Stripped and measured... Another Rashomon
Rashomon is a situation borrowed from Akira Kurosawa's famous film where truth can be alleged in many variations depending on the perspectives of the respective truth-brokers.
In the latest example, Anwar disclosed yesterday that during his medical examination at the KL Hospital, he was stripped naked, had his whole body examined including his private parts measured.
In today's papers, for example, people from the government, notably the Home Affairs Minister who helped Malaysia lose Batu Puteh, started to make statements that suggest Anwar was not cooperating with the police investigations into the alleged sodomy claim made against him. So, the stage is set.
Now, back to the original question: Was Anwar stripped naked? Did he have his whole body examined including his private parts measured?
Never mind the effect is as good as quoting from an anonymous blog, interestingly, the New Straits Times today found it fit to use an unnamed source to rebut Anwar's version of truth.
Let me excerpt today's NST:
Anwar also spoke of his embarrassment at being ordered to strip naked and "measured" when he was taken to the hospital.
"I was stripped naked and had my private parts examined. They also measured the parts," he said.
He said he refused to have photographs taken "as that could end up on YouTube (the free video streaming website)".
The allegation that he was stripped naked, however, was denied by hospital authorities who also claimed he was not "measured".
A hospital official said all those brought in for rape of sodomy cases were given due respect and examined in a professional manner in keeping with the code of medical conduct.
"At all times, due respect is given to ensure that the patient's decency is not violated," the official told the New Straits Times.
Now, enters the third version. This is from Anwar's lawyer and the MP for Subang, R Sivarasa, and I quote Malaysiakini:
"That statement is false," said R Sivarasa in a press conference today, referring to a New Straits Times report which quoted hospital authorities as denying that Anwar was stripped naked and measured.
And again, Sivarasa was quoted as saying in another Malaysiakini story:
"I’m not sure if it’s entirely within journalistic ethics. You quote an unnamed source, hospital authorities say that this did not happen, and we’re saying that’s a false statement.
"He was stripped naked, he was measured, for the record," he said.
A reprise of the 1998 debacle?
Importantly, Sivarasa also said that the police were not addressing a prime issue pertaining to Anwar's concerns about the possibility of his DNA sample being fabricated and manipulated. The lawyer quoted the 1998 episode:
"In 1998-1999 trials, Anwar experienced the phenomenon of fabrication of DNA evidence. We had SAC Rodwan illegally removing DNA samples from forensic custody. In cross-examination of the prosecution's witnesses it was exposed that DNA taken from blood samples was planted on the infamous mattress," said Sivarasa.
"When confronted with this fact the prosecution amended its charge and persuaded the judge, Augustine Paul, to expunge the entire DNA evidence from the record, preventing Anwar's lawyers from responding."
Which is the real truth, you may ask? Rashomon again.
If you had watched the 1950 Kurosawa film several times, like me, you would have been impressed with the ending scene. The last shot closes on the woodcutter (who wasn't really a saint as he had stolen the dagger that killed the samurai) walking home with the baby. Pan up, and the rain has stopped and the clouds have opened revealing the sun in contrast to the beginning where it was downcast.
And you turned off the DVD, fulfilled that deceptions and lies shake even a priest's faith in humanity. But there's, after all, hope to start things anew for everyone once down-trodden.
The plot thickens. But it's good to read Sivarasa's statement in full to get a firm context. It's not that difficult to single out the lies and liars, this time.
From Malaysiakini
Good reasons to fear planting of DNA evidence
R Sivarasa | Jul 18, 08 5:15pm
The following is the full statement given at a press conference called by embattled opposition leader’s lawyer R Sivarasa.
Statements being made by senior government officials raise concerns as to the credible dispensation of the law, and suggest that a political conspiracy is very much at play in smearing the credibility and reputation of our client. They are making statements imputing that Anwar Ibrahim is not cooperating with the police.We are referring, as an example, to the comments made by Home Minister Syed Hamid Albar reported on the front page of the New Straits Times, page three of the Star and covered in other printed and electronic media. Syed Hamid should know better than to attempt to exert his influence on this matter.
judiciary forum lingam tape 171107 sivarasaAs a cabinet member, Syed Hamid’s comments are tantamount to interfering in an ongoing investigation. He is quoted as saying, “What is he afraid of? He can have his own doctor present when giving the sample.”
Besides being an inappropriate interference in the investigation, these comments show a fundamental misunderstanding of the concerns we are raising regarding the introduction of DNA evidence.
