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Ray Of Hope
By Luk4all.com.my Editor
Posted
16th April 2007
Andrew Sia has
always been favourite Sunday Star columnist.
This week he wrote something that we at
luk4all.com.my would like to share with our
entire valued customer, a column on Anwar
Ibrahim.
I have always admired Anwar Ibrahim, ever
since attending one of his speeches after he
was sacked back in 1997. At that time I was
still in the University in Kuala Lumpur. So
captivated was my friend and I that we
bought a full collection of tapes, that
contains all his speeches. In fact we
started following him around, unofficially
:-) just to listen to him in person,
in fact we even visited him in his home in
Damansara, got a hand shake and a hug from
him, a few days before he was arrested. In
fact I was at the road on the way to his
house on the night he was arrested, the road
leading to his house was all jam packed, the
atmosphere was amazing. During his court
hearing, me and my buddy actually line up
out side the court at 5am in the morning,
hoping to get a seat to hear the hearings,
and we were lucky at times to get in.
Anyway enough about my past experience with
Anwar Ibrahim, I am just glad to read the
article below, that he is back and active in
politics. There is a few things that we at
luk4all.com.my find very interesting below,
"In the 1970s and 1980s our peers were
Singapore, Taiwan and Korea - they are now
far ahead of us. China and India have
emerged as economic giants. We are now
losing out to Indonesia, Vietnam and
Thailand."
"The Indian Institute of Technology is one
of the best in the world. Their professors
are solid. Here, our academics write
sajak (poetry) to bodek
(bootlick). And our undergrads are told not
to criticise. Our universities are not even
in the Top 100 of the world.
"It is not wrong if there is a smart Chinese
or Indian to lead some of our universities.
I am not scared even though I am speaking in
front of a Malay crowd here."
I have to admit Anwar Ibrahim speeches are
very captivating, attended quite a few of
his ceramah, he is able to link up to
his audience very well. There are many who
are still very skeptical about Anwar Ibrahim,
if he is true or just changing his colors to
match with his current position. I would
think after the years spent in jail, and at
his twilight of his career, I would think
about 10 more years to go, he will be true
to his nation, to the rakyat and most
importantly to himself. I hope his agenda is
true and for the best of the
nation.
Anyway it's good to hear Anwar Ibrahim
raising these issues again, and the best
part, is from the person that was supposed
to be the next PM. I just hoped more of our
politician will wake up, history will not
judge how many bungalow or Ferrari you have
but what you have done to make this nation
better. Fame, fortune and power will last
for 10-20 years but good name and deeds will
last forever....
Anwar's 'new' agenda
By ANDREW SIA
After being sacked from the Government and
Umno in 1998, he exchanged his plush black
Mercedes of the Deputy Prime Minister's post
for the bleak Black Maria that took him to
controversial court trials and six years in
prison. What drives Anwar Ibrahim now?
IT had been drizzling earlier at a small
kampung at Hulu Langat, Selangor, yet the
roadsides are full of parked cars. Around
300 people, standing round a soggy, muddy
field, roar in approval as Datuk Seri Anwar
Ibrahim declares "Lawan tetap lawan! (We
will keep on fighting!)."
Anwar has been accused of being a chameleon,
tailoring his message to suit his listeners.
But here he is, railing against the New
Economic Policy (NEP), the Holy Grail of
Malay politics, with a predominantly rural
Malay crowd at a ceramah organised by Parti
Keadilan Rakyat (PKR, or the People's
Justice Party).
Datuk Seri Anwar Ibrahim addressing a
gathering in Johor last year.
At various ceramahs up and down the country,
Anwar has plenty of hot issues - and is
drawing crowds of thousands (between 5,000
and 20,000, say PKR sources). In the past
two years he has been saying that the NEP
"has become a gimmick" to subvert wealth "to
leaders, their families and their cronies."
And last week on Al-Jazeera, he said that
the NEP policy of giving a discount to rich
Malays to buy RM1mil homes "just doesn't
make sense".
