Monday, June 30, 2008

Anwar Ibrahim Files Suit Against Mohd Saiful Bukhari Azlan

Parti Keadilan Rakyat (PKR) de facto leader Datuk Seri Anwar Ibrahim has filed a suit against his former aide Mohd Saiful Bukhari Azlan for allegedly lodging a false, malicious and libellous police report against him.

The suit was filed at the Kuala Lumpur High Court civil registry by Anwar’s lawyers R. Sivarasa, Ranjit Singh and William Leong at about 10.30am on Monday.

Saiful had on Saturday lodged a police report alleging that he had been sodomised by Anwar, a former deputy prime minister.

Anwar is residing at the Turkish Embassy here, saying that he fears for his life after receiving death threats. (The Star Update)

***** With the PM already convinced of Anwar's guilt it seems purposeless to file a suit. However it does publicize the issue and with the attendant publicity here and abroad, the government will perforce have to be restrained in the manner it plans to punish Anwar. Will the courts be able to provide him any relief? Doubtful, but worth a try.

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2 Comments:

Blogger PL said...

When you're down and out, everybody wants to screw you. Tit-for-tat Hadhari style.

3:10 PM GMT+8  
Blogger Aiyzek said...

Hi guys,
I quoted this from renovation blogged by stephendoss concerning Anwar’s sodomy cases issued previously…check it out..
“FOR THE BENEFIT OF READERS, I HAVE EXTRACTED FROM THE PAST THE JUDGMENT BY THE FEDERAL COURT OF MALAYSIA, ANWAR’S APPEAL AGAINST HIS CONVICTION ON SODOMY. THE FOLLOWING IS A MAJORITY DECISION REACHED BY THE JUDGES SITTING IN THE FEDERAL COURT ON THE ANWAR IBRAHIM APPEAL AGAINST HIS CONVICTION ON SODOMY.
PLEASE NOTE AND READ CAREFULLY THE VERDICT, THAT ALTHOUGH THE JUDGES HAD NO DOUBT IN THEIR MINDS THAT THE ACT OF SODOMY BY ANWAR IBRAHIM HAD TAKEN PLACE, BUT TO RELY SOLELY ON AZIZAN’S EVIDENCE WOULD BE UNSAFE FOR THE PURPOSES OF UPHOLDING THE JUDGEMENT.
SO DID THE ACT OF SODOMY TAKE PLACE ? YES ACCORDING TO THE JUDGES. BUT DUE TO A TECHNICALITY THEY HAVE NO CHOICE BUT TO DISMISS THE CASE.
DALAM MAHKAMAH PERSEKUTUAN MALAYSIA
(BIDANG KUASA RAYUAN)
RAYUAN JENAYAH NO: 05-6-2003 (W)
ANTARA
DATO’ SERI ANWAR BIN IBRAHIM … PERAYU
DAN
PENDAKWA RAYA … RESPONDEN
RAYUAN JENAYAH NO. 05-7-2003 (W)
SUKMA DARMAWAN SASMITAAT MADJA … PERAYU
DAN
PENDAKWA RAYA … RESPONDEN
CORAM:
ABDUL HAMID MOHAMAD F.C.J.
RAHMAH HUSSAIN F.C.J.
TENGKU BAHARUDIN SHAH TENGKU MAHMUD J.C.A.
MAJORITY JUDGMENT OF
ABDUL HAMID MOHAMAD F.C.J.
AND TENGKU BAHARUDIN SHAH TENGKU MAHMUD J.C.A.
In this judgment, Dato’ Seri Anwar bin Ibrahim will be referred to as “the first appellant” and Sukma Darmawan Sasmitaat Madja will be referred to as “the second appellant”.
The first appellant was charged with an offence punishable under section 377B of the Penal Code.
The second appellant was charged with two offences. The first charge is for abetting the first appellant in the commission of the offence with which the first appellant was charged. The second charge is similar to the charge against the first appellant i.e. under section 377B of the Penal Code.
Both the appellants were tried jointly. The first appellant was convicted and sentenced to nine years imprisonment commencing from the expiry of the sentence he was then serving in the first trial. High Court Kuala Lumpur Criminal Trial No. 45-48-1998 (1999)2 M.L.J. 1 (H.C), (2002)2 M.L.J. 486 (C.A.) and (2002) 3 M.L.J. 193 (F.C.)). The second appellant was convicted on both charges and sentenced to six years imprisonment and two strokes for each charge with the sentences of imprisonment to run concurrently. For the judgment of the High Court in the present case, see (2001) 3 M.L.J. 193.
They appealed to the Court of Appeal. Their appeals were dismissed – see (2004) 1 M.L.J. 177.
They appealed to this court and this is the majority judgment of this court.
Section 87(3) of the Courts of Judicature Act 1964 (“CJA 1964”) provides that a criminal appeal to this court “may lie on a question of fact or a question of law or on a question of mixed fact and law.” The position is the same as in the case of the Court of Appeal hearing an appeal from a trial in the High Court as in this case – see section 50(3) CJA 1964.
To summarise our judgment, even though reading the appeal record, we find evidence to confirm that the appellants were involved in homosexual activities and we are more inclined to believe that the alleged incident at Tivoli Villa did happen, sometime, this court, as a court of law, may only convict the appellants if the prosecution has successfully proved the alleged offences as stated in the charges, beyond reasonable doubt, on admissible evidence and in accordance with established principles of law. We may be convinced in our minds of the guilt or innocence of the appellants but our decision must only be based on the evidence adduced and nothing else.”

4:41 PM GMT+8  

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