I further related that Najib offered to create a special post for Mohd Yusof -- Solicitor-General II. That post, I explained, did not exist yet and would be ‘personal to holder’ (you know what that means, right?). I also said that Mohd Yusof agreed to stay on and lead the Prosecution for Sodomy 2 if he can be given an assurance that he would have a free hand and there would be no political interference. Furthermore, the AG must be told to back off and not interfere.THE CORRIDORS OF POWER
Raja Petra Kamarudin
I notice that many of you are now singing the praises of former Solicitor-General II, Mohd Yusof Zainal Abiden. Some of you sound like you would like to suck his dick. Doesn’t this make you feel downright stupid? Just a short while ago you were cursing him, the entire Malay race, Islam and Prophet Muhammad all in the same breath.
I suppose this proves that many Malaysians suffer from the sickness of the mouth moving faster than the brain. They shoot their mouths off before they can think -- that is even if they are capable of thinking in the first place. Hence, one day you shove your dick up somebody’s arse and the next day you suck that person’s dick, or vice versa.
Now, before you all froth and foam at the mouth, calm down, sit back, and count to three. For those of you who are capable of counting to more than that, you have my permission to count to ten. Oh, by the way, this article is meant for those people who the Malays would say, makan cili rasa pedas. If you did not eat any chili then you can skip this article and go read something else.
Do you remember, in a recent interview, I said that Anwar Ibrahim was receiving a fair trial when I was asked my opinion regarding the Sodomy 2 case? And do you remember I also said that I believe he would be found guilty?
Well, actually I said many other things as well. But let us focus on just those two issues because many of you will get your panties all twisted into knots if I confuse you by talking about too many issues in one article. Later we can talk about the others issues. But let that be in another article.
Now, reflect on what I have already said in my earlier articles. And I have said this more than once. Nevertheless, if I do not repeat what I have already said, by now many of you will be blur. So I am going to repeat it.
According to British law, which Malaysia has adopted, in a criminal indictment, the onus of proof is on the Prosecution. The Prosecution has to prove the guilt of the accused. The Defence has to do nothing other than raise doubts. And if the Defence can successfully raise doubts, then the benefit of the doubt must be given to the Defence.
Have you heard this phrase before: benefit of the doubt? I am sure most of you would have unless you went to a Malay, Chinese or Tamil school. (Now do you know why mother-tongue education is bad? They don’t teach you phrases like ‘benefit of the doubt’).
However, although Malaysia is supposed to practice British law -- with some Shariah law thrown in for those who cannot keep their peckers in their pants or their panties from dropping to their ankles -- there is a certain deviation in application. And this deviation would be in cases that are political in nature. Then it is the Defence that needs to prove innocence and not the Prosecution that needs to prove guilt.
Hence, people considered enemies of the ruling party would most likely get sent to jail because they failed to prove their innocence rather than because the Prosecution successfully proved their guilt.
Is that first point very clear, children?
Hence, also, there is a strong likelihood of Anwar being found guilty for Sodomy 2. And the fact that Malaysia has abolished trials by a jury of your peers and, therefore, only one man, the judge, decides the case, and the fact that this one man, the judge, can be blackmailed (with sex scandals) or bribed (with promotions), most likely he or she would rule in favour of the ruling party.
This is, of course, mere speculation, but speculation based on historical evidence -- the Corruption-Sodomy 1 trial being one such historical evidence. In the Corruption-Sodomy 1 trial, the judge clearly said that Anwar is guilty because he failed to prove his innocence. And Anwar was sentenced to a total of 15 years jail for those two verdicts.
Okay, that settles the issue of why I said that Anwar would be found guilty. Nevertheless, I was wrong. Somehow, the judge did not do what he was expected to do and even many in Umno were shocked. Why did the judge not do the ‘right’ thing and send Anwar to jail?
Did Anwar buy off the judge? Is the judge corrupted? Did Anwar promise the judge that he would be made the Chief Justice once Pakatan Rakyat takes over the Federal government? Or is the judge merely a God-fearing man who is worried that if he does not do the right thing he may end up in hell once he dies?
Okay, now let’s talk about the second point -- the part that I said Anwar would receive a fair trial.
Again, if you can remember, I said that Mohd Yusof Zainal Abiden and the Attorney-General (AG), Abdul Gani Patail, were at loggerheads. I mentioned that Mohd Yusof wanted to resign but Prime Minister Najib Tun Razak convinced him not to.
This is because Najib wanted Mohd Yusof to lead the Prosecution in the Sodomy 2 trial. Once that is over then Mohd Yusof can resign and go into private practice.
I further related that Najib offered to create a special post for Mohd Yusof -- Solicitor-General II. That post, I explained, did not exist yet and would be ‘personal to holder’ (you know what that means, right?). I also said that Mohd Yusof agreed to stay on and lead the Prosecution for Sodomy 2 if he can be given an assurance that he would have a free hand and there would be no political interference. Furthermore, the AG must be told to back off and not interfere.
Najib agreed to Mohd Yusof’s terms and Mohd Yusof, in turn, agreed to stay on and lead the Prosecution as the Solicitor-General II.
When I was in Australia, I spoke to a good friend of mine, a Malaysian lawyer who personally knows Mohd Yusof. This friend of mine said that Mohd Yusof was a God-fearing man and my friend’s opinion was that Mohd Yusof would give Anwar a fair trial. My friend felt that Mohd Yusof would never fix Anwar up like they did in the Sodomy 1 trial.
I do not personally know Mohd Yusof. But my friend does. And I trust my friend. And if my friend says that Mohd Yusof would never rig Anwar’s trial then I would trust what my friend said. After all, you have to trust someone. And if you can’t trust your friend, then who can you trust?
Hence I opined that Anwar would get a fair trial based on my friend’s ‘endorsement’ of Mohd Yusof. And I also opined that Anwar would be found guilty based on how Malaysian courts adopt the ‘guilty unless you can prove you are innocent doctrine’.
I had confidence in Mohd Yusof. But I did not have confidence in the judge. I suspected that Mohd Yusof would not rig the trial. But I suspected that the judge would do the ‘politically correct’ thing by sending Anwar to jail.
I was right on one count and wrong on the other.
So you see, while many of you allow your emotions, sentiments, prejudices, perceptions, etc., to guide your judgment, I weigh the facts and try to arrive at an educated guess. I may still be guessing, no doubt, but it is a forecast based on taking the pluses and minuses and seeing what ends up at the bottom-line.
In other words, I do proper ‘accounting’ to get to the answer. And I am prepared go against convention and popular beliefs if I think that the evidence proves otherwise. I do not care about the herd. The herd can move one way, as herds normally do. I am prepared to go the opposite direction if I think that the herd is wrong.
And, today, the herd that had all moved one way has changed direction and has moved the other way now that Mohd Yusof has joined Anwar’s Defence team. I am still moving in the same direction that I moved from the beginning while all of you are now trailing behind me in the same direction that I am moving.
There are only two types of people in this world, the leaders and the followers. 99% are followers while only 1% are leaders. Which group do you think you are in?
Ooh.. it is so nice to be able to say, ‘I told you so’.