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Selasa, 4 November 2014

‘It couldn’t have been a tidy affair,’ says Shafee at Anwar’s trial

The defence must explain how semen stains belonging to Datuk Seri Anwar Ibrahim ended up on a pair of underwear belonging to complainant Mohd Saiful Bukhari Azlan, the prosecution said in the Anwar's appeal at the Federal Court today.
Lead prosecutor Tan Sri Muhammad Shafee Abdullah said it was for the defence to prove how Anwar's semen stained the underwear.
When making submissions last week, the defence said that it was for the prosecution to supply the burden of proof and only for the defence to show reasonable doubt.
The defence submitted that the stained underwear was only worn by Saiful two days after the alleged sodomy, and that the pair worn on the day of the supposed crime, June 26, 2008, had been washed.
The defence argued that Anwar's DNA was planted. Shafee said the first doctor to examine Saiful after the alleged sodomy could have introduced stains to the underwear during the medical examination.
It could have been the result of the proctoscope inserted into Saiful for inspection, and when it was pulled out, "what discharge came out is anyone's guess. It could not have been a tidy affair," Shafee submitted. 
The prosecution is seeking to convince the apex court that Anwar is "Male Y" – the profile of a male DNA found in Saiful's rectum. While the match has been ascertained, the defence contends that the samples were fabricated, tampered and degraded due to mishandling as well as political conspiracy.
The defence is also arguing that it is up to the prosecution to explain how Anwar's semen got to Saiful's underwear which was not used the day of the alleged act.
Lead counsel Datuk Seri Gopal Sri Ram had put the same question to the court during his submission last week. "Where did the semen come from," he had asked.
Co-counsel Ramkarpal Singh had also submitted last week that the prosecution was "completely" reversing the burden of proof from the prosecution to the defence – something he said had "never been the law". – November 4, 2014.



Reconcile? No way, my wife might stab me, tycoon Khoo tells cour

KUALA LUMPUR: ― Tycoon Tan Sri Khoo Kay Peng told the High Court here today that his estranged wife could end up stabbing him with a knife if he ever attempted to fix their marriage.
Edmund Bon, who is representing Khoo’s estranged wife Pauline Chai, had asked the billionaire chairman of fashion and interiors brand Laura Ashley if he would try to save his 43-year marriage should the court order a reconciliation process.
“Our marriage is over,” said Khoo, 75, at the hearing that will decide the jurisdiction of the billion-ringgit divorce dispute.
“Although I don’t want it over, it’s over. At night, she can take a knife and stab me,” added the retail and hotel mogul, who has five children with 68-year-old Chai.
Khoo said three sets of senior church leaders had unsuccessfully tried to bring him and Chai, a former beauty queen, back together.
“They all tried their very best and quoted various scriptures, but she just ignored it,” said the magnate.
When Bon pressed Khoo again if he would follow a reconciliation process should the court order it, the tycoon told the lawyer: “I don’t want to risk my life, Mr Bon”.
Khoo also said, “After this divorce started, she’s said so much lies about me.”
An English court ruled earlier on October 17 that England was the more appropriate forum for the case to be heard.
Chai is seeking for the dispute to be decided by the English courts where she stands to gain up to half of Khoo’s estimated £400 million (RM2.1 billion) fortune, possibly the largest divorce settlement in British history.
Khoo, however, is applying to have the case heard in Malaysia, arguing that they were married in Malaysia where he also maintains his official residence. Khoo would risk losing less of his wealth if the trial is held here.


Ahad, 2 November 2014

Eight years on, dad still seeking justice for murdered daughter

Every Sunday since that fateful day in 2006 when his daughter was murdered, Chee Ah Sau would head for the police station to get updates on investigations into her death.
No distance was too far for the 58-year-old construction worker from Sungai Petani, Kedah, as he spends his only day off, year after year, looking for answers and clues to her rape and murder. And he became a familiar sight at the Kuala Muda district police station.
He would also ride his motorcycle to Alor Star, almost 70km away, to talk to the Kedah police chief at the state police headquarters about his daughter's case.
"No, it is not too far (to travel by motorcycle)... for my daughter, the distance is short,” Ah Sau told The Malaysian Insider recently.
Ah Sau also went to the Cinta Sayang Club, in Sungai Petani, where his daughter Chee Gaik Yap, 25, was jogging before she was kidnapped and killed, with hopes of finding clues.
"I only visited the police three or four times a month, and mostly I went to the district police headquarters here in Sungai Petani.
"I did that until the police caught the suspect two years ago," he said.

