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The MALINDO DEFENCE Daily

Tuesday, April 13, 2010

40 Reasons why the Sodomy Charge against Anwar is too Ridiculous to Believe




Commentaries: from the 40 Dalils, can we all assume that the Sodomy act was actually consensual ?  is this true ? Anwar Ibrahim did not "rape" that poor bastard but actually had consensual same sex relation with Saiful Bahari ? 







By Malaysian Spring
It seems a simple enough plan. Get a willing pro-Umno young man. Stick him in Anwar’s office and let him get close to Anwar. Then have him accuse Anwar of sodomy. The police, the judiciary and the government machinery will do the rest. This will put Anwar out of the political scene for good and he will never threaten Umno’s power again.
But something happened on the way to the courthouse. The public is not buying this story. Too many holes have appeared until the whole rickety structure of deceit has all but collapsed. No doubt there are a few clueless souls in Umno trying to maintain this ridiculous charade but they are flogging a dead horse. They only succeed in earning the contempt of the people.
Saiful made many mistakes before and after the alleged act by failing to conceal his movements and being an incredibly lousy actor.  Perhaps he thought playing the victim isn’t important as the powerful players behind him will take care of everything. But there’s a limit to how much idiocy the public can take. A real victim of forced sodomy or male rape does not appear smiling and waving to the press in public as if he’s damn proud of it.
It all looks like a hastily conceived, bumbling, incompetent and ill-thought out plot. So here are 40 reasons why the sodomy charge against Anwar is too ridiculous to believe.
The Charge
1.     The charge of consensual sodomy is structurally flawed as it does not a tally with Saiful’s public stance of forced sodomy for which he has already sworn on the Koran.

2.     The government has absolutely no interest in prosecuting consenting gays so why the sudden interest in prosecuting Anwar for alleged consensual sodomy? How about all the gay activities going on under the nose of the authorities in the seedy streets of KL? Nobody has been prosecuted for consensual sodomy since independence except Anwar and his alleged partners in Sodomy I.

3.     Why isn’t Saiful prosecuted as a consensual partner? Shouldn’t he be at least prosecuted for indecent behaviour against the order of nature for allegedly bending over out of his own free will?
Saiful’s behaviour
4.     Claimed to be have been sodomized a total of eight (8) times. Why did he tolerate it for so long? To keep his RM1000 a month job? What can he possibly fear from an opposition leader who holds no influence in government?

5.     Despite being a 24 year old big strapping youth, this lowlife claimed he was sodomized against his will by a 62 year old man with bad back. How ridiculous can you get?

6.     Made a police report 2 days after the alleged incident. Was he waiting to see if he was pregnant?

7.     Went to work as usual next day and was seen walking straight.

8.     Attended a function at Anwar’s house in the evening with Anwar present and served coffee to the guests. Would a rape victim do that?

9.        Sent a friendly quit e-mail to Anwar that he was resigning because he was lazy and incompetent. No mention that he couldn’t take the sodomy.

10.   Show no sign of being victimized and traumatized. Smile and wave to press after he made his police report. Looks proud to be a victim of male rape.

11.   Met and photographed with senior officers in DPM dept a few months before the alleged incident. Claimed to have gone there to apply scholarship but the DPM Dept is the wrong place to go for scholarship. Why all the lies?

12.   Met Najib who was Deputy PM at his official residence 2 days before the alleged incident. Najib at first denied the meeting, later claimed Saiful wanted a scholarship? Is the Deputy PM so easy to access? Why would college dropout need scholarship?

13.   In a final twist Najib said he advised Saiful who was traumatized to lodge a police report. But this was before the alleged act!

14.   Met police office SAC Rodwan in Room 619 of Concorde Hotel Shah Alam 1 day before the alleged incident. Were they discussing scholarship?

15.   Saiful’s god mother Mumtaz Jaafar is a close friend and ‘bag lady’ of Rosmah Mansor, Najib’s wife. It is widely believed that the plot was hatched by Rosmah and Najib.

16.      Known to be a rabidly pro-BN while in college.

17.      Went to Pusrawi hospital to get a medical examination and told the doctor that he had been sodomized by a plastic object. The doctor said he looked and behaved normally. Why didn’t he go straight to the police?

18.      Went to mosque to swear that Anwar sodomized him against his will during the Permatang Pauh by-election so that BN can make political capital out of it.

