Thursday, August 07, 2008

Saiful thank Allah for Justice done

TheStar Report:

Saiful thankful Anwar finally brought to justice

Mohd Saiful Bukhari Azlan is thankful to Allah that Datuk Seri Anwar Ibrahim will finally be brought to face justice.


Saiful also hopes that all Malaysians will pray that the legal process is carried out smoothly so the truth can be proven in a just manner,” he said yesterday.

I am perplexed and puzzled! Anwar is charged for consensual sex and Saiful thank Allah that his consensual partner in the sexual act had now being charged in the court. If it is consensual, does it mean that Allah is granting Saiful justice? I am perplexed and confused!

Dear Malaysian, Saiful ask all of you to pray that the legal process is carried out smoothly so that the truth can be proven in a just manner. I don't really understand what he means; but I presumed that if two parties had agreed to have anal sex, I can't configure what kind of justice is Just and Fair and can be carried out smoothly in order to convict one party to an unlawful act; it must mean that both parties who had consented to an unlawful act are both guilty of the same crime.

Could a prostitute (who is above 18 years of age) who accepted and agreed to have sex with a customer and then received payment for the service provided later make a police report and claim that the customer had rape and paid her for the sexual act for which she had earlier agreed to perform? Prostitution is a unlawful act; but based on the above analogy, the customer can be charged for rape although it is unclear whether the police would have acted saifully.

Prime Minister Abdullah said that the police were duty bound to charge Anwar because they had to protect the rights of Anwar’s accuser Mohd Saiful Bukhari Azlan.

“Don’t forget that there is another person, Saiful. You seem to forget Saiful and you think Anwar is more important. This is the issue of the law,” he said.

On whether Saiful would also be charged if he was a willing partner, Pak Lah said:

“You better read your law. If there is rape the accused will have to face action. This is a matter for the law. But I am not lawyer and I won’t get involved. We’ll see what happens in court.”

Source: Pak Lah: I am not involved in sodomy charge


Dear PM, I read law and I understand law. But the charge is consensual sex, not rape, sir?

Dear PM, I know you are not a lawyer, but you have many advisers who would have briefed you on the aspects of the law. In consensual sex, both party consent to have the sexual acts and both agreed to have the fun.

I have read your statement earlier in which you said Saiful must be given justice based on the rule of law.

This is what you said, dear PM,and it was published on 2 Aug 2008 NST Prime News page 8:

“We must remember that the complainant (Mohd Saiful) has lodged a report and what he is looking for is justice. We must not forget him. We must carry out our responsibility so that Mohd Saiful’s claims are brought to court for a decision to be made in the name of justice. In this country, everyone is entitled to justice based on the rule of law."

But sir PM, Saiful is the complainant and he is entitled to justice based on the rule of law. But that is for those who were raped, sodomised without consent or by unlawful acts. Anwar is charged for consensual sex which means that the police and the attorney-general or solicitor-general must have concluded that both Anwar and Saiful had agreed to the sexual act albeit using the backside. So how is justice done when one party who had consented to do an act is accusing the other party of agreeing to act? I am perplexed and I am confused with our jurisprudence and the rule of law, dear PM.

24 comments:

Bung Karno said...

The de facto Law Minister who is to advise Dollah is still at the bar. Let him bathe first to sober up.

Anonymous said...

what? what is happening?

badawized again? hamid is going to lose another island? no sir, he cant coz he is now in the ministry of internal security and therefore doesnt deal with foreign affairs.

thank god otherwise maalysians will have their arses sodomised by the neighbour.

msiaman said...

Talked as if he is concerned about the 'little' people? If the PeeAm is so concerned about the people, he ought to leave it to the system. Even though everyone knows they are bunch of crooks, we may not see the big idiot talking nonsense.

Talk about due process. I for one was denied due process by the corrupted Police Dogs. Can I get the Pee Am to ensure the police do their part?

Anonymous said...

aiyah, this pak lah as usual blurrrrrrr about everything.

hoi kaki tidur, pls la! its consensual sex NOT rape.

since you know nuts about anything, just shut the f**k-up.

Maverick SM said...

Bung Karno,

No lah; he is at home with his Home Manager.

Msiaman,

Why didn't you go see najib?

CaptainCaveman said...

Sure our dear PM is not a lawyer. I am not a lawyer too.

I am not surprised to hear those statements from our PM. He is trying to tell us that, certain laws applied to certain people and depend on the 'situation' lah!

So if Anwar complained first that he was 'sodomized' by Saiful, then it is Saiful who will be charged and not Anwar! Hahaha!

Maverick SM said...

CaptainCaveman,

You have a good point.

Purple Haze said...

The judge in this case (when it is brought up for mention in Sept) should throw it out on a technicality (just like another case in recent times on reverting out of a certain religion, based on misnaming).

Why ? The supposed original police report lodged claimed that the victim was sodomised by the accused against his will and now, it appears that it was consensual. That is a glaring technical error based on misreporting.

Of course, we don't know (yet), if there is a "separate" police report, since the police do not wish to reveal any part of their invetigations at the moment.

I think this case is gonig to be a waste of taxpayer's resources.

Anonymous said...

from The Star;

THE main difference between Section 377B and 377C of the penal code is the element of consent and the penalties, said Bar Council Criminal Law Committee deputy chairman Rajpal Singh.