Gaik Yap, 25, a marketing executive, had gone for an evening jog with one of her sisters at the Cinta Sayang Club on January 14, 2006 when she disappeared.
Her semi-nude body with multiple stab wounds was found in Taman Ria Jaya near the club in the wee hours the next day.
While the killing was being investigated, a suspect wanted for the murder left Malaysia for Perth, Australia. The police reportedly watched all entry points into the country for the man, who is the son of a businessman with the honorific Datuk.
Finally on January 17, 2012, the suspect, Shahril Jaafar, 33, was caught by police at the Kuala Lumpur International Airport. He was charged with Gaik Yap's murder two weeks later.
But Ah Sau’s hopes for justice was short-lived. On June 25 last year, Shahril was acquitted and discharged by the Alor Star High Court without his defence called.
The court ruled that the prosecution had failed to prove a prima facie case, as there was no clear evidence to implicate Shahril in the murder.
Distraught by the court's decision, Ah Sau tried to jump off the balcony of the two-storey court complex, shocking pressmen, who managed to grab him in time.
"I really thought of jumping off the building... of ending my life. I just felt empty when I heard that the suspect was going free.
"I believed that everything was over, that it was the end... my child will never get the justice she deserved," he said.
The press went to town with news of the acquittal and Ah Sau’s suicide attempt. Foreign media from Singapore, Taiwan, Hong Kong and China also picked up the news.
Despite the setback, Ah Sau vowed to carry on with his quest for justice, no matter how long it took. Days after the acquittal, he begged the late Karpal Singh for help.
Within a week, rallies were held in Sungai Petani and Penang to demand justice for Gaik Yap and to collect thousands of signatures for a petition urging the court to order a retrial.
In January this year, hundreds of people attended a gathering at Wat Siam, the Siamese temple in Sungai Petani where Gaik Yap's cremated remains were enshrined, in a show of support for Ah Sau.
Ah Sau also made a trip to Parliament in June this year with Bakar Arang assemblyman Simon Ooi Tze Min and Sidam assemblyman Dr Robert Ling to highlight his daugher’s case. Bayan Baru MP Sim Tze Tzin was tabling a motion in the House on Gaik Yap's case at the sitting.
"That was a new experience for me... going to the Parliament house, wearing a suit," said the soft-spoken Ah Sau.
Asked if he took all the trouble because Gaik Yap – his third child of six who took after him in height and looks – had been his favourite, he said all his children were the same to him.
"It isn't like that. I love them all equally. Gaik Yap was a good girl. She helped around the house and she studied well.
"She was the only one among her siblings who went to university. She attended UUM (Universiti Utara Malaysia).
"There was no rivalry among the siblings. They all got along well," he said.
On June 26 this year, the Court of Appeal heard Gaik Yap's case. On October 13, the bench, led by Justice Linton Albert, unanimously set aside Shahril's acquittal, and ordered him to be remanded immediately for a retrial.
Six days later, Shahril was produced at the Alor Star High Court, which fixed December 28 to 31 for the trial.
"I cannot say whether there is hope or not. It all depends on the court," said Ah Sau.
"Am I happy? I cannot say that either because I don't know what the court will decide... we have to wait and see in December," he said, adding that his wife and their other children might attend the hearing with him.
"Whenever I attended court, at least one of my kids would tag along. This time, they are talking about going but it will depend on whether they can get the days off," he said.
Gaik Yap's death and the struggle for justice for her had taken its toll on the family. Although it is now coming close to nine years, their grief is still raw.
Ah Sau said they still do not talk about Gaik Yap at home or discuss her case.
"My other children wouldn’t ask me even when they missed the court hearings. They would find out from news reports."
The family also had to put up with rumours that they were paid off when news quietened down and the case was stalled for many years in the beginning.
Ah Sau said people asked him how many millions of ringgit he received and when his family was moving from their flat in Paya Nahu to a bungalow.
"Even the police asked me if I had been paid off when I gave a statement. Reporters also asked me when they heard the rumour.
"I was so angry but I could not fight or scold them. Losing my temper would not have helped... the first two years were very difficult," said the grandfather of two boys aged nine and one.
Chee said his family neither wanted nor needed money, not even donations, from anybody as they were only concerned with getting justice for Gaik Yap.
"It is justice that we want... closure after all these years," he said, adding that he once received a donation of a five-digit amount but he never cashed the cheque that was given to him by a Barisan Nasional (BN) politician.
Ah Sau said he was thankful for the support he received from both Pakatan Rakyat and BN politicians, friends, and even strangers.
He said one of the PR reps would drive him to court and stay by his side until court adjourned.
"Now, when I go to court, they won't leave me alone. They always have someone following me everywhere to make sure I don't try anything again," he said, referring to his attempt to jump off the balcony of the court building last year.
Berapit assembly member Lydia Ong Kok Fooi, who is from Sungai Petani, recalled how the local community had rallied to help the family.
"When people heard that a young woman had gone missing, they started a search party even before the police was notified. They went home and brought out their pet dogs to help trace her.
"The people searched the area where she was last seen until early morning. That was the kind of cooperation we had in a small town," she said.
Ong remembered how furious the women in the community, especially mothers and housewives, were when nobody was brought to book for the rape and murder of Gaik Yap after so many years.
"Just a couple of months after the incident, we had gatherings and we also began to collect signatures for a petition.
"We obtained 4,000 signatures for the petition that was later sent to Pak Lah (Tun Abdullah Ahmad Badawi) who was the prime minister then.
"Almost every year, since 2006, some event would be organised so that people will not forget Gaik Yap and her family's fight for justice," said Ong. – November 2, 2014.

