Malaysiakini
Jun 25, 11
Karpal Singh slammed the Kuala Lumpur Magistrate Court’s handling of the Datuk T proceedings yesterday for showing the sex video to the public and for allowing Anwar to be implicated in his absence.
“This is the first time in legal history of the country that a pornographic video clip produced as an exhibit in court has been played on two big screens, one facing them magistrate and the other the public gallery,” said the Bukit Gelugor MP and veteran lawyer in a statement today.
Karpal said in such situations the public gallery would always be cleared.
While he agreed that as a fundamental element of the charge against the Datuk T trio, the screening had to be done in the presence of the magistrate and relevant parties, and this should not include the public.
“It should have been the business of the magistrate to have immediately removed the screen facing the public gallery and cleared the public gallery,” he said.
At yesterday’s hearing related to the Carcosa sex video scandal, businessman Shazryl Eskay Abdullah and former Perkasa treasurer Shuib Lazim were jointly charged with possession and distribution of pornography under Section 292(a) of the Penal Code.
The third member of the trio former Malacca chief minister Rahim Thamby Chik was charged with abetment under Section 109 of the Penal Code.
The presiding magistrate Aizatul Akmal Maharani slapped the trio with a fine totalling RM5,500.
The three were reported leaving the courthouse before paying their fines, with one of their lawyers explaining that the magistrate had given them up to 4pm that day to settle the amount
In presenting the defence, Datuk T’s lawyer claimed that they had proven up to “99.99 percent” that the man in the sex video was opposition leader Anwar Ibrahim.
Identity of actor ‘not evidence’
Karpal blasted the magistrate for allowing references on the likeness of the opposition leader to the man in the sex video as it had nothing to do with evidence related to the charge.
“What was stated in the facts and mitigation was, in the first place, not evidence,” he said.
“It was a mere statement, and a most damning one made in the absence of Anwar Ibrahim.
“Further, it was not an ingredient of the offence for the identity of the actor to be proven.
“The magistrate obviously did not carry out his duty,” said the legal eagle, who is also DAP national chairperson.
The lead counsel for Anwar in the ongoing Sodomy II trial said what was allowed to transpire court that day was “horrendous” and transgressed “rules of natural justice”.
“It is fundamental that one should not be condemned in his absence,” he explained.
“The damage done to the reputation of Anwar Ibrahim is irreparable.”
Precedent must be avoided
Karpal demanded the chief justice (CJ) take action against the magistrate for failing his duty to ensure that an external party was not implicated in the course of the trial, to ensure that it did not set a precedent.
“The judicial process cannot be allowed to sink into disrepute,” he said.
As such, the CJ ought to mitigate the damage done by issuing a public statement to condemn the errors that transpired, he said.
Anwar (right) has meanwhile condemned the matter saying, “I had expected they would use this court to cast fitnah (false accusation) against me and they would be let off with a light sentence.
“All this is pre-planned with (AG) Abdul Gani behind it…”
Meanwhile on the matter of Anwar’s sodomy trial in which his team was appealing on the matter of the recusal of Mohd Zabidin Mohd Diah as the presiding judge, Karpal said that the Court of Appeal had on June 23 informed them that they had missed the 10-day appeal time-frame.
“The law on the subject is clear. Section 54(1)(a) of the Interpretation Acts, 1948 and 1967 provides the day on which the record of appeal was served is not to be computed for the purposes of determining the 10-day period,” he said.
This, he argued, meant that their petition of appeal dated June 24 was legally within the period as the record of appeal was served on Jun 14.
Porn screening in court (though first time) is small issue compared to bigger issue of abuse of court process. It is abuse of court because the trio (Datuk T) though “innocent” of the charges under section 292 Penal Code pleaded guilty to them just so to avail the opportunity of using court proceedings to introduce Dartmouth Professors expert evidence to convince the public that the Opposition leader is involved in immoral acts. This oblique way is preferred since Govt cannot charge Anwar for commercial sex- its not an offence- and does not want to be seen as deliberately hounding him by an RCI. The Opposition had been had – when in retaliation- they brayed for the blood of the trio to be prosecuted – which is exactly what they want to further their ‘mission’ of exposing the Opposition head.
The Datuk T trio were charged under section 292 of Penal Code in which it is an offence to put in public exhibition any “obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object”.
