October 15, 2012
www.malaysiakini.com
Musa Hassan: Will he lie again as he did in Sabah in the Dato' Ramli Yusuff Case?
COMMENT by Terence Netto: Tomorrow the single of the some-more appealing confrontations in new judicial history is set for entertainment prior to Judge Asmabi Mohamad in the Kuala Lumpur High Court.
Former Inspector-General of Police Musa Hassan is the plaintiff in the insulting case he filed opposite Anwar Ibrahim in mid-2008 after the Opposition leader had done multiform allegations opposite Musa as well as Attorney-General Abdul Gani Patail in the Police inform Anwar lodged upon Jul 1 which year.
Defamation is the formidable area of jurisprudence to parse. About the usually plaintiffs to win insult cases with regularity in new decades was the government of Lee Kuan Yew.
Respectable opinion attributed Singapore government's tall rate of success in insulting cases to the compliant judiciary. If insult is invoked connected with allegations which bite of the truth, the bullion customary in cautionary wisdom would be the a single offering by the Irish playwright Oscar Wilde after he sued the Marquis of Queensbury upon the latter calling him the sodomite.
Wilde had been indicted by the Marquis who was indignant during the writer's attribute with his son, Alfred Douglas. Under interrogate by the marquis' lawyer, Edward Carson, afterwards the English Bar's leading exponent of the art, Wilde was unprotected as the homosexual he was. He mislaid the suit.
The marquis was vindicated as well as Wilde, ever the aphorist even in defeat, coined "Never sue when the allegations have been true," which right away stands as the bullion customary in cautionary wisdom where insult is concerned.
Whether Anwar's allegations in the military inform he lodged in 2008 connected with the carriage of Musa as well as Gani in apply oneself of investigations leading to the brace of trials Anwar faced in 1998-99 have been true will come up for hearing tomorrow prior to Justice Asmabi.
The allegations were which Musa, afterwards the comparison investigator with the Police, as well as A-G Gani, afterwards the comparison prosecutor in the A-G's Chambers, had built justification in the trials in 1998-99 opposite Anwar for crime as well as abuse of power, as well as for sodomy.
Anwar's allegations also endangered justification relating to the 1999 exploration by the Royal Commission in to the 'black eye' situation suffered by Anwar whilst under military apprehension following his arrest upon September 20, 1998.
Reacting to Anwar's allegations lodged in the Police inform of 2008, Musa released through his lawyers letters of direct to Anwar to retract as well as apologise.
When Anwar refused, Musa filed for defamation. Gani, however, ignored the allegations, choosing not to sue.
Top patrolman speaks out
The nub of Anwar's allegations endangered the 'black eye' situation as well as the justification which formed the basis of corruption, abuse of energy as well as sodomy charges which were preferred opposite him in his trials in 1998-99.
Musa was the comparison questioning military military officer in the initial hearing of Anwar for crime as well as abuse of energy as well as the later hearing for sodomy.
By the time Anwar filed the Police inform in Jul 2008, Musa had risen to turn Inspector-General of Police as well as Gani was promoted to the post of Attorney-General.
The whole part of the 'black eye' as well as the crime as well as abuse of energy as well as sodomy trials of 1998-99 have been enmeshed in the miasma of contention, strands of which have been gradually being brought to light by the retrospections of Mat Zain Ibrahim, the right away late military military military officer who in late 1998 was tasked with the role of questioning the 'black eye' incident.
In Police reports as well as affidavits he has filed in the final few years, Mat Zain 
claims which Musa as well as Gani had conspired to fashion justification in the 'black eye' incident.
In the hearing commencement tomorrow, Musa will have his possibility of refuting Mat Zain's claims which have been sure to be cited by Anwar's lawyers as drift for the dismissal of Musa's insult suit.
All efforts by Anwar's counsel, the late Christopher Fernando, in the 1998-99 hearing for crime as well as abuse of energy to show which Musa, with Gani, had engaged in the swindling to fashion justification opposite Anwar ran in to the hail of "not relevant" objections by the prosecutor which were postulated by the late Justice Augustine Paul who presided during the trial.
In fact, multiform rulings upon evidential relevance in the course of the hearing by Paul, reputedly an expert upon evidence, saw the term 'not relevant' pass in to comic vogue during the hearing as well as in the aftermath.
Whether Musa will find the comparably balm Judge in Asmabi which he had in Paul in the trials of some-more than the decade ago is the subject which will tantalise observers during tomorrow's proceedings.
Read More @ SourceMore Barisan Nasional (BN) | Pakatan Rakyat (PR) | Sociopolitics Plus |
No comments:
Post a Comment