Read And Weep

image source: imarawoman

Read and weep again, this is the conclusion of the dissenting (disagree) Federal Court Judge Datin Paduka Rahmah Hussain in the Federal Court Judgement published in this blog yesterday.

"Overall there is no reason for me to disagree with the conclusion of the trial Judge when he said this : [at pp.316 – 317 (2001) 3 MLJ] "

“This brings me to the question whether the defence has raised a reasonable doubt on the prosecution case. I have carefully considered the evidence adduced by the prosecution and the defence as a whole. My conclusions are as follows :

1) it is my finding as a fact that the alibi of both the accused does not cover the whole of the period between January to March 1993 as stated in the charge. The alibi covered the period only from 4 February to 31 March 1993 and is therefore incomplete. The defence of alibi therefore fails;

2) the defence that both the accused never went to Tivoli Villa at 7.45 pm between January to March 1993 also failed based on the evidence of Azizan which I accepted as truthful and reliable;

3) the defence of conspiracy to fabricate evidence has not been substantiated by admissible and cogent evidence adduced by the defence. This defence also failed;

4) the voluntariness of Sukma’s confession (P4) is affirmed;

5) the truth of P4 has been established as far as it relates to both the accused;

6) there was corroboration on the evidence of Azizan;

7) the credibility of Azizan is affirmed;

8) Sukma has not cast any doubt on the prosecution case of abetment against him. There is ample evidence adduced that he abetted Dato’ Seri Anwar in committing sodomy against Azizan;

9) It is my finding that the defence evidence on behalf of both the accused as a whole has not succeeded in creating any reasonable doubt on the case for the prosecution;

10) It is also my finding that the prosecution has proved its case beyond a reasonable doubt on the charges against both the accused.

I accordingly found both Dato’ Seri Anwar and Sukma guilty on the charges against them. I accordingly convicted Dato’ Seri Anwar on the charge against him. I also accordingly convicted Sukma on the two charges against him.”

In the circumstances, and for the reasons hereinabove stated by me, I would therefore dismiss the appeals by both the Appellants, against their convictions on the charges preferred against them respectively.