General practice in Malaysia is for the prosecution to make all evidence available to the defense during the pre-trial period. In Anwar's case, the court concluded that the defense could request the information during the course of the trial.
Human Rights Watch
Government prosecutors in the trial of Malaysian opposition leader Anwar Ibrahim should turn over their evidence to the defense before hearings resume in order to comply with fair trial requirements, Human Rights Watch said today. The government has charged Anwar, head of Malaysia's opposition coalition Pakatan Rakyat (People's Alliance or PKR) with "sodomy" for alleged consensual homosexual conduct.
Anwar, 63, faces a possible 20-year prison term and whipping under a colonial-era law that criminalizes "carnal intercourse against the order of nature." Even if he is imprisoned for only one day or fined as little as 2,000 ringgit (US$625), Anwar would be forbidden by election law from running for office for five years. In 2008, the PKR had made political gains that ended the two-thirds parliamentary majority long enjoyed by the ruling coalition, Barisan Nasional (National Front or BN).
"Basic fair trial rights require giving Anwar access to the prosecutor's evidence so he can defend himself," said Phil Robertson, deputy Asia director at Human Rights Watch. "Unfortunately, the prosecutors have tilted the playing field against Anwar by keeping key documents from his lawyers."
Human Rights Watch said that the government has yet to fulfill a February 9, 2010 promise by Nazri Abdul Aziz, a senior government minister in the Prime Minister's Department, that the "rights of both the accuser and the accused will be respected during the trial of Mr. Anwar."
Since Anwar's arrest on July 16, 2008, the case has featured repeated court rulings denying defense requests to provide crucial prosecution documents. The courts have denied access to the list of proposed prosecution witnesses and their statements to prosecutors, including those of Mohd Saiful Bukhari Azlan, a former aide to Anwar and his accuser. They have also denied defense access to a security video recording from the condominium where the alleged crime occurred.
The courts have also denied defense requests for copies of clinical and other notes, reports, materials, and specimens related to Saiful's examination by three Kuala Lumpur Hospital doctors on June 28, 2008, two days after the alleged incident. Additional requests for the accuser's complete medical history, for the doctors' qualifications and experience, and for the standard sexual assault equipment and kits used to examine alleged victims were also denied. A forensic expert hired by the defense complained that lack of such evidentiary materials would hinder his ability to assist the defense during the cross examination of the three doctors.
In the latest development, the Court of Appeal has scheduled a hearing for August 6 on Anwar's appeal seeking access to the medical records, which will be several days after the three doctors are scheduled to be cross-examined by the defense.
General practice in Malaysia is for the prosecution to make all evidence available to the defense during the pre-trial period. In Anwar's case, the court concluded that the defense could request the information during the course of the trial. However, when the trial got under way on February 2, 2010, and the defense asked for disclosure, the judge said he was restricted by the pre-trial disclosure decision. The only information available to the defense comes from the in-court testimony of prosecution witnesses.
"Anwar's lawyers have been forced to defend their client with one arm tied behind their back," Robertson said. "By failing to turn over critical evidence, the courts and the prosecutors are only raising doubts about the fairness of the proceedings, and demonstrating again that the charges are politically motivated."
The proceedings appear to contravene section 51A, a March 2006 amendment to Malaysia's Criminal Procedure Code designed to encourage wider access to prosecution evidence. The section includes a provision for the prosecution to turn over "any" document that it will use as evidence and a written statement of facts favorable to the defense with the exception of any fact that "would be contrary to public interest."
"The Malaysian government asks the international community to honor its democracy and commitment to rule of law, but there is a wide gap between government rhetoric and the reality," Robertson said. "If the government is sincere about holding a fair trial, then it needs to order the prosecutors to turn over the documents Anwar's lawyers have requested immediately."
written by asiana888, July 30, 2010 18:50:44
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written by Better My, July 30, 2010 10:05:28
Q Do you have Plan B or ready for Plan B should Anwar be convicted in this sham trial?
Q Galvanise peaceful protest against outcome in favour of the bad force
Q Who takes over the lead or becomes the focal point in PKR, assuming with less involvement of wife Wan Azizah?
Q Who is going to be "mongrel-like clone of Anwar?
Q Is electioneeering mechanism going to be run independent of Anwar?
Questons
More Questions to ask now in preparation of the mother of all unjust poltical court decision.
Be ready as this bad Malay mob is quite intent to screw up Anwar (I am, a malay too) by crook and more crook means.
SABM
Gerakan Mansuhkan ISA (GMI) and Suara Rakyat Malaysia (SUARAM) would like to invite all concerned citizens to a Candle light Vigil in conjunction with 50 years of ISA. The Vigil will be held on Sunday, 1st of August 2010 at several parts of Malaysia :
***********
SPECIAL thanks to all the individuals, coordinating in each state. You are champs. - From Better_My
**********
State Place Contact Person
Selangor Dataran MBPJ, Nalini: 019 3758912 (to get updates)
Padang Timur (Opposite Amcorp Mall)
Penang Speakers Square Jing Cheng: 012 7583779
Perak Dataran Bandaraya Ipoh Dr. Kumar: 019 5616807
Kedah Dataran Zero KM, Simon Ooi : 012 4202264
Kelantan Taman Hijau, KB Zaidi: 0123840415
Seremban Dataran Seremban Veron: 016 6687900
Sibu, Kuching and Johor will be confirmed soon.
Londo - Abolish ISA Solidarity Watch - Sunday 1st August, 12-2pm, Trafalgar Square,
Australia - ??
Wear some or full red or black, as put forward by Voter Get Voter.
If you can’t make it to these sites, light candles wherever you are at some lunch or dinner tables. Show that you demand the rules that you want to live by in our very own beloved nation. Dont ever forget, all other nations are taken. It is the right conscience thing to do. Just do it.
TELL your friends.
http://sayaanakbangsamalaysia....&Itemid=97
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written by bambooman, July 30, 2010 09:40:26
have you read this piece of article?????......and you have confidence in the judicial systems????........my foot!!!!
oh yes!!!!!.......i forgot, you are UMNO and Mahathir's lap-dog!!!!!.......so, you are confident in it!!!!!
well, what to do with useless people like you!!!!!!...........serves you right....that you are sent to jail for the rest of your life!!!!!.....bon voyage!!!!
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written by biopunk, July 30, 2010 09:29:03
Now with a bit of more prayer and doa, By the power of The Almighty will take UMNOs and Cronies tumble down forever!!
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written by Semuaok, July 30, 2010 09:28:00
Learn from Human Rights Watch, they have no prove either and they put their head out for you. When are you going to stand up for your man.
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written by Eskay345, July 30, 2010 08:01:06
This is plain and obvious "PERSECUTION" of the Opposition Leader.
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written by eloofk, July 30, 2010 07:50:20
Without this information, how is the accused going to defend himself?
This is prejudicial to the accused and that justice is not seen to be served.
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written by red1, July 30, 2010 07:40:37
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written by Citizen Watch, July 30, 2010 05:32:47
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