Justice Mohamad Zabidin Mohd Diah was described as primarily open when conducting a Anwar Ibrahim Sodomy II trial, but as soon as his statute upon ordering a charge to yield a declare list as well as alternative pass papers was overturned by a top courts, he appeared to have altered his stand.
Queen's Counsel Mark Trowell, a writer of 'The Trial of Anwar Ibrahim Sodomy II', pronounced he found Zabidin to be fair after giving a statute in foster of a defence, distinct (former Federal Court judge) Augustine Paul, who presided upon Anwar's abuse of energy trial.
Trowell, who observed both trials upon behalf of a Inter-Parliamentary Union (IPU) as well as LawAsia, has worked extensively both as counterclaim counsel as well as prosecutor in Australia.
Zabidin done a statute in foster of Opposition Leader Anwar during thepre-trial stage, ensuing in a charge appealing a decision. The Court of Appeal subsequently overturned a preference as well as this was inspected by a Federal Court.
Following Zabidin's ruling, Anwar's lawyers were authorised to inspect a CCTV recordings done during a Desa Damansara condominium, a declare statements of complainant Mohd Saiful Bukhari Azlan, Hospital Pusrawi's Dr Osman Abdul Hamid as well as alternative witnesses, along with a declare list as well as healing reports.
However, a Federal Court overruled a High Court's understand of territory 51 as well as territory 51A of a Criminal Procedure Code, saying it was flawed. Federal Court judgeAbdu! ll Hamid Embongsaid a territory did not yield a wide-ranging application for a counterclaim to obtain papers during a pre-trial stage.
"Its scope is limited in law. In a view, a High Court decider went overboard in deciding to expand territory 51 as well as had effectively altered a law by ordering a charge to yield a documents.
"Changes in a law is for Parliament to decide, not a judiciary. Judges interpret a law, as well as judges underneath a guise of understand should not yield their own elite amendments to a statutes," Abdull Hamid had ruled.
The ruling, pronounced Trowell, had resulted in Zabidin going "into a shell". According to a Australian lawyer, a preference of a top courts was usually contracting during a pre-trial stage.
"When a hearing starts as well as witnesses have been called, a counterclaim has a right to get a documents. It is since when a hearing starts, it is he (Zabidin) who runs a show as well as no a single else."
However, he pronounced a Federal Court statute had an adverse impact upon a hearing judge, ensuing in rulings opposite a defence, time as well as again, forcing Anwar's counsel Karpal Singh to try to remove a decider upon three occasions over allegations of bias.
Right preference to acquit
Trowell pronounced despite this, Zabidin done a contingent preference to justify Anwar.
"To tell you a truth, we was awaiting which Anwar would be convicted upon January 9 following a most rulings done by a decider opposite a defence. Anwar additionally told me which he had approaching a worst as well as ready to be incarcerated for! an additional six years".
"How! ever, pr obity Zabidin, distinct his preference to order Anwar to come in his defence, announced his outcome inside of five minutes. we don't consider people in a open gallery quite understood - or which it had sunk in - as after delivering it, a decider left (the courtroom) immediately."
Zabidin (left) had said: "After going by a evidence, a justice could not with 100 percent certainty bar which a DNA representation is not compromised. As such, a justice is left with Saiful's testimony.
"As this is a passionate crime, a justice is regularly demure to convict based entirely upon Saiful's testimony, which is uncorroborated. The indicted is thus acquitted as well as discharged."
Trowell pronounced Anwar's acquittal was due to "sloppy military work" by a investigating military officer Supt Jude Pereira, who had certified in justice which after obtaining a DNA samples from a Hospital Kuala Lumpur doctors, he reopened as well as repackaged them.
"This does not usually occur in Malaysia as such things (sloppy military work) do occur in Australia. In a end, with a uncertainty or reasonable doubt, it was a right preference done by a decider to justify Anwar," he said.
"Ultimately, he (the judge) found he could not bar a possibility which a integrity of a representation had been compromised prior to it reached a laboratory for DNA analysis.
"As such, he was not satisfied this justification was capable of corroborating a actuality of penetration," Trowell wrote in his book.
He added which a samples were retrieved dual days after a purported sodomy situation as well as was not kept in a fridge as destined by a doctors. It was kept in a steel drawer in Jude's bureau as well as usually s! ince t! o a ch emist dual days later.
Poser upon prosecution's appeal
Trowell pronounced as an ubiquitous spectator he neither support Anwar nor did he want to tell Malaysia or a law how things should be run.
"As my father had worked as an engineer in Ipoh, we know Malaysian sentiments which they have been supportive upon how foreigners perspective their country as well as being told what to do.
"But we poise some questions upon what could occur with a charge regarding its appeal in a case during a end of a book," he said.
Trowell wondered aloud whether a justice would overturn a outcome should Anwar's Pakatan Rakyat win a subsequent ubiquitous election.
"I have told Anwar, 'It seems your life circles around a justice rsther than than fully in politics.'"