"Section 377B (the charge in Anwar's case) is where anyone who voluntarily commits carnal intercourse against the order of nature, which is punishable by jail term which may extend to 20 years, and whipping," said Rajpal.

"Section 377C, on the other hand, is where someone commits carnal intercourse against the order of nature on another person without the consent or against the will of the other person, for instance by putting the other person in fear of death or hurt," said Rajpal.

He said the punishment for 377C is more severe in that there is a minimum jail term of not less than five years, and not more than 20 years, and shall also be liable to whipping.

Rajpal said both sections have to be read in context with Section 377A, which was introduced last year to define "carnal intercourse against the order of nature"

Section 377A defines ‘carnal intercourse against the order of nature’. It means basically, any person who has sexual connections with another by the introduction of the penis into the anus and mouth of the other person, said Rajpal

____________

377C is without consent with threat.So it's off.

What about, with persuasion but reluctant?

Maybe we should have 377D or Z


Tricky...

artchan said...

mav...

maybe saifool slept thru it..like our PM..sleeps thru everything..parliament, umno meeting, merdeka celebrations..etc


This whole thing is a joke the country cannot afford. And we have PM talking rubbish, with his advisers feeding him rubbish.

Yan said...

Almost everytime when our PM open his mouth, he talk rubbish & he made a fool out of himself.
Indirectly, he has also projected we Malaysian as fool to the world, because Malaysian (majority) have chosen BN/Adullah as the PM.

m sabri said...

Mav,
Dont be surprised THEY'RE going to ammend the charges just like 1998.The jokers are only good for that as long as they get the job done...framing,fitnah and bully

ntzalim

Anonymous said...

Susah lah. All homosexsuals must be careful. Looks like the Bodohwi government might be also going after your all under the section 377B crap thingy. The police/hostitals/courts will be very very busy. ha ha ha

Mr & Mrs BillyGoat

Harun Al Rashid said...

I don't mind either consensual sex or rape, the point is we don't want Anwar to become a PM because he was done 'luar tabii' sex. We want a clean PM with Islamic basis like Pak Lah...

warrior2 said...

I thought the law is very clear on this and thats why Anwar was charged. Dont you think the judge knew what he was doing?

As for the PM, aiya, he is like 99% of us who dont have law background, we will say what we know, what we think we know but at the end of the day, what matters is what the court say adn decides

Anonymous said...

If homosexuals can be charged in court, what about lesbians.

aziz

Maverick SM said...

Purple Haze,

You must understand court procedures. The case is brought to the judge of a charge and it is for the accused to make his plea.

Without hearing from both sides a judge cannot make a decision.

Tricky,

Thanks for the definition.

Artchan,

Call it a joke or anything, but in the justice system the process must be abided.

Yan,

No lah; it's that we don't understand him.

m sabri,

I think so; and I think you have a good guess.

Mr & Mrs BillyGoat,

Don't worry; everyone is okay if we abide by the rule of law as prescribed.

Harun Al Rashid,

You may be right in your thoughts but you are also making an accusation such as that made by Saiful. So I can see the difference between you and Saiful. BTW, please do not use the moniker Harun Al Rashid whom I adored his virtue and integrity.

warrior2,

The judge hasn't done anything as yet. She had to follow the court rules - where there is a charge brought about by AG/DPP the judge would asked the accuse to make his plea. If the accuse plead guilty, then the judge will pass sentence; if he plead not guilty, the judge would then set the dates for the hearing.

Aziz,

I don't know about lesbian. There is no such case before.

modest mouse said...

i hope the trial that soon gonna start will be a tranparent and unbias trial.if that happens,then we should respect whatever the verdict is.

Harun Al Rashid said...

Maverick,
Tolong jangan samakan saya dengan Saiful. Jauh bezanya antara saya dengan dia. Saiful pernah diliwat tapi saya teruna yang normal. Bukan bermakna bila saya kata "I don't mind either consensual sex or rape, the point is we don't want Anwar to become a PM because he was done 'luar tabii' sex. We want a clean PM with Islamic basis like Pak Lah..." ia bermaksud saya sama seperti Saiful. Saya cuma tak nak Anwar jadi PM kerana saya tak rela negara diteraju oleh peliwat dan homoseks. Sedangkan dalam Islam, mereka yang mengamalkan homoseks adalah berdosa besar dan hina kerana melanggar peraturan yang Tuhan tetapkan.

Maverick SM said...

Modest Mouse,

If the justice system can be seen to act as clean and transparent and upholding the Rule of Law, then the nation can be saved.

Harun Al Rashid,

Sorry if I made such comparison. I apologized. I accept your opinion and values. You have the right attitude. Thanks for the clarification and I am wrong.

BENGGAP.LAH said...

Whattttt is that Brazil Fresh Water Man-Eater-Fish or SAIFOOL turned-IGUANA-like Fish-Head?????

Am lost of words!

BTW, can cook Curry Fish Head or not?????????

This dish can sell one... exotic food can make money$ oooo!

kittykat46 said...

Malaysia just created another world record.
We now have a new legal status called a consensual victim.

Now, let me try again a 3rd time to sort out the logic of this status...I failed 2 times so far.

Maverick SM said...

Benggap.lah,

That fish head was meant for curry.

kittykat46,

You are right this time.

Anonymous said...

I read somewhere saifool may have used KY and a small cucumber. If so, what is Allah gonna do about it?

(Lat Parit Raja)