To me, this verdict does not mean that anybody can sodomise anyone against their will in Malaysia.
Some accused for example in the USA have been jailed for 38 years and then released after recent DNA tests concluded that they are not guilty as in the case of James Bain, convicted for raping a 9 year old boy in 1974 but released in 2009 after DNA tests scientifically and successfully proved that he didn't commit the crime.
And in the case of Mr Bain, he is guilty in the eyes of the public but in fact he is innocent. This shows that the real criminal/perpetrator is still out there, scot free, free to commit another heinous crimes, the real perpetrator in Mr Bain's case is guilty but he is seen as innocent by the public because the public doesn't know. So In the latest case that grip Malaysia today, if you are found guilty by the court does not mean that you are really guilty and if you are found not guilty by the court does not mean you are innocent.
The case that grip Malaysia today on Monday 9th January 2012 is this :
Malaysian opposition leader Anwar Ibrahim has been acquitted of sodomy after a two-year trial.
Kuala Lumpur High Court Judge Zabidin Mohamad Diah said DNA evidence submitted by the prosecution was unreliable and discharged the case.
Datuk Seri Anwar Ibrahim has been acquitted by the High Court on a charge of sodomising his former personal aide Mohd Saiful Bukhari Azlan.
Mohamad Zabidin Mohd Diah said the court could not be 100% certain after going through the evidence that the integrity of the DNA samples had not been compromised.
“The court finds that it is not safe to rely on the DNA evidence. So what is left is only Mohd Saiful testimony, ” he said in his oral judgement.
“As this is a sexual crime, the court is reluctant to convict based entirely on Mohd Saiful's testimony without corroboration. The accused is thus acquitted and discharged,” he ruled.
The judgment, read in less than two minutes, was delivered to a packed courtroom that then erupted into cheers and shouts of Allahuakbar (God is great).
Anwar, 64, has consistently denied the charges and called them a government bid to cripple his political ambitions and influence.
However, Anwar is also reluctant to declare his innocence by taking oath inside a Mosque, as had been done bravely by Mohd Saiful.
Anwar's reluctance, made him guilty in the eyes of Malaysians.
This is Saiful's sworn statement that he was indeed sodomised by Anwar Ibahim. Saiful made this sworn statement inside a mosque and holding a Quran on August 2008. Despite being challenged to do so, Anwar was reluctant. So to me Anwar did indeed sodomised Saiful, unless Anwar gives a sworn statement like this.
The government said the verdict showed Malaysia's judiciary was free from government influence.
Sodomy is illegal in Muslim-majority Malaysia but very few people are ever prosecuted.
'Justice has prevailed'
Mr Anwar had been accused of having sex with a former male aide. He had faced up to 20 years in prison if found guilty.
Meanwhile The United States Department said the court ruling reflected favourably on the independence of Malaysia's judiciary.
"We welcome the closure of this long-running case, which we've followed closely," said a statement from the office of the department's spokesman, issued through the US Embassy in Kuala Lumpur.
It said the ruling presented an opportunity for all Malaysians to focus on the future.
In SINGAPORE, Catherine Ashton, the European Union's High Representative for Foreign Affairs and Security Policy and Vice-President of the Commission, hailed the integrity of Malaysia's judiciary system in light of its verdict on Anwar.
Her views was sent through a statement issued by a spokesperson from the EU's headquarters in Brussels.
The statement read:
"The High Representative welcomes the fact that Anwar Ibrahim has been acquitted. This verdict shows the integrity of Malaysia's judicial system, which is an essential pillar in a democratic system. The High Representative hopes that the matter will now be put to rest."
Saiful accepts court's decision, hopes prosecution will appeal
Meanwhile Anwar's accuser, Mohd Saiful Bukhari Azlan hopes the prosecution would lodge an appeal against the High Court's decision to acquit Anwar for sodomising him.
In a latest entry in his blog, Mohd Saiful tweeted that he accepted the verdict with a calm heart but said that he too has the right to recourse.
"My family and I, therefore, hope that the prosecution could take up the case to the Court of Appeal," he said. "As a servant of Allah, I believe there is a blessing in disguise in everything," he said, expressing his gratitude to all who have supported and prayed for him.
To me, this verdict does not mean that anybody can sodomise anyone against their will in Malaysia.
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