‘I am most flabbergasted by his comments on why Saiful was not charged. He said that ‘Usually, the victim would be given protection'. I can only hope he was being purely ignorant when he made that statement.'
On Doc stands by 'no sodomy' findings
Concerned Doctor: I am medical doctor and would like to comment on Dr Osman's SD and how it bears on the investigation/trial. In his SD, he states that he used a ‘disposable proctoscope' with ‘lubricant'. A disposable proctoscope is made of high-quality, medical-grade plastic such as seen here .
Was it not the victim's allegation that he was sodomised with a plastic object? A proctoscope can cause tears to the anal lining and bleeding.
If that was detected in a subsequent examination, and with lubricant, it would be very ‘consistent' with sodomy - circumstantially that is, neither confirming nor excluding it.
I do not see how the findings of the second examination done in HKL can be valid in light of this revelation.
Peter Ooi: Pusrawi Hospital doctor, Dr Mohamed Osman Abdul Hamid is truly a man of principle and lives by the true spirit of Islam. He did not flinch one bit, even though he was apparently threatened during questioning by the police.
Here is a man who simply cannot sacrifice his principles just to make life simple for himself.
Being just a permanent resident in Malaysia, his action to stand by his medical report is even more laudable.
We are fully aware that the makers of the previous two statutory declarations implicating Najib and Rosmah in Altantunya's murder are now facing tough times.
Raja Petera is already awaiting trial for sedition, and Balasubramaniam is in hiding, presumably running away from his pursuers.
With just a PR status, I believe some unseen hands could be making life even more difficult for the doctor. Surely he must have known what was in store for him when he adamantly stuck by his report.
Despite all these daunting threats awaiting him, he still went ahead and openly declared that he stood by his findings.
Based on this fact, I have only one conclusion - I believe Dr Mohamed Osman Abdul Hamid cannot see injustice done to a man who is mercilessly hunted like a wounded tiger by the authorities. He wanted only for the truth to be told.
To Dr Mohamed Osman Abdul Hamid - most of Malaysians would be very proud to have you, a real righteous man. You have our highest respect.
On 'If consensual, why charge me only?'
Lim Leong: I am most flabbergasted by Syed Hamid's comments on why Saiful was not charged. Syed Hamid said that ‘Usually, the victim would be given protection'.
If a person has been charged under Section 377B, which implies consensual sodomy, then how can there be a victim?
If there has to be a victim in a consensual sex act, then every legally married husband and wife in Malaysia is a victim of rape. No doubt this will keep the police very busy and gainfully employed.
Syed Hamid also said that in a ‘criminal justice system, when a person comes forward to report on a matter, the person would be protected'. What he said is only partially true.
Consider the scenario where two people committed a serious crime - let's say, for argument sake, a gang rape case plus wounding with intent. Person B is then prepared to testify as a prosecution witness.
The fact that person B is prepared to be a prosecution witness does not make him/her less guilty of the crime. In a civil society, this is the concept of ‘plea bargain' and may result in a reduced sentence for the prosecution witness.
However, there is no way person B, who is prepared to testify as a witness, can escape a charge under a fair and just criminal justice system.
I can only hope that Syed Hamid was being purely ignorant when he make the above statement.
However, as the chief spin doctor for the BN, I can't help but feel that he is deliberately misleading the people. Fortunately, the people are not as easily fooled as they once were, 20 to 30 years ago.
William D:
I simply cannot understand the logic when Syed Hamid Albar said that Saiful would not be charged ‘because he made the complaint.' Here's an example: I can just imagine two guys who went to rob a bank. They made good and escaped.After a few days, one of them, whose conscience got the better of him, decided to approach the police to make a complaint about his partner who had been abusing him, and had decided not to equally share the loot with him.
Will the one who made the complaint get away scot-free? I believe a crime is a crime, and because both robbed the bank, both have to face the consequences.
Joe Fernandez: If I understand correctly, 377B of the Penal Code is for consensual sex. In that case, Saiful should be charged as well, just like the millions of others who engage in this sort of activity.
Saidi:
They have double standards - this is ridiculous. Please, Hamid Albar, you insult the people's intelligence, and that is why people hate the ruling government so much.Yih Feng Low: What does Syed Hamid mean? That if I collaborate with a friend to commit a crime (eg, murder), but later lodge a report against my partner in crime, I won't be charged even though I am just as guilty?
I suggest he stop lying to us as he is just making life more embarrassing for him.
Farid: Now I'm confused here. If the case is consensual, what justice is being sought? And yes, Saiful isn't being charged so that raises other questions.
If this case goes any further, it is only proof of interference from someone higher up.