In an interview with this writer at his home
in Bukit Damansara, Kuala Lumpur (he has
since moved to a new home in Segambut),
Anwar, dressed in a short sleeved shirt and
denim pants, is relaxed, friendly and
thoughtful.
He tells me that Malaysia's economic policy
can no longer be governed by the "racial
card".
This is because the policy should firstly be
"about propelling the economy, making sure
we succeed, being competitive. Otherwise we
will lose investor confidence and foreign
investments".
As he elaborates on his web page: "In the
1970s and 1980s our peers were Singapore,
Taiwan and Korea - they are now far ahead of
us. China and India have emerged as economic
giants. We are now losing out to Indonesia,
Vietnam and Thailand."
Then and now: Anwar chatting with Pak Lah in
1991 when he was in the Government.
He adds that Malaysia, once ranked fourth
globally by the United Nations Conference on
Trade and Development (Unctad) in terms of
attracting foreign direct investment (FDI),
has slipped to 62nd place.
His NEP comments actually sound pretty
similar to what the DAP and NGOs like Aliran
have been saying for years. It's an
interesting development coming from a man
who was the former DPM and Finance
Minister.
Since his release from prison in September
2004, when the Federal Court quashed his
conviction for sodomy, Anwar has been one
busy man. After surgery and rest, he took up
positions at various universities including
Oxford, Johns Hopkins and Georgetown,
Washington DC.
He has also been busy networking with top
leaders from India, Tanzania, Indonesia and
other countries. Britain's Sunday Times says
that Chancellor of the Exchequer Gordon
Brown and former Hong Kong governor Chris
Patten are "among his friends". Last July,
he was in Brisbane, Australia, at the World
Shakespeare Congress giving a lecture on the
bard, whose works he has read several times
while in jail, he says.
His name was also touted last year as a
possible Asian "moderate" Muslim candidate
to replace Kofi Annan as UN
secretary-general. But he declined, claiming
it might compromise him speaking out
strongly on issues like Iraq.
'Newspeak'
After resigning from Georgetown University
last December, Anwar returned home full-time
to enter local politics. Early this year he
called for the lowering of petrol prices
(due to soaring Petronas profits and
burdensome inflation) as PKR was organising
anti-toll protests.
In the past three months, he has been making
some colourful claims about the Mongolian
model murder mystery. Currently, he has been
nominated by most PKR
divisions for the president's post (now held
by his wife Datin Seri Dr Wan Azizah Ismail)
for party elections in May, in a move to
silence talk of him returning to Umno.
Now that he opposes the NEP, does he support
meritocracy, I ask him?
With DAP leader Lim Kit Siang at a forum on
the Malaysian economy in January this year.
"Certainly. I fail to understand why Malay
leaders have become so apologetic about it,"
he responds. "It is shameful to claim to be
a Malay leader and not talk of meritocracy
(as it would mean) the Malays are not
competent, not qualified. The Malays who
come from good schools are able to compete
(with other races). If you don't believe in
meritocracy, that means you believe in
mediocrity, purely racial qualifications."
However, Anwar's definition of meritocracy
also includes affirmative action, albeit on
a non-racial basis.
"Meritocracy also means giving due
opportunities to those who are poor and
marginalised from all races. Scholarships
and loans should be given out based on
ability or need. If we give things based on
race, too often the benefits are robbed by a
few.
"Billions have been taken by the elite few
through contracts, privatisation and share
allocations in the name of the NEP. All
these have not benefited the poor Malays.
Even as a Malay, I can't accept that so how
can a Chinese or Indian?"
Was this statement skewed just for the ears
of a Chinese journalist from an English
newspaper?