The 306-page book finished with multiform posers as to what fate holds with courtesy to an additional Anwar's justice case - a Peaceful Assembly Act 2012 charge.
Trowell additionally asked whether it was right for former solicitor-general II Mohd Yusof Zainal Abiden, who had led a charge in a Sodomy II trial, to now defend a antithesis leader.
As during press time, Yusof is representing former PKR supreme legislature part of Badrul Hisham Shahrin, additionally known as Chegubard, who along with Anwar as well as PKR deputy boss Azmin Ali, face charges related to a Bersih 3.0 rally.
Trowell additionally revealed which primarily retailers in Malaysia were hesitant to put his book upon a shelves, following actions by a authorities opposite Border's bookstore, which was raided in relation to an additional controversial book.
How! ever, hi s book is now availa! ble in a ll major bookstores as well as can additionally be purchased online viaAmazon.com-malaysiakini
Hakim Mohamad Zabidin Mohd Diah digambarkan sebagai terbuka apabila mengendalikan perbicaraan pertuduhan kes liwat kedua terhadap Datuk Seri Anwar Ibrahim tetapi kemudian didakwa berubah apabila pendakwaan diarahkan menyediakan senarai saksi dan dokumen utama.
Peguam berpengalaman Australia Mark Trowell berkata, beliau mendapati Zabidin berlaku adil selepas membuat keputusan memihak kepada pembelaan, tidak seperti bekas hakim persekutuan Augustine Paul yang mengendalikan perbicaraan kes dakwaan salah guna Anwar.
PengarangThe Trial of Anwar Ibrahim Sodomy II(Perbicaraan Anwar Ibrahim, Liwat II) yang mengikuti kedua-dua perbicaraan itu bagi pihak Kesatuan Antara Parlimen (IPU) dan LawAsia.
Pada peringkat praperbicaraan, Zabidin membuat keputusan memihak kepada ketua pembangkang, menyebabkan pendakwaan merayu terhadap keputusan itu.
Mahkamah Rayuan kemudian mengubah keputusan itu, yang kemudian dikekalkan oleh Mahkamah Persekutuan.
Ekoran keputusan Zabidin itu juga, peguam Anwar dibenarkan memeriksa rakaman kamera litar tertutup (CCTV) yang dibuat di kondominium Desa Damansara, kenyataan saksi berhubung p! engadu M ohd Saiful Bukhari Azlan, doktor Hospital Pusrawi Dr Osman Abdul Hamid dan saksi lain, termasuk senarai saksi dan laporan perubatan.-malaysiakini
cheers.
Queen's Counsel Mark Trowell, a writer of 'The Trial of Anwar Ibrahim Sodomy II', pronounced he found Zabidin to be fair after giving a statute in foster of a defence, distinct (former Federal Court judge) Augustine Paul, who presided upon Anwar's abuse of energy trial.
Trowell, who observed both trials upon behalf of a Inter-Parliamentary Union (IPU) as well as LawAsia, has worked extensively both as counterclaim counsel as well as prosecutor in Australia.Zabidin done a statute in foster of Opposition Leader Anwar during thepre-trial stage, ensuing in a charge appealing a decision. The Court of Appeal subsequently overturned a preference as well as this was inspected by a Federal Court.
Following Zabidin's ruling, Anwar's lawyers were authorised to inspect a CCTV recordings done during a Desa Damansara condominium, a declare statements of complainant Mohd Saiful Bukhari Azlan, Hospital Pusrawi's Dr Osman Abdul Hamid as well as alternative witnesses, along with a declare list as well as healing reports.
However, a Federal Court overruled a High Court's understand of territory 51 as well as territory 51A of a Criminal Procedure Code, saying it was flawed. Federal Court judgeAbdu! ll Hamid Embongsaid a territory did not yield a wide-ranging application for a counterclaim to obtain papers during a pre-trial stage.
"Its scope is limited in law. In a view, a High Court decider went overboard in deciding to expand territory 51 as well as had effectively altered a law by ordering a charge to yield a documents.
"Changes in a law is for Parliament to decide, not a judiciary. Judges interpret a law, as well as judges underneath a guise of understand should not yield their own elite amendments to a statutes," Abdull Hamid had ruled.The ruling, pronounced Trowell, had resulted in Zabidin going "into a shell". According to a Australian lawyer, a preference of a top courts was usually contracting during a pre-trial stage.
"When a hearing starts as well as witnesses have been called, a counterclaim has a right to get a documents. It is since when a hearing starts, it is he (Zabidin) who runs a show as well as no a single else."
However, he pronounced a Federal Court statute had an adverse impact upon a hearing judge, ensuing in rulings opposite a defence, time as well as again, forcing Anwar's counsel Karpal Singh to try to remove a decider upon three occasions over allegations of bias.
Right preference to acquit
Trowell pronounced despite this, Zabidin done a contingent preference to justify Anwar.
"To tell you a truth, we was awaiting which Anwar would be convicted upon January 9 following a most rulings done by a decider opposite a defence. Anwar additionally told me which he had approaching a worst as well as ready to be incarcerated for! an additional six years".
