon to get into parliament. He was not eligible yet when the March 8 general election was held. Moreover, the complainant Saiful Bukhari, 23, has been photographed recently in the company of several Malaysian Cabinet ministers including Mustapa Mohamed, Shahrir Samad and Azalina Othman, besides Anuar Jusoh, who works under deputy prime minister Najib Razak. This has resulted in Anwar's Justice Party of Malaysia (PKR) members accusing Saiful Bukhari of being an Umno mole in PKR. Mustapa and Zalina have denied any ties with Saiful Bukhari. Malaysian Prime Minister Abdullah Badawi distanced himself from the whole affair saying, "let the police investigate and take the necessary action."

Whether Saiful Bukhari is telling the truth when he made the police report, sodomy is a charge that is easy to make but difficult to prove or disprove in the absence of witnesses. Anwar's lead counsel Christopher Fernando said during the appeal against the sodomy verdict in 2004: "Today, Dato Seri Anwar can be accused of sodomy. Tomorrow, it could be the AG, Abdul Gani Patail." Gani protested being made the brunt of the defence counsel's joke. The Federal Court overturned the verdict against Anwar on Sept 2, 2004 by a majority decision of 2-1.

The integrity of the Malaysian judiciary has suffered under former Malaysian prime minister Mahathir Mohamad especially since the sacking of former Lord president Salleh Abas and five other senior judges in 1988. That has since changed when Abdullah took over as prime minister in 2003 and the judiciary has regained some of its integrity and public confidence. And now, in 2008, together with the judiciary, it is the integrity of the Malaysian police and the attorney general's chambers that will be put to the test in the investigation into the allegation against Anwar. (Brunei Times/ ANN)

source: MySinChew

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