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Saturday 8 March 2014

'Enough with UMNO, enough with Barisan Nasional'

PKR lawyer: Anwar's Sodomy II verdict serious injustice

Father allegedly kills daughter, attacks pastor, others for converting to Christianity

Father allegedly kills daughter, attacks pastor, others for converting to Christianity
The Oyo State Police command has arrested a suspect in connection with the killing of his daughter, Miss Kausara Isiaka for allegedly converting to Christianity.

The suspect was alleged by Reverend Daniel Oladimeji, one of the four persons he attacked with machete that he suspected him to be the brain behind the attack.

According to the Police Public Relations Officer, DSP Olabisi Ilobanafor, one Mary Oladimeji, of Calvary Church, Ayekale, Ibadan reported the incident at the station at about 02:00 hours of February 26th 2014.

Though, the police are yet to determine his culpability or otherwise, the suspect allegedly sneaked into the church premises and inflicted machete cuts on the four persons.

The victims’ names, according to the police, are Mary, Kausara Isiaka, Aanu and the pastor of the church.
It was further gathered that the father of the deceased who is a Muslim, allegedly pleaded severally with his daughter and threatened her to review her decision.

The police stated that the girl had to take refuge in the church.
But, on that fateful day, a yet-to-be identified attacker broke in and inflicted machete injuries on the victims while they were sleeping.

Out of the four victims, the police confirmed that her injuries were more severe than others.
Mary, the daughter of the suspect and other victims were rushed to Mobolaji Hospital, Oremeji, Ibadan where she later died.

“DSP Ilobanafor said the police visited the scene, took photographs and moved the remains of the deceased to Adeoyo State Hospital mortuary for autopsy. One suspect was arrested and case transferred to the Assistant Commissioner of Police, State Criminal Investigation Department”.

In similar development, a three-man robbery gang who specialize in stealing Nissan vehicle products have been arrested.
Seven vehicles were said to have been recovered from the suspects whose names were given as Saheed Oloruntoyin (27), Ibrahim Tijani (30) and Lukmon Oladimeji.

They were arrested in Oyo in February 16 while allegedly sharing their loots.
Number plates of the recovered vehicles are Abuja CB 769 RBC , Abuja YF 154 YAB, Abuja GWA 435 AS, Niger BE 218 MNA, EPE 506 AJ (Lagos), BDJ 319 FQ (Oyo) and YYY 579 AAA (Oyo).

The suspects were said to have confessed to be a three-man gang who specialized in snatching cars from Oyo State and Federal Capital Territory (FCT) Abuja.

According to her, any vehicle snatched at Abuja was brought to Oyo and sold.

Anwar jailed 5 years, stay granted

In mitigation, Karpal wanted time to submit Anwar's medical report while Shafee said the PKR leader's sexual act was irresponsible and reckless.
FULL REPORT

anwarPUTRAJAYA: The Court of Appeal today sentenced Anwar Ibrahim, 67, to five years jail after overturning a High Court decision to free him of a sodomy charge in 2012.

The three-man Court of Appeal panel chaired by Justice Balia Yusof Wahi with Justices Aziah Ali and Mohd Zawawi Salleh had earlier today ruled unanimously that Kuala Lumpur High Court Judge Mohd Zabidin Mohd Diah had erred in his decision to free Anwar.

The sentencing was passed after hearing mitigation from both defence and the prosecution.

The appellate court also allowed stay of sentencing pending Anwar’s appeal to the Federal Court, and set the bail at RM10,000.

Earlier Anwar’s lead counsel Karpal Singh pleaded to the court to postpone the mitigation to allow the defence team to present Anwar’s medical report.

“He is suffering from high blood pressure, heart disease, spinal [problems]. For that we need a medical report.

“The medical status of the accused person is of utmost importance in mitigation. We need time,” said Karpal

However, this led to an argument between him and justice Balia, who interpreted this as Karpal not putting up any mitigation today.

“You have nothing to mitigate today?” the judge said.

“You completely misunderstand me. We are unable to mitigate without the medical report,” responded Karpal.

“This court is being unreasonable.”

But the judge insisted: “the absence of the medical report does not prevent you from bringing up your mitigation.”

He said the medical report was not necessary.

“We are here to discuss the sentence,” stressed Judge Balia.

National security issue
Wan Azizah

In presenting his mitigation, Shafee told the judge that Anwar’s actions had risked national security.

