“Expert opinions are never conclusive in law”, opined prominent lawyer Sankara Nair, commenting on a report that US-based professionals are “99.99 percent” sure that the man in the sex video is opposition leader Anwar Ibrahim.
In reply to a text message from Malaysiakini, Sankara said that the screening of the sex video in the Kuala Lumpur magistrate's court today is a plot to “smear” Anwar's reputation.
Sankara (right) said his personal opinion is derived from having cross-examined many experts in the past.
“I had pre-warned Anwar of the possibility of them screening the video clip in court because it 'may' be allowed in the magistrate's court to confirm the 'facts' of case when one pleads guilty.
“This way they can 'lawfully' screen it publicly and smear Anwar... who knows it will be uploaded on websites... as it is already a 'public document',” said Sankara.
Sankara was contacted to for his opinion on whether Anwar could be charged with making a false police report following the revelation.
The lawyer, who is in Anwar's defence team in the latter's ongoing second sodomy trial, said that “it is precisely the plot” by the PKRde facto leader's political opponents.
This morning, former Malacca chief minister Abdul Rahim Thamby Chik was charged with abetting former Perkasa treasurer-general Shuib Lazim and businessperson Shazryl Eskay Abdullah in “openly” screening pornographic material to a group of journalists on March 21.
The three, who had veiled themselves under the moniker 'Datuk T', said they screened the sex video to divulge the “truth” that the person featured in the video is unfit to be a leader.
The video was also screened in the courtroom for the magistrate to ascertain whether the clip is really pornographic, although the sex scenes were fast-forwarded.
Screening of the video could have been prevented
“The magistrate could have prevented it by not allowing the public screening, but now you know why,” said Sankara.
Rahim's defence lawyer, Muhammad Shafee Abdullah, argued in court earlier that the video's authenticity was proven by experts from the Dartmouth College in Hanover, New Hampshire, US on June 4.
Shafee, in an attempt to reduce his client's penalty, said that based on facial recognition analysis, there was a 99.99 percent match of the male in the video clip to a known photo of Anwar.
The defence counsel requested that the court discharge Rahim on a good behaviour bond and be given a warning.
However, the magistrate fined Eskay RM3,000, or three months' jail in default, while Shuib was fined RM1,500 or two months' jail in default and Rahim was fined RM1,000 or in default a month's jail.
“I also advised him (Anwar) months ago that they will then go for him for making a false report,” Sankara said.
'Deleterious and venomous intent' against Anwar
However, Anwar lodged a police report, denying he is the man in the sex video screened to members of the media.
Sankara questioned how Shafee (left) had come into possession of the report on the sex video which is suppose to be a confidential police document.
“It is not for the prosecutor to submit to the court on the authenticity or the so called expert confirmation of the identity of the actor.
“Clearly this was done with deliberate intent to give the defence lawyer ammunition to make prejudicial and unwarranted negative comments on Anwar,” said Sankara.
It was after the court stood down today that Shafee said the report by experts in Dartmouth College engaged by the police showed that the male in the video clip match to be a 99.99 percent match to a known photo of Anwar.
“The fingerprints of the attorney-general's complicity and bias in today's Shakespearean tragi-comedy is obvious and without doubt visible all over,” said Sankara, referring to the prosecutions against Anwar since his first sodomy charge in 1998, which was later overturned.
“Yet again they have not been able to hide their deleterious and venomous intent against my client while pretentiously and pathetically claiming to be acting independently and neutrally as required by law.”
Sex video: Datuk T trio pleads guilty, fined RM5,500
Defence lawyer: US experts 99.99% sure it's Anwar
Anwar maintains innocence, cries conspiracy
In pleading guilty, Rahim claims moral victory
MP defends Anwar, shows how video could be faked
Noisy demo outside court in support of Datuk T
Rahim: No more guesswork, sex video man is Anwar
Johari Abdul does a 'Poirot' in video refutation
KJ: Datuk T charge proves BN innocent
DPP vs Datuk T: Case fact sheet in full
PHOTO GALLERY
In reply to a text message from Malaysiakini, Sankara said that the screening of the sex video in the Kuala Lumpur magistrate's court today is a plot to “smear” Anwar's reputation.
