
Critics agree that much of Southeast Asia desperately needs judicial reform and rule of law. Yet, there is remarkably little comparative scholarship on law and legal institutions in the region. In this blog, I'll follow constitutional developments in Brunei, Burma (Myanmar), Cambodia, East Timor, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand, and Vietnam, as well as the Association of Southeast Asian Nations (ASEAN).
Showing posts with label evidence. Show all posts
Showing posts with label evidence. Show all posts
Wednesday, March 23, 2011
Oops - don't throw that evidence out quite yet
A few weeks ago I reported the judge in the Anwar trial threw out a key piece of DNA evidence because the government had obtained it illegally without Anwar's consent. It turns out I spoke too soon. According to Asia Sentinel, the judge has reversed his order and allowed the evidence in. Given turnarounds like that, it's hard not to sympathize with the pessimistic views of many Malaysian lawyers about their country's courts...
Tuesday, March 8, 2011
Rules of Evidence saves Anwar
It's not every day evidence law makes headlines in Southeast Asia. The Malaysian government began prosecuting opposition leader Anwar Ibrahim for sodomy soon after his PKR alliance did surprisingly well in the 2008 general elections. Now, the High Court has excluded DNA evidence linking Anwar to the alleged sodomy. The judges found that the DNA samples had been taken from a toothbrush, water bottle, and hand towel in Anwar's prison cell were taken without Anwar's permission. Now, the prosecution must rely on the testimony of the alleged sodomy victim, who, as I've written earlier, has already been caught in a "compromising position" when it came to light that he had an affair with one of the female prosecutors. I'm not sure if this means Anwar will escape conviction, but it might suggest UMNO feels secure enough to let him go. After all, Prime Minister Najib is considering calling early elections.
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