“Now that he’s found guilty of this act, and considering his position of power, such acts of indiscretion opens himself up to blackmail and extortion is a source of national security. The country opens up to national security issue,” said Shafee.

He said Anwar had also failed to show any remorse and had taken an aggressive stance by “attacking anyone such as the court, judge, prosecutor, the court of appeal, public prosecutor, the prime minister.”

“He showed unnecessary aggression instead of remorse.”

He said Anwar’s sexual act was irresponsible and reckless as he did not take into account the issue of disease, and that no condom was used: “that’s an irresponsible and reckless act.”

Shafee also argued that Anwar’s actions were tantamount to sexual harassment on his employee.

Shafee’s arguments were punctuated by protests and cries from Anwar’s supporters, who said his statements were unnecessary.

This prompted the judge to address the public: “If I hear any more noise like this, police will be ready to escort you out. This is the court of law.”

The Court of Appeal also allowed for the bail to be posted on Monday, this due to the fact that the Registrar’s office was closed for business today.

The court finally adjourned at 7pm, and Anwar’s family rushed to his side in tears. Anwar was later seen speaking to his lawyers.

The courtroom was packed with reporters, supporters and Pakatan Rakyat leaders waiting for Anwar to address them.

Anwar’s supporters protested that this was an attempt to disqualify him from the Kajang by-election, due to be held on March 23.

Sodomy is an offence punishable by a minimum of five years and a maximum of 20 years of jail and whipping, although Anwar’s age discounts him from being whipped.

Anwar was acquitted by the High Court judge Mohd Zabidin on Jan 9, 2012 of sodomising his former aide Mohd Saiful Bukhari Azlan in 2008 at the Desa Damansara condominium.

This is the second time Anwar has been found guilty of sodomy. He was first charged in 1998 and was jailed for nine years in prison in 2000. In September 2004 the Federal Court overturned his sodomy conviction. He was also sentenced to six years in prison for corruption in April 1999.

Case between two individuals

Meanwhile, a Malaysian government spokesperson said Malaysia has an independent judiciary and the judges had reached their verdict only after considering all the evidence in a balanced and objective manner.

“Anwar Ibrahim and his legal team have the right to appeal today’s decision to the Federal Court.

“This is a case between two individuals and is a matter for the courts, not the government.

“Therefore, to respect the legal process and the rights of those involved, it would be inappropriate for the government to comment further,” said the spokesperson in a statement.

Show-cause letter for Vell Paari

Former MIC strategic director S Vell Paari will be issued a show-cause letter for issuing statements against the party president.
UPDATED

MIC Vell PariPETALING JAYA: The MIC disciplinary committee will issue a show-cause letter to former party strategic director S Vell Paari for issuing statements against party president G Palanivel in the media.

The committee will also issue a similar show-cause letter to Shah Alam MIC branch chairman S Vaithialingam.

Disciplinary committee head K S Nijhar said the duo would be given 14 days to reply to the show-cause letters.

“We will proceed with further action only after receiving their replies to the show-cause letters,” he said.

He said this after a 90-minute disciplinary committee meeting at the party headquarters here this morning.

Other committee members who attended the meeting were Randhir Singh, A Ganeson, A Prakash Rao and Selva Mookiah.

FMT learnt that a few other leaders are also being monitored by the committee for making statements against Palanivel in the media.

Two days ago, Vell Paari issued a press statement against Palanivel, who is also the Natural Resources and Environment Minister, for failing to alert and update the public on the haze and the prolonged drought.

Vell Paari, who is also Kepong division chief, urged the minister to take into view the plight of Malaysians in facing the haze problem.

Vell Paari is the son of former party president S Samy Vellu.

Allegations against Vaithialingam is still unclear.

This would be the first time the committee had taken action against a party “big-wig” since Palanivel became the MIC president in 2010.

The committee’s action comes after Palanivel faced a barrage of attacks from several quarters not only for his role as party chief but also as Natural Resources and Environment Minister.

The move is set put Palanivel under tremendous pressure as the president had previously said he was ready to face criticisms from party members.

Palanivel, after taking the helm of the party from Samy Vellu in 2010, had also vowed to put an end to issuance of show-cause letters and sacking of members.

In an immediate reaction, Vell Paari told FMT that he was not at all surprised with the issuance of the show cause letter by the party disciplinary committee.

“It is a bit premature to comment on it as I have yet to receive the letter. I need to know the charge against me before replying the letter,” he told.

Vell Paari said he would be going to the MIC headquarters himself to receive the letter.

