The news of Anwar Ibrahim's acquittal in the so-called sodomy II trial must have given ecstatic joy to some people. While at the same time, the news is one big disappointment to some other people. To the neutrals, it doesn't make any difference.
My prediction, made long ago, about the 13th general election to be on March 2012 will not materialise now following the acquittal verdict because Najib will now think twice about having it in this March for the reason that should BN lose the election, why would he allow his party to lose power or to have less power one year earlier. I believe he would allow the current term to run its course to the point when the General Election must be held, in accordance with the Constitution.
After all was not Najib the one that initiated the second sodomy charge when victim Saiful met him ? And since then, we the public, have since witnessed the train of events - Anwar seeking refuge in the Turkish embassy's house and then being apprehended by the Police, witnesses and medical experts, local and foreign, called in to testify, the sex video scandal exposed, not to mention the comments from the international media - that finally led to Anwar being charged in court in a trial that dragged for 3 years
But the basis of the judge's delivery of the verdict was curious. It looks to me that he himself believe that Anwar is guilty but cannot render the guilty verdict because he says the prosecution arguments on DNA samples do not seem convincing (he wants 100%, 99.9% is not good enough) and that he cannot accept the testimony of Saiful because of lack of credible witnesses ("uncorroborated", he says). [The judge expected that when Saiful was buggered, there ought to be several witnesses in the room to witness the buggery. Saiful's words against Anwar, taken under oath, were unacceptable]. The verdict was even a surprise to Anwar himself.
But another curious thing are the responses by individual members of the government. Rais Yatim tells us that "this shows that the government is not interfering with the judiciary". Even Najib himself says that this verdict "will clear away the accusations that the government tends to meddle with the judiciary". But these are merely statements on technicalities. Don't they themselves believe that Anwar is guilty of buggering Saiful ? If they don't, then they should not have accused Anwar of buggery in the first place. But if they do, and are really convinced of the act of buggery committed by Anwar, then their responses made on the verdict are, by my book, cowardly.
This brings to my firm, long-held view of the Malaysian judges - that they are no bloody good. They can be easily swayed by long and unrelentless arguments, so much so that if one is to argue long enough until the judges get fed up, they quickly yield to the temptation to declare any prosecution as one that has no prima facie case, just to get it over with.
In this sodomy trial, the victor is Karpal Singh, Anwar's defense lawyer, even when Karpal Singh himself, some 12 years ago, brought up Anwar's weakness to the attention of the government and the general public when he complained that Anwar had a penchant for buggery. Karpal knows exactly the minds of most Malaysian judges and what makes them tick. By raising instances of loopholes in the legal system and court procedures, he can frustrate and exasperate judges to the point that they lose their focus - and deliver bad judgments. Now Karpal sits on his wheelchair smirking a wide grin on his face and with a glass of beer in his hand. Nalle !
Talking about no prima facie case here is what to expect from the outcome of the current trial in the Sosilawati murders. Sometime just before the Hari Raya Puasa celebration, a businesswoman by the name of Sosilawati and her 3 associates were murdered in Banting. Sosilawati, with 3 others who were her lawyer, her banker, and her driver went to Banting ostensibly to discuss some business deal with an Indian lawyer by the name of Pathmanathan. The four of them were taken or led by Pathmanathan to his isolated farm in Banting where a group of Indians under the employ of Pathmanathan were waiting. There, the unfortunate victims were bashed to death. The bodies were burned, completely incinerated by the intense heat in a fire created by fuel and cow dung. The remains were then scatterred in a nearby river.
When, on 12/09/2010 (Hari Raya Aidilfitri), the news of the dastardly act of murders perpetrated by a group of Indians on a helpless group of innocent Malays broke, it so shocked the nation, that for awhile the Indian community became the subject of hatred and revilement by the Malay community. The four victims have disappeared since 30/08/2010 i.e. from the day they went to see the Indian lawyer.
The trial held at the Shah Alam has dragged for so long that I fear it will be subject to postponement after postponement, which would work to the advantage of the team of defense councils. Now, it is bogged down in attempts to find DNA evidence from the ashes and bone samples that the police have recovered - which are quite difficult or even impossible since they may not be samples from the victims ashes since, apparently, they may be mixed with those of past victims of murders. Further, the bones have become so brittle that they broke into ashes the moment pathologists attempt to cut them. So said a medical doctor that it was difficult to distinguish whether they are human or animal bones. (A plus point for the defense lawyer, and well noted by the presiding judge).
When after months of trial, the presiding judge may become so exasperated that he would take the easy way out and declare that the prosecution has no prima facie case and let the murderers go scot free. The oxymoronic judge would base his dismissal on the fact the DNA samples provide no incontrovertible proofs that poor Sosilawati and her associates were not at the scene of the crime and that circumstantial evidence such as admission by other Pathmanathan workers not directly related to the murders, or Sosilawati belongings recovered by the police, were, according to the judge, leaves him with some reasonable doubt to conclude his NPFC judgment. It will come to this in the end. And poor Sosilawati and family have nothing else to do but cry.