Tuesday, September 20, 2011


By Mansor Puteh

Sodomists beware: If you are charged in court in Malaysia, chances of you winning your case are bleak.

If you have the financial means, you can only delay the case from being heard, and when it finally happens drag the case for as long as you can.

All the cases involving this offense had all gone against the accused.

And the truth is that sodomy cases are such simple ones for the court to decide on. There are too many clues that can be used to prove that sodomy had indeed happened.

Once if there is a victim, then surely, finding and convicting the sodomist may not be very difficult to do.

Throughout the case, the person who has been charged for sodomy may be able to hold his head high. He has the support from his defense team, who stands to benefit the most, financially.

But when the verdict is known, the wide smile that the accused, now convicted sodomist, may have tried to keep, will immediately cease.

He will be reduced in stature. And he will start to cry, metaphorically speaking, to seek a lesser sentence.

The only excuse that he can use to get a not guilty verdict is to prove that he had been impotent for years.

Or, he could provide in court some medical reports which say that he was not capable of producing sperm.

But then again, it may be embarrassing for him and his family, but this is perhaps the only excuse or alibi that he has which is very effective.

In fact, even before the case is heard in court, his stature has already become shaky. His face shows it. And his body will start to shrink with the shrinking of his personal stature.

If he is not a known personality, he would hide his face in his own shirt or piece of cloth or newspaper.

Unfortunately, if he is a known person, he could not do this so he can walk to the court house or go anywhere with his face not hidden, as it does not make any sense at all for him to do that since his identity has been established and there are many photos of him available by the media.

This is probably the main reason why such persons can look confident. He has to look confident to give an air of innocence.

Not doing that can show to everybody how guilty he is.

Even when his mouth can still utter words of defiance, his body and mostly his face will show how guilty he is, that he have been trying to hide in his tough demeanor.

His wife and daughter would also stand defiant, but this won’t be for too long.

When the verdict is given, they, too, will crumple like an old piece of rag.

In court, the accused can distract; they can belittle anyone, including the judge and court. 

There was a murderer who was convicted for murdering someone, yet, the body of the dead person was never found.

Here, if there is a case in court concerning sodomy, then surely, DNA or the lack of it in another person's anus may not be proof of sodomy not having taken place of.

So if there is anyone out there who has been charged in court for sodomy, his approach to find a way out of his mess, is definitely not going to be served if he chooses to disprove the presence of DNA of his sperm in the anus of the alleged victim. It is such a minor issue. In fact, it is a non-issue.

In Malaysia, no one has been discharged by the court on sodomy charges.

All of them had been found guilty and they are serving prison time.

Unfortunately, all of them are not high profile cases, so the victims as well as the offender or sodomists are not known and the cases not widely covered by the media.

But the truth is, anyone who was charged for sodomy in Malaysia had all been found guilty by the court.

So the chances of anyone to win his case on a similar charge may be very slim.

Ultimately, in all sodomy cases, the plot will decide if the act of sodomy had indeed taken place.

Distracting the court and judge with the issues surrounding DNA and sperm may not work for the defendant.

Finding alibis to prove that he is not at the place where the alleged offense had taken is also not fool-proof.

If the plot is thick, then there will be ample proof that sodomy had indeed had happened.

After all, the victim would surely know if he had been sodomized or not, once or many times.

I am sure it is not easy for a person who had been sodomized not to know it.

The sodomist surely wants to try and prove to the court that he had not committed the offense.

But how could the judge and court believe in him? Especially in the course of the trial, his defense lawyers had chosen to take the wrong path, and he has also chosen to belittle the judge and court?

How could anyone not want to suspect even from earlier on that the accused may be found guilty as charged?

The public is being misled by the trial which is not going anywhere to disprove the charge.

If in the past some people had tried to go to the court of public opinion on some controversial matters, then why can’t they also do the same on this issue concerning Sodomy II?

The majority of the members of the public in Malaysia have made their decision on the matter. The High Court, however, still needs time to do so; and they can do it soon, unless if the defendant tries to find ways to delay it from happening.

The legal adage: Justice delayed is justice denied is apt in the case of Sodomy II. 

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