Malaysian top news headlines

Family members and the public will have to wait for at least a fortnight before eight suspects detained in connection with the brutal murder of millionaire businesswoman Sosilawati Lawiya and three others are charged in the court.

Sources close to the investigation and prosecution teams revealed that thus far only the mystery of the murder victims’ disapperance has been answered.

Now it’s all about gathering evidence, drafting the charges and successfully prosecuting the case.

“The most difficult part is ensuring justice is meted out fairly, not only to the victims’ families but also to the suspects arrested in connection with the case,” a source said.

The prosecution, he said, had narrowed down eight suspects to two groups, with the first group likely to be charged under Section 302 and 304 (a) or 304 (b) of the Penanl Code for murder and manslaughter.

A 41-year-old lawyer and his younger brother have been identified as the main suspects.

Two others are likely to face charges under Section 302 which carries the mandatory death sentence, while the rest might face lesser charges.

“More than one person were directly involved in the murders and we need to be very careful and thorough in drafting the charges so that no one walks free at the end of the prosecution’s case.

“We should akso respect the fundamental rights of an individual as provided for in our justice system, where a suspect is presumed innocent until proven otherwise.

“We are not going give in to any sort of public pressure,” said a police officer close to the investigation team.

On Sept 12, Bukit Aman CID director Mohd Bakri Zinin confirmed that four suspects, including a woman, aged between 19 and 54, had confessed to the killing of Sosilawati, 47, her driver Kamaruddin Shansudin, 44, a CIMB branch officer Noorhisham Mohammad, 38, and lawyer Ahmad Kamil Abdul Karim, 32.

Air-tight case

Asked why the delay in charging the suspects, a source close to the prosecution said chemistry and DNA reports are very critical in completing the investigation papers.

“What we have thus far is confessions from the suspects. We need scientific evidence and the law is very clear on this where cautioned statetments alone are not enough to get a conviction,” the officer added.

He said that in the past, in several high-profile cases, suspects walked free merely on technical grounds.
“This case is an extraordinary one where they had killed four people at one go and also confessed to killing several others.

“We need to probe further to build an air-tight case. We can’t do that without forensic evidence, which is a key element of our justice system,” added the officer.

He said it would take at least another a week before police could obtain all the vital information from the relevant departments.

Meanwhile, the men currently detained at the Dang Wangi district police station are expected to be handed over to the Kuala Langat (Banting) district police where several missing persons’ reports have been lodged against the suspects.

In a related development, police obtained a week’s extension of the remand order to facilitate their investigations against the prime suspect and four others.

Police are expected to obtain a similar order against three other suspects tomorrow.

courtesy of FMT

It is harder to prove forced sodomy (Anwar is 63 years old, no physical match for Saiful), but the prosecution cannot give themselves an easier job by framing a charge which is not based on reality.

Let see what other people are saying about this issue.

Cala: Whether the sodomy was the result of consensus reached between two adults, and whether it was the first time that happened (I assume it was), Karpal Singh should ask Mohd Saiful Bukhari Azlan closely and in great detail.

Saiful, if he is honest, would remember every step of Anwar’s purported sexual advances. On the other hand, if Saiful is less than honest, he would contradict himself at every turn.

Md Imraz Ikhbal: The argument put forth by the prosecutor that it is the prosecution’s prerogative to prefer a lesser charge is frivolous and holds no water. You cannot possibly convict a person of a crime he did not commit even though, as the prosecution contends, he is guilty of a more serious crime.

If one was caught red-handed for daylight armed robbery and even if there were incriminating evidence in support thereof, can he, based on such evidence, be legally convicted for fraud or criminal breach of trust (CBT) even though it is less serious than armed robbery?

The glaring contradiction between the charge and the testimony of the prime witness certainly warrants impeachment. But then again, it is plain naive to place much faith in courts privatised to Umno and BN.

Kgen: “It is the prosecution’s prerogative to charge Anwar (under) consensual (sodomy, which) is a lesser offence and (entails lesser) punishment, rather than non-consensual (sodomy), Mohd Yusof argues.”

This is certainly a perversion of justice. The charge must be based on what really happened and nothing else. It is, of course, harder to prove forced sodomy (Anwar is 63 years old, no physical match for Saiful), but the prosecution cannot give themselves an easier job by framing a charge which is not based on reality.

Forced sodomy is untenable, as Anwar cannot possibly have forced himself on Saiful. Hence, the case will be thrown out. Saiful can change his testimony to say consensual sodomy, but he has already sworn in a mosque that it was against his will. He has trapped himself with his lies.

Multi Racial: When one has told the truth, it will be consistent and nothing can change that. But if one lies, then it is going to be difficult for to be consistent, no matter how thorough you are.

The way I look at it, it is impossible to prove beyond reasonable doubt that Anwar sodomised Saiful, but the government can still go ahead with it because politically, they may have gained some mileage over it. In that sense, it is grossly unfair to Anwar and his family.

As for Saiful, I have no pity for him since he allowed himself to be used in the first place.

Wira: If it was non-consensual, Saiful will have to prove that a well-built 25-year-old man was sodomised by a 60-plus-year-old man because he could not fend off the latter’s advances one-to-one. Any honest court would have impeached the witness and thrown out the case by now.

Keturunan Malaysia: I have on more occasions than I can well remember trying to hold on to men and women, for various reasons, from trying to restrain them for doing something stupid or trying to get away after doing something stupid. Try and you will know how difficult it is – even if you are of the same age, height and build as the next person.

I remember on two occasions in faraway foreign lands that I held onto the pick pockets that almost ran away with my friends’ money (to a tune of as much as US$10,000 cash). In the ensuing struggles, they were fearfully aggressive, as if it were a matter of life and death.

