Nothing to justify sex video RCI, says Anwar’s lawyer
By Shazwan Mustafa Kamal, The Malaysian Insider
KUALA LUMPUR, April 9 — Datuk Seri Nazri Aziz’s arguments have failed to justify the need for an inquiry on the sex video allegedly featuring Datuk Seri Anwar Ibrahim, his lawyer has asserted.
Anwar’s defence counsel Sankara Nair joined other lawyers in rubbishing Nazri’s call for a royal commission of inquiry (RCI), saying that the de facto law minister appears to be “delusionally” fixated that the man in the sex video was Anwar even though the PKR de facto leader has himself denied being the man in the grainy 21-minute black-and-white video clip.
The police have also yet to complete investigations on the case.
“By his (Nazri’s) statement to you he appears to be delusionally fixated that all he speculates about is true when there is nothing to support it. Stretching every fictional muscle to justify an RCI.
“Hence it’s abundantly clear that the primary aim is political — to politically smear Anwar,” charged Sankara today.
Elaborating further, he explained that it is not an offence under the Penal Code to engage in sex with a prostitute.
“To add to what the other lawyers have said under the Penal Code, solicitation for prostitution must be for money and the offence is against the prostitute,” Sankara told The Malaysian Insider, in reference to points made by several lawyers earlier today against Nazri.
The lawyers have insisted that prostitution is not illegal in Malaysia though soliciting for sex is, saying that the de facto law minister would be challenged to prove his case even following the standard criminal procedures.
According to Sankara, the only crime committed was the public screening of the sex video by the “Datuk T” trio — former Malacca Chief Minister Tan Sri Abdul Rahim Thamby Chik, businessman Datuk Shazryl Eskay Abdullah and Perkasa treasurer-general Datuk Shuib Lazim.
The three have claimed responsibility for the video, saying they screened the video to show “a man who wants to be prime minister is not qualified.”
Section 372 (1) of the Penal Code states that it is only a crime if a person “sells, lets for hire… procures, buys or hires or otherwise obtains possession of” any person with the intention of employing, or using that same person for the purpose of prostitution.
The section states that it is also a crime to utilise “deceitful means” to assist in bringing a person in Malaysia for the purpose of prostitution.
Sections 372a and 372b state that it is a crime to live off the earnings of the prostitution of another person and it is also against the law to solicit for the purpose of prostitution.
The Penal Code does not say that it is illegal for an individual to engage in sex with a prostitute in Malaysia.
Sankara said that Nazri’s justification in calling for an RCI was “riddled” with holes and Nazri was “clutching at straws”, adding that the Umno lawmaker himself was not fully “conversant” in Malaysian law.
“By making such unfounded assumptions Nazri, as we say amongst lawyers, ‘can’t see the wood for the trees’.
“It’s shocking that this is coming from a man who is legally trained and was once a practising lawyer,” said Sankara.
The former Special Branch police officer-turned-criminal lawyer said that it would be difficult to even prove that the woman in the video clip was indeed a prostitute, and besides that there was also no proof that the man in the video was Anwar.
“Can Nazri and the Inspector-General of Police show where in section 292 of the Penal Code and the Film Censorship Act that state that to commence prosecution the sections require the proving of authenticity of any X-rated video and to verify identity of the actors?
“Clearly, there is no such requirement. If so why are Nazri and the IGP acting beyond the law by seeking authenticity and identity. Are they now a ‘law unto themselves’? The perpetrators have even admitted to the act. Why the reluctance to prosecute but instead embark on a frolic to politically assassinate Anwar?” said Sankara.
Nazri had said that an RCI was needed to determine whether an act of prostitution took place in the recently-released sex video that allegedly features Anwar.
