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The lead defence counsel in Datuk Seri Anwar Ibrahim’s Sodomy II trial today suggested that multiple DNA profiles found in Mohd Saiful Bukhari Azlan’s anus made him a “passive homosexual.”

During the cross-examination of government scientist Dr Seah Lay Hong, the veteran lawyer asked whether the evidence of DNA profiles found in Saiful’s anus would lead to that conclusion.

“I’m putting it to you that it is a logical conclusion, multiple DNA profiles in his anus makes him a passive homosexual,” said Karpal.

Dr Seah, in turn said that she was not in the position to comment on the matter.

Karpal then asked Dr Seah to comment on the proforma report on Saiful, where it was stated that Saiful had complained of “attempted” sodomy.

“If it was attempted sodomy, how could DNA be found in Saiful’s anus?” asked Karpal.

This bought lead prosecutor Datuk Mohd Yusof Zainal Abiden to object, saying that Dr Seah had nothing to do with the proforma report, and that therefore she need not answer.

In response, Karpal said that all he did was refer Dr Seah to a document (proforma report) which was already an exhibit.

Despite the prosecution's objection, Judge Datuk Mohd Zabidin Mohd Diah allowed Karpal to proceed with the question.

Dr Seah said that it would not be possible for DNA profiles to be found in Saiful's anus if it was attempted sodomy.

"No, it would not be possible," said the forensic scientist.

The trial will continue in the afternoon with the prosecution's reexamination of Dr Seah.

Saiful had complained that Anwar, his ex-boss, had sodomised him at a luxury condominium in upper-class Bukit Damansara here on June 26, 2008.

Saiful, now aged 25, has never named anyone else.

Anwar, the 63-year-old PKR de facto leader, is currently facing sodomy charges for the second time in his life.

He has denied the charge, describing it as “evil, frivolous lies by those in power” when the charge was read out to him.

He is charged under section 377B of the Penal Code and can be sentenced to a maximum of 20 years’ jail and whipping upon conviction. The trial is taking place 18 months after Anwar was charged in court in August 2008.

He was charged with sodomy and corruption in 1998 after he was sacked from the Cabinet and was later convicted and jailed for both offences.

He was freed in September 2004 and later resurrected his political career by winning back his Permatang Pauh parliamentary seat in a by-election in 2008, which had been held in the interim by his wife.

He led the opposition coalition, Pakatan Rakyat, to a historic sweep of five states and 82 parliamentary seats in Election 2008.

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DIRTY POLITIC

Malaysia: “In This Country, An Accusation of Sodomy Is Defamation of Character”

Background

On June 28, 2008, Saiful Bukhari Azian, a 23-year old former assistant of Malaysia’s opposition leader, Anwar Ibrahim, told police that Mr. Anwar had committed sodomy. Mr. Anwar has denied the allegation and is suing the aide for defamation.

Section 377A of the Malaysian Penal Code criminalizes “carnal intercourse against the order of nature” which is defined as “any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person.” In 377B, punishment for the described sexual activity, even if consensual, is maximum 20 years in prison and whipping. Section 377C deals with non-consensual sexual activity described in 377A that may or may not lead to injury or death of the victim. Punishment is a five to 20-year prison term and possibly also whipping. In addition, several states in Malaysia implement syariah laws against the Muslim population¹ with penalties for sodomy (liwat) and lesbianism (musahaqat) amounting to fines of five thousand ringgit (1532 US dollars), three years imprisonment and/or six lashes of the whip.” ²

Framed For Sodomy Before

Mr. Anwar faced a sodomy claim before. In 1998, when he was serving as Deputy Prime Minister, another aide and the family driver each accused him of having sex with them. The aide claimed it was consensual; the driver claimed coercion. In addition, Mr. Anwar was charged with corruption because the government claimed he used his power to cover up the sodomy. Both accusers eventually recanted. However, Mr. Anwar was dismissed from his position, convicted and sentenced to prison—nine years for sodomy and six years for abuse of power. In prison, he sustained injuries from beatings by the police chief. Six years into his sentence, the sodomy charges were overturned, and Mr. Anwar was released in 2004. The corruption conviction remained, resulting in a five-year ban from standing for public office.

Mr. Anwar has argued that the charges he faced in 1998 were part of a political conspiracy by followers of then Prime Minister, Dr. Mahathir Mohamad with whom he had a political falling out, and who wanted Mr. Anwar out of his Cabinet. Prior to their falling out, Mr. Anwar was Dr. Mahathir’s right hand man and groomed to become his successor.

Repeat of 1998?