![sankara nair bukit aman teresea kok isa arrest pc 170908 01](http://media1-cdn.malaysiakini.com/143/1e25d093c05ac14e59aaf0114f6f102d.jpg)
“I had pre-warned Anwar of the possibility of them screening the video clip in court because it 'may' be allowed in the magistrate's court to confirm the 'facts' of case when one pleads guilty.
“This way they can 'lawfully' screen it publicly and smear Anwar... who knows it will be uploaded on websites... as it is already a 'public document',” said Sankara.
Sankara was contacted to for his opinion on whether Anwar could be charged with making a false police report following the revelation.
The lawyer, who is in Anwar's defence team in the latter's ongoing second sodomy trial, said that “it is precisely the plot” by the PKRde facto leader's political opponents.
This morning, former Malacca chief minister Abdul Rahim Thamby Chik was charged with abetting former Perkasa treasurer-general Shuib Lazim and businessperson Shazryl Eskay Abdullah in “openly” screening pornographic material to a group of journalists on March 21.
The three, who had veiled themselves under the moniker 'Datuk T', said they screened the sex video to divulge the “truth” that the person featured in the video is unfit to be a leader.
The video was also screened in the courtroom for the magistrate to ascertain whether the clip is really pornographic, although the sex scenes were fast-forwarded.
Screening of the video could have been prevented
“The magistrate could have prevented it by not allowing the public screening, but now you know why,” said Sankara.
Rahim's defence lawyer, Muhammad Shafee Abdullah, argued in court earlier that the video's authenticity was proven by experts from the Dartmouth College in Hanover, New Hampshire, US on June 4.
Shafee, in an attempt to reduce his client's penalty, said that based on facial recognition analysis, there was a 99.99 percent match of the male in the video clip to a known photo of Anwar.
The defence counsel requested that the court discharge Rahim on a good behaviour bond and be given a warning.
However, the magistrate fined Eskay RM3,000, or three months' jail in default, while Shuib was fined RM1,500 or two months' jail in default and Rahim was fined RM1,000 or in default a month's jail.
“I also advised him (Anwar) months ago that they will then go for him for making a false report,” Sankara said.
'Deleterious and venomous intent' against Anwar
However, Anwar lodged a police report, denying he is the man in the sex video screened to members of the media.
![raja petra shafee abdullah sedition case 150808 01](http://media1-cdn.malaysiakini.com/137/fed6a040de8140867b6b42fb4e768313.jpg)
“It is not for the prosecutor to submit to the court on the authenticity or the so called expert confirmation of the identity of the actor.
“Clearly this was done with deliberate intent to give the defence lawyer ammunition to make prejudicial and unwarranted negative comments on Anwar,” said Sankara.
It was after the court stood down today that Shafee said the report by experts in Dartmouth College engaged by the police showed that the male in the video clip match to be a 99.99 percent match to a known photo of Anwar.
“The fingerprints of the attorney-general's complicity and bias in today's Shakespearean tragi-comedy is obvious and without doubt visible all over,” said Sankara, referring to the prosecutions against Anwar since his first sodomy charge in 1998, which was later overturned.
“Yet again they have not been able to hide their deleterious and venomous intent against my client while pretentiously and pathetically claiming to be acting independently and neutrally as required by law.”
Sex video: Datuk T trio pleads guilty, fined RM5,500
Defence lawyer: US experts 99.99% sure it's Anwar
Anwar maintains innocence, cries conspiracy
In pleading guilty, Rahim claims moral victory
MP defends Anwar, shows how video could be faked
Noisy demo outside court in support of Datuk T
Rahim: No more guesswork, sex video man is Anwar
Johari Abdul does a 'Poirot' in video refutation
KJ: Datuk T charge proves BN innocent
DPP vs Datuk T: Case fact sheet in full
PHOTO GALLERY
- Malaysiakini
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