APRIL 13 — As children, we taunt those of the gentler disposition as “sissies” and the effeminate as “pondans." It is cruel, even when done unknowingly as a prank.
Medical science has long confirmed Lesbian, Gay, Bisexual and Transgender (LGBT) is not an acquired affliction. And yet, we continue to see authorities treating the Lesbian, Gay, Bisexual and Transgender community as if they “willed” their state on themselves and are dangerous to others, hence deserving to be punished.
A transgender, for example, suffers from the medical disorder gender dysphoria or more commonly, Gender Identity Disorder (GID). Put plainly — trapped in the wrong body.
Then, there are instances where authorities act because the law allows, however injudicious or even malicious.
Rosli Dahlan was one such victim who fought back and won.
A man of incredible faith
Rosli’s troubles started when he took on client Datuk Ramli Yusuf, then Commercial Crimes Investigation Department director and considered in line for the top job in PDRM. It can also be taken as a “back-handed” acknowledgment of Rosli’s smarts and tenacity as a defence counsel.
On Oct 11, 2007, Rosli was handcuffed in his office by MACC officers in full view of his colleagues, as if he was a dangerous suspect. As investigating violent crimes is not within MACC’s ambit, the treatment meted was pure bullying and intimidation.
Upon acquittal, Rosli and his client filed suits in November 2013 against then attorney-general Tan Sri Abdul Gani Patail, former inspector-general of police Tan Sri Musa Hassan, MACC chief commissioner Tan Sri Abu Kassim and others in their personal capacities, for abuse of power and malicious prosecution. Both the High Court and the Court of Appeal dismissed the applications to strike out. The Federal Court also denied their stay.
Last Tuesday in the High Court, MACC, represented by a senior assistant commissioner at the witness stand, read out a statement of regret over the incident.
Rosli said to reporters: “We should commend the MACC for having the moral courage and integrity to correct itself by making the statement.”
In this instance, I thought Rosli displayed the higher munificence in agreeing to this settlement.
It must be noted last year, Utusan Malaysia settled with an apology and an undisclosed sum in damages. In 2013, he was awarded damages of RM300,000 with costs against NST and MACC. The Star, too, had made a public apology.
Of course, all would now agree Rosli did the right thing to stand by principles and the cause of justice. But in 2007, many would think him foolhardy to take on those adversaries. Don Quixote is, after all, a literary work.
There are so many questions from this “incident." Need the handcuffs be used in a non-violent situation? Was there actually enough evidence to warrant investigations into the “hiding of ill-gotten assets”? Would we have this settlement had the AG been still the same person? How about the High Court judge and Court of Appeal bench — who ruled in favour of the litigant, especially High Court judge Datuk Vazeer Alam, who said, “I am afraid the notion of absolute immunity for public servants even when mala fide or abuse of power in the exercise of their prosecutorial power is alleged, is anathema to modern day notions of accountability.
If Rosli was lucky, he made the luck by keeping absolute faith. As for Abu Kassim, he has just become the new beacon for truth and humility.
Not a mental disorder
April 5 is Nisha Ayub Day in San Diego. A week earlier, she was given the International Women of Courage award by US Secretary of State John Kerry, one of 14 worldwide in recognition of their courage and leadership in advocating for human rights, women’s equality and social progress.
Nisha was sent to a men’s prison for three months as punishment under Shariah law for cross-dressing in 2000. She was 21. Did these authorities think the jail term could result in Nisha “learning the error” of her ways? And did it not cross the authorities’ minds men’s prison is akin to a torture chamber in her case? I am completely nonplussed.
LGBT is non-communicable. If one is not predisposed, one finds same sex encounter disgusting. Why not throw the sledgehammer at cigarette smoking instead? It is hazardous to health and a habit most easily picked up. Easy access to slot machines is a total menace to society — ban them.
If there are some lifestyles or habits practised by LGBTs that run foul of the law, nab them. But to harass them because they are born different, that is the real sin.
In developed countries, if one is diagnosed after chromosomal investigation, and the psychiatrist confirmed, a healthcare plan follows. A doctor friend told me of a case of someone born female but always felt like a boy inside. After due process, she had a bilateral mastectomy and was started on testosterone therapy. She was allowed to change her name to a male one in UK and has lived as one since.
Theirs is not a mental disorder. It is the persistent ignorance by authorities which can drive them to have mental disorders.
Postscript
Ramli’s case has yet to come to trial. I am not sure he is willing to settle.
I too am anxious to see his day in court. Police could have taken quite a different turn, if only.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail Online.
