Sivarasa: Medical reports sufficient to strike out sodomy charge vs Anwar

(The Edge) – Medical reports from both Hospital Kuala Lumpur and Hospital Pusrawi showed without a doubt that penetration was non-existent, lawyers for opposition leader Datuk Seri Anwar Ibrahim told the High Court today.

In Anwar’s application to strike out the sodomy charge against him, counsel R Sivarasa said it was sufficient for the court to quash the charge as it was clear from the medical reports that no offence was committed against the opposition leader’s former aide Mohd Saiful Bukhari Azlan.

He said the reports following Saiful’s medical examination showed there was no conclusive clinical findings of penetration but instead found the anal area to be normal and without any tear or injury.

Sivarasa submitted before Justice Datuk Mohamad Zabidin Mohd Diah that the prosecution, despite knowing full well of the findings of four doctors that there were no penetration, was attempting to pay no heed to the medical findings and is purportedly seeking to rely on verbal and other forensic evidence of which no particulars were adduced till now.

“The modus operandi is striking similar to their (prosecution) conduct in Sukma Dermawan’s case in 1998 where medical evidence showing no penetration was deliberately suppressed,” said Sivarasa adding that it was known Sukma’s alleged confession was taken under duress and torture.

Anwar, 62, was charged under section 377B of the Penal Code for sodomising Saiful at a condominium in Bukit Damansara in June last year.