Sunday 15 February 2015
Terrorism Expert Predicts a Record 15,000 Terror Attacks Around the Globe in 2014
(CNSNews.com) – At a House Armed Services Committee hearing on Friday focused on the threat posed by the Islamic State in Iraq and the Levant (ISIL), William Braniff, executive director of the National Consortium for the Study of Terrorism and Responses to Terrorism (START) at the University of Maryland, said he expects the number of terror attacks in 2014 to number a record 15,000 when all the data is collected.
“When START releases the full Global Terrorism Database dataset for 2014, we anticipate it will include over 15,000 terrorist attacks - a vast increase from 2013, which was already the most lethal and active year for global terrorism in the dataset, which dates back to 1970,” Braniff said in his sworn statement.
Braniff said preliminary data for the first nine months of 2014 (January 1 to September 30) show “nearly 13,000 terrorist attacks killed more than 31,000 people.”
In 2013, there were 8,500 terror attacks that killed over 22,000 people, Braniff said.
Braniff also testified that radical Islamists are responsible for the majority of the attacks and deaths, which mostly take place in majority Muslim countries.
“Approximately 50 percent of the terrorist attacks and 47 percent of fatalities in the first nine months of 2014 occurred in just three countries – Iraq (approx. 3,200 attacks/8,950 fatalities), Pakistan (approx. 1,705 attacks, 1,690 fatalities), and Afghanistan (approx. 1,410 attacks/4,300 fatalities).”
Braniff continued: “Based on data from the last several years, it is clear that groups generally associated with al Qaeda remain the most lethal groups in the world, and it is their violence that has driven global increases in activity and lethality.
“According to preliminary data from the first nine months of 2014, seven of the 10 most lethal terrorist groups include ISIL, Boko Haram, the Taliban, alShabaab, al Qaeda in the Arabian Peninsula, TehrikiTaliban Pakistan, and Jabhat al-Nusra,” Braniff said.
“Given this reality, it is even more alarming to note that ISIL conducted more attacks than any other terrorist group, including all other groups associated with AQAM in the first nine months of 2014,” Braniff said.
Women defy imam in murdered woman’s funeral, carry the coffin
 |
| Twenty-year-old Özgecan Aslan was a phycology student at Çağ University |
Thousands bid farewell on Feb. 14 to Özgecan Aslan, a 20-year-old woman who was murdered during a rape attempt, in a funeral ceremony held in her hometown Mersin.
Although the imam requested women to step back during the ceremony, hundreds of women attended the funeral prayer on the front lines, while they also carried he coffin of Aslan before and after the prayer.
The burned body of Aslan, who had been missing for two days, was discovered Feb. 13 in a riverbed near Tarsus district of the southern province of Mersin.
Three suspects have been detained for stabbing Aslan to death and later burning her remains. According to their testimonies, the woman was killed when she fought back a rape attempt by the driver of the minibus she took to go home.
Songül Aslan, mother of Özgecan, was devastated.
“I want those who killed an innocent girl to be worse than my daughter,” she told reporters during the funeral ceremony.
“They should be executed, they should be tortured. Özgecan had a wonderful heart, she would work hard, help everyone. I cannot accept that she was massacred when she took a minibus to come home. Is my daughter’s only mistake is to get on a minibus to come home?” she added.
Protests have been held across the country to protest the brutal murder, with the demonstrators carrying photographs of Aslan and other female victims of violence
Gülsüm Sav of the We Will Stop Women Homicides Platform said during a protest in Istanbul that the punishments for the killing of women should be increased.
“The killing of women is not a natural disaster,” she said.
“The politicians should condemn the killings, the punishments should be increased. These are not difficult things to do, but they have not done these for years.”
Meanwhile, Mersin Municipality canceled all events in the province organized to mark Feb. 14 Valentine’s Day.
No political motive in Nurul Nuha leading ‘free Anwar’ campaign, says Wan Azizah
Amid speculation that Datuk Seri Anwar Ibrahim's second daughter Nurul Nuha Anwar may be picked as PKR's candidate to contest the Permatang Pauh by-election, her mother Datuk Seri Dr Wan Azizah Wan Ismail said their daughter was merely heading the campaign to free her father.Dr Wan Azizah, who is PKR president, said when the family launched the campaign to free Anwar three days ago, they wanted someone who was not politically connected or politically motivated to head it.
"So Nurul Nuha is the head of the campaign, which is organised on a humanitarian basis. It is not a political movement, but one done by a non-governmental organisation.
"Speculations always happen... You can always speculate," she told reporters after a Permatang Pauh division meeting at Yayasan Aman in Penanti this evening.