Since his release from prison, Mr. Anwar has been at the forefront of uniting opposition parties to defy the power of his former party, United Malays National Organization (UMNO), which dominated the government for 50 years. He and his wife, Dr. Wan Azizah Wan Ismail³, an opposition leader in parliament, view the new sodomy charge as yet another frame-up attempt by followers of anti-Anwar people, bent on derailing his political ambition. To prove their point, Dr. Azizah showed the international press a cell phone image of the accuser, Saiful Bukhari standing next to advisers of the current Deputy Prime Minister who is slated to take over government when the current Prime Minister, Abdullah Badawi steps down.

The timing of the sodomy charge strengthens the conspiracy argument. In March this year, Malaysia’s ruling party, Barisan Nasional (National Front) lost its unchallenged two-third majority to the opposition for the first time in 40 years. The National Front is a coalition of three parties, with UMNO in the majority. Some members of the National Front have defected to the Anwar-led People’s Justice Party and more defections are expected. Another development tied to the timing of the sodomy charge is that with the ban from public office lifted in April 2008, Mr. Anwar has announced his intention to run for parliament this September and eventually for Prime Minister.

The Accuser

According to Sivarasa Rasiah, a lawyer on Anwar’s legal team and vice president of the People’s Justice Party, Saiful Bukhari who brought the sodomy claim is a victim. “We know he is a pawn and is being used, maybe willingly used for various inducements. He’s being motivated, not so much coerced but being induced with money, basically, paid to make the accusation. And in this sort of social environment it’s good dirt to stick on Anwar,” says Mr. Rasiah who was also a key supporter of Mr. Anwar’s legal and political battles in 1998.

Mr. Saiful started as a volunteer with the People’s Justice Party a few weeks before the March election, and was hired as a personal assistant when the election was over. “He gained people’s confidence so when he transitioned from volunteer to full time, it wasn’t a big issue,” Mr. Rasiah explains. Some bloggers have stated that Mr. Saiful is an UMNO sympathizer and close to people connected to the Deputy Prime Minister; others have accused him of being a mole for the National Front. He is currently missing from his home and said, by his family, to be in hiding.

Why Sodomy?

When asked why Mr. Anwar was accused of sodomy and not some other crime, which would also damage his reputation and career, Mr. Rasiah points out, “Sodomy is a different kind of weapon against him because of his Islamic credentials. Mahathir’s followers said this is a great weapon against him. So it’s a repeat of 1998. Anwar’s political opponents see him gaining strength and making a strong comeback towards prime ministership. The Deputy Prime Minister is most concerned about this because he wants to replace Badawi, the Prime Minister. So it’s a bit of a desperate measure.” Mr. Anwar’s political background as a Malay nationalist and Islamist who was part of the movement to Islamize Malaysia, made him particularly vulnerable to sodomy charges which effectively discredited him among his supporters in 1998. As he did then and is doing now, he is suing his accuser for defamation.

“The reason he is suing Saiful for defamation is because in this country, an accusation of sodomy is defamation of character. In 1998, he sued Mahathir for defamation and also malicious falsehood because the accusation was politically motivated. But Mahathir’s lawyers said since he was convicted, there was no defamation. The case went to appeals but it was struck down. This time he is suing Saiful for making an allegation, a false statement. Because it is not true. Neither of them had sex,” Mr. Rasiah explains.

Differences Between 1998 and 2008

Under Prime Minister Mahathir, any threats or acts of dissent were quashed with liberal use of the Internal Security Act to arrest and detain without due process anyone perceived to be promoting insurrection against the state. But as Mr. Rasiah observes, “Now I feel things may change. The government has concerns that if Anwar [who is an ethnic Malay] is charged, it may provoke a backlash from the Malay grassroots, which may see him as a victim of persecution. This time the government will take a political approach. They’ll give him his day in court, but they won’t jail him, won’t deny his freedom. But they’ll taint him.” Mr. Rasiah’s comments are directed at UMNO leadership and top state officials such as the current Attorney General (AG) and the current Inspector General of Police (IGP). It is speculated that the latter two fear imprisonment if Mr. Anwar returns to power. As quoted in a New York Times article, Mr. Anwar is said to have “recently obtained evidence that implicates the AG and IGP of misconduct and fabricating evidence against him in 1998.”⁴

Another difference between 1998 and now is that Malaysians are less likely to believe the charge against Mr. Anwar. One recent poll carried out in Malaysia shows that people are more cynical now.

A third difference in the two settings is that both accusers in the previous case made the statements voluntarily. This time, as Mr. Rasiah acknowledges, “It’s difficult to say whether Saiful is being coerced.”

