Thursday, August 21, 2008

SAIFUL VS ANWAR

It has been almost a week that I last posted an article in this blog. I just wanted a short break from writing, and to maintain a close watch at what is happening around the country today.

Of course, I have been following closely the events surrounding the Permatang Pauh by-elections since nomination day, and with only five days remaining for polling day i.e. 26 August,the news being reported via the mainstream media, is certainly not in Pakatan Rakyat's favour.

The beating of the two photographers during nomination day allegedly by PR supporters, and the swearing of Saiful, were hot news for several days continuously. And the latest report of corruption charges on two PR Perak state Exco members has placed PR Perak state government on the defensive, and it might well affect PR chances of winning big in the Permatang Pauh by-election.

Of the many issues raised by both parties during the campaigning, the swearing of Saiful on the Koran interest me most. The manner in which the swearing was done had come under various criticism and comments from many religious quarters. Even the former Indonesian President, Gus Dur has voiced his comments over the matter. As a Muslim, and having read the criticism/comments made, I am now not certain whether what Saiful did was correct or otherwise.

And having watched Saiful on TV, I begin to wonder how could this tall and physically strong 22 year old boy be sodomised by a 61 year old man called Anwar. I was 61 year old, 3 years ago, and I know I could not easily bring down a healthy and strong 22 year old boy like Saiful. I need to be equally strong and tall to do anything untoward, towards someone like Saiful. I could not imagine myself having to wrestle and fight to get the 22 year old boy to take off his pants, without him having to take a punch at my face. Don't tell me that Saiful is so weak a person as not having the strength to fight off Anwar's advances.

This makes to me think that what has been said of Anwar may not be true...and only God knows.

7 comments:

Itsme said...

Anwar may not be strong at 61, but that does not mean he is not able to enter the young and strong saiful from behind. All he has to do is to offer saiful a drink that has been spiked so as to make him drowsy.That..of course if anwar is immoral. This is one way to pin saiful down so that he cant resist despite his strenght....think about it. But I'm not implying that Anwar adopt this method or if he commit sodomy... but who knows..Anwar is just human and he's smart too .

maurice said...

Dear Itsme,

Yes, you can do it probably once or twice but unlikely to be repeated many times through the act of continously spiking Saiful's drinks.

Because of the frequency of the acts, at some stage it has to be consensual between the two parties whether by direct or indirect means.

WaliMuar said...

Mens Rea couple with Actus Reus will complete a criminal act, and the court thus have jurisdiction to try the case and decide on its merit based on admissable evidence or evidences tendered in open court.At the end of the trial if there is a prima facie case than the accussed person shall enter defence. If not he or she shall be acquited.This process must be adhered to before we could give a verdict for any crime committed in Malaysia under our legal system.

Lets treat this case like any other criminal cases reported in this country that we hear or read in the papers every day.The question is why must this case be treated differently? The court have not heard or try or listen to any evdence yet. Are u telling the world that you are smarter than the judge who preside over this case.So please reserve your verdict unless u have a crystal ball to know what actually happen and who is telling the truth.I reserve my judgement........

captazhar said...

I, for one, am really wondering why the Syariah Court is not given the jurisdiction over such a case. Even the investigations by JAWI is being openly hampered by the polis, with the polis hiding the suspect from JAWI and at one point of time, even refusing to allow JAWI to question him. And JAWI officials seems totally impotent, unlike those body snatching cases and those peeping tom cases.

WaliMuar said...

Captazhar,

Civil court and Mahkamah syariah are two different entity with two separate jurisdiction. I for one believe that if Anwar is tried in Mahkamah Syariah for the alleged offence he cannot be tried again in Civil court based on the same evidence or evidences.The principle of double jeopardy applies....this is what I was taught in School.erzlcz

maurice said...

Dear Walimuar,

I think the Civil Court provides better avenue to ensure justice for the two parties.

Don't you think so?

WaliMuar said...

Dear Maurice,
As I said earlier the main issue which distinguishes between the two court are its jurisdiction.Civil court are applicable to every citizen of Malaysia irrespective of religious believe, whereas Syariah court applies to Muslim only and uses Quran as its guidance.It dictate the difference between human made laws and divine laws.Which one u think more supreme?