In 1998-1999 trials, Anwar experienced the phenomenon of fabrication of DNA evidence. We had SAC Rodwan illegally removing DNA samples from forensic custody. In cross-examination of the prosecution’s witnesses it was exposed that DNA taken from blood samples was planted on the infamous mattress.
When confronted with this fact the prosecution amended its charge and persuaded the judge, Augustine Paul (now Federal Court judge), to expunge the entire DNA evidence from the record, preventing Anwar Ibrahim’s lawyers from responding.
anwar ibrahim musa hassan gani patailThe persons who were implicated in the fabrication of evidence during Anwar’s 1998-1999 trials, namely (attorney-general) Gani Patail, (police chief) Musa Hassan, and Rodwan (Mohd Yusof) are the same players who are involved in the current case. Today they are in much more powerful positions within the law enforcement apparatus.
Anwar has even more reason to believe of the probability that DNA evidence will be fabricated once again. This is reasonable because the complainant remains in police custody since June 28, 2008 and the police are also in possession of Anwar’s DNA from the earlier case. Our client’s concerns are therefore not resolved, as Syed Hamid believes, by his handing over a DNA sample through his own doctor or through an international forensic expert.
It would have to be independently verified first that all medical examinations and sample taking relating to the complainant were done professionally and without any interference from the police before Anwar will consider participating in any DNA analysis.
We also reiterate that there has yet to be any credible justification for resorting to DNA analyses when the police report made by the complainant remains shrouded in secrecy and no evidence substantiating the allegations are made available.
It is also false to imply that Anwar was not cooperating with the police. He agreed to meet with police at a prearranged date and time. He then gave a lengthy, five-hour statement, consented and voluntarily submitted to a strip search and measurements of his private parts, contrary to the unnamed sources cited in the New Straits Times today on page six.
We would also reiterate that he made that lengthy statement even though he could have exercised his rights within the law to have remained completely silent as the contents of the complainant’s police report were not made known to him.
Sivarasa Rasiah
Counsel to Anwar Ibrahim
Comments
the police and the govt do not seem to know to go about this professionally. There has been many screw ups and arresting him before 2pm was the worse thing they could have done.
Now ministers making all kind of statements. will the minister talk facts. well as we saw SC during the debate, our ministers can talk with facts and when given facts, they go off tangent and talk cock or old story.
IMHO public doesn't believe or trust the gomen on this issue if Anwar. and the gomen is stupid cos the more they screw up, the more public say this is a set up. So trully HP6 people and that is the problem you let incompetent people rise to the top cos of favours and/or money politics and/or cos they are nice guys.
Msian govt thinks we the rakyat are stupid, blind,deaf and dumb and can't think. Arrogance of 20+ years still there after8th March
Posted by: rocky
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July 18, 2008 06:22 PM
No other leaders anywhere in the modern world faced so much humiliation as much as Anwar going thru now.
Once Bala of Sangkancil asked "where is god" during the first episode of Sodomee and I guess god is still nowhere to help.
But why god? What about our justice system and our King? Justice becoming a rare commodity for people not in the circle, I guess.
Posted by: LittleBird
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July 18, 2008 06:59 PM
It is a sad case.
It is not a case of Anwar being strip naked.
It is of the whole Malaysia being strip naked by the bozos whom most of us never elected into power.
They indeed have means to attract ghouls to arise from deep slumber to vote for them on 8th March.
Posted by: aku anak malaysia
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July 18, 2008 07:16 PM
But on 16 July, Sivarasa is reported by Malaysiakini:
"According to Anwar's lawyer R Sivarasa who had accompanied the opposition leader to the hospital, a basic medical check-up was performed.
He had refused to undergo a full physical examination or provide a DNA sample."
Basic checkup include measubring private part?
Who is lying?
From Malaysiakini
http://www.malaysiakini.com/news/86246
PKR supremo detained overnight
Jul 16, 08 7:11pm
Lawyer: No DNA sample given
About two hours later, Anwar emerged from the hospital accompanied by dozens of police officers.
He smiled and waved to about 50 supporters who were waiting outside the building.
The crowd shouted 'reformasi' as he was escorted into a car where he was taken in a police convoy back to the police headquarters.
He arrived at the police headquarters at 10.30pm.
According to Anwar's lawyer R Sivarasa who had accompanied the opposition leader to the hospital, a basic medical check-up was performed.