Since Nurul Nuha was chosen to lead the campaign, which was launched three days ago, it has been hotly speculated that she would be picked as PKR's candidate for the by-election once Anwar's Permatang Pauh seat is declared vacant.
Dr Wan Azizah also said the party has not discussed the by-election.
"Anwar is still the MP until the Election Commission disqualifies him. Then, we will have the by-election.
"We are confident that we will continue our struggle. Permatang Pauh is the foundation of our struggle," she said.
On whether Anwar would seek a royal pardon to get out of jail, she said his lawyers were still studying the option.
She maintained that her husband was innocent and seeking a royal pardon would have connotations that he was guilty.
On Tuesday, Anwar’s appeal against his sodomy conviction and five-year jail sentence was dismissed by the Federal Court.
Dr Wan Azizah, who visited her husband at the Sungai Buloh prison yesterday, said Anwar had lost weight after just four days in jail but his spirit remained high.
"He was in great spirit, remarkably. I felt very encouraged... he was thin but when he spoke, he showed he still has his strength and spirit.
"Alhamdulillah. That gives us, our friends and supporters strength too when we know he is okay. It is not easy at his age, or at any age," she said.
Dr Wan Azizah also said Anwar was deeply saddened when told of the death of PAS spiritual leader Datuk Nik Abdul Aziz Nik Mat.
"Nik Aziz helped him and advised him a lot over the years. Anwar said losing Nik Aziz was like losing a shining star in the night sky," she said.
Dr Wan Azizah is due to speak at a tribute ceramah for Anwar tonight at the Seberang Jaya expo site with other Pakatan Rakyat leaders. – February 14, 2015.
Cops seize Zunar’s cartoon books on Rosmah ahead of launch
Police today confiscated copies of cartoonist Zulkiflee Anwar Ulhaque's satire on the prime minister's wife, ahead of its planned launching today in Petaling Jaya.The cartoonist, better known as Zunar, told the crowd gathered for the launch at 10am that police took away copies of the book while they were being transported to the venue at the Taman Jaya lake. The event started three hours late as a result.
He said the police stopped staff of the printing company bringing the books before taking away some 200 copies.
"The books have been confiscated by the police on their way here. Only a few copies are here," he said.
He then told people that they could still buy the books online and started receiving orders.
"ROS in Kangkongland" is a collection of cartoons on Datin Seri Rosmah Mansor.
Zunar said his latest work is dedicated to Rosmah because he was inspired by her.
"This book is about Rosmah, Rosmah is my 'idol'. She gives me a lot of inspiration," he said at the launch.
"Every time she opens her mouth, I'm inspired, whenever she keeps quiet, I don't get any inspiration."
Zunar, whose previous works were banned, is under police investigation for sedition.
He was released yesterday after three days in remand for posting on his Twitter account a critical remark about the judiciary, following the jailing of Datuk Seri Anwar Ibrahim on February 10.
Zunar said that every time he was detained, the printing company that printed his books would also be raided.
When he was arrested earlier this week, the printer of "ROS in Kangkongland" decided to halt work on the book, he said.
The printing company, which he did not name, resumed printing after he was released from remand yesterday.
Zunar said the police's actions would not stop him from continuing his work as a satire cartoonist.
"I will give a clear message to them, that I will never stop. I will continue to fight through cartoons, to overthrow a cartoon government," he said.
He also said he was prepared to be charged since he was already under investigation for sedition.
"I expect this, I'm already prepared for the worst as a political cartoonist in Malaysia when you fight an oppressive government," he said.
Zunar said he expected police reports to be lodged against his new book on Rosmah and that any moves to penalise him for his cartoons would only make Malaysia a laughing stock in the eyes of the international community.
He said the government's actions against him made Putrajaya itself look like a cartoon.
"I hope one day this government will be finally kicked out by cartoonists, because it is a cartoon government."
He said he had drawn cartoons of the judiciary because the courts were "the last defenders of a democratic country".
"If you have an independent judiciary, people still have hope.
"But if you don't have, nobody will protect us anymore," he said.
Also present at the book launch were Batu MP Tian Chua from PKR, and indelible ink whistle-blower, former air force major Zaidi Ahmad.
Zaidi, who was to have launched the book, said Malaysians had to make a stand against an unjust government. – February 14, 2015.
'Quran for non-Muslims may threaten harmony'
R Kannan, who heads an NGO called Respect All Races and Religions Malaysia Movement, said this was because non-Muslims may not know the proper way of handling the Quran.
"We are foreseeing that the free distribution of copies of this holy book will bring more damage than good.
"The recipients may not know the proper way in handling the holy books and will end up disrespecting the books.