A fourth difference is that one of the accusers in 1998 said the sex was coerced. This time, it is not clear if the charge mentions coercion. According to Mr. Rasiah, “We don’t know what Saiful actually said. There’s no charge sheet or police report just media reports on what the police have said Saiful told them. Saiful actually went to Najib’s people first and they told him to go to the police. The police told the media it was an act of sodomy but Saiful himself did not speak to the media. He’s never brought up duress.” When asked to confirm a press report that Mr. Anwar has an alibi, Mr. Rasiah responded, “Yes he does but I can’t discuss the details. We’ve looked at Saiful’s allegation and it’s clearly a frame up. A complete fabrication.”

Risk Of Coming Forward

Since homosexuality and sodomy are against the law in Malaysia, it is not clear if Mr. Saiful is also at risk of being prosecuted. Mr. Rasiah says, “He must have been told nothing will happen to him if you say it was done under duress. And he’s been paid money. The previous people in the 1998 case who said they engaged in consensual sex [with Anwar] were charged and jailed because it is against the law, not Azizan, the driver because he said he was coerced.”

In Malaysia as in all countries that criminalize homosexuality and same-sex sexual relationships, being falsely accused of committing “acts against the law of nature” exposes victims to the same level of risk as victims seeking redress from the criminal legal system for rape or any other form of partner violence involving illegal sexual activity. Coming forward about the crime in that situation is difficult enough without also facing possibility of prosecution. On the other hand, if sodomy were not criminalized, a law like 377 could not be used or misused against people. In the case of Mr. Anwar, if there had been no 377, there may not have been any claims of sodomy, and if there were, he may have faced social stigma but not criminal and legal penalties. Given his firsthand experience with the strategic misuse of Section 377, and how it wreaked havoc on his political career and personal life, one wonders if Mr. Anwar has been sensitized to the dangers of such a law on everyone but particularly LGBT people.

“We need laws to protect against rape and coercion,” Mr Rasiah agrees but contends, “The gay rights debate is a separate issue and of course that’s politically a difficult area for our party to go near. Primarily in this country we need a democratic context, the right to leave your religion, the right to be gay, the right to have personal freedom. Otherwise these things can’t be discussed sensibly. What we get is extreme religious views and no one to argue with them. Once the country is democratized like Indonesia, the debates on laws like Section 377 can happen and people can say, why do we have laws like these, we need to remove them.”

He adds, “Culturally, gay behavior is accepted in Malaysia although not if it is flaunted publicly. I have gay friends in the UK who have been spit on. No one spits at a gay person here. There is no anti-gay movement in this country.” When made aware of reports about transgender people in at least one state being viciously beaten up, and police raids of private gay parties in another state as part of operation clean up by the vice squad, Mr. Rasiah responds, “I haven’t heard of these reports. But police harassment, yes and police related violence, yes. But this is about abuse of power. Raids happen to other people too not only gay people. It’s not a systemic abuse of just gay people.”


Conclusion

When LGBT rights come up, many people in Asia frequently respond that it is not part of Asian culture to flaunt sexuality or sexual interactions, thereby conflating the right to “flaunt” with the right to express sexual orientation and gender identity, the right to spectacle with the right to be seen and heard without fear. In reality, the standard for acceptable or unacceptable public display of sexuality applies unevenly even for heterosexuals, depending on their sex, age, class, ethnicity, religion and other factors. The difference for LGBT people is that the standard is not only about exercising public decorum or discretion but the basic right to exist without criminal sanctions, not to mention religious condemnation, medical patholization and/or community pressure to conform.

Recommendations

While one can argue whether or not there is an anti-gay movement in Malaysia, it is insufficient to merely settle for the fact that there is “no anti-gay movement” there. More importantly, there needs to be an environment of acceptance, where the right to be gay, lesbian, transgender or bisexual is affirmed.

Mr. Anwar’s party is called People’s Justice Party. As a lesbian born and raised in Malaysia, it is my hope that gays, lesbians, transgender people and bisexuals will be imagined as part of this vision. Promoting reformation and democratization is about promoting diversity of citizenship, which needs to include promoting the right to sexual and gender variance. The goals and benefits of political, legal reformation and social democratization should apply to all people, not to some people first, then others later, if at all. Equally important is the need for LGBT people to engage with the political process towards democratization and make their presence felt to party leadership and for the leadership to recognize their value.