19.   Must be the most publicity hungry rape victim in the world, male or female, bar none!
Police & prosecution
20.   Why are huge resources and manpower devoted to this case as if consensual sodomy is the most heinous crime in the country, worse than the murder of a Mongolian woman? How does an alleged consensual partner in sodomy suddenly become a victim for whom the whole apparatus of government must be marshalled to seek “justice?” Tie this with no. 2 and see if you can make any sense.

21.   A copy of the police report was given to Anwar only after he had been questioned by police and after much pestering by his lawyers. Usually a suspect should be given a copy of the police report before taking his cautioned statement to prevent him unwittingly incriminating himself. Why was this procedure not followed? Did the police upset the procedure to design the charge and fabricate the police report to fit in with Anwar’s movements?

22.   Why was Anwar unnecessarily held overnight in jail cell when he could have been released on the same day? The next morning he was asked a few perfuntionary questions and released. But it was revealed that his jail cell was carefully swept by forensic after his release. Were they looking for traces of his DNA?

23.   Anwar was asked to give a blood sample during the medical examination but he refused. After that Umno leaders made public calls for him to give a sample. Why such a tussle to get Anwar’s blood sample with no safeguards whatsoever? In view of the fact that his blood sample had been planted on a mattress in sodomy I, why should Anwar make it so easy for them?

24.   After Anwar refused to give his blood sample a new DNA Identification Bill was proposed in which the police are allowed to forcibly take blood sample from any suspect, custody of DNA samples will be managed by the police, the accuracy of DNA evidence cannot be challenged and the judge must consider DNA evidence to be conclusive. The Home Ministry wanted to rush this bill through parliament. Do you smell a rat here? Thankfully this DNA Identification Bill has not been passed into law yet after much opposition.

25.   The prosecution fought tooth and nail to transfer the case from the Sessions Court to High Court without giving any creditable reason. If they have real evidence they could have convicted Anwar in any court under any judge so why the lengthy fight to transfer the case as if their whole case depends on who hears it?

26.   The prosecution also fought all the way to the Federal Court to deny giving Anwar document necessary for his defence according to the Criminal Procedure Code, not even most basic list of witnesses. Why such unbecoming and sordid loser behaviour if they have a real case with real evidence?

27.   In any sexual offence where penetration is a crucial factor no prosecutor will proceed without favourable medical evidence. In this case the prosecution decided to proceed with unfavourable medical evidence (see no.28 & 29). Were they depending on a compliant judge? (see no. 25)
Medical
28.   A medical report by Dr. Mohamed Osman of Pusrawi Medical Centre, a Burmese expatriate doctor with 30 years experience certified that Saiful rear orifice had never been penetrated.

29.   A separate medical report by 3 specialists at Hospital KL also confirmed that Saiful is an anal virgin.

30.   The prosecution claimed that they have DNA sample extracted from Saiful’s rectum which incriminate Anwar but experts say that this environment is very hostile to semen and prone to contamination. It is unlikely that any usable DNA can be found after 2 days.

31.   The prosecution refused to give Anwar a DNA sample for independent verification so any claim of positive identification is just the word of the government chemist against his.

32.   The prosecution cannot prove that the DNA sample in question was actually extracted from Saiful’s rectum although they claim it.

33.   The possibility exists that any DNA sample may have been spiked with Anwar’s DNA collected covertly. (see no. 22 and 23)
Anwar’s Personal Life
34.   Anwar is 63 year old grandfather with 6 children and a loving wife. Would a homosexual person father 6 children and have a close relationship with his wife?

35.   If Anwar’s sexual inclination is true then where are the other partners? Why has nobody come out of the woodwork to claim a relationship with him? Anwar’s associates who were convicted of sodomy with him all repudiated their confessions as extracted under torture the moment they were released.

36.   Anwar had just led the opposition to stunning gains at the March 2008 polls and was plotting to take over the Federal government by engineering defections. Why would Anwar risk everything for this college dropout? If indeed his lust is so great, ther must be many others so where are the other partners?
Testimony during trial
37.      Claimed Anwar was his idol but his college mates say he hated Anwar’s guts.

38.      Claimed he was shocked and disgusted by Anwar’s indecent proposal by still took a shower and prepared himself. So was it consensual or was it against his will as he has sworn in a mosque?

39.      The prosecution produced a tube of KY jelly. Did Saiful come prepared with KY jelly? If it belonged to Anwar wouldn’t it be taken back by Anwar?

40.      Claimed did not pass motion for 2 days in order to hold the vital evidence in his rectum. How heroic. Wouldn’t it be easier to just go to the police immediately? Didn’t he wash the KY jelly from his rear orifice?

More is coming. We haven’t come to the cross-examination of Saiful yet!


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