The trio put in public exhibition a sex video purporting to depict the Opposition Leader. A sex video tape is not by itself an “obscene book, pamphlet, paper, drawing, painting, representation or figure”. It remains only to determine if it’s an obscene “object” of the same kind as those earlier stated. By the authority of Brunei’s case HT Lim vs PP (decided on 18th Sept 1980) relying on our Malaysian case of Public Prosecutor v Tee Tean Siong, it was already decided that a sex video tape is not by itself an obscene object within purview of section 292 Penal Code. This is because what was obscene “was not the video tape itself but the picture on a (TV or whatever) screen reproduced by means of inserting the tape on to a video tape recorder connected to a TV set.” (In that case the sex video tape showed sexual acts of African males & females based on a story line of revenge of a prostitute and the endless sexual pursuits of an African male).
The Datuk trio would be guilty if they were charged under our laws pertaining to obscene films – eg Cinematograph Films (Censorship) Act or something like that. However they were not. They were charged under section 292 of Penal Code by which they have a good defence and likely not guilty though they were only too happy to do so!
It borders on the farcical when accused innocent of the charges merrily & proudly pleaded guilty. It is also grossly unfair that the whole judicial process – which only relates to the question whether the trio are guilty or innocent of the charges – have been used as an opportunity to obliquely inflict collateral damage of a party like Anwar to which neither the court process or the charges relate and by virtue of that had no opportunity to reply or to get his own experts to challenge Dartmouth expert findings. This is contrary to rules of natural justice.
It is nothing surprise in a rotten nation with lopsidedness that screening of porn to expand the moral rot when it is known this is the usual thing for most people.
Hope they don’t end up selling porn video in the court eventually!
We may therefore have three “firsts” here: (1) screening sex acts in court (2) defendants pleading guilty in alacrity of a charge of which they have good defence (3) damage and suffering inflicted on third part like Anwar and not defendants who just paid fines of up to RM5000+.
Very Creative I must say.
The Powers-That-be appeared to have outwitted the Opposition here. The Opposition in their outrage lobbied for the trio to be charged. They used what the Opposition wanted (a prosecution case against the trio) against the Opposition. This is better than an RCI (earlier mooted) called by the govt because then the govt would be implicated in public eyes to be targeting the Opposition head. A trial (under section 292) against the trio showed the government was not involved but was in fact merely giving in to what the opposition clamored for all along!
Moral of the story: Don’t ask for things that you are not sure how it can be spun and used against you. Beware of Greeks bearing gifts: they may contain a poison fruit!
Gutter politics has been developed to the highest state of art when one could, under the guise of seeking justice for the political opponent by punishing his perpetrators in court, use that very court process to obliquely inflict even greater harm to the political opponent. This is political Tai Chi/Akido of a diferent kind – Akido, the art bo using the opponent’s momentum and weight against him.
I was disgusted by the headlines in the UMNO and BN controlled papers, including The Star which clearly shows that the front page headlines “It is Anwar” which is clearly politically calculated to cause maximum damage to Anwar’s reputation without any solid evidence, and without giving him any recourse to defend himself. I WOULD LIKE TO SAY THIS TO THE STAR EDITORIAL BOARD – “SHAME ON YOU!” FOR YOUR GUTTER AND DISHONORABLE JOURNALISM AND THAT I HAVE IMMEDIATELY CANCELLED MY SUBSCRIPTION. I URGE ALL FAIR-MINDED MALAYSIANS TO BOYCOTT THE STAR AND ALL BN-LINKED NEWSPAPERS.
I do not think the screening of sex video in court yesterday had inflicted much damage to Anwar unless that was the first sex scandal allegedly involving Anwar.
The rakyat, by now, are wary of the tricks played out by Umno/BN after Sodomy 1 and Sodomy 2. They know who are the script writers and actors.
In fact, the Carcosa sex video scandal will backfire causing more people to drop their support for politicians who play “dirty” come GE13. Thanks to the alternate media which exposed the unethical conduct of such politicians with corrupt minds.
If only Umno could mastered the state of art to govern our nation from before into advance nation,then,we will be spared such name-calling; bolehland,gagaland,canland,la-la-land and many more land as you pleased.They are only good at evil arts and nothing else.Their actions are so predictable that nothing come as a surprise but comical yet disgusting at the same time.When could they actually do some noble things to make themselves proud?Do they think we still live under less-information era without alternative media?Or are they trying to show off their arrogance disregard what we might think or wish?Your days are numbered,Mr bozos!
Go view the video at Anwar’s blog by an excellent Commentator …proving it is not Anwar.