Now try picturing a gone-well-over-the-hill man like Anwar trying to pin down a tall and healthy young man like Saiful against the latter’s will, undressing him and get ‘rewarded’ with the right of way to burrow blissfully into the guy’s asshole without leaving any trace of entry… and then equally blissfully deposit semen.

Of course, it can be imagined. But to do so, one needs to have an extraordinarily weird and distorted mind that can stretch from the northern end of Peninsula Malaysia right up to the very edge where our great doctor (Dr Mahathir Mohamad) wanted to build the crooked bridge and Abdullah Ahmad Badaw had to pay the price for not playing ball.

Patriot: Judicial integrity since 1981 until today has been seen to be compromised in favour of those who hold the reins of power. The current sodomy trial is not expected to fare any better than the previous high-profile cases, unless the learned judge is willing to serve justice at all costs, and that is perhaps, an illusionary thought.

Even hardcore criminals have been known to be set free because the judge felt that there was is a shred of reasonable doubt to the evidence presented by the prosecution. Sadly, we may see some manipulation to strengthen the evidence. One does not have to be a lawyer to recognise the flaws and cover-ups.

Yobama: As as I see it, the BN will not rest until Anwar is sent to jail. They will amend the charge as they did in Sodomy I. In that trial, how many times did they amend the charge? I lost track – I only remember that they amended the dates several times when they realised that Tivoli Villa was not ready yet when the alleged crime was committed.

The case judge in Sodomy II should be more independent and just throw the case out the windows. Allah is great and will not allow injustices be perpetuated on His earth.

Ichigo: Why the need to postpone when the answer is so obvious? Saiful told the court, without referring to his police statement, that Anwar had asked for his consent politely if he could “f…” him (although the choice of word seems very unbecoming coming from Anwar).

Did he willingly oblige? If yes, then that’s consensual. Simple as that.

Exhaust Leaked: The solicitor-general II is making the whole lot of the prosecution look like a bunch of idiotic fools. The people will only accept reasonable and factual arguments which are in accordance with the law and in a court of law.

Judge Datuk Azahar Mohamed said, Yassa as plaintiffs in this case does not show evidence of damage suffered results using detailed information on the license used by Jimmy Yassa World for the production of mineral water brand “Mawi World”. “The reasons that I have no other choice but to reject the plaintiff’s claims costs,” he said. On October 31, 2006, World Jimmy Yassa sued claiming that it violates property rights Yassa market with mineral water branded “Mawi World”, using information owned by companies such details as the license production of drinking mineral water factory and address on the bottle to drink beverages without permission acquire the company .

It also claimed that drinking a bottle of mineral water using a photo or real name singer Jimmy Asmawi Ani, 29, contains information about the source and content of the same mineral water brand “Streamline” Yassa product. Mawi World as defendants, the defense said in a statement the company did not violate any property rights as alleged company Yassa. In his decision, Judge Azhar said the court received evidence the defendant’s second witness, Ahmad Mohd Mohyodin Rathi, former manager of the company Johtaw Corporation appointed the company to produce and Jimmy World supply mineral water brand “Mawi World” that the company Johtaw authorization information using the details of the license Yassa held in bottles of mineral water “Mawi World” is. Judge Azhar Ahmad said, according to evidence Rathi who was then dealing with the manager Yassa, late Bahari Othman that he (Ahmad Rathi) get permission to use details of the information by late Bahari behalf Yassa. “Based on the evidence of witnesses both defendants, I do not see any reason to reject the explanation,” he said. Azahar said the judge in this day hujahan lawyer Adnan Seman representing Yassa based on “tort of conversion” or use the violated rights of others, but Adnan did not use the clear authority to support either the details of the license information is held Yassa property rights Yassa. He said, in a case law that the court decided in this country who are referred by a lawyer Adnan, confidential information is a property right but in this case information and the details of the license held Yassa not difficult because the license can be withdrawn at any time if conflict occurs.

Mineral water production license was issued by the Ministry of Health Malaysia. Azhar judge making the decision after hearing both parties hujahan.

Earlier, in hujahannya said Adnan, the effects of the use of detailed license information by third parties without permission will result in the licensee experiencing difficulties, including in case of poisoning the water, the license will be withdrawn. While Judge Azhar asked to submit evidence such as statements of account, the total amount of profits to support the claimed damages of RM1 million Yassa, Adnan said the losses suffered Yassa not directly but results using the details in the license information led to the World Jimmy profit by one. Judge Azhar Adnan ask whether Yassa know profit earned by Jimmy World revenue from the sale of mineral water brand “Mawi World” is, according to Adnan, said record companies Johtaw, Mawi World mineral water have made reservations a minimum of 300 boxes. “Take into account that the minimum number of reservations and the campaign that made Jimmy World, making losses on the plaintiff,” he said. Counsel Juliana Mohamed, who represents Sam World, argued that details of the license information is public information and it can not be owned. He said the breach of property rights does not exist because of the evidence to prove that Ahmad Rathi Yassa allow Johtaw using details on the information held Yassa license to produce mineral water “Mawi World”. Hearing of the case takes a day, on Wednesday, by calling three witnesses. Director Yassa, Muhammad Nizam Bahari, who took over the business after the death of his father Yassa Bahari, on Oct 22, 2006, is a single plantif witness and witnesses give evidence first. Then followed evidence from Azhar Mohd Arifin, the defendant’s first witness, a marketing officer in World Jimmy is responsible for developing business opportunities find Jimmy World. Ahmad Rathi is the second defendant witness. When found after the decision, Adnan said he will file an appeal against the decision today. -Bernama