After all, Saifulbahri Kamaruddin, a
journalist of more than 20 years, in a
letter to Malaysiakini observed: "Very often
I covered Anwar's functions, especially
involving Umno Youth and Abim (Islamic Youth
Movement of Malaysia). I had never heard of
one speak with so much disdain of the
Chinese before. We, the journalists, knew
that Anwar was trying to be all things to
all people, so when he addressed 'kampung'
people with a skewed view, he would tell
them what they wanted to hear."
Yet, by 1993, as Deputy Prime Minister, he
was famously saying (and even writing the
Chinese characters): "Wo men dou shih yi jia
ren (we are one family)".
Was he merely being an image-conscious
politician? Why did he support the NEP so
vociferously during the 1970s in his youth?
In the latest issue of Aliran magazine, he
says Malay activists of his generation were
"very insecure" of the economic and
professional status of the race. Now, due to
its abuses, he advocates a New Economic
Agenda.
Anwar owes much to his wife, Datin Seri Dr
Azizah Ismail, who has stood steadfastly by
him through his trials and tribulations.
And in an interview with Indonesia's Tempo
magazine in December, he admits that in the
past, he had tried "the softer way" until he
ended up "compromising too much sometimes".
Now he says, "I choose a clear agenda."
So has the chameleon disappeared after his
trials and tribulations? Listen to his Hulu
Langat ceramah:
"The Indian Institute of Technology is one
of the best in the world. Their professors
are solid. Here, our academics write sajak
(poetry) to bodek (bootlick). And our
undergrads are told not to criticise. Our
universities are not even in the Top 100 of
the world.
"It is not wrong if there is a smart Chinese
or Indian to lead some of our universities.
I am not scared even though I am speaking in
front of a Malay crowd here."
When I quiz him about the claim by some
Penang Umno leaders that the state
government is "not doing enough" for the
Malays, he replies:
"What about Kedah? Poverty in Sik and Baling
is one of the worst in the country yet the
Mentri Besar is Malay. Why pick on the Chief
Minister of Penang because he is Chinese?"
He adds, "There should be a programme in
Penang to help all the poor and marginalised
people, regardless of race."
Anwar laments that during the Umno general
assembly last year, racial tensions were
raised while fundamental economic and social
problems such as poverty, the 100,000
unemployed graduates and inflation were
hardly discussed.
He believes that multi-racial political
parties, such as PKR, are the way forward
towards "national maturity".
"It takes a lot of effort. But we cannot
continue with segments of the population,
the non-Malays or even some Malays, feeling
that they are second class citizens," he
says.
On Al-Jazeera last week, when a caller
claimed that the NEP has marginalised the
Indians, for instance, Anwar replied:
"You are right.... That is why the NEP
should be dismantled and we all come
together as Malays, Chinese, Indians, Ibans
and Kadazans. This country has enough
resources to benefit all."
More forcefully, at a ceramah in Kuala
Berang, Terengganu, last month, he said,
"The keris is for true Malay warriors to
defend justice and fight oppression, not for
people to enrich themselves and defend
corruption. We reject that kind of keris."
But can the Malays accept his rather radical
message?
He candidly told Aliran: "Many of my
friends, Malay professionals, had advised
me, 'Look Anwar, you are venturing into a
very dangerous sort of battle and many
Malays cannot take it.'
"I told them, 'Look in the civil service,
the congestion in hospitals (like the one)
in Seberang Jaya (Penang). Who suffers most?
The poor Malays, Chinese and Indians.'
"I have addressed predominantly Malay crowds
and I said I am not going to sacrifice the
Malay position or interests. I am a Malay
and I am also responsible. But I am also a
Malaysian and I believe a Malaysian economic
agenda will ensure the success of the
Malays, Chinese and other communities."
Azmin Ali, his long-time political secretary
and current vice-president of PKR, thinks
the Malays are seeing the bigger picture.
"Initially, it was difficult to convince the
Malays as the NEP has been indoctrinated in
their mindset. But they are now more aware
that the NEP has been hijacked. Some of them
receive RM50 or some batik cloth to work as
supporters. Yet, just compare their humble
homes with, say, (Selangor state councillor)
Datuk Zakaria's palace (in Klang)," he
says.
