The decision of conviction and sentence imposed on Anwar Ibrahim, the former Deputy Prime Minister and Sukma Darmawan Sasmitaat Madja, the adopted brother of Anwar Ibraham, are viewed by many members of the Bar and many members of the public with great dismay in view of the irregularities that occurred at the trial and the evidence that was adduced at the trial as reported.
Several aspects of witnesses' evidence have caused great concern with regard to the conviction. It has been reported that Azizan Abu Bakar, the complainant, was not able to explain the changes in the dates on which the sodomy was alleged to have been committed. Initially the charge stated that the alleged offence took place some time in 1994 which was then amended to 1992 and later amended to some time between January and March, 1993. The offence by its very nature is one which depends entirely on the direct evidence of the complainant himself.
The unsatisfactory evidence of Azizan Abu Bakar as to the date of the commission of the alleged offence, raises doubts as to whether the alleged offence has been proved beyond reasonable doubt. This is just one aspect of many others which raises severe doubts as to the commission of the alleged offence. The sentence of nine (9) years imprisonment imposed by the Court on Anwar Ibrahim to run consecutively with the earlier sentence of 6 years imprisonment is manifestly excessive and harsh. The sentence of 6 years and four (4) strokes of the rotan for the alleged offences committed by Sukma Darmawan Sasmitaat Madja is also manifestly excessive and harsh.
The trial has been closely followed, locally and internationally and the decision, although delivered only yesterday has already been adversely commented upon by a number of groups concerned with the question of judicial independence. Looked at objectively the criticisms levelled against the way the trial was conducted and the decision itself merit consideration. They cannot, as is our habit, be dismissed off-hand as having been made by foreigners or persons having ulterior motives. If we are to ever begin to put things right again, we must either answer these accusations rationally or take necessary remedial steps.
An independent Judiciary is essential to a working democracy. Without it, confidence in the Government itself is undermined. At a time when globalisation is to be the by-word for economic development and national well-being, it is not the verdict of the High Court in the sodomy trial that counts as much as how sound it is having regard to the facts.
The Bar Council has in the past attempted to discuss issues pertaining to the independence of the Judiciary but has on two (2) occasions been stopped from doing so by Orders of the Court.
The recent statement made in the Court of Appeal that the conduct of Judges and of the Judiciary cannot be discussed publicly except in Parliament only makes Judges no longer accountable to the public.
The Bar Council calls on the Government to deal with the question of the independence of the Judiciary as a matter of urgency.
2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Talk on Intellectual Property Law (10 Feb 2012) Organised by the Selangor Bar Committee, the talk on “Intellectual Property Law” will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 10 Feb 2012 (Friday). The talk will feature Bahari Yeow Tien Hong. Click on the link above for more details.
The Case of the Missing Penang Lawyer: Charity Treasure Hunt 2012 (12 Feb 2012) Organised by the Penang Bar Committee Social Subcommittee in aid of the National Autism Society of Malaysia (NASOM), this event will take place at Straits Quay, Penang, on 12 Feb 2012 (Sunday). Deadline for registration is 6 Feb 2012 (Monday). Click on the link above for more details.
Seminar on the Fundamentals of Bankruptcy Proceedings (21 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, the seminar on “The Fundamentals of Bankruptcy Proceedings”, featuring Sanjeev Kumar Rasiah, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 21 Feb 2012 (Tuesday). Click on the link above for more details.
Seminar on the Fundamentals of Conveyancing (24 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar featuring Jeremiah R Gurusamy will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 24 Feb 2012 (Friday). Click on the link above for more details.
Mediation Skills Training Course (29 Feb to 4 Mar 2012) Organised by Bar Council, the Mediation Skills Training Course will take place at 8:30 am to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 29 Feb to 4 Mar 2012 (Wednesday to Sunday). Deadline for registration and payment is 17 Feb 2012 (Friday). Click on the link above for more details.
Talk on “Land Fraud: An Australian Perspective” (13 Mar 2012) Organised by IGIL, GSGSG and UUM COLGIS, this free talk featuring Quintin George Rozario of Delta Law, Brisbane, Australia, will take place at 9:00 am, at Dewan Seminar A, Pusat Konvensyen, Universiti Utara Malaysia, Kedah, on 13 Mar 2012 (Tuesday). To RSVP, contact Mr Abutt (04-928 4397; abutt@uum.edu.my).
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Circular No 019/2012: Change of Address for Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan
