Tuesday, July 29, 2008

Did The Boy Cry "Wolf"?

I am not partial to conspiracy theories; they tend to blur the lines between fact and fiction even as they obscure the paths to the truth.

It is for that reason that I have veered away from claiming that the events leading to the proclaiming by the Government, through its agents, that Anwar Ibrahim had committed sodomy and the events since have been aspects of a conspiracy aimed at undermining Anwar Ibrahim politically and removing him as a threat.

Until now, that is. The events of the last two days have made it impossible to preclude the possibility.

The revelation that a doctor had examined Saiful Bukhari prior to his having lodged the police report and found there to have been no indications of his having been sodomized are in themselves sufficient to put into question the validity of actions taken by the police to date. Any possible doubt as to this conclusion was put to rest by the manner in which the police dealt with the revelation of the medical report.

The New Straits Times, reported yesterday that:

Police have dismissed reports on the Internet that a private hospital doctor had not found any medical evidence of sodomy by Datuk Seri Anwar Ibrahim’s accuser as another attempt to sabotage police investigations.

Deputy Inspector-General of Police Tan Sri Ismail Omar said the reports were also aimed at confusing the people. Police, he said, were considering investigating the news website and a blog over their reports, which referred to a medical report allegedly issued by Pusrawi Hospital on Jalan Tun Razak.

"The news report claimed that there was no evidence that Anwar’s former aide Mohd Saiful Bukhari Azlan had been sodomised. However, Ismail declined to comment on the medical report itself, saying investigations were ongoing.

From this, it would seem that the position of the police on this is NOT that the report exonerated Anwar Ibrahim but RATHER that the news portal and the blogger (I presume these to be Malaysiakini and Raja Petra respectively since they broke the story first) conspired to sabotage on-going investigations by fabricating a story about a medical report that makes it evident that Anwar Ibrahim was not sodomized so as to confuse the public.

But wait.

The Deputy IGP declined to comment on the medical report. That and the fact that there has been no denial of the existence of such a report by the hospital concerned, point to such a report having been made. If that were the case, what sabotage could there be? Could the Deputy IGP have been concerned about the image of the force, the possible perception that it had been directed to ends that were not entirely proper? As things stood yesterday, prior to his statement to the New Strait Times, there was no reason to conclude that the police force had acted improperly as it was possible that the police knew nothing about the report and had pursued a line of investigation without having been appraised of all the relevant facts.

But then, the news report also confirms that a statement was taken from the doctor concerned, making it evident that the police knew about the medical report. This is something the Deputy IGP would surely have known.

So, what sabotage was there? This was a strong accusation, suggesting active interference with investigations with a view to derailing them. But if there was a medical report and it says what it does, and this is the truth, would that not facilitate investigations rather than impede them?

Why sabotage? The use of the word is disconcerting. As is the fact that the doctor has not been available for comment. The parallels with the sudden unavailability of Private Investigator Balasubramaniam after his sudden u-turn are worrying. Even if direct pressure has not been brought to bear on these individuals, it is manifest that the individuals concerned are sufficiently fearful of reprisal so as to have disappeared from public life. Above all, this points to things not being as they should be.

As things stand, it would seem there is no basis to form the view that Anwar Ibrahim sodomized Saiful Bukhari. The existence of the medical report puts into doubt the credibility of his accusation. The fact that Anwar Ibrahim has not been charged to date lends credence to this conclusion bearing in mind that the decision to prosecute can only be made if there is sufficient evidence for a court to convict the accused if that evidence was not rebutted by the accused (a prima facie case).

And if it is true that Saiful Bukhari was not sodomized, it is equally important that Malaysians be made aware of what prompted his accusation. The circumstances are ambiguous and suggest a range of possible motivations, range from a desire for attention on the part of Saiful Bukhari to the more sinister possibility of a full fledged conspiracy.

Whatever the case, in view of the possibility that the tremendous resources harnessed for the investigation into Anwar Ibrahim had been wasted on an exercise in futility, it would seem that there is sufficient basis for the police to commence investigation into these motivations, if only to attempt to restore confidence in the integrity of the force.

MIS

(Read also Tommy Thomas' incisive and thoughtful analysis on the impact of a second prosecution of Anwar Ibrahim for sodomy on Malaysiakini here)

26 comments:

Abi Ayyub said...

The issue of the day is actually very simple. The only problem is expecting others to just believe what had been said and by whom.

Sometimes, we are left with the choice of taking things for granted and believing what ever the people "upstairs" says.

For the last 50 years, most people do. Now with all the alternative media, we have the opportunity to evaluate, and this is a situation that is very difficult to digest by those people "upstairs"

My only worry is "touch wood" is none of those people are "trigger free" on 'an emergency rule'.

Other than the fact that should PAS be bought into the "MUZAKARAH or MUQABALLAH", and for the unity of "MALAY instead of MALAYSIA". And Tajol Rosli enticing Perak MB to be MB ... whats wrong with that guy???

alvin said...

One cannot dispel the simple thought that it's a case of the police attempting to cover up it's ill conceived screw-up, most likely a vague attempt to please certain directives from the very top.

Crankshaft said...

I am not partial to conspiracy theories either, being an engineer by profession.

But in my industry there is something called empirical data - information that is derived from the trials and errors of experience.

And that is what I draw my conclusions from. Not merely on the previous, almost identical accusation only ten years ago, but by the consistent political bias in their actions.

The Malaysian public has been privy to a wide range of experiences. From mattresses being toted to court, to fixing of judges, the sudden withdrawal of the indelible ink during elections (over vague hearsay), the ludicrous charges against HINDRAF.

Twenty-nine men for attempted murder of one man??

There is no credibility associated with the government. In fact, I believe the Malaysian public has arrived beyond the ability to be shocked anymore.

Personally, I'm at the point where I believe:
1) Anything can be fabricated.
2) Anything can be dismissed.

It just depends whose side of the fence one is on.

Forgive me if I don't believe in judicial decisions, police investigations or official announcements anymore.

June said...

seems very convenient though that the good doctor has now gone into hiding. But the police has got alot to dig themselves out of now, after shooting themselves in the foot with the high-handed arrest.

wisdomthinker said...

You have a good point there. The M R seems very convenient although the doctor had already went to hide.

But again, in other way the M R could also be an attempt to sabotage or disrupt the on-going investigations. If I am DSAI being accused of this and my political career at stake and with my money and my connection I can buy anyone or anything to do my bid or to lie for me! Wouldn't you? Unlike the the boy.

Isaac said...

Dear Malik, you have always been so temperate and level headed in your tone of language and writing style. Which I admire.

But after years and years of sick rubbish that has gone on in and happened to our public institutions and apparatus, like Crankshaft, I am, too, at the stage where I have been so hardened to the point where -

1. Everything the government does is to be doubted
2. I can trust in nothing in this country, not our judiciary, police and politicians.

It is despairing and sad, that our country has sunk to such a stage. What wasted potential. What a complete shame.

Reading the MSMs nowadays, the only instinctive gut reactions that I have is "F**** you"

And I believe I am not alone. There are millions out there seething in anger, at the rubbish that is going on.

Being a non-Malay and being told my whole life that I am a "pendatang" and despite the fact that I pay tax religiously (more than the equivalent of a Kancil car, every year), pay my assessment and quit rent without much ado, pay tolls, pay all sorts of other charges and levies, I am often made to feel like shit.

And if this country were to go to the dogs, would I even shed a tear? I would probably just pack my bags and emigrate.

People said...

All the below person must be suspended from their current position and pending for investigation from Royal Commissions:
The reasons are simply because of mislead the public, misused of power, fabrication of evidence, suppressive of evidence!

1. Home Minister -Syed Hamid Albar
2. Inspector-General of Police -Musa Hassan
3. Deputy Inspector-General of Police Ismail Omar
4. Director General of CID
5. Attorney General -Gani Patail

And last but no least, Saiful Bukhari must be charge for making false police report against DSAI!
And a Royal Commission should also be set up to investigate the man behind the conspiracy!

Anonymous said...

Is there any honest cop left in the service? Surely the entire upper echelon of the force cannot be part of the conspiracy as it appears now? The language used and the actions taken seems to have been planned and premeditated. It looks like somebody has to ask the PM what really is going on. Would the YDP Agong do it on the people's behalf?

TunSuffian said...

We were at the Press Conference at 1130am at PKR's Office and were given a Full-Blown double size copy of the Medical Report.

The copy of the Medical Report shows the translations of the Doctor's Hand writing into proper English words.

And the MR ends with the signature of Dr Mohammed Osman Abdul Hamid MBBS [Ranggon] Pegawai Perubatan Hospital Pusrawi Sdn Bhd.

Any layman who reads the report including any Police Officer can safely conclude that good Doctor is saying there is NO Sodomy ...

Full Stop.

Please Malik Imtiaz offer your services to make sure that Anwar's Police report against Musa Hassan and Gani Patail gets its right legal advice.

And that Musa Hassan's Defamation suit gets thrown out and coutner sue him for RM100 million !

As a Muslim [Dawoodi], Malik Imtiaz must go help Anwar Ibrahim pro bono !

Mr. Smith said...

Of course, Malik being a lawyer needs indisputable evidence before he takes sides.
As for me, from the word 'GO' on June 26, I was convinced beyond any doubt that this was a conspiracy.
I don't need hard evidence but mere experience.
I am one Malaysian who trust my dogs (Sorry I have a tendency to compare most people to my two faithful canine family members)more than I trust this BN government, the police and the IGP.
Need I say why, when recent history is replete with examples?
When there is no trust, nothing will convince me that the so-called Rule of Law is in action.
What is Rule of Law when the innocent have to flee from the police and the guilty given protection?
Whom can we trust when Tuns (former PM and Chief Justices) can lie with a straight face at the Lingam Royal Inquiry?
What trust can I have when an UMNO Disciplinary Board member is now a Chief Justice is waiting over more experienced judges?

Michelle said...

Imtiaz,

My thoughts exactly. Thanks.

Patricia said...

As I read what you have so clearly laid out once again, my mind goes numb. To believe in a conspiracy here is like endowing some super-someone with excellent mindpower, plotting move and counter-move on the chessboard of our political stage. OR, it could simply be the work of an idiot. I tend to think it's the latter.

And how do I feel about all this? Tired. And oh-so-weary of trying to find some semblance of sanity - to save this country.

Which each passing day, I am grateful my children are grown, have finished with their education here, and are making lives for themselves abroad.

What mind-numbing new development will tomorrow bring?

ReeWoo said...

Well, on how RPK managed to obtain the so-called medical report itself is a big question waiting to be filled.
The validity of the report and the intepretation are still in question. Its better if we sit and wait for things to unfold... i know i am, waiting for the hospital to respond and clarify about this matter.

dude said...

Dear Malik,

You said :
[ Until now, that is. The events of the last two days have made it impossible to preclude the possibility.]

Why say this? Just because there is a medical report that claim that there is no evidence on Saiful's anus, it does not mean it did not happen. Nor does it claim it did happen.

If you follow this logic, would you then say that if the medical report claims otherwise, would this mean that sodomy did happen. Actually in both case , it is still inconclusive.

Let me give you an example. Say i take my daughter for a nice and quite dinner, and you happens to be sitting next to our table, you flirts with my daughter and i got upset and smack you in the face.

You decided to see a doctor, an in the medical report, he says that no swelling/bruises is seen in your face. You still decides to make a police report, claiming that i have assaulted you.

Should the police drop the case base on this medical report alone.
Shouldn't they investigate any further, interrogate me etc.

Should the police use this reasoning, what if is there is a case where there is a poor girl, she was rape, but prior to that she was stimulated , therefore you dont see any injury what so ever or even semen (outside ejaculation). Should the police simply stop the investigation. How can we protect the innocent one (the victim), or do you consider the rapist as the innocent one - until proven guilty.

raj raman said...

The little cute boy - cry for attention and some $.
The wolf in politic did the crying wolf.
Its a JV partners crying wolf together with the Justice system control by warlords.

rajraman666.The nation crying for justice from the WOLF.

donplaypuks® said...

This proves 100% that it is a CONSPIRACY.The MR reads like it, looks like it and smells like it ergo, IT IS!!

The second MR looks like an afterthought. I Polis Raja were probably hoping to cover up the
1st one by getting the Dr to retract it and then 'doctor' the findings by getting hold of DSIA's fresh blood and DNA samples. They did not reckon that RPK would go undercover and expose it to the world.

Yes. 'people said' is right. The Minister, Mr. Magoo, who has been shooting his mouth off as though he is also the Law Minister, and the top investigating officers should resign and be charged with attempting to pervert the course of justice. Najib's role, especially since he back-tracked on why and when he 1st met Saiful, should be investigated.

As I also said b4, Sept 16th sound as good a day as any for fresh elections!! Anyone with me?
htp://donplaypuks.blogspot.com

Nostradamus said...

1. Anwar commit Sodomy? He can’t because you have to ask the wife.

2. Najib really did not know Altantuya because he is also not a sodomizer. He likes it straight. Ask his sleeping partner.

3. It’s the truth, the whole truth, and nothing but the truth so said by every accused in any court of any land. Do you not believe in men when they swear in the name of God, Allah, Yahweh etc?

More facts at http://patek1472.wordpress.com

Fareez said...

I find it truly disappointing that simple logic seems to escape certain individuals. If the media is manipulated and the people of Malaysia continuously led from one political/judicial/criminal screw up to another, sooner or later the patient level headed Malaysians will start getting a tad fed up.

Simple matters like transparency and accountability to the public seems to have no part in the operation of this country. In light of that I have a few pertinent questions:

1) Where is the previous DNA sample of DSAI and who is responsible for its safekeeping?

2) Why wasn't the medical report of Saiful released earlier by the police? Medical reports do not take a month to complete.

3) Why was an armed squad needed to arrest a more than middle aged man with a bad back? The police force uses less equipped officers to apprehend hardened criminals. And for once the police arrived early!

4) Where is the good doctor now?

These chain of questions lead to even more disturbing questions that strike at the core of our belief in our contitutional rights and the rule of law in our country.

Nevertheless, i find this period of uncertainty to be positive rather than the negative.

I think its a precursor to a healthier political climate in which the politicians, on the government or opposition side, no longer have carte blanche powers to do as they please. I say this because in the event of an Opposition takeover, the elected individuals will also be subjected to the same scrutiny by the public that they are so gleefully directing at their BN counterparts. The end result can only mean more transparency.

flyer168 said...

Dear Malik,

You said it "Loud and Clear".

These are all Deviations from the real issue “the unneccessary murder of an innocent Mongolian young mother in MALAYSIA”.

Why must this great nation, its Institutions, its National Security for the Rayaat, its National Economy & its rayaat suffer for a few “Power Crazy” individuals.

The nation & the rayaat is getting sick & tired of the whole BN “Charade” which has brought this nation, its Institutions, its economy, down the “Gutter”.

It is not about being Pro any Party or Personality….

But the “TRUTH” to restore “Justice, Freedom & Peace” in this great nation called “Malaysia” for Malaysians.

Let us get back into “Focus” with the “REAL issue” & get back to the “Rule of Law”.

Just get the named people to PERSONALLY “Sue, DSAI & RPK, etc” if they have nothing to HIDE.

They can say their piece in the “Court of Law” - Period.

The rayaat would like to end this “Charade” which has cost this nation “Millions”, going on a “Wild Goose chase”.

Please “IGNORE” and “STOP” their Running Dogs to do their “Biddings” to “Confuse the Real Issue”.

We must ALL focus on this….

“Beyond Reasonable Doubt”

“In a criminal trial the burden is upon the PROSECUTION to PROVE the guilt of the accused “Beyond any reasonable doubt”.

This is where “Juries” exist in many nations where “Juries are DIRECTED that unless the EVIDENCE makes them SATISFIED so they are sure of guilt, their VERDICT must be one of NOT GUILTY.”

Why did we allow Malaysia to abolish the Jury system ???

Question:

Is it the Truth ???

Who really NEEDS the DNA ????

WHY ????

Who will GAIN ????

At WHOSE expense ????

Is it inline with the CORRECT Rule of Law - Beyond any REASONABLE doubt ????

That is why all their charges on YM RPK, DSAI, etc cannot hold up in the Court of Law - Defective and in Bad Faith.

Meanwhile the Downtrodden rayaat may reconsider “Repositioning themselves & their families Financially, etc , fasten their seatbelts “Tight” to safely ride this “Political & Financial’ Tsunami….

Who knows…………”Divine Intervention” always works “Wonders” !

Aud said...

I have a question. If the young man was not sodomised and it is all a conspiracy, why did he walk into that hospital and asked for a consultation? Surely he would have known that the doctor would be skeptical and conclude there is no sodomy? What good does a "no sodomy" medical report do to the whole case? I would have thought if they are fabricating evidence, this man would have been sent straight to see someone who would give a more "favourable" report that the conspirators can use. So, I don't understand this piece of the puzzle.

raj raman said...

Malik,
please advise me why the dusbin mark are there with a option for me to delete.(at 5pm)

Is there anything insensible i posted at 5pm.I am 100plus days bloggers.So some times i need some advise.I am still blur playing this game of Politics and blogs.

If you think i am wrong i am sorry and you may delete my 5pm posting.

Thanks.

rajraman6666.

anchor said...

Dude,

Your example may not be the best in the scenario here. Lets say there was no bruising when you visit the Doctor. The problem is if the second Doctor finds bruises and cuts. Would'nt this clear the first accused as it obviously must have happened after the first medical examination.

In the allegation against Anwar, it is sodomy. However the accuser's first statement is that he was poked with a plastic object, (see Malay Mail today). Hence from what I understand (clarifed this with Haris-PP), this may not be sodomy rather indecent assault.

Old Fart said...

"But then, the news report also confirms that a statement was taken from the doctor concerned, making it evident that the police knew about the medical report. This is something the Deputy IGP would surely have known."

Imtiaz, should that knowledge have lent a new line of investigation by the police? this new line of investigation being to determine the falsity of Saiful's allegations and to charge him for making a false report.

If the police are unable to show that from the time they became aware of this medical report that a new line of investigation was concurrently carried out, can that show an element of prejudice and a complete lack of professional conduct on the part of the police?

It would seem that the police have only lined themselves on a single track investigation, that is, to find all the evidence to charge and prosecute Anwar Ibrahim.

If they have done nothing to lead them from this medical report that clearly establishes a doubt, what exactly does that say of the police's conduct? Should we be asking the police to tell us what exactly they have done leading from this medical report?

Malik Imtiaz Sarwar said...

Old Fart,


the Police should be investigation the complaint by Saiful. In doing so, they will have to determine the credibility of his accusation. This would naturally require the police to investigate into the truth of what he is saying and, as such, the possibility of the accusation not being true. No matter what the police might say, there is no need for a separate police report against Saiful for this to take place.

If there was material to suggest that Saiful was not telling the truth, the police were duty bound to consider that material and its implications.

Reading the official statements between the lines, it seems that the police are saying that (a) there was evidence supportive of Saiful's allegation (presumably the GHKL report) and (b) the Othman report does not rule out the possibility. They may have a point on (a) as, it could be said that the Othman report was merely a preliminary investigation.