Or as another political activist comments:
"If the DAP says it, the Malays will reject
it. But if Anwar says it, the Malays will
listen because he can quote Quranic verses
to support it. Racism is not part of
Islam."
But is Anwar afraid that he and PKR will be
seen as leaning too much towards
non-Malays?
At his ceramah in Bandar Tun Razak, KL,
early this year, the ever-eloquent Anwar
told a huge crowd, "Umno Youth calls me a
traitor to the Malays for being pro-Chinese
and pro-Indian because I question the NEP.
No, I am pro-rakyat. The real traitors are
those who rob from the poor Malays."
His tainted past?
It all sounded good, but I had to throw the
big question at Anwar: "Yes, now you're
talking of reforms but what did you do when
you were in power?"
"It's a fair question. I was part of the
system then and I supported it," he admits.
Obviously, as part of Umno and the
Government from 1982 till 1998, he supported
the NEP. And surely, he could not have been
blind to what he is railing against now -
how the NEP has been used for political
patronage.
When asked what were his proudest reforms as
Deputy PM, Anwar is less forceful and
eloquent. Nevertheless, he points out that
he did push for public housing programmes.
"Just to have one public housing programme,
I had to call the Mentri Besar personally
and push for it," he recalls. "Only then did
they start moving. Something is wrong with
the system.
"Even though the country was doing well
economically (before the financial crash of
1997), I had to push with special funds from
Bank Negara. But there were lots of funds
for mega projects. Why? Because there are a
lot of 'easy returns' for mega projects."
Anwar adds that he also put in place tougher
anti-corruption laws (allowing prosecution
of Ministers even after leaving office) when
he was Acting PM for two months in 1997
(when Dr Mahathir Mohamad was on leave).
"Can you name me who in the entire Cabinet
supported the tougher ACA laws? It was very,
very unpopular with many Ministers," he
claims.
In addition, he underlines that he was the
only Minister who publicly spoke out (in
Parliament) for the Internal Security Act to
be amended to make it less draconian. And
the Cabinet Committee on Management, which
he headed, looked into billions of losses
and met "much resistance".
Did he question any of the "mega projects"?
He says he was not opposed to Putrajaya per
se, but to the "manner and speed" of its
implementation.
"We spent billions on Cyberjaya. But the MSC
has not really taken off because we were
more focused on the construction of
buildings rather than building the human
resources. Our problem is this delusion of
grandeur which does not generate income.
"India has surpassed us in IT - just look at
Bangalore. When I met with (Indian PM)
Manmohan Singh last November, I was told
their government spent only US$30mil
(RM102mil) on their version of Cyberjaya."
And he points out that when he was Finance
Minister, despite the "big debate" within
the civil service about the position of
Treasury secretary-general, he appointed a
non-Malay, Tan Sri Clifford Herbert, due to
his ability and integrity.
Since January, he has been telling the
public that he refused to raise the toll
rates, despite political lobbying, when he
was Deputy PM.
"The month after I was sacked, the tolls
were raised," he says.
Anwar is acutely aware of public doubts over
his integrity. To counter that, he has
thrown bold challenges at his ceramahs. At
the Bandar Tun Razak gathering, for
instance, he declared:
"Set up an independent commission to
investigate all past and present Ministers.
See if I have taken one share, one inch of
land, one piece of timber or one contract.
That kind of money is haram!"
And in Kuala Berang, Trengganu, last month,
he said:
"If I wanted things easy, I would not have
gone to prison. Some people said I was
stupid. Just support (Tun) Dr Mahathir (Mohamad)
and I would have become PM."
At the Umno general assembly of 1998, as
Anwar's allies were preparing to assail Dr
Mahathir on the KKN (the Malay acronym for
cronyism, corruption and nepotism) issue,
the latter took the wind out of their sails
by releasing a so-called "complete list" of
all recipients of government contracts,
tenders, etc - many of whom were figures
thought to be associated
with Anwar.