Nigerian extremist says kidnapped girls married

MAIDUGURI, Nigeria (AP) — With a malevolent laugh, the leader of Nigeria's Islamic extremists tells the world that more than 200 kidnapped schoolgirls have all been converted to Islam and married off, dashing hopes for their freedom.
"If you knew the state your daughters are in today, it might lead some of you ... to die from grief," Abubakar Shekau sneers, addressing the parents of the girls and young women kidnapped from a remote boarding school more than six months ago.
In a new video released late Friday night, the Boko Haram leader also denies there is a cease-fire with the Nigerian government and threatens to kill an unidentified German hostage.
"Don't you know we are still holding your German hostage (who is) always crying," he taunts. "If we want, we will hack him or slaughter him or shoot him."
A German development worker was kidnapped at gunpoint in Gombi, a town in Nigeria's northeast Gombi in July. Police reported he was ambushed as he drove to work.
Germany's Foreign Minister Frank-Walter Steinmeier last week told reporters in Abuja, Nigeria's capital, that he had no new information about a German abductee.
In the new video, Shekau wears a camouflage tunic and pants and the black and white flag of al-Qaida is by his side. He is flanked by masked and armed fighters standing in front of four military pickup trucks mounted with anti-aircraft guns. Boko Haram has looted many weapons and vehicles including armored cars from Nigeria's military.
The military has several times claimed to have killed Shekau, and says any new videos are made by a look-alike. But the United States has not removed a $7 million ransom on the head of the extremist leader.
On Oct. 17, Nigeria's military chief, Air Chief Marshal Alex Badeh, announced that Boko Haram had agreed to an immediate cease-fire to end a 5-year insurgency in which thousands have died and hundreds of thousands have been driven from homes in northeast Nigeria. And government officials said they expected the Chibok girls to be released any day.
But Shekau denies in the video that he has agreed to any truce and says he is dedicated to fighting and dying a martyr's death to guarantee him a place in paradise.
"You people should understand that we only obey Allah, we tread the path of the Prophet. We hope to die on this path ... Our goal is the garden of eternal bliss," he says.
He said Boko Haram is interested only in "battle, hitting, striking and killing with the gun, which we look forward to like a tasty meal," he said.
The fighting and abductions have continued, with Boko Haram seizing the commercial center of Mubi this week and fighting raging Friday around nearby Vimtin, the village where Badeh was born.
And the only news of the girls has come from Shekau, who appeared to dash hopes that they would be released in an exchange for detained Boko Haram fighters.
"The issue of the girls is long forgotten because I have long ago married them off," Shekau says with a chortle. The extremist fighters have ordered girls to stay out of Western-style schools and get married. Boko Haram is a nickname meaning "Western education is sinful" in the Hausa language.
An earlier video in May showed some of the kidnapped girls, including two explaining why they had converted to Islam. Unconfirmed reports have indicated the girls have been divided into groups and that some have been carried across borders, into Cameroon and Chad. There also have been reports that they were forced to marry fighters who paid a nominal bride price equivalent to $12.
Some 276 girls and young women were kidnapped in the early hours of April 15 from a boarding school in the remote town of Chibok. Dozens escaped on their own in the first couple of days but 219 remain missing.
The plight of the girls attracted international outrage, with demands that Boko Haram free them. The Nigerian government and military's failure to secure their release has brought criticism that President Goodluck Jonathan is uncaring of their fate.
Shekau in August announced that Boko Haram wanted to establish an Islamic caliphate, along the lines of the IS group in Syria and Iraq. Fleeing residents have reported that hundreds of people are being detained for infractions of the extremists' version of strict Shariah law in several towns and villages under their control.
Shekau's video announcement further discredits the government of President Goodluck Jonathan, a Christian southerner who on Thursday formally announced his candidacy for elections on Feb. 14, 2015, in Africa's most populous nation. Nigeria's 160 million people are divided almost equally between Muslims who dominate the north and Christians in the south. The West African nation is the biggest oil producer on the continent and has its biggest economy.

