Tuesday, July 29, 2008

Sodominology & Bodohology

Deputy IGP Ismail Omar warn everyone, including bloggers, not to disturb police investigations by disseminating material or information that is inaccurate or false.

Health Ministry Director-General Dr Mohd Ismail Merican said the Health Ministry prefer to stand by the findings of the medical examination conducted on Mohd Saiful by doctors at the Hospital Kuala Lumpur and not concerned with those from Dr Mohamed Osman from Hospital Pusrawi.

Source: Malaysiakini

Home Minister Datuk Seri Syed Hamid Albar said the Government will not direct the police to drop its investigations into the Datuk Seri Anwar Ibrahim sodomy case just because a medical report said the complainant had not been sodomised. Syed Hamid said the medical report from Hospital Pusrawi was “just one piece of evidence in a whole chain of evidences” at which the police were looking.

Syed Hamid also said it was unethical for the medical report to be leaked, as this constituted a breach of trust between the doctor and patient, and urged the medical fraternity to look into this.

Source: TheStar Online

Sodominologist's dissertation

The police would not accept a doctor's examination from the govt. funded hospital? Funny? It seems they preferred something else; we don't know. A medical report is a piece of legal tender which would be used in the court to determine the allegations against a person accused of the said crime and such evidence is enough to derail the burden of proof. Criminal law requires that the burden of proof must be beyond reasonable doubt; this piece of evidence cut-through this essence of actus reas and create doubts unless that Dr Mohamed Osman produced another Statutory Declaration to declare his own fraudulent act or would stand in the court to denounced his own findings or claimed that the document is fraudulent.

The justice system cannot pick and choose evidences; they cannot be seen to have preferences over a bulk of evidences. Saiful was at the Pusrawi hospital at 2pm and the medical examination report said there was no evidence of foreign object that had trespassed his anus. Saiful was at the KL Hospital at 6pm and even if the doctors's findings did show that his arsie had been trespassed by a dick, then the court would have to consider whether Saiful had got himself raped during the 4 hour lapse or the prosecution must proved causation and that the chain was not broken during that lapse time or there was sufficient evidence to show that Anwar was the person who did it between 2pm-6pm on that day.

What is puzzling is that Home Minister Syed Albar, himself a lawyer, and competent in law, could beyond legal comprehension states that “just one piece of evidence in a whole chain of evidences” at which the police were looking. In Criminal Law, just one piece of evidence is sufficient to create an element of doubt which derails the burden of proof beyond reasonable doubt. That statement implied some thoughts and motives that belied the intention of the pursuer. It sounds like: "we will nail him at all cost." Maybe, Parliament can consider to amend the penal code and the strict burden of proof and make it easier to prosecute and indict; but that would itself made the country's justice system an international clown.

We hope that the law makers and the executives would have common sense and the intellect to discern. The world is watching Malaysia and we may be grouped alongside Zimbabwe and the 4th World Pariah Nations.

This is what sue-aleen said:

"Bila hati dah marah, segala nampak buruk.
Bila hati dah buta, pertimbangan akal juga makin tersasar."

(Note: the quote is used without first asking permission. I had just asked)

14 comments:

sheriff said...

funny that our police and ministers seem to sound like mugabe these days...

Anonymous said...

mugabe,

take credit we have learn well from you which is to manipulate the laws and compromise the vital institutions to preserve power. we are so glad coz we will be joining bethrens of yours who are now billionaires and trillionaires in no time. and we surely enjoy the 3,000,000% and rising inflation rate.
no wonder, mahatir loves you like his own brother. and Badawi, i am sure despite his differences with Mahatir will look up to you, Mugabe as his mentor.
Here we come, Zimbabwee.

nixon said...

Maybe we just wait until the investigation is completed. There is no need to speculate because there is no use.

Anonymous said...

Proper procedure the victim (raped/sodomised) report at police station 1st then escorted by the police for medical check up.

Sheikhfool did not report at police station and was not escorted by the police to GHKL.His arsehole could have been biten by a 'snake'.

Anaconda

Maverick SM said...

Sheriff,

No mugabe lah! They sound like their true self.

Nixon,

You are right; all these were never about us and won't hurt us; it hurts others and we are safe. We should just let the police do what they like and even if they need to conspire, we should also allow them as they are powerful. We must remain loyal citizen.

Anaconda,

Snake again? and bite the arse? wah!

psc said...

S.H.Albar----His ignorance is encyclopedic

suealeen said...

mave,

“just one piece of evidence in a whole chain of evidences”. that piece can become a reasonable doubt.

i think they can't even think and talk properly anymore. when you're with them everything looks good on you especially when you're powerful, but if you're not a part of them anymore, everything turns to bad. why on earth they are being so 'mad'?

and the worse.. the world is watching us!

*aiyahhh that quote thing... malu la saya.. toce anyway*

Maverick SM said...

psc,

Mana ada malu?

Suealeen,

Thanks for your permission to use the quotation.

I have to agree with your opinion here.

Chauncey Gardener said...

If the Home Minister actually said “just one piece of evidence in a whole chain of evidences”, then he has basically confirmed that that medical report does exist.

Sorry lah Mave, your prediction (in your reply in your earlier article) that it will disappear may not come true since the Home Minister seems to have acknowledge its existence.

This medical report will be a crucial piece of evidence as it does create a reasonable element of doubt, which any criminal court must consider .... unless it is Augustine Paul who is the judge.

Khun Pana said...

Luckily the medical examination from the private hospital leaked or "bocor"!
The entire chain of event are now a complete whitewash by a simple "bocor".
Unless the polis adds in more events.
Saifool better run and hide from the polis .
As Saifool is now totally useless , i guess the government and polis will take him out .
The take him out here is not taking Saifool to the Lake Garden for a walk . Hopefully Saifool will not ends up like what they did to Altantuya .
Saifool's life is in great danger.

Maverick SM said...

Chauncey Gardener,

You would be surprise of creativity and innovations.

Khun Pana,

There are many views of the events and we may be hearing more.

Oreo said...

I ain't no legal expert but Mave, what if there are more than one medical writing on the matter now from a doctor and another medical specialist? does that not throw doubt on that piece of evidence that RPK raised too?

Chauncey Gardener said...

"You would be surprise of creativity and innovations."

Mave, you are probably right, since it appears taht the police is likely to go ahead and charge DSAI based on "scientific evidence".

Mere rakyat like us have to watch from the sidelines as the goalposts move.

Maverick SM said...

Oreo,

In legal opinion, it doesn't matter it is a specialist or a medical doctor so long as the law grant them the certification to practice.

A specialist report would be needed for critical cases which the science of medicine would impute the specialization of the subject matter; but sodomy is just an ordinary medical science.

Chauncey Gardener,

Now you got my point.