He had refused to undergo a full physical examination or provide a DNA sample.
"No DNA sample was given. We did what we considered was reasonable."
However, at about 11pm, the same convoy left the police headquarters to an undisclosed location. It is not known whether Anwar was in one of the cars.
Posted by: gunnena
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July 18, 2008 08:18 PM
Pardon me if I'm wrong, but if they took a sample 10 years ago, that sample would have been tested to give the DNA Profile. This profile is a RECORD which can be kept on file. Can't they match this recorded profile against any suspicious materials collected from the accuser? That would remove any need to take new samples because the old ones had degraded. Unless of course, the records have mysteriously disappeared......
If it's absolutely necessary to get a new profile because the old record has been lost, then use a saliva sample. There shouldn't be enough spare to spread it about as 'incriminating evidence'. Simple. No need for blood etc.
Posted by: LLtwigs
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July 18, 2008 10:24 PM
if you have not seen this, then please do watch all 6 parts
http://uk.youtube.com/watch?v=zqlAzlNY-lA&feature=related
Posted by: rocky
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July 19, 2008 02:57 AM
Dear YB Jeff,
This ridiculous DAILY Political “Cat & Mouse” saga will be the “Mother” of BN, UMNO & UMNOputra’s FOLLY !
With the Powers-that-be still in “Denial” & maintaining their “Auto-Pilot Self-Destruct” mode path, there is nothing much more that our new MPs, State Leaders, Aduns, Intellectuals, etc can do to change their “Paradigm”.
Their motto has been, is still & will always be “Heads I win, Tails you Lose!”
Maybe we should just give them more rope to hang themselves at every turn towards their Auto-Pilot “Self-Destruct” mode path !
To all my fellow God fearing, Law abiding, Tax paying, Peace Loving Malaysians, please stay COOL & Do Not fall into their TRAP !
Just reposition yourself & family, fasten your seatbelts Tight, be UNITED to ride this Political Tsunami & the fast approaching Financial Tsunami !
Have Faith as God will continue to “Bless & Protect” the Malaysian rayaat & their “True Defenders of Justice & Freedom for Malaysia & all Malaysians”.
WE shall overcome soon.... Insha Allah !
Posted by: flyer168
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July 19, 2008 04:53 AM
I don't understand why the Government is giving a conflicting statment with regard to the incident of Anwar when he was sent for medical check-up.Anwar stated that he was stripped naked and his 'thing' measured but the authorities said otherwise.Who to believe man!No wonder Anwar would not want to give DNA to them as he had already gone thru' hell in the 98's incident.
Posted by: nch
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July 19, 2008 05:31 AM
Taj: 'Actually, if the PDRM had waited until 2.01 pm, they would have come out of it smelling roses if Anwar had resisted, wouldn't you say?'
Neil: 'The explanation was that the last time they tried, they were thwarted by two technicalities - one, the refusal of entry, and two, the refusal to accept the warrant placed at the gate.'
Taj: 'Which comes to the question whether it should be a warrant of arrest in the first place, given he had said yes he would be present, despite the purported disturbance of his family when asked to do so in the first place, and given he was just out from a long meeting with the ACA, and also given that the deadline was not yet reached when the ambush was made.
Neil, if they want to break down the door to serve the warrant, then they could have had another warrant ready to enter. Why was that not done? And why the SWAT team and 15 vehicles, on top of the ambush before the deadline was up?
The rakyat don't like this, Neil. They look at it as push becomes shove becomes pulverize. What next, bury, or perhaps, detonate?'
Neil: 'One must also see things from the other point of view. If the Umno govt doesn't do anything, their members will accuse them of double-standards too. Furthermore, the PDRM are also people except that they have to uphold the law and be seen to do so in such a way that mortal conflict is avoided and public order served.'
Taj: 'True, but this case is different. Try and see it from Anwar's point of view too. It is a fact he was bashed by a head of the PDRM. He has also filed charges against a second head of the PDRM. His people contended that the last DNA evidence was planted. And on top of that, he was charged in what had appeared to be a kangaroo court on charges from an AG's office whose impartiality he has also now questioned. So, Neil, from his point of view, all cards are stacked against him. As to the complainant himself and this charge of sodomy, it reeks of what had happened before. Anyway, it would seem fair that what has been argued out here seems completely plausible:
http://tinyurl.com/6zkqeu
Wouldn't anyone in his right mind not harbour deep suspicion and concern that he would not be given a fair treatment when the organized group doing it remains the same organization which has put him to so much distress before? You must also acknowledge that if there had not been a fallout with M2, Anwar could well be the PM of this country today, and therefore, the boss of the very Home Ministry, PDRM and AG's Office which now seem to be making things difficult for him. It shows that principles have been sacrificed in the interest of political interest, doesn't it?'
