On January 9, the day when Anwar Ibrahim’s sodomy trial result was be announced, Anwar had prepared himself to be in jail while his people were prepared to cause riot so that he would be released. To give better impact to the day, they gave it a name, ‘901’, as the day a ‘hero’ was released. Even a bomb as blasted to ‘color’ the riot which they have planned.
Anwar’s plan was that the whole world would watch the day he would be imprisoned, followed by huge riots so that foreign power could intervene and release him, making him as a hero, which then would rule Malaysia.
But the plan failed because he was then acquitted on the excuse that the court was not 100 percent sure about the integrity if the DNA sample which was taken from the complainant because the sample might have been altered before it got to the Chemistry Department for analysis.
However, yesterday, the prosecutor had filed a petition of appeal so that the Court of Appeal would put aside the result given by High Court who acquitted Anwar from the sodomy charge.
The petition was signed by Deputy Prosecutor, Noorin Badarudin and it listed nine reasons which include the judge’s, Datuk Mohamad Zabidin Mohd Diah error, in forms of laws and facts in making the decision.
The petition also proposed that Anwar should be charged under Section 377B Penal Code based on these following reasons:
1. Judge Mohamad Zabidin at the end of the trial had decided that there is no way for investigative officer, DSP Blacious Judy Pereira to use any of the DNA samples which was taken from the lockup cell to be used with DNA samples which were taken from Saiful. The Judge also agreed with the prosecutor that the investigative officer only gained the semen sample which matches with DNA profile from items which were used by Anwar when he was in the lockup.
2. The judge also made an error in law and facts by imposing a heavier burden of proof than the ‘beyond reasonable doubt’ test and that there were other evidence to corroborate Saiful’s testimony when the judge decided to call Anwar’s defence.
3. The judge also made an error in law and facts in judging the overall statements regarding collecting, handling and analysis of DNA samples which was taken from Mohd Saiful.
4. The trial judge had made an error, and also in law, in evaluating the whole facts of the case and wrongly considering the testimony of second defence witness Dr David Wells and Australian DNA expert Dr Brian McDonald based on their incomplete and incomprehensible theory, and not considering the literary evidence given by the prosecution.
5. The judge also made an error in law and facts, as Dr McDonald’s expertise and experience in DNA examination is in dispute.
6. The judge also made an error in law and facts as chemists Dr Seah Lay Hong and Nor Aidora Saedon had given their opinions based on their examination and analysis of the DNA samples. However, Wells and McDonald had given their opinions based on theories.
7. The judge also made an error in law and facts as he failed to consider that there were no statements saying that the DNA samples had been altered.
8. The judge also made an error in law and facts when he failed to consider that there were other statements which supported Mohd Saiful like what was stated by the judge during the end of the defense case.
9. The judge also made an error in law and facts by imposing a heavier burden of proof than the ‘beyond reasonable doubt’ test to the prosecutor in proving their case.
If the prosecutor gain success for this appeal, Anwar could face 20 years in jail and whipping if guilty. This would be the biggest reason for Anwar to organize the 901 plan. But perhaps the name 901 needed change, considering that it is no longer relevant.
It seems that there is still hope for Anwar to be a hero, like how he had dreamed all these while.
But people need to be reminded that, if Anwar’s dreams to cause chaos becomes a reality, there is still no guarantee that Anwar would be released, like what is written in the script. No doubt there will be chaos, but only around 500 meter radius outside of the court for about one or two hours. Then Anwar can be his own hero in jail for the next 20 years.
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