MIS

Anonymous said...

All these arguments hinges on 'the medical report'. From what I gather, it is just a two page opinion, not even a report. If you were the police, would you acted on a two page opinion? At best you'll look like a fool in court, and at worst an injustice to the victim if it is true. After all these arguments I have seen it is just amazing to see how everyone is so eager to come to conclusion based on so little evidence!

zappa said...

Mr Imtiaz, I admire your writing and intelligent analysis. Despite the vivid imagination of our politicians and bloggers, or perhaps because of it, I have no idea whom to believe anymore. DSAI is definitely winning the war, at least in terms of perception. But who is telling the truth? If you can spare the time, I would be grateful if you can shed light on my list of questions.

1. Anal sex is an everyday occurrence, is it not. According to Mr Saiful's allegations, the last incident of sodomy at the posh Damansara condo was not the first. And considering the popular logic that 6-foot Saiful could not have been overpowered by 60-year old Anwar, does bleeding, skin tearing or pus at the anal area happen without fail during anal sex? Does anal penetration always lead to a visit to a doctor for bleeding, etc? Sorry, I'm totally unfamiliar with gay porn. Of course, to quote Seinfeld: "Not that there's anything wrong with that." :)

2. Mr Saiful makes first visit to Pusrawi hospital. Say he's merely a pawn in an elaborate conspiracy, why go to a doctor who's not been enlisted in the scheme? Mr Saiful is being paid millions AND the conspirators can't find a doctor who could do with a few million of his own?

3. DSAI finds sanctuary in the hospitality of the Turkish embassy, claiming death threats following Mr Saiful's police report. Since then, he's been on a nationwide tour and we see him making speeches, shaking hands with the people, etc. What happened to the death threat?

4. On top of police reports against the IGP and AG, DSAI sues Mr Saiful for defamation after coming out of the Turkish Embassy. Why is that? DSAI is suing a person who has made a police report against him. What happens if anyone who files a police report gets sued in return even before the conclusion of investigations never mind court case. As a lawyer, what are your thoughts on this?

5. At his first press conference following the police report, DSAI dismissed Mr Saiful as a lowly coffeeboy. Now we hear that coffeeboys who work at PKR headquarters (or DSAI specifically) get great travel perks. So far, DSAI has maintained a dignified silence on this. Why would DSAI make this claim in the first place or is it easily explained as another lie by Mr Saiful?

6. Ezam, DSAI's former protege is casting some aspersions on the matter. Why would someone who has gone to jail for his mentor do a u-turn on something that's absolutely personal? I mean, what is more personal than a sodomy accusation? (I know RPK over at Malaysia-today has highlighted Ezam's wrongdoings as raised by a certain Mr Lokman. In his allegations, Mr Lokman also talks about Azmin Ali embezzling the party's coffers. I raise this because RPK deems Mr Ezam a thieving liar while Mr Azmin Ali is spared even a mention.)

7. On the same subject, Dato' Nalla claims to be friends with DSAI for over 30 years. His willingness to face a hangman's noose instead of betraying his friend certainly lends credence to his claim. Today, Dato Nalla says DSAI was always a womaniser. Has money and political patronage alone changed his tune?

8. What would it take to convince you that this sodomy report is a criminal case as opposed to a political issue? Yes, i understand it could very well be a political ploy after all but what would make you reconsider? CCTV or DNA evidence perhaps?

I know there are lots of questions to cast doubt on Mr Saiful's allegations as well. Chief among them, the first sodomy case in 1998. Even as the majority have concluded that it's all a conspiracy, I just want to weigh the matter, consider all the facts from every angle before coming to my own conclusion, logical or otherwise.

After all, wasn't it Mark Twain who said: "Truth is stranger than fiction but it is because Fiction is obliged to stick to possibilities; Truth isn't."