Sabah church calls for action against Ibrahim Ali

IBRAHIM ALI
A Sabah church is pressing for action against Datuk Ibrahim Ali, after it was encouraged by the state assembly speaker’s statement against Tun Dr Mahathir Mohamad's support of the Perkasa chief’s Bible-burning call.
Sidang Injil Borneo (SIB) Sabah president Reverend Datuk Jerry Dusing said the failure of Attorney-General (A-G)Tan Sri Abdul Gani Patail and de facto law minister Nancy Shukri to act against Ibrahim would only embolden such extremists.
"The failure of the A-G and the law minister to act against religious bigotry and extremism can only serve to embolden such extremists to become more incendiary in their posture against non-Muslims," Dusing said in a statement.
He said even Muslim leaders in the government rejected such extremism, citing Datuk Seri Salleh Said Keruak.
Salleh, in a comment on the former prime minister's support of Ibrahim's bible-burning call, said telling Malaysians that it is right for Ibrahim to call for the burning of the Bible was not something Muslims in Sabah and Sarawak would endorse.
Dr Mahathir said on Wednesday that it was not an issue calling for the Bible to be burned as long as there were good intentions.
Dusing said he was encouraged by Salleh’s statement.
“We are indeed very encouraged that the Sabah Speaker pointed out that even if  Christians do not protest such statements, Muslims in Sabah and Sarawak will still feel uncomfortable with something like that.
He said Dr Mahathir should speak with a voice of moderation and not of extremism in defending Ibrahim.
He added that Putrajaya must not be seen to be condoning and defending the supremacy of racism and religious bigotry.
In January last year, Ibrahim urged Muslims to seize and burn copies of Bibles which contained the term “Allah” or other religious Arabic words, believing it was the only way to stop non-Muslims from being insensitive to the country’s majority.
Dusing said that although many people, including a law professor, were charged with sedition over the last few months, Ibrahim was spared.
“There are limits to what one can say against another religion.
"Asking for the Holy Scriptures of another religion to be burned violates the most basic of human decency.
"After 51 years of the formation of Malaysia, it is evident to Malaysians that racial and religious polarisation has reached an alarming level."
He added that the formation of Malaysia was based on the understanding that the nation would be multi-cultural and multi-religious, and that religious extremism must not be tolerated and instead be nipped in the bud.
He said it was time for Gani and Nancy to uphold the constitution as the supreme law of the land, so that everyone, regardless of race or religion, is accorded equal protection under the law.
On Monday, the Attorney-General's Chambers said in a statement that Ibrahim's call for bibles to be burned must be viewed in its entire context.
"When studied in its entire context, Datuk Ibrahim's statement is not categorised as having seditious tendencies.
"It was clear Datuk Ibrahim Ali had no intention to create religious tension, but was only defending the purity of Islam." 

Mike Tyson says he was sexually abused as a child

Former heavyweight champion Mike Tyson was sexually abused when he was seven years old by a stranger on the street, he told US radio.
The 48-year-old former boxer said an adult male grabbed him.

"He bullied me, sexually abused me and stuff... snatched me off the street. I was a little kid," he told Sirius XM Radio.
Tyson said he never saw the man again and never reported the incident to his parents or the police.
"It was nobody's business to know," he said, during an interview to promote his new TV show. "I just lived my life."
Tyson did not elaborate on what effect the abuse had on him, and said he does not feel any shame about what happened.
"I don't always remember, maybe I do but I don't. I'm not embarrassed or ashamed from that perspective," he said.
Tyson made history in 1986 when at age 20 he became the youngest boxer ever to hold a world heavyweight title.
The legendary boxer won 50 out of 58 matches during his illustrious career, including 44 by knockout.
He has also made headlines for scandals, notably in 1992, when he was convicted for the rape of a teenage beauty queen.
He served three years of a six-year sentence.
Later, in 1997, he bit a chunk out of opponent Evander Holyfield's ear.
He also has convictions for assault, cocaine possession and driving under the influence.