Nose…hair…stomatch…date..Omega watch….all proven not Anwar..yet we have Star headline said an expert from US said it is 99.9% Anwar.
And our courts?….why kangaroos are presiding judges as far as Anwar cases are concerned.
Ya,you’re right.monsterball.Sweet dream when comes your bedtime.I’m fed up with all these crabs and cartoons.Sickening especially with majority still not aware and being ignorant here.First in the world to declare everything bolehland.
No point asking Zaki..he is already half dead after his heart attack….
But God will have something for the trio, the magistrate , her children and the AG….its on the way…they will live to regret this…
http://anwaribrahimblog.com/2011/06/25/keadilan-terbit-dokumentari-dedah-tembelang-datuk-t/#more-16049
The actor could have been RTC based on the “hidung mancung”
First time a court show sex movie not in chamber for the lawyers but for all to view.
Bend on convincing voters by any means…they can do anything and all are legal and very cultured people.
Najib said looser in the election is not second best like sports.
How right he is.
PR looses..they continue their quest to free Malaysians.
UMNO B looses….all will be charged for corruptions and properties and bank accounts confiscated.
That is the differences between a looser and a winner in 13th GE.
Meanwhile they are focussing to get rid of Anwar…to weaken PR chances…by all sorts of ideas and tricks they can think of.
Will majority voters buy their show?
If so….Najib would have a snap 13th GE long ago…and the longer he delays..the worst his chances become.
You are wrong sage; the power-that-be did not outwit the opposition. The more they scheme and conspire, the more contempt they get upon themselves. Does it matter anymore the video is shown in court? The whole country, include Ketua Kampung already have a copy each. What is new? Does it matter the identify of the actor in the video is proven beyond doubt? I think this is no longer an issue. The main issue is this country is divided right in the middle. Those against Anwar will continue to insinuate, prove, and do whatever to convince that the actor is Anwar. Those with opposition do not care anymore. If Anwar can’t be PM, someone else in PR can. If Clinton was the first “Black” President of the US, LGE can be the first “Malay” PM of Malaysia.
Clinton the first black President of the US ? The last time I looked at Bill, he appeared white to me….
I hope you are saying it tongue in cheek. The first black president of the US is not Obama, it was Bill Clinton.
Not that I blame limkamput: whether he admits it or not he sounds demoralized & lacks conviction in what he posted #16
The situation does not look good: not just what happened (ie trio vs Anwar tape episode) but the real possibility of massive crackdown using Bersih 2.0 as excuse. The Opposition has to grasp different animal it is dealing here – a person taking advice from professional psy-war strategist (like APCO), fearful beleaqured because another and/or several warlords plotting to remove him against backdrop of Anwarista barbarians at the gates – he’d lash out at anything.
Those who think that they can fool all the people all the time are wrong.
There is a Chinese saying that even if you are clever, I am not stupid.
Judging by the reaction of the public to the misdeeds piling up in this country, there is only one outcome at the next GE.
And we all know what it is.
No doubt I understand many Penang Malays appreciate what LGE does as CM, however his being 1st Malay PM for majority Malays is a pipe dream for now. (Maybe in 1000 years?) That credit has already been claimed by Dr Mamak whose legacy Malaysia is still trying to rid off – as difficult as terminal as HIV on T-Cell.
BTW Clinton is not really the first black president – it was JFK in collaboration with brother Robert Kennedy. Among other civil rights policies favouring black minorities, JFK sent National Guard & FBI to escort James Meredith to enroll as first black student at the University of Mississippi to enforce the Constitution’s First Amendment notwithstanding massive demonstrations there. He paid the price of being shot in the head. Clinton being hounded out of office not because he was “black” but because of his tryst in White house and whilst Monica was fellatio-ing him, he told aides to tell Mexican President (waiting to confer with him on state matters) that he was busy with other state matters. Later he even cited biblical justification that fellatio was not sex because it didn’t lead to conception. No doubt JFK was doing Marilyn but he never derelicted official duties and the black president title belongs to him – not the clever but hopeless Clinton with due respect to Pultizer winner Toni Morrison!
You see sage, I only write what I heard or read (personally feeling aside). I heard of Clinton being labelled as the first “black” president, but not JFK although I am acutely aware of his role in civil right movement. But if you want to extend further, may be it was not JFK, it was Abraham Lincoln who freed the slaves and also paid the price with his life. The LGE’s stuff was said in defiance just like how BN behaves now, got it sage. But may be not 1000 years lah as you said.