"This will cause national uproar (affecting) harmony and peace," Kannan told a press conference in Kuala Lumpur today.
Quran to be translated into Tamil, Chinese...
He cited the example of an untrue allegation that the Quran was burnt in Kedah last November, causing unrest.
Kannan, who read the statement on behalf of a coalition of Indian NGOs, was responding to reports that the Islamic Information an Services Foundation was planning to distribute a million copies of Quran to non-Muslims.
According to The Star, the holy books would be translated into Tamil, Chinese, English and Malay.
Kannan said the distribution of the Quran to non-Muslims could also cause "confusion" if the copies ended up in the hands of children.
"It is against the law to teach, directly or indirectly, as an attempt to convert any underage child without the parents' consent," he said.
He advised parents and their children against accepting a copy of the Quran
Say sorry for ‘bad faith’ on free Qurans, non-Muslim interfaith group told
The Islamic Information and Services Foundation (IIS) secretary-general Sabariah Abdullah described fears that the project was aimed at converting non-Muslims as “ridiculous”, and warned the interfaith group that their remarks were possibly seditious.
“Telling people to adopt defensive, negative, ridiculous and non-progressive attitudes of not even considering a positive move towards establishing a major landmark in interfaith relations in this country is indeed in bad faith and tantamount to ‘hasutan’, under the Sedition Act,” she said at a news conference here.
“We are demanding an apology over the media. We would be appreciative if MCCBCHST makes and immediate amendment to its extreme and cruel remarks,” the IIS representative added.
The interfaith group had accused the project to distribute one million copies of the Quran of being a concerted effort to persuade non-Muslims to abandon their faith, and urged non-Muslims not to accept the translation of the Islamic holy text.
It also dismissed the project’s purported objective to remove misconceptions of Islam, and labelled it a disguised propagation of Islam and in “bad faith”.
The group further said the Quran should not be distributed so freely as the copies might be disrespected, and some Muslims might find it blasphemous to see non-Muslims owning those translated copies of Quran.
It also warned Muslims that propagation of religion by inducements or other pretexts may amount to an offence under Section 298A of the Penal Code.
Responding to this, Sabariah maintained that IIS’s efforts was not an offence under the Penal Code.
“It may to some people smell like ‘hasutan’, crudely rejecting an honest invitation to examine the very source if a Muslim’s beliefs and commitment, all in the name of enhancing the spirit of muhibbah.
Sabariah pointed out that Bibles were readily available in some hotels in Malaysia, and questioned MCCBCHST whether this should also be considered an offence under Section 298A.
“So what do we make of Bibles in hotel rooms all these years? That can be easily interpreted as an inducement under the pretext of providing for the need of hotel guests of Christian faith,” she added.
Racial and religious tensions have simmered for the past few years as Muslim groups accuse Christians of trying to convert Muslims with their insistence on referring to God as “Allah”, while Christian groups complain of Bumiputera Christians in Sabah being duped into embracing Islam.
Proselytisation of non-Islamic religions to Muslims is an offence in Malaysia, but not vice versa.
MIC crisis: Najib to step in
Barisan chairman to meet MIC leaders 'one more time'
FMT
KUALA LUMPUR: With the MIC heading for a confrontation with the Registrar of Socieites over party elections, Barisan Nasional chairman Najib Tun Razak has said he will meet MIC leaders over the next few days.
Surprisingly, he mentioned only deputy MIC president S Subramaniam when reporters asked if he would meet the MIC president G Palanivel.
“On tomorrow, Monday or Tuesday, with Datuk Subramaniam, one more time,” he was quoted as saying by Star Online.
Sinar Harian, however, said he would meet both Palanivel and Subramaniam, for a second meeting with the MIC leaders.
Earlier today Palanivel had demanded that the Registrar of Societies withdraw a series of letters issued to the party since December and to adopt the proposals that he had submitted.
The registrar had nullified the party elections of November 2013 and ordered fresh elections for the central working committee and three vice-presidents.
Last week, however, the registrar had named an interim central working committee to run the party’s affairs and conduct the elections, and had also ordered fresh elections for the party presidency and deputy presidency. Palanivel and Subramaniam had been elected unopposed to their posts in November 2013.
Palanivel, saying the registrar had acted against the MIC constitution and the Societies Act, gave the registrar a deadline of 5pm on Tuesday to withdraw his letters.
FMT
KUALA LUMPUR: With the MIC heading for a confrontation with the Registrar of Socieites over party elections, Barisan Nasional chairman Najib Tun Razak has said he will meet MIC leaders over the next few days.
