Anwar is finally charged for the offence of sodomy. A lot have been said about the issue of consent. Well, the following is an explanation on consent in a sodomy charge.
Consent is not a factor/element in a charge of sodomy. Anybody who engages in the act commits an offence. On that basis, saiful could also be an offender and charged. But since saiful was the one who filed a report against anwar, he becomes the witness against anwar. It remains to be seen whether the act was done with or without saiful's consent.
If in the trial it is shown that saiful consented to the act, then he is an accomplice and the weight of his evidence would be similar to azizan in 'sodomy I' and the court don't have to accept his evidence.
On the other hand, if it is shown that saiful did not consent to the act, he is a victim and his evidence, if found to be credible by the judge can be accepted.
Lets wait for the trial to begin and the story to unfold.
Thursday, August 7, 2008
Tuesday, August 5, 2008
Cronyism and the NEP
Tun Mahathir wrote his views on the topic in his blog, read it here. NEP has been demonised so much and given a negative connotation. Its detractors have used it to justify their prejudices of Malays. Whenever they disagree with a Malay's opinion, they simply labelled and dismiss the person as 'a product of NEP' - see this blog for example. And they call others racist!!?
Sunday, July 27, 2008
and the plot thickens...
the famous anus saga has seen so much twists and turns in its plot and it's certainly not over yet. RPK recently wrote another article and posting a doctor's report on saiful which shows no active bleeding, no pus from his anus. RPK then concluded that the report is conclusive evidence that Saiful was not sodomised by anwar.
how easy it would be if things are that simple. while the doctor's report is certainly relevant, it does not disprove Saiful's allegation. the absence of tear/bleeding/pus from the anus does not mean sodomy did not take place. what it can show is that no physical force is used in the act.
what people need to bear in mind is that, for the act to be an offence, physical force need not be proved. and just because force is not used, it does not mean that the act was done with the victim's consent.
consent can be negatived by factors such as threats (of death or hurt), undue influence, mental or physical disability, or if the victim is under the influence of drug or alcohol. this can only be determined after an investigation is completed. This comment on what is written on the medical report from husin lempoyang's blog is really interesting and it shows that sodomy actually takes place...
Monday, July 21, 2008
the puzzle don't look right
well... that's it!!! i'm truly disillusioned with RPK over his article in Malaysia Today regarding an alleged government's tampering of anwar's DNA in the new sodomy allegation against anwar.
1st, its his hearsay SD and now this.... what exactly are you championing RPK? what cause?
*sigh...*
1st, its his hearsay SD and now this.... what exactly are you championing RPK? what cause?
*sigh...*
i give me the creeps
that's rite. i creep myself out sometimes. it's uncanny how no matter how cliche' it is, history does repeats itself. Be it country, organisations, people ... individuals......yourself too.
we repeat our history, our folly, our weakness time and time again. thing is... you don't realise it's happening... it creeps on you... then suddenly, it knocks u on your head and wham!!! you'd be thinking - how did i get here?!! why did i do that? why didn't i do that? won't i ever learn!!?
most of the time i think i knew the what, why, where, when and who of the matter...
oh hell, i'm so sleepy..... to be continued.........
we repeat our history, our folly, our weakness time and time again. thing is... you don't realise it's happening... it creeps on you... then suddenly, it knocks u on your head and wham!!! you'd be thinking - how did i get here?!! why did i do that? why didn't i do that? won't i ever learn!!?
most of the time i think i knew the what, why, where, when and who of the matter...
oh hell, i'm so sleepy..... to be continued.........
Saturday, July 19, 2008
Flip-flop anwar
1st it's mubahalah, then his DNA and now the 16th Sept. takeover of malaysian government!!
This is what he said as reported in malaysian insider - "Even if we don't come to power, we will have elections very quickly," hahahaa!!! anwar is such a joker!! he just makes my day...
This is what he said as reported in malaysian insider - "Even if we don't come to power, we will have elections very quickly," hahahaa!!! anwar is such a joker!! he just makes my day...
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