October 15, 2012
www.malaysiakini.com
Musa Hassan: Will he distortion again as he did in Sabah in the Dato' Ramli Yusuff Case?
COMMENT by Terence Netto: Tomorrow one of the some-more intriguing confrontations in new legal history is set for staging prior to Judge Asmabi Mohamad in the Kuala Lumpur High Court.
Former Inspector-General of Police Musa Hassan is the plaintiff in the insulting box he filed opposite Anwar Ibrahim in mid-2008 after the Opposition personality had made multiform allegations opposite Musa as well as Attorney-General Abdul Gani Patail in the Police inform Anwar lodged upon July 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 supervision of Lee Kuan Yew.
Respectable perspective attributed Singapore government's tall rate of success in insulting cases to the compliant judiciary. If insult is invoked connected with allegations which savour of the truth, the gold standard in cautionary wisdom would be the one offered by the Irish playwright Oscar Wilde after he sued the Marquis of Queensbury upon the latter job him the sodomite.
Wilde had been accused by the Marquis who was indignant during the writer's relationship with his son, Alfred Douglas. Under interrogate by the marquis' lawyer, Edward Carson, afterwards the English Bar's heading exponent of the art, Wilde was unprotected as the homosexual he was. He mislaid the suit.
The marquis was irreproachable as well as Wilde, ever the aphorist even in defeat, coined "Never sue when the allegations have been true," which now stands as the gold standard in cautionary wisdom where insult is concerned.
Whethe! r Anwar' s allegations in the police inform he lodged in 2008 connected with the deportment of Musa as well as Gani in apply oneself of investigations heading to the brace of trials Anwar faced in 1998-99 have been loyal will come up for hearing tomorrow prior to Justice Asmabi.
The allegations were which Musa, afterwards the comparison questioner with the Police, as well as A-G Gani, afterwards the comparison prosecutor in the A-G's Chambers, had fabricated 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 additionally endangered justification relating to the 1999 exploration by the Royal Commission in to the 'black eye' situation suffered by Anwar while under police apprehension following his detain upon September 20, 1998.
Reacting to Anwar's allegations lodged in the Police inform of 2008, Musa issued through his lawyers letters of direct to Anwar to redress as well as apologise.
When Anwar refused, Musa filed for defamation. Gani, however, ignored the allegations, selecting not to sue.
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The nub of Anwar's allegations endangered the 'black eye' situation as well as the justification which formed the basement of corruption, abuse of energy as well as sodomy charges which were elite opposite him in his trials in 1998-99.
Musa was the comparison investigating officer in the primary hearing of Anwar for crime as well as abuse of energy as well as the after hearing for sodomy.
By the time Anwar filed the Police inform in July 2008, Musa had risen to turn Inspector-General of Police as well as Gani was promoted to the post of Attorney-General.
According to Anwar's Police report, Musa as well as Gani had! conspir ed to fashion justification which the 'black eye' Anwar suffered while in apprehension was self-inflicted.
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 now late police officer who in late 1998 was tasked with the purpose of investigating the 'black eye' incident.
In Police reports as well as affidavits he has filed in the final couple of years, Mat Zain 
claims which Musa as well as Gani had conspired to fashion justification in the 'black eye' incident.
In the hearing beginning tomorrow, Musa will have his possibility of refuting Mat Zain's claims which have been certain to be cited by Anwar's lawyers as grounds for the exclusion 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 conspiracy to fashion justification opposite Anwar ran in to the hail of "not relevant" objections by the prosecutor which were sustained by the late Justice Augustine Paul who presided during the trial.
In fact, multiform rulings upon evidential relevance in the march of the hearing by Paul, reputedly an consultant upon evidence, saw the tenure '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 question which will tease observers during tomorrow's proceedings.
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