Neil: 'But they have said they followed procedures and he has nothing to fear.'
Taj: '(eyes roll up and down) Neil, do you yourself trust any word from those Umno rambutans today? Any? Come on, man, why is that botak sheikh trying to ramp through a DNA bill now when it could have been done earlier with so many past cases, as crankshaft has so perspicaciously observed?:
http://tinyurl.com/5jku8x
And how the hell did that SIL get his hands on the private records of another person? Is he erh the invisible hand of the AG's office, the PDRM, even the JPM, perhaps? The last i checked he was the DH of Umno Youth. Hell, he was probably still sucking his thumbs in a crib in cairo when Anwar was clobbered in BAman.
Can't you see it wide-angle, Neil? It's turning out to be an attempt at political assassination of the spearhead of the Opposition movement in this country, an opposition which in case you have forgotten has a majority in Peninsular Malaysia, a majority in case you have also forgotten, came from the will of the rakyat, despite the machinations of Umno in Sabah and Sarawak.
Come to think of it, Neil, look at Najib's announcement yesterday that they will soon strongly go after the illegal foreigners in those states. Hello asshole, what about the illegal citizens in those states, the ones in particular under the special Project IC scheme hatched out by his party? Go ahead, make my day, answer me.
Neil, they must think the rakyat are stupid, fools, blind, asleep. Let me tell you in plain language, if tomorrow they call a snap, the day after the turkish yacht will be put on ebay and pekan fried chicken will be toast. The rakyat are completely fed-up with all these chicaneries, shenanigans and skulldruggeries. They are even angrier when it is patently clear that the tactic is to bait, ambush, present self-righteousness, and then say any attempt not to do as told would be seen as being totally wrong. What about doing what's totally right?'
Neil: 'Maybe it's time for both sides to stand down and remember the rakyat are waiting to be served.'
Taj: 'Things are moving more peacefully in those states run by Pakatan whereas what you're seeing is nothing but infighting and smearing in those places run by the other coalition. This is remarkable considering the people in Pakatan don't really have that much experience, knowledge, and most importantly, resources to do so.'
Neil:'Let me add that some of the rakyat have said that BN had already been given 50 years and their legacy is only more problems and no future so why not a really deep change, a cutoff point, a complete break?'
Taj: 'It won't be a complete break, Neil, for many of the people who will still be needed to help out would be those currently in BN. We must all learn to see the big picture, people are people, it's the system which needs an overhaul. For instance, what if that SIL is married to Anwar's someone? Wouldn't he be hurry-burrying defending his relative rather than try to portray himself currently as the counter-competitor agent of the realm? It's all about relativity, but within the swirls and changes, one thing must be defended - PRINCIPLES. Neil, without principles, judges will decide what they want, and the enforcement people will do against their better conscience. Everybody will suffer.'
Neil: 'So where does that leave us?'
Taj: 'The most important statement i have read so far in the mainstream media was that made by Tan Sri Hassan, Petronas CEO. He asked what has been done all these years by the government with the money that Petronas has put into the national coffer from earnings out of a commodity that's like tin, limited and non-replenishable. He asked what's happening in the manufacturing sector if we are to avoid being over fifty percent dependent on a single ending resource, oil, in order to survive in the future. To me, coming from the man who has all the facts on our oil status, that is the most important and candid admission that this country is in deep, deep trouble and soon we will have to face reality that requires wide changes in everything.'
Neil: 'And no one in Umno has any idea what to do about it. Look at the way they are handling this transition - as if Najib has the answer to the problems but Badawi doesn't.'
Taj: 'Yes, stupid, isn't it? As you have always said, form over substance. Would a deputy not have shared the solution with his boss if he has it? If yes, where is it? But more importantly, if no, isn't that letting the rakyat suffer? Neither of them has the solution to the ails of this country, Neil. And i want to add, at least one of them is still tainted so long as this question remains unanwered:
"who in this country has the authority to command a pair of zero-disobedience bodyguards to terminate with extreme prejudice a foreigner using special explosives that you can't easily procure on short notice?"
Neil, right now, the shame index sits parri-passu with the misery index.'