No political conspiracy, prosecution says in Anwar’s Sodomy II appeal

ANWAR IBRAHIM

The prosecution in Datuk Seri Anwar Ibrahim's appeal to overturn his sodomy conviction will aim to dismantle the opposition leader's claim that the charge against him was a political conspiracy, chief prosecutor Tan Sri Muhammad Shafee Abdullah told the Federal Court today.
"The entire dominant (theme in the) defence of the appellant was that there was a political conspiracy. At least two of his counsel submitted on this and also his statement from the dock," Shafee said as the apex court began its fourth day of the hearing.
Anwar's co-counsel N. Surendran had submitted on Tuesday that the charge against his client of sodomising Mohamad Saiful Bukhari Azlan in 2008 was politically motivated.
Anwar had also made this claim in a 32-page unsworn statement from the dock during the trial.
Citing Anwar's statement, Shafee said the opposition leader had claimed the charge was a wide allegation and was in no uncertain terms "a conspiracy of the highest level from the prime minister to the humble investigating officer (IO) Jude Pereira".
Shafee said Anwar was again making the same kind of conspiracy claim he had made against former prime minister Tun Dr Mahathir Mohamad, whom Anwar had accused of wanting to send him (Anwar) into political oblivion.
Shafee told the court that he would examine and analyse what the defence meant by claiming a political conspiracy.
No one had asked Anwar to give an unsworn statement, Shafee said. The Permatang Pauh MP could have chosen to "shut his mouth" but Anwar instead wanted to explain why he had to make a statement from the dock.
An unsworn statement from the dock is treated as testimony that is not admissible and which cannot be cross-examined.
Anwar's lawyer Surendran had on Wednesday asked the Federal Court to give weightage to his client’s unsworn statement made during the trial, submitting that Anwar had explained five times why he chose to do so.
The High Court and Court of Appeal had dismissed his unsworn statement, considering it a "bare denial" of the charge.
As Shafee went through Anwar's unsworn statement, the prosecutor picked out highlights for rebuttal.
On the point of alibis, he asked why Anwar could not produce a witness instead of claiming that his alibi witnesses had been harassed.
During trial, the defence had said that Anwar was not in the condominium unit where the alleged sodomy took place and that the unit's owner had been harassed by police.
Shafee said "it didn't add up" that the alibi witnesses were scared of the police who only wanted to interview them.
On Anwar's claim that the investigating officer Supt Jude Pereira had tampered with the DNA evidence, Shafee said it was "unreasonable" that Pereira would have been able to find a fresh semen sample. 
"Did he go to a sperm bank? How do you get a reasonable fresh semen which is about 60 hours old?" Shafee said to the court.
Shafee submitted that Anwar only made claims of a conspiracy when situations and people were against him.
But besides claiming an "elaborate political scheme", Anwar should also explain how his sperm ended up in "intimate areas" of Saiful, Shafee said.
He said the trial judge was wrong to acquit Anwar on the basis of doubts about the DNA evidence as there had been no tampering of the samples handled by Pereira, the investigating officer.
Anwar's defence team of 14 lawyers is led by retired Federal Court judge Datuk Seri Gopal Sri Ram.
A five-member bench led by Chief Justice Tun Arifin Zakaria is hearing the appeal.
Anwar was acquitted by the High Court in January 2012 after a lengthy trial.
This was overturned by the Court of Appeal in March this year, and his five-year jail sentence was given a stay of execution pending the outcome of his appeal in the Federal Court.
The opposition leader is alleged to have performed carnal intercourse on Saiful, his former aide, at an apartment in Damansara on June 26, 2008.
This is the second sodomy charge against Anwar. The first was in 1998, after he was sacked from government while still holding the posts of deputy prime minister and finance minister. He was then accused of sodomising his former driver and eventually acquitted by the Federal Court in 2004.
This time, Anwar's political career could come to an end if the apex court upholds the Court of Appeal's conviction and grants the prosecution's request for an enhanced sentence which could be extended up to 20 years under the law.