Surprisingly, he mentioned only deputy MIC president S Subramaniam when reporters asked if he would meet the MIC president G Palanivel.
“On tomorrow, Monday or Tuesday, with Datuk Subramaniam, one more time,” he was quoted as saying by Star Online.
Sinar Harian, however, said he would meet both Palanivel and Subramaniam, for a second meeting with the MIC leaders.
Earlier today Palanivel had demanded that the Registrar of Societies withdraw a series of letters issued to the party since December and to adopt the proposals that he had submitted.
The registrar had nullified the party elections of November 2013 and ordered fresh elections for the central working committee and three vice-presidents.
Last week, however, the registrar had named an interim central working committee to run the party’s affairs and conduct the elections, and had also ordered fresh elections for the party presidency and deputy presidency. Palanivel and Subramaniam had been elected unopposed to their posts in November 2013.
Palanivel, saying the registrar had acted against the MIC constitution and the Societies Act, gave the registrar a deadline of 5pm on Tuesday to withdraw his letters.
Hindraf: Lift ban at all Mara colleges
Restriction on non-Muslim activities against Constitution
FMT
GEORGE TOWN: Hindraf wants the Education Ministry to lift a ban on non-Muslim religious activities at all Mara junior science colleges and other Mara-operated institutes throughout the country and not just in Sarawak.
Hindraf leader P Waytha Moorthy said that the current religious ban had violated the Federal Constitution and made a mockery of the fundamentals of 1Malaysia concept advocated by prime minister Najib Abdul Razak.
The Federal Constitution stated clearly that: “Without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the grounds only of religion, race, descent or place of birth.”
Lifting the ban across the country would conform to the spirit of co-existence in Malaysia’s multi cultural and religious society, he said.
“If the government is sincere in promoting harmony and stability, such restriction should be lifted across the nation for all MRSM and all institutes currently being operated by Mara in Malaysia. The religious ban is unconstitutional and does not augur well for multi-ethnic composition of the country,” said Waytha Moorthy in a statement here today.
On Friday deputy prime minister and education minister Muhyiddin Yassin ordered Mara to immediately revoke all regulations banning non-Muslim religious activities in all its campuses in Sarawak.
Mara has 45 junior colleges, but Waytha Moorthy said it was schocking that Muhyiddin had restricted the repeal to only Clause 9 of the Additional Regulation (for non-Muslim students) listed in the MRSM student guideline.
He said the Education Ministry decision to select only Sarawak for exemption clearly was in breach of the entrenched constitutional rights of non-Muslim students in Mara colleges elsewhere in the country.
Malaysia’s unitary system should have a standardised set of regulations for the betterment of the community, he said. “It should not adopt a selective process in fear of political repercussions as seen in the case of Sarawak,’ said the Hindraf national chairman.
GEORGE TOWN: Hindraf wants the Education Ministry to lift a ban on non-Muslim religious activities at all Mara junior science colleges and other Mara-operated institutes throughout the country and not just in Sarawak.
Hindraf leader P Waytha Moorthy said that the current religious ban had violated the Federal Constitution and made a mockery of the fundamentals of 1Malaysia concept advocated by prime minister Najib Abdul Razak.
The Federal Constitution stated clearly that: “Without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the grounds only of religion, race, descent or place of birth.”
Lifting the ban across the country would conform to the spirit of co-existence in Malaysia’s multi cultural and religious society, he said.
“If the government is sincere in promoting harmony and stability, such restriction should be lifted across the nation for all MRSM and all institutes currently being operated by Mara in Malaysia. The religious ban is unconstitutional and does not augur well for multi-ethnic composition of the country,” said Waytha Moorthy in a statement here today.
On Friday deputy prime minister and education minister Muhyiddin Yassin ordered Mara to immediately revoke all regulations banning non-Muslim religious activities in all its campuses in Sarawak.
Mara has 45 junior colleges, but Waytha Moorthy said it was schocking that Muhyiddin had restricted the repeal to only Clause 9 of the Additional Regulation (for non-Muslim students) listed in the MRSM student guideline.
He said the Education Ministry decision to select only Sarawak for exemption clearly was in breach of the entrenched constitutional rights of non-Muslim students in Mara colleges elsewhere in the country.
Malaysia’s unitary system should have a standardised set of regulations for the betterment of the community, he said. “It should not adopt a selective process in fear of political repercussions as seen in the case of Sarawak,’ said the Hindraf national chairman.
Lawyers demand special care for Anwar
Opposition leader 'no ordinary convict but a prisoner of conscience'
FMT
KUALA LUMPUR: Lawyers for opposition leader Anwar Ibrahim, describing him as a prisoner of conscience, have rejected government assertions that he would be treated like any other convict while in prison.