Neil: 'This country has no shame, because it's so easy to grasp straws and the herd is so easy to be swayed.'
Taj: 'Have hope and faith, Neil, and you can include the RPK factor.'
Neil: 'Whether Umno is right or wrong, they must be seen to do all the right things all the time without absolute abeyance to the right principles. I didn't say 'do the right thing' so long ago for nothing, you know.'
Taj: 'Neil, they're ruthless, so don't put too much hope on human nature.'
Posted by: Neil
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July 19, 2008 01:31 PM
Taj: 'you mean WITH and not without..absolute abeyance, don't you, Neil?'
Neil: 'forgive me, Taj, i am old, troubled, tired and fed-up. May the Unseen One give me last repose.'
Taj: 'Live a bit longer, Neil, but not too longer.'
Posted by: Neil
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July 19, 2008 01:45 PM
Neil: 'you mean not too long, don't you, Taj?'
Taj: 'forgive me, my turn at bad. We forgive each other for our mistakes. Why not others?'
Neil: 'Maybe they did wrong and so not received His homage?'
Taj: 'When you're ready to go, let me know, Neil.'
Posted by: Neil
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July 19, 2008 02:02 PM
In reference to Dr.Chua Soi Lek's article on his blog yesterday titled ANWAR'S DNA, with all due respects to him as a qualified doctor he, of all people should know better.
A DNA(Deoxyribonucleic acid) profile doesn't change with time.
The main role of DNA molecules is the long-term storage of information. READ Long Term.
So, his suggestion of extracting new DNA samples is simply beyond logic.
If new DNA samples must be extracted in order to prove one's innocence, there can only be 2 reasons for that.
1. There might be a contamination in the DNA taken 10 years ago because of human error
2. The technology at that time was simply not up to par
The traditional method of 'running on gel' can somewhat be prone to human error and hence, contamination.
In case he didn't know as the former Minister of Health, the Malaysian FORENSIC department only pruchased its first 'FBI-approved' DNA sequencing machine
with an accuracy of 99.7% in 2001. Back in 1998, only Singapore and Hong Kong in Asia (ex-Japan) had that sequencer.
Before 2001, one can only assume that either traditional methods or some other lesser accurate machines were used.
Unless of course, the samples were sent overseas.
So in other words, unless the goverment claims that the previous/existing DNA was less than perfect which can only be based on the facts presented above, it is diffult to justify for new DNA samples. But then again, if the previous/existing DNA samples were not-so-accurate, Anwar will have a case on his hands. Surely, to our police force, the previous DNA sample must have been accurate to be used in court right?
Therefore to Dr Chua, considering all these factors, perhaps it is time for a refreshers course at medical school. No?
Note - At the time of posting this comment, our prime minister justified the extraction of new DNA samples on reasons being the existing DNA samples were OLD, in other words it EXPIRED. What a joke!
Posted by: Hidden Objects
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July 19, 2008 02:51 PM
Anwar not made to strip naked, says HKL director
This is interesting!!!
Who is lies?
Cut tongue?
http://thestar.com.my/news/story.asp?file=/2008/7/19/nation/20080719151737&sec=nation
Saturday July 19, 2008 MYT 3:20:00 PM
Anwar not made to strip naked, says HKL director
KUALA LUMPUR: Hospital Kuala Lumpur director Datuk Dr Zaininah Mohd Zain said that PKR adviser Datuk Seri Anwar Ibrahim was not made to strip naked.
In a statement here Saturday, she said that prior to the examination, two specialists explained in detail the examination procedures to Anwar in the presence of his lawyer.
"Only after having obtained his written consent did they proceed with the examination.
"He was then examined by the two specialists who adhered to proper clinical procedures during the whole course of the examination. At no time throughout the examination was his decency violated," she said.
Police took Anwar, 61, to HKL on Wednesday night after he was detained earlier in the day for medical tests following a sodomy allegation.
After he was released the next day, Anwar said he was stripped naked and had his private parts examined and measured at the hospital. He also refused to give his blood sample for DNA test and have photographs taken. - Bernama
Posted by: gunnena
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July 19, 2008 04:11 PM
well, the hospital director-general came out on the news to disprove anwar's claim. can mr anwar clarify the issues? Hate to say this, but contradictory stories like this, despite not knowing who is right or wrong is certainly bad for his tainted credibility.
Posted by: tomatoinc
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July 20, 2008 06:49 AM