If Saiful is not made an example of and not made to spill the beans about who was instructing him to say all the things he has said, I wouldn't be surprised at all if this same accusation surfaces again and again.
I pray that these powers-that-be, those that are doing the wrong, are found out for the sake of this country.
I really don't care what they stand to lose, what high office they hold, or who their friends are - they really deserve all they get for doing what they are, and have been, doing to this wonderful country.
Luk: Although Mohamad Saiful appears to be equally culpable under the law, Home Minister Syed Hamid Albar said he would not be charged because he had lodged the complaint.
Is the home minister saying that a rapist who lodged a complaint to the police that he was castrated while raping his victim will not be charged? Instead, the victim will be charged for castration?
Supposedly, our home minister is a lawyer by training. How sad. I cry for Malaysia.
Garry Khoo:
My goodness, I will not let my son to become a lawyer or doctor if Pakatan Rakyat does not become the next federal government.The future of lawyers and doctors have now been spoilt because of Anwar's sodomy case.
I think that only Anwar can fight back for the dignity of the profession.
I'm praying hard to God that Anwar will settle the allegation as soon as possible and bring prosperity to Malaysia once he becomes our sixth prime minister.
On Anwar pleads not guilty, freed on bond
Clarity: Isn't it strange that the charge was changed to 377B (ie, consensual) from 377C that is of rape? The only possible reason would be what was in the SD by Dr Osman that emerged in the wee hours of the morning before the trial.
The contents of the SD were very explicit, leaving the solicitor-general no choice but to amend the charge. It is also interesting to note that the police report from Saiful is still being concealed.
Finally, the statement from our learned home affairs minister demands some clarification. He has stated that the complainant Saiful need not be charged, since he is the complainant and a witness for the government.
My question is, if the charge is consensual, why is Saiful not subject to the same law? Does it mean that this type of preferential treatment is acceptable in the eyes of the law?
Finally, in this type of case between two individuals, does it not look like it is politically- motivated when the government is using one person to charge the other?
Mustapa:
In 1998, it was Tun M's plot to use Azizan as the complainant. Where is Azizan today? As I understand, he is now a corporate figure heading some Malaysian GLC set-up. Imagine, a driver is now a corporate figure.Musa Hassan and Abdul Gani Patail were two prominent players in the 1998 saga - where are they today? Are there no better, more senior people in the police force and attorney-general's chambers to be the IGP and AG?
Now in 2008, we have another plot using Saiful. Fortunately, PM Abdullah has instructed the IGP and the AG to keep out of the investigation so there is a possibility that the CID chief will now be a major player in this saga.
For PM Abdullah, he should change his ‘Islam Hadhadari' doctrine to a ‘Islam Sedar Diri' doctrine.
Hopefully this will help to wipe out the corruption in the government that is spreading like wildfire.
Vodka Wong:
This is the darkest period of our judicial system - Anwar Ibrahim being charged. All investigations have been directed as if Anwar was guilty, before he has even been judged.Please turn off your lights on Aug 16 from 8pm to 9pm to show our anger against the biased judicial system, unfair enforcement, lack of transparency and the conspiracy against democracy.
All Malaysians are united in their stand for better Malaysia.
Rfbu: You know what? I have a bad feeling that Anwar won't get very far. I personally feel that the powers-that-be will successfully 'cut down' the shepherd, Anwar.
My gut instinct tells me that DSAI will not get to carry out his promises because of this sodomy allegation, and because of that, Anwar will not overthrow the BN government come Sept 16 and be able to reduce petrol prices.
My gut feeling also tells me that BN will still be in power come the 13th GE but PR will continue fighting.
BN will weaken, slowly but surely. But whatever happens, I urge DSAI and PR to continue fighting because Malaysia is worth fighting for.
On 'Impossible to expect fair trial'
Pepper: The authorities may have realised that the clinical findings , medical reports and the argument that Anwar is a 60-year-old man with a bad back are not supportive of a forced sodomy.
Hence, they made the decision to charge DSAI for consensual sex against the order of nature, which can be equally damaging. Saiful will probably admit (a change of tactic) that he had consensual sex.
He may or may not be convicted, but will receive red carpet treatment, unlike Anwar. Someone (was it the PM?) mentioned that the police have scientific evidence against Anwar and that they are not stupid enough to charge him without evidence.
What this might mean is that the DNA from 1998 may have found its way into Saiful's rectum or could have been used to contaminate a recent specimen from Saiful. That will form the 'scientific proof' of sex against the order of nature.
A charge of consensual anal sex may be more difficult to counter, especially with this planted scientific proof and the absence of signs of 'forced entry'. Can you beat them?