YB Karpal Singh tried to justify why he should not be called as a witness in YB Datuk Seri Anwar Ibrahim’s sodomy II trial. These are the excerpts of the press report in FMT, HERE.
“Karpal admitted that he, as an opposition MP, did urge that Anwar (who was an Umno leader then) be investigated for sodomy after the complainant, Azizan Abu Bakar, had met him.” …
“Anwar was freed by the Federal Court of the charge against him involving Azizan Abu Bakar on Sept 2, 2004, and his conviction and sentence of six years imprisonment and two strokes of the rotan were set aside.”
“Zahrain’s ignorance is clearly exposed,” said Karpal “I would advise Zahrain in future to be sure of his facts before making public statements. He should think before speaking.”
It seemed from the said press report that YB Karpal Singh was relying heavily on the fact that he made the public statement that he has the evidence of YB Datuk Seri Anwar Ibrahim involved in sodomy at the DAP Ceramah in the Federal Hotel in 1998 because he was the opposition MP. It gives a bad impression that opposition MP was entitled to make false allegations in public. This cannot be the case. MP must standby what he has uttered within or outside Parliament.
I do not believe that at the material time YB Karpal Singh, who was a MP also a practicing lawyer, made the allegations without verifying what have been presented to him by En Azizan bin Abu Bakar that he was sodmised by the then Deputy Prime Minister. YB Karpal Singh must have been fully appraised of the facts before him and very satisfied that what En Azizan bin Abu Bakar told him were true for him to make the affirmative public statement in hte DAP Ceramah in Federal that “I have the evidence in my hand that the Deputy Prime Minister was involved in sodomy.”, HERE and called upon the then Attorney General, the late Tan Sri Mokhtar Abdullah, who was his classmate in Singapore and a good friend, to investigate.
To borrow YB Karpal Singh’s own words, he must have been “sure of his facts before making public statements” and must have given the matter a good thought before making his said statement. At that material time YB Karpal Singh was very convincing when he made the said public statement against the then Deputy Prime Minister. When I heard YB Karpal Singh’s said statement I trusted his judgment based on his status as MP and a lawyer by training and have no reason to doubt the truthfulness of his said statement, so were the audience. Those who attended the said DAP Ceramah were so proud of YB Karpal Singh’s bravery and honesty then.
YB Karpal Singh now said that “Anwar was freed by the Federal Court on the charge against involving Azizan Abu Bakar on Sept 2, 2004, …”. I do not believe that YB Karpal Singh did not read the full Federal Court written judgment dated 02 September 2004, which has been published in the Malayan Law Journal (MLJ), especially the Judgment by His Lordship YA Dato’ Abdul Hamid bin Hj Mohamad, Federal Court Judge as he then was, where His Lordship has said:
To summarise our judgment, even though reading the appeal record, we find evidence to confirm that the appellants were involved in homosexual activities and we are more inclined to believe that the alleged incident at Tivoli Villa did happen, sometime, this court, as a court of law, may only convict the appellants if the prosecution has successfully proved the alleged offences as stated in the charges, beyond reasonable doubt, on admissible evidence and in accordance with established principles of law. We may be convinced in our minds of the guilt or innocence of the appellants but our decision must only be based on the evidence adduced and nothing else. (The emphasis is mine.)
After reading the said Federal Court judgment, any one with modicum intelligence would have came to the conclusion that the said Federal Court’s 2 to 1 majority decision was based solely on technicality. I am equally certain that YB Karpal Singh was fully aware of this. So why relying of the said Decision to justify the flip flop. When I read his another public statement in FMT, my Kepala was puSing!
Based on YB Karpal Singh’s said public statement in the DAP Ceramah in Federal Hotel and the above learned opinions of his Lordship, YB Karpal Singh should stand firm in what he had uttered in
1987 1998 and at least offer himself to be a character witness in the on going trial. He is the best person to shed some light in the trial and at the same time it will also prove that he is not one of those that “SHOOT FROM THE HIP”.
In any event, if he is now convinced that what he had uttered in the DAP Ceramah was untrue, he will have the opportunity to put right the record in court and tell the court a new version which might just help his client in the trial.
If YB Karpal Singh refuses to offer himself as a witness in the course of the next few days then the learned Attorney General should seriously consider to apply for a subpoena to compel him to give the evidence.