“Once I have read it’s content, I will take the necessary steps to defend myself,” he added.

Kajang by-election: Election Commission will study Anwar’s eligibility to contest


i967.photobucket.com_albums_ae159_Malaysia-Today_Mug shots_AbdulAzizMohdYusof_zpse3a1a4bd(The Star) - The Election Commission will study in detail the provisions of the Federal Constitution and the Selangor Constitution on Opposition Leader Datuk Seri Anwar Ibrahim’s eligibility to contest the Kajang state by-election.

This followed the verdict of the Court of Appeal, which found him guilty of sodomising his former aide Mohd Saiful Bukhari Azlan, five years ago and sentenced to five years’ jail on Friday.

EC chairman Tan Sri Abdul Aziz Yusof said that in view of this being the first case of its kind, a detailed study had to be done to ensure that due process was followed.

“Under the law, by right, if a person is jailed more than a year or is fined more than RM2,000, he or she, automatically loses the right to contest in the elections,” he said.

“Nevertheless, we will have to study if Anwar appeals to the Federal Court, because of it (appeal), whether he can still contest,” he said, adding that the EC would be consulting its legal advisers on the matter.

Justice Datuk Balia Yusof Wahi, who led a three-man panel in hearing the prosecution’s appeal in the case, however, granted Anwar’s application for a stay of execution of the sentence pending appeal with bail of RM10,000.

In overturning the High Court’s decision in acquitting Anwar, Justice Balia said the panel unanimously held that the trial judge had erred in his findings that the integrity of DNA samples used in the case had been compromised.

Anwar was allegedly charged with sodomising Mohd Saiful at a Desa Damansara condominium unit in Bukit Damansara between 3.10pm and 4.30pm on June 26, 2008.

Anwar’s counsel Karpal Singh had told reporters that with this ruling, Anwar could not file his nomination papers for the Kajang state seat by-election this Tuesday. Polling is scheduled for March 23.

Malaysia Sodomy Case Flawed from Day One

The charges against Anwar seemed cooked up and malicious, but government prosecutors
pressed ahead anyway

Anwar Ibrahim’s Sodomy II trial, which ran almost two years before ending in 2012, was built on flawed evidence, procedural mistakes, tainted witnesses and reports of political collusion with the current prime minister, and was condemned internationally by legal scholars and human rights activists.

He was eventually acquitted for lack of evidence only to have an appeals court reverse that decision, ruling in favor of a government appeal on Friday. He was sentenced to five years in prison but is free on bail pending appeal. Homosexuality is illegal in Malaysia.

The sudden reversal on Friday shocked political observers and the general public.

Sordid and Unbelievable
The story began on June 28, 2008 when a then-24-year-old aide, Mohd Saiful Bukhairy Azlan, made the sodomy accusation against Anwar, who had led the three-party Pakatan Rakyat coalition to a historic sweep of five Malaysian states, winning 82 parliamentary seats in general elections and breaking the ruling Barisan Nasional coalition's two-thirds majority hold on parliament.

Despite an offer to appear voluntarily at the police station to deal with the charges, the opposition leader was arrested at his home on July 16 of that year by a contingent of 10 carloads of police commandos and was locked up overnight in a Kuala Lumpur jail.

The trial, which began in February 2010, was marred by the introduction of a mountain of questionable evidence, egregious prosecutorial errors and a long series of prejudicial rulings by High Court Judge Mohamad Zabidin Mohamad Diah.

From the very beginning, doubts began to surface. To start with, Saiful belatedly sought to get doctors to certify that he had been sodomized 48 hours after the alleged encounter. Records showed he first went to a private hospital where a doctor found no evidence of penetration and told him to go to a government hospital. At the first government hospital, doctors also told him they had found no evidence of tearing or scarring that would have indicated his anus had been penetrated. He was forced to go to a third government hospital where he finally found a physician willing to say the act had taken place.

Political connections
Saiful acknowledged in court that he had met with then-Deputy Prime Minister Najib Tun Razak and his wife, Rosmah Mansor, on June 24, 2008, two days before the alleged sodomy took place and on other occasions with Rosmah's close confidant, the former track star Mumtaz Jaafar. Neither the prime minister nor his wife nor Mumtaz was called to the stand to explain why they met with Saiful.

There were many questions about the DNA, which was allegedly taken from Saiful’s rectum 90 hours after the reported act took place. He claimed not to have eaten, drunk nor gone to the bathroom for that entire period.

