Mar 30 2017, 08:01 AM
QUOTE(Abam_Beruang @ Mar 29 2017, 11:50 PM)
Hmm... DSAI was charged twice for sodomy. If my old memory serves me right *cough*, both charges were under the same section. But it was two separate incidents. Hence there is no double jeopardy issue here. For your information, DSAI was acquitted for the first sodomy case in the Federal Court though. But in the second sodomy case, DSAI was convicted in Federal Court and sentenced to 5 years imprisonment.
For the second sodomy case where DSAI was convicted, the court considered a few issues. Despite the fact that the prosecution witnesses gave evidence that there were no conclusive clinical findings suggestive of penetration to the rectum and no significant defensive wound on the body of the victim, but traces of DNA found (sperm head) inside the victim's anus which matches with the DNA of DSAI.
The prosecution witness further explained that penetration could take place without any injury to the rectum. It could be due to lapse of time prior seeing the docs, or no undue force having been used, or KY Jelly yo.
Macam itu lor
For the second sodomy case where DSAI was convicted, the court considered a few issues. Despite the fact that the prosecution witnesses gave evidence that there were no conclusive clinical findings suggestive of penetration to the rectum and no significant defensive wound on the body of the victim, but traces of DNA found (sperm head) inside the victim's anus which matches with the DNA of DSAI.
The prosecution witness further explained that penetration could take place without any injury to the rectum. It could be due to lapse of time prior seeing the docs, or no undue force having been used, or KY Jelly yo.
Macam itu lor
QUOTE(lowya @ Mar 28 2017, 06:29 PM)
speaking of double jeopardy...
Question: how legally Anwar get charged twice after acquitted from the first one, for the SAME case, after the first court session found him not guilty but guilty the second charge?
how did they prove the sodomy (penetration) took place in Anwar case?
DSAI was allegedly conducting "unnatural sex" with Munawar Anees (speechwriter) and Sukma Darmawan Sasmita Atmadja (adopted brother) in 1998.Question: how legally Anwar get charged twice after acquitted from the first one, for the SAME case, after the first court session found him not guilty but guilty the second charge?
how did they prove the sodomy (penetration) took place in Anwar case?
Both "victims" plead guilty at the first place, then both recanted their confessions later, both claiming that they have been coerced for a confession
DSAI sentenced to 9 year of imprisonment on August 2000 (To be serve consecutively with a 6 years imprisonment due to corruption)
In September 2004, the Federal Court overturned his sodomy conviction.
4 year later, in June 2008, DSAI's aide, Mohammad Saiful, lodged a police report claiming that he had been "forcibly sodomised" by DSAI. (Later change into "homosexual conduct by persuasion"). The first arrest occurs roughly in mid July 2008, where PDRM employ 10 vehicle and two dozen of personnel. DSAI is released later, with bail.
Saiful then swore on the Quran (that he had been fucked by DSAI) in some mosque with the presence of four imams.
Trial began in August 20010, and High court found DSAI not guilty. The prosecution then filed an appeal against DSAI's acquittal. On 7 March 2014, just before Kajang by election, the Court of Appeal overturned the acquittal of DSAI, upholding a government appeal. Later, the court convicted and sentenced DSAI to five years' imprisonment.
On 10 February 2015, the Federal Court re-affirmed the conviction and five-year sentence of DSAI.
DSAI currently incarcerated at Sungai Buloh Prison.
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