"How! ever, pr obity Zabidin, distinct his preference to order Anwar to come in his defence, announced his outcome inside of five minutes. we don't consider people in a open gallery quite understood - or which it had sunk in - as after delivering it, a decider left (the courtroom) immediately."
Zabidin (left) had said: "After going by a evidence, a justice could not with 100 percent certainty bar which a DNA representation is not compromised. As such, a justice is left with Saiful's testimony."As this is a passionate crime, a justice is regularly demure to convict based entirely upon Saiful's testimony, which is uncorroborated. The indicted is thus acquitted as well as discharged."
Trowell pronounced Anwar's acquittal was due to "sloppy military work" by a investigating military officer Supt Jude Pereira, who had certified in justice which after obtaining a DNA samples from a Hospital Kuala Lumpur doctors, he reopened as well as repackaged them.
"This does not usually occur in Malaysia as such things (sloppy military work) do occur in Australia. In a end, with a uncertainty or reasonable doubt, it was a right preference done by a decider to justify Anwar," he said.
"Ultimately, he (the judge) found he could not bar a possibility which a integrity of a representation had been compromised prior to it reached a laboratory for DNA analysis.
"As such, he was not satisfied this justification was capable of corroborating a actuality of penetration," Trowell wrote in his book.
He added which a samples were retrieved dual days after a purported sodomy situation as well as was not kept in a fridge as destined by a doctors. It was kept in a steel drawer in Jude's bureau as well as usually s! ince t! o a ch emist dual days later.
Poser upon prosecution's appeal
Trowell pronounced as an ubiquitous spectator he neither support Anwar nor did he want to tell Malaysia or a law how things should be run.
"As my father had worked as an engineer in Ipoh, we know Malaysian sentiments which they have been supportive upon how foreigners perspective their country as well as being told what to do.
"But we poise some questions upon what could occur with a charge regarding its appeal in a case during a end of a book," he said.
Trowell wondered aloud whether a justice would overturn a outcome should Anwar's Pakatan Rakyat win a subsequent ubiquitous election."I have told Anwar, 'It seems your life circles around a justice rsther than than fully in politics.'"
The 306-page book finished with multiform posers as to what fate holds with courtesy to an additional Anwar's justice case - a Peaceful Assembly Act 2012 charge.
Trowell additionally asked whether it was right for former solicitor-general II Mohd Yusof Zainal Abiden, who had led a charge in a Sodomy II trial, to now defend a antithesis leader.
As during press time, Yusof is representing former PKR supreme legislature part of Badrul Hisham Shahrin, additionally known as Chegubard, who along with Anwar as well as PKR deputy boss Azmin Ali, face charges related to a Bersih 3.0 rally.
Trowell additionally revealed which primarily retailers in Malaysia were hesitant to put his book upon a shelves, following actions by a authorities opposite Border's bookstore, which was raided in relation to an additional controversial book.
How! ever, hi s book is now availa! ble in a ll major bookstores as well as can additionally be purchased online viaAmazon.com-malaysiakini
Hakim Mohamad Zabidin bukan macam hakim 'tak relevan' dulu...
Hakim Mohamad Zabidin Mohd Diah digambarkan sebagai terbuka apabila mengendalikan perbicaraan pertuduhan kes liwat kedua terhadap Datuk Seri Anwar Ibrahim tetapi kemudian didakwa berubah apabila pendakwaan diarahkan menyediakan senarai saksi dan dokumen utama.
Peguam berpengalaman Australia Mark Trowell berkata, beliau mendapati Zabidin berlaku adil selepas membuat keputusan memihak kepada pembelaan, tidak seperti bekas hakim persekutuan Augustine Paul yang mengendalikan perbicaraan kes dakwaan salah guna Anwar.PengarangThe Trial of Anwar Ibrahim Sodomy II(Perbicaraan Anwar Ibrahim, Liwat II) yang mengikuti kedua-dua perbicaraan itu bagi pihak Kesatuan Antara Parlimen (IPU) dan LawAsia.
Pada peringkat praperbicaraan, Zabidin membuat keputusan memihak kepada ketua pembangkang, menyebabkan pendakwaan merayu terhadap keputusan itu.
Mahkamah Rayuan kemudian mengubah keputusan itu, yang kemudian dikekalkan oleh Mahkamah Persekutuan.
Ekoran keputusan Zabidin itu juga, peguam Anwar dibenarkan memeriksa rakaman kamera litar tertutup (CCTV) yang dibuat di kondominium Desa Damansara, kenyataan saksi berhubung p! engadu M ohd Saiful Bukhari Azlan, doktor Hospital Pusrawi Dr Osman Abdul Hamid dan saksi lain, termasuk senarai saksi dan laporan perubatan.-malaysiakini
cheers.
Posted byali allah ditta
More Barisan Nasional (BN) | Pakatan Rakyat (PR) | Sociopolitics Plus |
Courtesy of Bonology.com Politically Incorrect Buzz & Buzz
No comments:
Post a Comment