N Surendran and Latheefa Koya said the conviction and jail sentenced imposed on Anwar had been heavily criticised, and the governments of major countries had stated their disapproval.
To most Malaysians the jailing of Anwar Ibrahim was a wrongful and repugnant act and the Barisan Nasional ignored this at its own peril, they said in a statement today.
“Anwar must be treated as a ‘prisoner of conscience’, and not as if he were an ordinary convict. Even the Burmese military regime placed Aung San Suu Kyi under house arrest, and did not send her to an ordinary jail. At the very least, Anwar Ibrahim deserves the same treatment.”
They said no one was convinced by the ostrich-like pretence of Barisan Nasional leaders that this case is no different from any other ordinary criminal case.
Malaysia’s international reputation was taking a heavy beating, and as a trading nation, the country could not afford to ignore world opinion, they said.
KUALA LUMPUR: Lawyers for opposition leader Anwar Ibrahim, describing him as a prisoner of conscience, have rejected government assertions that he would be treated like any other convict while in prison.
N Surendran and Latheefa Koya said the conviction and jail sentenced imposed on Anwar had been heavily criticised, and the governments of major countries had stated their disapproval.
To most Malaysians the jailing of Anwar Ibrahim was a wrongful and repugnant act and the Barisan Nasional ignored this at its own peril, they said in a statement today.
“Anwar must be treated as a ‘prisoner of conscience’, and not as if he were an ordinary convict. Even the Burmese military regime placed Aung San Suu Kyi under house arrest, and did not send her to an ordinary jail. At the very least, Anwar Ibrahim deserves the same treatment.”
They said no one was convinced by the ostrich-like pretence of Barisan Nasional leaders that this case is no different from any other ordinary criminal case.
Malaysia’s international reputation was taking a heavy beating, and as a trading nation, the country could not afford to ignore world opinion, they said.
Justice and truth in Anwar’s case
Anwar did not have to prove his innocence; it was for the prosecution to prove his guilt beyond reasonable doubt.
FMT
By Gerard Lourdesamy
anwar trampledAfter 22 years at the Bar, I have never failed to be amazed by the development and exposition of the law by our superior courts. Their ingenuity and diligence ought to be commended. Their decisions deserve respect not least because of their consistency and predictability.
The judgment of the Federal Court in Anwar Ibrahim’s final appeal against his conviction for sodomy comes as no surprise to many of us.
The purpose of a criminal trial is to do justice. The role of the prosecutor is not to seek a conviction at all costs but to ensure that justice is done to both the victim and the accused. The process has to be fair and impartial. The golden thread that runs through our system of criminal justice is the presumption of innocence. The accused does not have to prove his innocence. It is for the prosecution to prove the charge beyond a reasonable doubt. The benefit of any doubt must be given to the accused. But the doubt must be a rational and not improbable doubt.
Consent is not required for a charge under Section 377A of the Penal Code, implying that this section deals with cases of consensual unnatural sex. Section 377C of the Code deals specifically with unnatural sex without consent and by implication it may involve some element of force or violence. That is why a heavier penalty is imposed by this section on offenders.
Anwar was charged under Section 377A read together with Section 377C. The complainant Saiful Bukhari swears that Anwar his employer had sodomized him on more than one occasion prior to the incident that was the subject of the charge. A form of lubricant was allegedly used on these occasions and it was the complainant who brought this lubricant for use during their sex acts. They worked in the same private office and spent much time together. Anwar bought expensive presents for his presumed lover and there was a great deal of affection between them. They both behaved normally despite their personal and intimate relationship that had gone on for some time.
But suddenly, the strident, handsome, well built six-footer felt ashamed for himself and his family, degraded and used by Anwar, and instead of going to the police or a rape counsellor, he chose to go and see a slew of politicians, including the then deputy prime minister and his wife, his former political secretary and a senior police officer. Is this the normal behaviour of a rape victim or someone who claims to have been sexually molested and assaulted by his employer? Do all victims of sexual offences in Malaysia have access to senior politicians at their homes?
Why did Saiful keep quiet for weeks or months about the alleged sexual assaults by Anwar? Why continue to work for Anwar despite the assaults? Why visit the deputy prime minister to complain about Anwar and then return to work for him knowing that he may be sexually assaulted again? Is it reasonable for Saiful to only become brave after meeting the deputy prime minister and then allow himself to be sexually assaulted by Anwar for one last time before going to the hospital and police for help? How do we know that Saiful was not a jilted lover, angry and dejected at being spurned by his boyfriend?
