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)