By now, most of us have read and probably seen the purpoted medical report by a certain Burmese doctor that supposedly proves that Mr. Saiful Bukhari Azlan was not sodomized by Mr. Anwar Ibrahim or by anyone at all.
However, by now I think everyone has made their mind up in relation to the sodomy claim by Mr. Saiful. To those that do not believe it in the first place, the leaked report will reinforce their suspicions that this is all a political conspiracy. To those who believe Mr. Saiful, this report will be dismissed either as fabrication or inconclusive evidence.
The term ‘trial by media’ is a phrase used when the media coverage impacts upon a person’s reputation and creates a perception of guilt or innocence regardless of the verdict of any court of law (source:Wikipedia). In relation to this latest round of sodomy allegations, the ‘trial by media’ is conducted by two differing entities: the mainstream media and the alternative media (i.e. the internet). It seems to me that there is a battle between the two to win the perception of the people.
Yes, it’s all about ‘perception’. This whole episode has not been about evidence and due process of the law, but about perceptions. The perception being created by these two ‘medias’ will negate any court decision and any due process of law.
If Mr. Anwar is charged and sentenced, there will be people who still believe in his innocence and believe that there is a conspiracy. If Mr. Anwar the charges are dropped or if Mr. Anwar is pronounced ‘not guilty’, there will be people who believe that he had sodomized his former aide.
How then, is due process of the law going to prevail?
By removing any doubts and suspicion on that due process.
The police force and the AG’s chambers cannot be said to be independent in this matter. I do not need to expound to you the reasons why, but I think it’s quite clear that there are more than enough reasons to suspect that justice may be hindered if the police and the AG’s chambers are involved. I’m not saying that the police and the AG are co-conspirators or anything to that effect, what I’m saying is that public perception of these institutions have been tainted. Even the possibility of anything less than a just investigation and prosecution is enough to rule these two institutions out.
Similarly, the revealations made by the infamous ‘Linggam’ tapes have also tainted the integrety of the judiciary. The courtroom facade during the first round of sodomy allegations have not helped matters; there are too many questionable actions in Mr. Anwar’s first trial for anyone to safely say that it is in accordance with justice.
So if we rule out the police as investigators, and we rule out the AG’s chambers as prosecutors and we rule out the courts as deciders, how will the trial, if any, be conducted?
That is why I am proposing that if Mr. Anwar is to be charged for the alleged sodomy, it must be conducted by a Royal Commission.
A ‘Royal Commission’, you may ask? For what is essentially a matter between the accused and his accuser?
But this is no mere ‘private’ matter. This has so many elements to it, so many interested parties, so much hanging on the line. I’d even go far enough to say that the future of the nation will be at stake should Mr. Anwar be charged in court. It’s not about Anwar Ibrahim and Saiful Bukhari Azlan anymore.
My personal take on the whole issue can be found elsewhere. What I’m proposing is what I see as a fair solution to to tackle this issue as fairly and as justly as possible should it be decided that Mr. Anwar will be charged with the alleged crime.
If the government is sincere about wanting justice to be done, then it must think along these lines. If due process of the law is of the paramount importance, then the matter must be investigated by an independent body, free from the shackles of political influence and undue considerations.
I doubt the government will do just that when the overall situation is on their side! Would they care for the people or what the outside world think about this case? Mind you, in this world, for politician there is nothing greater then ‘power’. Do you think they will bow to any form of pressure and in the end ‘kill’ them politically? There are hidden hands in this case, that I am very sure of. But WHY? You might not be aware (my apology if I am wrong) that in 1998 when these hidden hands made the allegations, it was in fact they were scared that Anwar would replace Dr M as PM. Prior to DSAI sacking, he had the opportunity to act as the Acting PM when Dr M when on leave for 2 months. During that 2 months period DSAI took out all the ACA files on big guns which was swept under the carpet or kept as a tool to blackmail should they go against Dr M. These big guns were too afraid that DSAI take over the helm and if that did happened, I believe these people wouldn’t be in the cabinet after that but in jail for corruption. That’s why they will go to any extend to ensure that DSAI will never become PM. Not those years nor now.