The evidence was not refrigerated and was stored in an unguarded police office. Government laboratory technicians testified that as many as 11 different DNA traces had been found in Saiful’s rectum. At one point Zabidin ruled that the DNA was too doubtful to be admitted, only to have the prosecution appeal, at which point the judge reversed himself, leading to charges he had been coerced.

There were even questions whether Saiful had actually met with Anwar on the date he allegedly was sodomized. Although cameras showed him in the lift of the building where the offence allegedly took place, Anwar said he was meeting with a group of economists in the condo at the time and that Saiful had not appeared in the room.

Saiful also acknowledged meeting secretly twice with Rodwan Mohd Yusof, a senior assistant police commissioner, before the alleged offense took place. Rodwan became famous, or infamous, in Anwar's 1998 Sodomy I trial when he was found to have illegally removed Anwar's DNA samples from forensic custody and planted them on a mattress allegedly used by Anwar for a homosexual dalliance. To protect the integrity of the prosecution's case, the presiding judge, Augustine Paul, expunged the entire DNA evidence at the time.

Saiful testified that on the day he allegedly met with Anwar, he had taken lubricant with him to Anwar’s condominium – hardly the act of an innocent aide who had no idea that the then 63-year-old Anwar was about to jump him for unnatural sex.

It also became known during that Saiful was having a sexual liaison with Farah Azlina Latif, a female member of the prosecution team, which might have further disqualified him as a complaining witness.

The family apologizes
Saiful’s father, Azlan Mohd Lazim in March 2013, apologized to Anwar at a press conference and said the plot to have Anwar arrested was cooked up in Najib’s office. He said his son had been used by "irresponsible quarters" and that statements that both he and his son gave to the press during and after the trial were written by his lawyer and a special officer in Najib's office.

"Anwar is innocent and a victim of this slander... as such I apologize to Anwar and his family," Azlan said in a printed statement." He and his family have suffered a lot as a result of this slander. I deeply regret all the slander hurled against Anwar, which involved my son Saiful Bukhairi."

The case "was planned in great detail by a special officer in the PM's Department," Azlan said. "Even the script I read during the press conference after Anwar's sodomy acquittal last year was prepared by this officer."

His son, he said, "has never explained the sodomy incident and the accusation to me. I was never called as a witness in the case. I was never called by any party to offer my statement as the father from the start to the end of the trial."

Although he was always seen accompanying his son during the trial, Azlan explained that he did so simply as a father who was giving moral support. Azlan said he decided to make his statement after collecting information obtained during the trial, as well as that sent to him by the public.

"As a Malay and a Muslim, I started to realize the evil of this plan. I don't want to continue to conspire with this malicious slander. I want the people who love this country to know their malicious intention," he said. "If this malicious intention continues, not only the Malays and Muslims would be destroyed, but the nation would be destroyed as well. I do not want to see this happen."

National Harmony Bill may be renamed

Law minister Nancy Shukri says that the National Harmony Bill is still being drafted by the government and may be renamed.
UPDATED

Nancy ShukriKUALA LUMPUR: The National Harmony Bill will not be tabled at the Parliament seating next week, said Minister in the Prime Minister’s Department Nancy Shukri today.

Speaking after attending a function at the MIC headquarters, the law minister said that the bill is still in the process of being drafted and may be renamed.

“To be honest it is a lengthy process. Even today I met the Bar Council to discuss the bill. We want their views to be taken into account before tabling the bill.

“It is a very important bill. So it is better to take time to draft a bill with more positive elements and not look draconian, ” she said.

Her statement however contradicted an earlier statement made on October 23, where Nancy was reported to have said that the National Harmony Bill was sent to the Attorney General’s Chambers for scrutiny.

In July 2010, Prime Minister Najib Tun Razak announced that the government would repeal the Sedition Act 1948 and replace it with the National Harmony Act, under the Government’s Transformation Plan.

He said the new Act will safeguard the right to freedom of speech while protecting national unity by preventing incitement of religious or ethnic hatred.

Nancy also said the government would not tabling the amendment to the Bankruptcy Act 1967 in the next parliamentary session.

The amendment will provide several alternative provisions so that creditors can get back their money based on the insolvency legal framework such as “individual voluntary arrangement” and “debt repayment scheme.”

On proposed legislations that would be tabled next week, Nancy said her ministry would be tabling an amendment to the Judges’ Remuneration (Amendment) Bill 2013, which would allow a slight increment of pension for judges.

“There are also some other bills we will table during the parliament session but I can’t say anything further, ” she said.