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The final of the Carol Weymuller Squash Open 2005 was won by Nicol David. As is seemingly her fashion of late, Nicol lost the opening game against the other finalist, Natalie Grinham. She then won the next three games to win the final :: 5/9, 9/6, 9/4, 9/3.
The fight for the 2005 Carol Weymuller squash crown will see Nicol David and Natalie Grinham staging a repeat of their recent British Open final. Hopefully like the British Open, we will see Nicol triumphant again.
Ms Teresa Kok Suh Sim is the DAP Member of Parliament for Seputeh. She calls being an MP her occupation and is a second term MP for Seputeh. She is also Publicity Secretary of DAP and the National Secretary of Wanita DAP. Like Mr Lim Kit Siang's, i am looking forward to reading Ms Kok's blog to follow political events as they unfold on the Malaysian scene. i hope that more of our elected representative on all sides of the political divide will make use of the internet to have their say. Of course i am not expecting that Badruddin to make good use of this as even in the august house his utterrances have been ones better not made.
The PM's wife, Datin Seri Paduka Endon Mahmood, has passed away at 0755 hours this morning after a long battle with breast cancer. May she rest in peace.
"The supreme council's decision took into account mitigative circumstances that need to be considered, his services to the party and conduct after the six-year suspension was imposed. Isa showed a good example during the suspension period."
"This is because it would cause inconvenience to the party and require a big expenditure. In the event of a by-election, the issue concerning me will be exploited by the Opposition.
"I don't want to create so many problems."
To summarise our judgment, even though reading the appeal record, we find evidence to confirm that the appellants were involved in homosexual activities and we are more inclined to believe that the alleged incident at Tivoli Villa did happen, sometime, this court, as a court of law, may only convict the appellants if the prosecution has successfully proved the alleged offences as stated in the charges, beyond reasonable doubt, on admissible evidence and in accordance with established principles of law. We may be convinced in our minds of the guilt or innocence of the appellants but our decision must only be based on the evidence adduced and nothing else. In this case Azizan's evidence on the "date" of the incident is doubtful as he had given three different "dates" in three different years, the first two covering a period of one month each and the last covering a period of three months. He being the only source for the "date", his inconsistency, contradiction and demeanor when giving evidence on the issue does not make him a reliable source, as such, an essential part of the offence has not been proved by the prosecution. We also find the second appellant's confession not admissible as it appears not to have been made voluntarily. Even if admissible the confession would not support the "date" of the commission of the offences charged. We have also found Azizan to be an accomplice. Therefore corroborative evidence of a convincing, cogent and irresistable character is required. While the testimonies of Dr. Mohd. Fadzil and Tun Haniff and the conduct of the first appellant confirm the appellants' involvement in homosexual activities, such evidence does not corroborate Azizan's story that he was sodomised by both the appellants at the place, time and date specified in the charge. In the absence of any corroborative evidence it is unsafe to convict the appellants on the evidence of an accomplice alone unless his evidence is unusually convincing or for some reason is of special weight which we find it is not. Furthermore, the offence being a sexual offence, in the circumstances that we have mentioned, it is also unsafe to convict on the evidence of Azizan alone.
For all the above reasons, we are not prepared to uphold the conviction. Since the applicbale law in this case requires that the prosecution must prove its case beyond reasonable doubt before the defence may be called, the burden being the same as is required to convict the appellants at the end of the case for the defence, we are of the view that the High Court has misdirected itself in calling for the appellants to enter their defence. They should have been acquitted at the end of the case for the prosecution.
We therefore allow the appeals of both appellants and set aside the convictions and sentences.
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