As a disillusioned ex-leader of PKR says,
"Well, personally he may not have taken any
money, but his associates had to build a
support base and probably did."
He also claims that the 1993 Umno election
campaign (when Anwar ousted Tun Ghafar Baba
as Deputy President) set the worst record
(at that time) for money politics.
The ex-leader also mentions that Anwar
supported the 1987 episode of having
non-Mandarin educated headmasters
transferred to Chinese schools as well as
the 1988 sacking of Lord President Tun
Salleh Abas.
"Now he goes round talking of human rights
and all that. Ha ha, come on."
And what about his image as a firebrand on
Malay-Muslim issues in his younger days?
Anwar says, in our interview, that the way
Pas projected its Islamic state was
"ill-advised" even though the party deserves
credit for - "quite remarkably" - giving
land to Chinese temples and schools.
He adds that, in a democracy, Pas is free to
espouse what it wants.
"But I made quite clear to them, in the
context of a multi-racial society, it is
better not to talk in terms of labels. When
I ask them, what about freedom of
expression, independence of the judiciary,
fair economic policy and clean government,
they say yes to all. So I say, why confuse
all these things with the Islamic state
slogan?"
Anwar has also taken a moderate,
middle-of-the-road line on controversies
such as the Moorthy conversion case. He says
Article 121(A) of the Constitution was drawn
up to respect the rights of Muslims in the
syariah courts.
"But once it infringes on the rights of
non-Muslims, they have the right to
question. 121(A) is not meant to block
Christians, Buddhists and Hindus from going
to the civil court. For me, there is no
problem," says Anwar.
He does not think that stopping discussions,
for fear of religious sensitivities, is the
solution. However, any discussion has to be
done in a mutually respectful manner.
When asked about the closing down of the
Article 11 (freedom of religion) forums
organised by NGOs, he replies:
"I met the ulama in Shah Alam, and I told
them, why should we be defensive? Even views
perceived to be wrong should be allowed
(because) it's like the meritocracy
argument: Let's have the courage and
confidence to counter them."
Trust his promises?
As part of the lingering mistrust towards
him, there have been persistent rumours that
he will rejoin Umno - despite his persistent
denials and despite Umno itself passing a
resolution (shortly after his release in
2004)
barring his re-entry.
Anwar has admitted that he was initially
more conciliatory towards Prime Minister
Datuk Seri Abdullah Badawi. In a Febuary
2005 interview with Off the Edge, he said
that Pak Lah: "genuinely believes there is
something wrong with the system, that
corruption is endemic.... I do believe that
given the constraints of the present system,
he is still the best bet if anything is to
be done. But it has to be done now!"
Since then, his tone on Umno has been
increasingly strident. Now he says more than
three years have passed since Pak Lah's
administration began and the signs, such as
corruption, are not encouraging.
If Anwar ever became Prime Minister, what
would he do?
In the Tempo interview, he said his agenda
includes: increasing economic
competitiveness, abolishing the ISA, freeing
up the mass media, reforming the judiciary
and fighting corruption.
As for his economic policy, Anwar has told
Aliran magazine that he believes in the free
market and economic growth but it must be a
"humane economy" with social justice - not
the kind of liberalisation which "allows
some to privatise in order to piratise."
He says he believes in Keynesian economic
"pump-priming" - not in the manner done by
Dr Mahathir with wasteful mega projects, but
rather through education and public health
programmes.
"You can see the packed hospital in Seberang
Jaya - spend an hour there, it's pathetic."
Steven Gan, Malaysiakini's editor-in-chief,
says this about Anwar being part of crony
politics:
"There are definitely a lot of skeletons in
his closet, for instance, in terms of
cronyism and his ambition to be PM. I think
it would help (for him) to tell, in an
unmistakable way to everybody, that he's a
changed man, that he's learnt his lesson.
