Joe Fernandez - It would not have been possible for the Federal Court to give its decision today, whether for or against the Defence, without giving its reasons in writing. Hence, the need to defer its decision. The Federal Court has to just focus on whether the Defence has managed to convince it that the Court of Appeal erred in facts and erred in law. One point here is whether the balance of probabilities should have been used as the Test of the Burden of Proof just because Anwar gave a statement from the dock. Anwar had to do this as his entire alibi, 13 or 14 of them, had evidently been compromised by the police. The police actions, including holding Anwar overnight for no rhyme or reason, the three items in the cell – Good Morning Towel, tooth brush, water bottle – Jude cutting open the samples and sealing them again, the reports by the Government chemist, the COA discounting the foreign subject matter experts, and Shafee carrying on in Court as if he was a subject matter expert on DNA, among others, have all compromised the prosecution’s case. In criminal cases, the Test used is beyond reasonable doubt. Here, the prosecution as the party laying the charges has to prove its case. It’s not for the accused to prove his innocence. Here, Shafee was wrong when he told the Federal Court that Anwar, if he’s really innocent, should have his DNA tested abroad and make the results available to the Court. This is the most ridiculous thing that I have ever heard in Court Conspiracy 1 The Court of Appeal rushed to judgment on Sodomy 2 at the time of the Kajang move. The rest is history. Conspiracy 2 Some have speculated that it was necessary to have a verdict in, obviously a guilty verdict, before the Umno General Assembly in late Nov. This is yet another indication that the Sodomy II charges are politically-motivated and stems from a conspiracy at the highest levels. Conspiracy 3 Another reason supporting the conspiracy theory is that the complainant, Saiful, met with then Deputy Prime Minister Najib Abdul Razak at his office and house besides calling up high-ranking police officers and meeting with him. Mahathir, with the Umno Supreme Council in his pocket, got rid of Badawi so that Sodomy II could go ahead. Conspiracy 4 The 3rd reason supporting the conspiracy theory is that Anwar was charged with Sodomy I but the guilty verdict was overturned on appeal. Conspiracy 5 The 4th reason supporting the conspiracy theory is that the AG knew this case involved talking a lot of nonsense in Court to provide material for Utusan Malaysia and TV3, as Anwar himself has pointed out. The AG could not be mouthing all this nonsense without making a laughing stock of himself and bringing the AG’s Chambers into public disrepute. Conspiracy 6 From Sodomy 1 to Sodomy 2, Anwar is the only one to have been charged for this alleged offence. Conspiracy 7 Anwar’s claim that Sodomy II would be dropped if he retires from politics. Conspiracy 8 If Anwar is charged with contempt of Court for his remarks in Conspiracy 7. Conspiracy 9 If Anwar is charged under the Sedition Act.
Posted on: Fri, 07 Nov 2014 23:02:15 +0000
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