By any stretch of the imagination, Saiful cannot but be an accomplice. He was complicit in the alleged sexual acts and he never complained until after the last incident. And even then he remained for tea after the vicious attack and turned up for work the next day and even attended party functions. Is this the reasonable behaviour of a victim of a sexual crime?
Political idol
Anwar is charismatic, but one cannot be so naive to the point that even after being sexual assaulted repeatedly one can still remain in adulation and admiration of Anwar just because he is your political idol. This in itself is incredible if not implausible and our incredulity is compounded further by Saiful’s previous hatred for Anwar and the opposition. His sudden conversion as an acolyte of Anwar even surpasses that of Saul on the road to Damascus.
And yet he was found to be credible. Credibility is not determined by being consistent in a mechanical and methodical fashion. A witness can be coached to look and sound credible by experts in the art of court proceedings. Minute details derived from the sex acts may seem credible, but they can also be recalled with great precision and accuracy if one is subjected to a daily dose of unadulterated pornography. That is hardly the ring of truth, even less so if the sex was consensual. Most persons enjoy good sex. Therefore, their recollections of it can also be very detailed and convincing.
An objective and independent evaluation of the evidence would show that the sex was consensual and Saiful was nothing but an accomplice until the very end. The political conspiracy arose as a result of his mysterious supplications to the deputy prime minister and other important players for liberation from the sexual predator, Anwar. But the evidence that could have been obtained from these witnesses elicited under cross-examination was denied to Anwar by the trial judge on the grounds of relevance when these personalities successfully contested and set aside the subpoenas issued against them. How then do you expect the accused to prove the existence of the conspiracy to destroy him politically and socially if this opportunity was denied him? How does one substantiate an allegation if the opportunity is denied by the trial court? How then can one conclude that the dock statement was a mere denial?
Where was the corroborative evidence from the accomplice? In the Sodomy 1 appeal in 2004, the Federal Court acquitted Anwar because of the danger of convicting on the uncorroborated evidence of an accomplice despite believing that the sexual acts did take place.
To say that the Evidence Act 1950 does not require corroboration in sexual cases is akin to saying that all rape victims must be telling the truth even if they have an incentive to lie. Even if it is a rule of practice, the danger of not having corroborative evidence far outweighs the temptation to do justice to the victim simply on the evidence of the complainant alone.
Was the DNA obtained corroborative evidence? Why did the investigating officer seal the exhibits and then open the envelope to label the exhibits? The Inspector General’s Standard Operation Procedures stipulate that the exhibits be marked first before they are sealed. Why was the opposite done here? The credibility of the investigating officer himself was in doubt because of his slack and unprofessional handling of the evidence that contained the DNA. Leaving the samples at room temperature in a safe in a hot and humid environment for such long hours was certainly not conducive to the preservation of the evidence. But why did he do it?
Tampering
Anything may be possible, but clearly the probability of tampering even in the slightest degree is sufficient to break the chain of control so as to render the evidence doubtful. This is not a fanciful presumption but a plausible conclusion.
If the sex was consensual the DNA evidence means nought. Because the DNA from the semen would still be present in the anus or mouth depending on which orifice was used during the sex act.
The benefit of the doubt must go to the accused and the burden never shifts to the accused to prove his innocence. Beyond a reasonable doubt means being sure, not in absolute certainty, but definitely not a high degree of probability. The latter implies a standard of proof slightly higher than on the balance of probabilities.
The evidence against Anwar was not overwhelming and neither was it conclusive to warrant conviction. The sentence was also manifestly excessive since the offence did not involve force or violence. Since 1957, only seven cases have been prosecuted for sodomy of which two involved Anwar. It is not a common crime, but like all sexual offences notoriously hard to prove. And yet in Anwar’s case the prosecution has succeeded against the odds, which itself is a testimony to the brilliance of the lead prosecutor who may aspire to be the Crown’s principal law officer in the near future.
The victim has rights, but so too does the accused. Human factors are involved that may justify or mitigate the conviction and sentence but the presumption of innocence and the imperative to do justice without fear or favour must permeate the decision making process.
Criticism of judicial decisions or the decision making process should not be equated with contempt or sedition even if robust, provided the comments are temperate, reasoned and justified. Respect for the courts and judges is the cornerstone of the rule of law and of any democratic society that propounds freedom and justice. But decision makers who take the seat of judgment must leave their prejudices, beliefs and self-interests behind, be accountable to God and their conscience and be open to public scrutiny and criticism. Only then can justice and truth prevail.