"In fact before he joined Umno (in 1982) he
actually said that entering the party to
reform it was like cleaning a septic tank
from the inside. And yet, he joined.
"I think Anwar is a flawed man, but so are
top Umno leaders. As a journalist, I would
like to see more checks and balances in our
system including a strong opposition. Anwar,
flawed as he is, can play an important role
in building that."
Is he sincere?
"Very few politicians are," says Gan. "But I
believe Anwar has changed.... Spending four
years in prison and going through the kind
of humiliation meted out to him would have a
dramatic impact in anyone's life."
So, is Anwar sorry about his past actions in
Umno? When this writer asks him twice about
any deep personal transformation since his
sacking, he sidesteps the questions. Perhaps
it is too much to expect the consummate
politician to confess to any wrongdoings
while in power, or to some sort of
life-changing epiphany in prison. However,
at a ceramah at Bota, Parit, Perak, last
August, Anwar related:
"They were bringing the mattress up and
down, up and down in court. There I was
sitting in the dock with my wife and five
daughters behind me. And they would say,
'Here, here and there are the sperm stains.'
It was a test from Allah. Others told me,
padan muka (serves you right), why did you
join Umno? But I have no regrets. I tried to
reform it from within.
"The people of Parit here supported me
during all the Umno elections. From Youth
chief to deputy president. I have not
forgotten your jasa (kind deeds). But why
did you support me? To steal APs, logs and
contracts? Or to help the poor?"
His wife, Dr Wan Azizah, says:
"Anwar has deep reserves of patience,
resilience and humility, and those qualities
saw him through the ordeal of six years'
solitary confinement.
"He has changed in that he is now more aware
of who his real friends are. As the saying
goes, it is only in winter when you know
which tree is evergreen."
Political analyst Khoo Boo Teik, who
explores these issues in the book Beyond
Mahathir, says:
"I don't really know how he has changed
since then, I'd like to know. Few
politicians who come within reach of real
power are humble. It's important that Anwar
realises that the common people stood by him
when he suffered injustice, unlike the
corporate and political elite who flattered
him only when he was in power."
Can Anwar be trusted on his reform promises?
Khoo adopts a very practical approach.
"It's futile to discuss character or
personal integrity. Anwar has reasons for
wanting political reforms. He was part of
the system, no doubt, but he was twice its
victim as well. To what extent Anwar will
push reforms depends critically on public
demands, political support and compelling
socio-economic conditions."
However, Ong Kian Ming, another political
analyst, thinks that Anwar will be compelled
to deliver.
"He has put himself in the international
limelight now and it'll be very difficult
for him to renege on his promises of press
and political freedoms. Anwar is someone who
really cares about his reputation
domestically and internationally. After
associating with and comparing himself to
the likes of Nelson Mandela, it'll be
difficult for him not to stick to at least
some of his promises of reform."
Anwar may be on the comeback trail but few
people give PKR and the Opposition any
realistic chance of winning the next general
election, or any general election in the
foreseeable future. And if he can't win high
public office, he won't be able to deliver
on any promise.
However, if Anwar, who is only 60, remains
sincere and true to his newfound cause, his
strongest contribution to nation-building
could be his bold pronouncements on
multi-racialism. If a significant Malay
leader can say all that, it may just
transform the spirit of local politics for
the future.
Comments:
Well, Anwar is always my all time favorite leader in Malaysia. All the best to him in his political career.
4/16/2007 10:14:07 PM | malaysian
I quoted this from renovatio blogged by stephendoss concrning about Anwar sodomise cases issued previously..checked it out..
“FOR THE BENEFIT OF READERS, I HAVE EXTRACTED FROM THE PAST THE JUDGMENT BY THE FEDERAL COURT OF MALAYSIA, ANWAR’S APPEAL AGAINST HIS CONVICTION ON SODOMY. THE FOLLOWING IS A MAJORITY DECISION REACHED BY THE JUDGES SITTING IN THE FEDERAL COURT ON THE ANWAR IBRAHIM APPEAL AGAINST HIS CONVICTION ON SODOMY.
