Credible Witness?!

• 18 May 2017
• 1 comments

Once again Malaysia’s government lawyers have brought shame and derision on themselves by their handling of the Anwar “sodomy” case. In the latest episode in this disgraceful legal saga the government is trying to strike out Anwar’s attempt to have the conviction set aside. The lawyer appearing for the Government even described the suit by Anwar as “bordering on sedition”!

If that legal eagle and those instructing him really think that asking for an unsafe conviction to be set aside is “bordering on sedition” why are they using the Courts at all? Why not just let arch thief Najib issue written orders (unappealable) to jail whoever he wishes for as long as he wishes. How he must want that to be the case!

The fact of the matter, as opposed to nonsense about “sedition” is that Inche Anwar was, very properly, acquitted by the High Court on the basis that there was no credible evidence and that the sole witness, Saiful, was unreliable. That was too kind a description of a witness who had initially alleged forcible rape and only changed that to consensual when his size and age, as compared to the accused, made allegations of force ludicrously risible.

There is another, and equally serious and shameful, aspect to this case which is that the Appeal Court allowed a government appeal against an acquittal. That is unheard of in any civilised society. Had there been any real doubt, and there was, the matter should have ended there. But no. In a few minutes the Appeal Court, which had not heard or seen Saiful decided that he was a credible witness! And that Inche Anwar, a former deputy PM, was a liar.

It is one thing to be a criminal Prime Minister with shiploads of evidence to prove that to be the case. But there was no evidence of that sort against Inche Anwar. The only possible conclusion is that the higher Courts which overturned the acquittal were ether blind and unfit to judge beyond belief or that other reasons actuated them. All Malaysians will know what those reasons could be.

The attempt to “strike out” Inche Anwar’s suit shows that the Government dare not have the matter re-tested in Court. After all the case might be heard by an honest Judge following the law and not Najib,s orders