Ariffin Jaka’s
judgement in the Anwar sodomy trial will go down as a prime example of
Malaysian dunghill justice. So smelly is his judgement and so flimsy his
reasons that he practically insults the intelligence of all sensible people
who have every right to expect a more substantive judgement even from a
puppet judge in a kangaroo court.
The main thrust of this puppet judge’s argument is that Azizan had no reason to lie and had nothing to gain by lying. What a wonderful general purpose non-reason for convicting a man, straight from the school of puppet judges to be used against any defendant where hard evidence is lacking. It should not be too difficult to convict any man in Malaysia of rape or sodomy on this premise especially when the accuser does not need any witness, corroborative evidence or even to be medically examined.
As for Ariffin’s argument that Azizan’s testimony was corroborated by Sukma’s confession, this is the most disgusting, slimy, vomit-inducing piece of fake evidence accepted by any dunghill court. Sukma had already testified that his “confession” is false and forced from him by the police while he was held in the police dungeon so what more does the judge need to throw out the forced confession? Just the fact that it has been repudiated by the confessor should be good enough for any decent judge to reject it but Ariffin Jaka is no decent judge. He is a spineless morally gutless puppet dancing on a chain to Mahathir’s tune.
Let us teach this black judge a little legal principle. Notwithstanding that any confession extracted from the police dungeon should always be treated with suspicion, it can only be accepted at face value in a court if it involves only the confessor himself. If that confession implicates somebody else, it cannot be accepted as truth without proper investigation no matter how strenuously the confessor says so because IT IMPLICATES ANOTHER PERSON who must be treated fairly. What Ariffin Jaka has done is not only to blindly accept Sukma’s “confession” with detriment to Anwar but also to accept a confession which has been repudiated! The prosecution scrapped the bottom of the barrel for evidence and could only come up with this piece of shit. What is even more amazing is that the judge accepted it. Small wonder that the judgement STINKS of political interference and when it is delivered by a judge sitting on a pile of dunghill, the STENCH is overpowering.
The judge became ridiculous when he praised Azizan for being a reliable and creditable witness. He himself had scolded Azizan during the trial for saying one thing today and another thing the next. The star witness had reversed himself in a previous court testimony and had admitted that he was coached by the police on the period of the alleged offense. Conveniently he could not remember any dates and he could not explain why he continued visiting Anwar’s house for 5 years after he was supposed to be sodomized. There was not even a stained mattress to help his pathetic testimony.
Being ridiculous is one thing but when judge Jaka became illogical it is time to question whether he bent over too far backwards to serve his master and got sodomized as a result. This contemptible judge rejected Anwar’s defense of alibi on the premise that it did not cover the period from Jan 1 to Feb 12. In fact Anwar’s counsel had submitted that the beds were only delivered after Feb 12 and evidence was produced to show that the apartment was in a state of renovation before Feb 12. How is sex to proceed in an apartment without any beds amid the rubble and the dust of renovation and workmen banging away? Isn’t Ariffin Jaka really sick and sickening in stretching his lies to breaking point to find Anwar guilty?
Ariffin Jaka appears to have placed the burden of proof on Anwar to prove himself innocent rather than on the prosecution to prove him guilty. The presence of a bed is important because Azizan claimed that he was sodomized on a bed. Jaka said that even though the beds were delivered on Feb 12 this does not mean that there were no other bed or mattress. Did the prosecution proved that there were other bed or mattress? No! The judge was speculating and his speculative frolic is enough to prove the case to him "beyond reasonable doubt". If the prosecution cannot prove that another bed was present before Feb 12 than that should be reason enough to throw out the case.
The most comical aspect of this courtroom spectacle was when Ariffin Jaka threatened to charge Anwar for contempt of court. If it weren’t such a gruesome circus, we would all laugh. An utterly contemptible court expecting respect indeed. Respect must be earned by being fair and honourable but Ariffin Jaka has earned our utmost contempt as a morally unfit judge who rode roughshod over all principles of justice and jurisprudence to convict an innocent man.
As for the harsh sentence of 9 years to be served consecutively with the previous 6 years, it could only have come from Mahathir himself. How can a case of consensual sodomy between adults be punished with 9 years? What is the harm done to society and the public even if it had taken place? This harsh sentence alone which is far in excess of the nature of the charge shouts in no uncertain terms that this is indeed a political persecution. How is one to reconcile with the fact that Azizan (nothing to gain except to be elevated from driver to company director) escaped punishment?
Malaysians deserve better than this. We have been openly deceived, lied to and given a shameful display of arrogant power where might equals right and truth and justice are nothing but house dust which can be swept away if politically expedient. We have seen the courts abused to crush political enemies in revolting show trials. We deserve better than a prime minister who has no sense of morality and decency and like Stalin and Hitler will abuse every instrument of democracy to serve his political ends.
What is all the more anguished is that all this has been done in the name of justice which has been twisted, beaten and battered to serve the evil designs of one man. Our society has been morally damaged to the core, the young and impressionable are given a taste of barbaric justice as if power equals the right to crush anyone who gets in your way. We are in grave danger of moral bankruptcy.
It would be better if Mahathir had imprisoned Anwar under ISA for as many years as he likes just like Lee Kuan Yew did to Chia Thye Poh and bear the responsibility of being cruel. At least it would not damage the moral foundation of our society so much. But in abusing the courts, the police and the Attorney-General’s office to carry out his personal vendetta against Anwar including trampling on innocent lives, Mahathir hopes that the responsibility for his evil will be borne by these public instruments. The implication for Malaysian society will be horrendous. Our heroes are now scums like Azizan Abu Bakar and Ummi Hafilda Ali. The damage done will take generations to undo as our youth grasps at the tenuous concepts of goodness, fairness and justice which have been beaten by lies, deceit and falsehoods.
To Mahathir we must say emphatically that WE ARE NOT FOOLED! From the onset of the trial when the date of the charge twice to fit Azizan’s shifting testimony and the embarrassing reality that that alleged apartment was not even completed in the year claimed, we all knew what was going on. It is no use treating the public as fools who cannot understand a public trial. It is adding insult to injury to expect the public to accept this charade as a fair trial just because you and your lackeys say so.
What a hollow victory for Mahathir it has been. He lost the respect of a large section of the population who once adored him. Of his ministers, only the lapdog Ling Liong Sik and the fool Foreign Minister Syed Hamid defended the judgement. His other ministers and political leaders, normally loud and vocal in their support of their brave leader are unaccustomedly silent. Even these political sycophants dare not risk the tide of popular sentiment by speaking out to defend this blatant rape of justice. In Mahathir's victory lies his biggest defeat and in Anwar's courtroom defeat lies his ultimate victory.
Mahathir tried to hide under a veneer of decency by abusing the courts
to do his dirty deeds but he cannot hide the smell he emits. He is nothing
but a dunghill covered with flowers. He does not deserve to a leader of
a modern democracy. U.S. Secretary of State Madeline Albright said it succinctly
when she said Malaysians deserve better than Mahathir. Hitler and Stalin
would have been proud of him.
Contributed by:
Augustine (he’s a bigger monster than me) Paul