October 17, 2o12
Foggy Misunderstanding or Anwar's Noble wish to save Malaysians serve trauma?
by Terence Netto@www.malaysiakini.com
COMMENT: About many litigation, gifted lawyers contend which a bad allotment is better than a great lawsuit. By this, gifted warn do not meant settling each dispute fast as well as easily.
They contend there contingency be arguments, manoeuvres as well as threats, right up to a last confrontation. Then if during all probable settle.
It's tough to contend if there was tactical foreplay in a prelude to a conference of former Inspector General of Police Musa Hassan's insult fit against Opposition Leader Anwar Ibrahim which was scheduled for yesterday in a Kuala Lumpur High Court prior to legal commissioner Asmabi Mohamad.
But Musa's comments after his lawyers had withdrawn a fit connote to a little "misunderstanding" which he said had led to his filing a suit.
Further, Musa is reported to have said which he supposed a "settlement" proposed by Anwar. In alternative words, his filing for insult was due to a little misconstruction of a facts in which inadvertence played a larger purpose than other, perhaps, more sinister motives; as well as a withdrawal of his movement had something to do with ingratiation.
Ingratiation by whom, a subject inevitably arises. From Musa's comments, it appears which Anwar's side made a moves. But Anwar's lawyers soon disavowed this interpretation of a prelude to Musa's withdrawal of his suit.
They said, in a statement released to a press rught away after Musa's remarks became p! ublic, w hich Musa's withdrawal was unconditional as well as which Anwar's allegations against him which had stirred a plaintiff's movement still stood as well as which Anwar had been ready for a make a difference to ensue in court yesterday.
Two opposing narratives
"If you wish to know a law as well as zero else," mused a famous American Supreme Court justice Oliver Wendell Holmes, "you contingency look during it as a bad male who cares only for a element consequences which such knowledge enables him to predict, not as a great one who finds his reasons for conduct, either inside or outside of it, in a vaguer sanctions of conscience."
One can't contend for certain which it was fear of a material, as well as more certainly, a dignified consequences of proceeding with a insult fit which had stirred Musa to withdraw a suit.
But ever since Mat Zain Ibrahim, a Police Officer who conducted a first review of a 'black eye' situation in which Anwar was beaten whilst in custody, began weighing in publicly with his version of what happened in a aforementioned incident, a balance of probabilities, as lawyers have been wont to say, has tended to foster Anwar's take upon a matter.
Right now, one cannot contend for certain if this interpretation is a more credible. But had Musa's insult fit proceeded to trial, as well as had he submitted to cross-examination, as well as had Mat Zain been called as a witness, as well as also Ramli Yusuff, a former Commercial Crime Investigation Chief, who was present when Anwar was beaten up in his cell upon Sep 20, 1998, a veil of mystery which shrouds a total sequence of events prior to as well as after Anwar's sacking as well as detention in which fatal month would lift, surely.
From which standpoint, Musa's withdrawal has spoiled a ventilation of events which occurred in a dim as well as sinister duration of our new history, a du! ration w hich triggered a concatenation which has conduced to a stream impulse in our story when a nation's electorate have been being asked to endorse one of dual opposing narratives.
One is, essentially, Anwar's narrative: which a nation is spiteful as well as spiteful exceedingly from traumas inflicted upon a physique politic by UMNO-BN's emasculation of a economic as well as dignified sinews. The alternative account contends which Anwar's chronicle of what ails a nation is a insult propounded by him from self-seeking motives.
Musa weasels out
There is no better approach to weigh a truth-content of these competing narratives than to put a versions to a test of scrutiny as well as cross-questioning.
In which sense, Musa's withdrawal of his insult fit as well as accompanying avoidance of interrogate is same to Prime Minister Najib Razak's weaseling out of a challenge to discuss Anwar as well as submitting his policies as well as programmes to cross-questioning by an supposing public.
'Stand as well as deliver' is an needed in front of in a strife of opposing sworn statement in legal warfare, only as it is a compelling in front of in a battle to get opposing agendas as well as policies supposed by adjudicating voters.
But using up a obscure colours of a equal as well as covering a shelter with weasel words such as "misunderstanding" as well as "settlement" smacks of trip shifting as well as tiptoeing where forthrightness as well as truth-telling is needed as well as salvific.
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