PLEASE NOTE AND READ CAREFULLY THE VERDICT, THAT ALTHOUGH THE JUDGES HAD NO DOUBT IN THEIR MINDS THAT THE ACT OF SODOMY BY ANWAR IBRAHIM HAD TAKEN PLACE, BUT TO RELY SOLELY ON AZIZAN’S EVIDENCE WOULD BE UNSAFE FOR THE PURPOSES OF UPHOLDING THE JUDGEMENT.
SO DID THE ACT OF SODOMY TAKE PLACE ? YES ACCORDING TO THE JUDGES. BUT DUE TO A TECHNICALITY THEY HAVE NO CHOICE BUT TO DISMISS THE CASE.
DALAM MAHKAMAH PERSEKUTUAN MALAYSIA
(BIDANG KUASA RAYUAN)
RAYUAN JENAYAH NO: 05-6-2003 (W)
ANTARA
DATO’ SERI ANWAR BIN IBRAHIM … PERAYU
DAN
PENDAKWA RAYA … RESPONDEN
RAYUAN JENAYAH NO. 05-7-2003 (W)
SUKMA DARMAWAN SASMITAAT MADJA … PERAYU
DAN
PENDAKWA RAYA … RESPONDEN
CORAM:
ABDUL HAMID MOHAMAD F.C.J.
RAHMAH HUSSAIN F.C.J.
TENGKU BAHARUDIN SHAH TENGKU MAHMUD J.C.A.
MAJORITY JUDGMENT OF
ABDUL HAMID MOHAMAD F.C.J.
AND TENGKU BAHARUDIN SHAH TENGKU MAHMUD J.C.A.
In this judgment, Dato’ Seri Anwar bin Ibrahim will be referred to as “the first appellant” and Sukma Darmawan Sasmitaat Madja will be referred to as “the second appellant”.
The first appellant was charged with an offence punishable under section 377B of the Penal Code.
The second appellant was charged with two offences. The first charge is for abetting the first appellant in the commission of the offence with which the first appellant was charged. The second charge is similar to the charge against the first appellant i.e. under section 377B of the Penal Code.
Both the appellants were tried jointly. The first appellant was convicted and sentenced to nine years imprisonment commencing from the expiry of the sentence he was then serving in the first trial. High Court Kuala Lumpur Criminal Trial No. 45-48-1998 (1999)2 M.L.J. 1 (H.C), (2002)2 M.L.J. 486 (C.A.) and (2002) 3 M.L.J. 193 (F.C.)). The second appellant was convicted on both charges and sentenced to six years imprisonment and two strokes for each charge with the sentences of imprisonment to run concurrently. For the judgment of the High Court in the present case, see (2001) 3 M.L.J. 193.
They appealed to the Court of Appeal. Their appeals were dismissed – see (2004) 1 M.L.J. 177.
They appealed to this court and this is the majority judgment of this court.
Section 87(3) of the Courts of Judicature Act 1964 (“CJA 1964”) provides that a criminal appeal to this court “may lie on a question of fact or a question of law or on a question of mixed fact and law.” The position is the same as in the case of the Court of Appeal hearing an appeal from a trial in the High Court as in this case – see section 50(3) CJA 1964.
To summarise our judgment, even though reading the appeal record, we find evidence to confirm that the appellants were involved in homosexual activities and we are more inclined to believe that the alleged incident at Tivoli Villa did happen, sometime, this court, as a court of law, may only convict the appellants if the prosecution has successfully proved the alleged offences as stated in the charges, beyond reasonable doubt, on admissible evidence and in accordance with established principles of law. We may be convinced in our minds of the guilt or innocence of the appellants but our decision must only be based on the evidence adduced and nothing else.”
7/6/2008 9:27:19 PM | Aiyzak
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