Gerard Lourdesamy is an FMT reader
By Gerard Lourdesamy
anwar trampledAfter 22 years at the Bar, I have never failed to be amazed by the development and exposition of the law by our superior courts. Their ingenuity and diligence ought to be commended. Their decisions deserve respect not least because of their consistency and predictability.
The judgment of the Federal Court in Anwar Ibrahim’s final appeal against his conviction for sodomy comes as no surprise to many of us.
The purpose of a criminal trial is to do justice. The role of the prosecutor is not to seek a conviction at all costs but to ensure that justice is done to both the victim and the accused. The process has to be fair and impartial. The golden thread that runs through our system of criminal justice is the presumption of innocence. The accused does not have to prove his innocence. It is for the prosecution to prove the charge beyond a reasonable doubt. The benefit of any doubt must be given to the accused. But the doubt must be a rational and not improbable doubt.
Consent is not required for a charge under Section 377A of the Penal Code, implying that this section deals with cases of consensual unnatural sex. Section 377C of the Code deals specifically with unnatural sex without consent and by implication it may involve some element of force or violence. That is why a heavier penalty is imposed by this section on offenders.
Anwar was charged under Section 377A read together with Section 377C. The complainant Saiful Bukhari swears that Anwar his employer had sodomized him on more than one occasion prior to the incident that was the subject of the charge. A form of lubricant was allegedly used on these occasions and it was the complainant who brought this lubricant for use during their sex acts. They worked in the same private office and spent much time together. Anwar bought expensive presents for his presumed lover and there was a great deal of affection between them. They both behaved normally despite their personal and intimate relationship that had gone on for some time.
But suddenly, the strident, handsome, well built six-footer felt ashamed for himself and his family, degraded and used by Anwar, and instead of going to the police or a rape counsellor, he chose to go and see a slew of politicians, including the then deputy prime minister and his wife, his former political secretary and a senior police officer. Is this the normal behaviour of a rape victim or someone who claims to have been sexually molested and assaulted by his employer? Do all victims of sexual offences in Malaysia have access to senior politicians at their homes?
Why did Saiful keep quiet for weeks or months about the alleged sexual assaults by Anwar? Why continue to work for Anwar despite the assaults? Why visit the deputy prime minister to complain about Anwar and then return to work for him knowing that he may be sexually assaulted again? Is it reasonable for Saiful to only become brave after meeting the deputy prime minister and then allow himself to be sexually assaulted by Anwar for one last time before going to the hospital and police for help? How do we know that Saiful was not a jilted lover, angry and dejected at being spurned by his boyfriend?
By any stretch of the imagination, Saiful cannot but be an accomplice. He was complicit in the alleged sexual acts and he never complained until after the last incident. And even then he remained for tea after the vicious attack and turned up for work the next day and even attended party functions. Is this the reasonable behaviour of a victim of a sexual crime?
Political idol
Anwar is charismatic, but one cannot be so naive to the point that even after being sexual assaulted repeatedly one can still remain in adulation and admiration of Anwar just because he is your political idol. This in itself is incredible if not implausible and our incredulity is compounded further by Saiful’s previous hatred for Anwar and the opposition. His sudden conversion as an acolyte of Anwar even surpasses that of Saul on the road to Damascus.
And yet he was found to be credible. Credibility is not determined by being consistent in a mechanical and methodical fashion. A witness can be coached to look and sound credible by experts in the art of court proceedings. Minute details derived from the sex acts may seem credible, but they can also be recalled with great precision and accuracy if one is subjected to a daily dose of unadulterated pornography. That is hardly the ring of truth, even less so if the sex was consensual. Most persons enjoy good sex. Therefore, their recollections of it can also be very detailed and convincing.
An objective and independent evaluation of the evidence would show that the sex was consensual and Saiful was nothing but an accomplice until the very end. The political conspiracy arose as a result of his mysterious supplications to the deputy prime minister and other important players for liberation from the sexual predator, Anwar. But the evidence that could have been obtained from these witnesses elicited under cross-examination was denied to Anwar by the trial judge on the grounds of relevance when these personalities successfully contested and set aside the subpoenas issued against them. How then do you expect the accused to prove the existence of the conspiracy to destroy him politically and socially if this opportunity was denied him? How does one substantiate an allegation if the opportunity is denied by the trial court? How then can one conclude that the dock statement was a mere denial?
Where was the corroborative evidence from the accomplice? In the Sodomy 1 appeal in 2004, the Federal Court acquitted Anwar because of the danger of convicting on the uncorroborated evidence of an accomplice despite believing that the sexual acts did take place.
To say that the Evidence Act 1950 does not require corroboration in sexual cases is akin to saying that all rape victims must be telling the truth even if they have an incentive to lie. Even if it is a rule of practice, the danger of not having corroborative evidence far outweighs the temptation to do justice to the victim simply on the evidence of the complainant alone.
