I refer to the Malaysiakini report Sodomy: Anwar turns to Syariah Court .
I am not a lawyer but certain thing about the recent Anwar Ibrahim's alleged sodomy case piques me.
First of all, is Anwar is being investigated for alleged sodomy or sexual assault or both?
Now, if the former, than both parties Anwar and Saiful Bukhari Azlan should be investigated and clearly Saiful should also be charged in the court for anal intercourse which is an offence under Malaysian law.
This is a consensual act and both parties are guilty. If this is the case than what puzzles me is why Saiful is being protected instead of being charged.
If the case is classified as sexual assault, than what surprises me is that Saiful does not look like he is hurt. I mean there are no signs of assault or bruises on this young man.
Even if there was a sexual assault, than can someone explains to me how a fragile man like Anwar with a injured back disc could have singlehandedly overwhelmed a taller, stronger and a much younger man?
Or was there a group of men who helped Anwar to assault Saiful? However Saiful never claimed that there was any such group.
In logical terms, the case does not make sense but maybe in this world there a lot of things that do not make sense. One example is the sodomy circus 10 years back when the case made a mockery of our judicial system.
Any ‘illegal’ sexual act must be substantiated with hard evidence. As an examples, in rape cases sperm, hair, finger nails samples which contain DNA traces could prove the case.
Or in the high technology world of today there are many gadgets such as cell phones with cameras, sound recordings, video recordings etc. which should able to provide hard evidence of any ‘illegal’ sexual act.
We have seen in the past how politicians like DP Vijendran and Dr Chua Sok Lek were involved in sexual acts and hard evidence in the form of videos were soon circulating around.
However, in Anwar's case 10 years back and now we do not see any such hard evidence at all.
All that has been shown is circumstantial evidence and that word of mouth! Is this enough to put a person behind bars?
