This case can be so freaking simple but yet i don't know why people have to make it so damn complicated to the extend that Saiful need to be asked the disgusting details of how the homosexual activity takes place. I really don't like Anwar but that doesn't mean my view on this case will be bias because you'll see it that it won't be bias.
I'm doing law but i'm not an expert at it so i will just look at this matter from a common sense point of view with perhaps a little bit of law elements.
Saiful alleged that he was sodomised. How do you proof you were sodomised? Video of the sex would be good. But of course we know that won't happen so hence, MEDICAL REPORT, which will clearly states that Saiful's ass was penetrated and Anwar's sperm was found in it.
You adduced the medical report so now all Anwar's defence have to do to save his ass from this sodomy allegation is to show that the medical report is forged or perhaps not accurate. But what is the defence trying to do now? Postpone the trial! If really they have nothing to hide, why don't they just cross examined Saiful and try to DISCREDIT him as a witness?
Saiful is another idiot. Regardless of whatever his motive is, he's young and strong and could just refused Anwar. But from the way he described how the sex happened, it seems like he wants it too since he didn't do any POSITIVE ACT to refuse the sex except telling Anwar "NO" when Anwar asked to have sex with him. After saying NO, he just follow Anwar's instructions which eventually led to the so called sex. Not only that, he didn't go to the hospital IMMEDIATELY to have medical examination after the alleged sodomy. This made me think whether the Prosecution have any concrete proof to show that the medical report did in fact clearly state SAiful was penetrated in the ass and Anwar's sperm was found in it. If condom was used, then one can't find Anwar's sperm. If medical report just shows Saiful's anus was penetrated, that's insufficient evidence coz he could penetrate himself with anything to make it look as if he was sodomised. And if the medical examination was only done 1 or 2 days after the alleged sodomy, will the dried up sperm remained there?
What i believed in Saiful's testimony is that he didn't pass motion up to day he did the medical examination, therefore Anwar's sperm/skin or whatever that can be left inside someone's butt hole after sodomy which can be use as a DNA can remained there UNDISTURBED.
So where is the goddamn medical report?? Why don't Prosecution just show it? What kind of court room drama are they trying to do here? Trying to embarrass Anwar by prolonging the trial (Anwar's at fault too since he didn't choose to cross examine Saiful immediately once the examination in chief was conducted by prosecution)?
Do the Prosecution really have a strong case against Anwar? I'll say yes if they can show that freaking medical report. Or are they just gonna rely on statement of witnesses? Camera video showing on that day itself Saiful and Anwar was at the condo (then again it could just be business work). They can be in the same room but yet you can't proof they had homosexual sex except by medical report or video capturing the act).
Some say that it's ridiculous that Anwar is being charged for the 2ND TIME for sodomy, whereby Anwar's supporters claim it's the government's attempt to overthrow Anwar once and for all. Personally, i don't think it's ridiculous. Example : i may be charge for theft and it seems like i did do it but at that time, there wasn't enough evidence to show that i really do it. Then few years later, i'm being charged again for theft and this time perhaps the evidence is better and can be used against me. how many criminal cases actually show that the offender got away the first time but was eventually caught for the same criminal act? So my friends, it's NOT IMPOSSIBLE.
This court room drama can be over but instead the parties choose to prolong it instead of getting straight to the point. Both the acts of prosecution and defence are questionable. Again, a clear cut example for you out there to think :
if i was a rape victim, i'll go get myself a medical report showing i was penetrated and get the person's DNA as a proof that he was the culprit. Then i'll go to the prosecution to get my case started (i think this is the way anyway to get a case going for a prosecution to bring a criminal charge). Give them my medical report. The offender will be notified of the charges alleged against him. Of course he'll demand what proof do i have in court. prosecution will show the medical report. He can't deny it unless he claims :
1. Medical report was made fraudulently (whereby the offender have to proof it).
2. The sex was with consent (so it can't be a rape), again, he must proof consent.
The courtroom drama, the delays, are just getting on my nerves. Delay and prolonging is only justified when there's conflicting evidence and each party have to proof who's evidence is more credible than the other. Attacking your opponent's case based on technicality is the last thing you will do when you really can't proof your innocence (because from the very beginning, you were PERHAPS never innocent!).
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