Thursday, February 12, 2015

Kim Quek: THE GREAT SELLOUT: Malaysia’s darkest day for justice & democracy


'Chief Justice Arifin Zakaria’s judgment upholding Anwar Ibrahim’s sodomy conviction is not only full of holes, it has set a dangerous legal precedent whereby innocent persons may be wrongly convicted for sexual crimes that they have not committed.

Despite complainant Saiful Bukhari Azlan’s evidence being flawed by inconsistencies and falsehood, Arifin Zakaria is adamant that Saiful’s testimonies are reliable, for which no corroboration is necessary.

How did Arifin come to have such unshakable confidence in Saiful? Arifin attributed his faith in Saiful to two factors: Saiful was able to give "minute details", and he had stuck to his testimony despite a thorough cross-examination.

But such legal rationale does not seem to hold water. This is because anyone with a reasonable acting ability and memory would be able to do what Saiful had done, if given proper coaching and rehearsals by someone experienced in such sexual activities. And lo and behold, such an actor would then practically be able to get anybody in trouble for a concocted sexual offence under Malaysian law, if corroborative evidence is waived. And that effectively is what the current Federal Court ruling will lead to.'

More:
http://www.malaysia-chronicle.com/index.php?option=com_k2&view=item&id=458372:the-great-sellout-malaysia’s-darkest-day-for-justice--democracy&Itemid=2#axzz3RUMmntTP

Link

No comments:

Post a Comment