Much energy and political will, many strategies and hearts have gone into defending Mr. Anwar’s reputation and his right to political dissent without persecution. Removing a law like Section 377 will also require these commitments. It will be a step towards defending the integrity of LGBT people and their right to live with dignity, without being asked to hide (or hate) who they are.

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is he the ONE???

saiful bukhari azlan. Whether what he did by lodging the police report could amount to a heroic act or something foolish – time would tell. He could turn out to be someone who had sacrificed his dignity for the sake of the country and to behold the truth or live to regret his act. Whatever it is, he has subjected himself to public scrutiny and judgment and thus he must pay the price for it throughout his life. But just that this guy must be damn damn determined and daring if what he alleges is true, yelah sanggup ke noks open yourself to scrutiny and reveal yourself to the whole world. Dahlah bile jumpa press macam tak segan segan nak gambar, like saying “yes mak lah diva”. I mean wouldn’t you expect one who makes such allegation to shy away from media or maybe ratu ketinggalan zaman – for all you know the in thing or trend nowadays could perhaps be main belakang. Well. Oh yes, lupa nak cakap, after being alerted by my former boss, I just remembered that I had met him in manila during a seminar. Tak sangka pulak lah kan. At that moment, he did not make any impression on me cause dahlah kurus kering tapi keadikan keadikan amat jelas crystal clear gitu.

Moving on, mak nak cakap pasal tunang dia janna. Someone please explain to me why did she have to write about what is happening to her fiancee in her blog. I mean dahlah tulis pasal tuning dia lepas tu invite pulak people to comment. Entahlah nok. Nak kata ignorant well she is a broadcast journalist or newsreader takkan naïve gitu kot. I mean I don’t understand, why does one expose themself to public. What is the idea in inviting people to comment on a so called controversial issue. So what does she expect – tones and tones of public sympathy and the people crying out loud and wailing over the situation she is in. entahlah she knows better …

Talking about that, bukan apa mak pun nak relate my personal experience without going too much into details. Not too long ago, I was subjected to humiliation in a particular blog where “people” decided to so call reveal secrets about me. So started lah cerita pasal siapa diri mak yang sebenar gitu. Of course it was one horror moment. Mak was traumatized. Honestly. I mean imagine a blog dedicated to exposing your dark secrets and I had nothing to do with the blog. Sampai orang yang tak rapat dengan mak and tak kenal identity sebenar mak pun called up to ask me what was going on. Tanyalah kat princess and mak orang, how gile I became sampai mak terpaksa bawa diri ke Singapore cari ketenangan and kedamaian. Sampai ada waktu mak bangun jam 3 atau 4 pagi buka computer to read what is the latest comment posted about me. Of course, ada yang suggested that I post a comment replying to the allegations – but after serious thought I decided not to. I mean why bother, no matter what you say, the writer has set his mind on defaming me. So whatever I say, explain or clarify wont change his mind. Lagipun, whatever I say might end up in bringing about more remarks. Betul tak. So despite my traumatic moments, I decided to just remain silent. Of course it was not easy but thanks to a friend who had gone through similar experiment and guided me to be strong, I managed to survive.

heheheh.. this not his boy, this is dino morea, india model... anybody know his boy during U day?

Saiful Bukhari ada STD... check ler tanda2 nih..

Listed below are some of those common symptoms that indicate the presence of a STD.

1. Abnormal vaginal discharge associated with foul smell and severe itching around the vaginal area.
2. Irregular bleeding from the vaginal region other than the one that occurs at the time of menstruation. An unusual discharge from the penis also indicates the presence of a genital infection.
3. Intense pain during urination and also during vaginal or anal intercourse.
4. Sore throats in people inclined for oral sex and anal pain in people who have or had anal sex.
5. Appearance of a scaly rash on the palms and on the soles.
6. Dark-colored urine associated with dull-colored stools.
7. Painless red sores in and around the genital area, anus, and oral cavity. One can suspect the presence of an STD on the appearance of blisters and soft, flesh-colored warts around the genital area.
8. Symptoms such as unexplained weight loss, frequent fatigue and unusual infections are characteristic of HIV/AIDS.

Appearance of any of the above symptoms in association with fever and body aches indicates the presence of a STD. Hence, it is important to consult a physician immediately in order to initiate a detailed evaluation and further treatment.

Surat Letak jawatan saiful bukhari??

inilah dia konon nyer email saiful ingin meletak jawatan... hehe.. u know what i think?? it juz worthless... dunno why he want to show to the whole world... the fact is, bile die pg berkempen di permatang pauh, sudah pasti ia bukan menjadi hal personal tapi hanyalah boneka di dlm permainan politik yg kotor ini... keciannnn.......