Was the DNA obtained corroborative evidence? Why did the investigating officer seal the exhibits and then open the envelope to label the exhibits? The Inspector General’s Standard Operation Procedures stipulate that the exhibits be marked first before they are sealed. Why was the opposite done here? The credibility of the investigating officer himself was in doubt because of his slack and unprofessional handling of the evidence that contained the DNA. Leaving the samples at room temperature in a safe in a hot and humid environment for such long hours was certainly not conducive to the preservation of the evidence. But why did he do it?
Tampering
Anything may be possible, but clearly the probability of tampering even in the slightest degree is sufficient to break the chain of control so as to render the evidence doubtful. This is not a fanciful presumption but a plausible conclusion.
If the sex was consensual the DNA evidence means nought. Because the DNA from the semen would still be present in the anus or mouth depending on which orifice was used during the sex act.
The benefit of the doubt must go to the accused and the burden never shifts to the accused to prove his innocence. Beyond a reasonable doubt means being sure, not in absolute certainty, but definitely not a high degree of probability. The latter implies a standard of proof slightly higher than on the balance of probabilities.
The evidence against Anwar was not overwhelming and neither was it conclusive to warrant conviction. The sentence was also manifestly excessive since the offence did not involve force or violence. Since 1957, only seven cases have been prosecuted for sodomy of which two involved Anwar. It is not a common crime, but like all sexual offences notoriously hard to prove. And yet in Anwar’s case the prosecution has succeeded against the odds, which itself is a testimony to the brilliance of the lead prosecutor who may aspire to be the Crown’s principal law officer in the near future.
The victim has rights, but so too does the accused. Human factors are involved that may justify or mitigate the conviction and sentence but the presumption of innocence and the imperative to do justice without fear or favour must permeate the decision making process.
Criticism of judicial decisions or the decision making process should not be equated with contempt or sedition even if robust, provided the comments are temperate, reasoned and justified. Respect for the courts and judges is the cornerstone of the rule of law and of any democratic society that propounds freedom and justice. But decision makers who take the seat of judgment must leave their prejudices, beliefs and self-interests behind, be accountable to God and their conscience and be open to public scrutiny and criticism. Only then can justice and truth prevail.
Gerard Lourdesamy is an FMT reader
MIC Threatens ROS With Court Action
By R. S. Ratcharathan
KUALA LUMPUR, Feb 14 (Bernama) -- History appears to be in the making
in the MIC as party president G. Palanivel upped the ante in his threat
to take the Registrar of Societies (RoS) to court "to get justice for
MIC".He said if the RoS did not withdraw all its letters to the 69-year-old party before Tuesday, the MIC would not hesitate to take legal action against RoS to get justice for the party.
Palanivel claimed the RoS had contravened the organisation's Act and party constitution.
"I am left with no choice but for MIC to obtain justice from the courts against the grave injustice inflicted by the RoS, with blatant disregard to the law.
"All letters, including those issued on Dec 5, 2014, Dec 31, 2014 and Feb 5, 2015 should be withdrawn before Tuesday (Feb 17)," he told a media conference here today.
Palanivel, who is also natural resources and environment minister said the decision (threatening to take RoS to court) was announced in the Barisan Nasional (BN) supreme council meeting yesterday by MIC secretary-general Datuk S. Sothinathan.
He also stressed the temporary central working committee (CWC) emergency meeting which was held yesterday was invalid. Palanivel claimed four RoS representatives attended the meeting and, according to him, it should not have been the case.
He also denied a claim that Sothinathan's appointment as secretary-general was invalid, as according to articles 46.5 and 49 of the party constitution, "the president has the power to appoint nine CWC members, secretary-general and treasurer-general."
Asked on the party re-election, he said it would be decided after Tuesday and "will wait for the outcome of the court".
To another question, Palanivel, who is also Cameron Highlands member of parliament said he would defend the president's post in the party re-election. Also present at the media conference were Sothinathan and treasurer-general Datuk S. Murugesan.
On Feb 9, Home Minister Datuk Seri Dr Ahmad Zahid Hamidi said MIC, a component party of BN, must hold a new election for all elected posts, between April and July this year to avoid de-registeration.
The crisis surfaced after RoS cancelled the election of three vice-president posts and 23 CWC posts at the party's general meeting in Melaka in November 2013, following complaints of misappropriation.
In a letter dated Dec 5, last year, RoS directed MIC to hold a re-election for the posts in 90 days.
The letter has triggered numerous conflicts among party members until today.
-- BERNAMA
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