Sodomy 2: Anwar fails to get medical reports and specimen samples
(Bernama) – Opposition Leader Datuk Seri Anwar Ibrahim failed Friday in his bid for all the medical reports and specimen samples prepared by three Kuala Lumpur Hospital (KLH) doctors who examined Mohd Saiful Bukhari Azlan, the man he is alleged to have sodomised.
High Court judge Datuk Mohamad Zabidin Mohd Diah, in dismissing his application, ruled that there was no provision or legal basis for the defence to be supplied the documents.
Justice Mohamad Zabidin made the decision after hearing submissions from Anwar’s counsel, Karpal Singh, and Solicitor-General 11, Datuk Mohamed Yusof Zainal Abiden, who led the prosecution team.
The defence needed various documents and materials for the scrutiny of Australian forensic expert Assoc Prof David Lawrence Noel Wells, who has been engaged as an observer by Anwar’s team, before cross-examining KLH general surgeon Dr Mohd Razali Ibrahim, the second witness.
Anwar had asked for all medical clinical notes and reports, materials, specimens, emails, hand-written notes, correspondence, jottings and observations by the three doctors who examined Mohd Saiful, on June 28, 2008, two days after the latter alleged that he was sodomised by Anwar.
Anwar, 63, who is also Permatang Pauh MP, is charged with sodomising Mohd Saiful, 25, his former aide, at Unit 11-5-1 of the Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm on June 26, 2008.
Dr Mohd Razali had examined the Mohd Saiful together with emergency care specialist Dr Khairul Nizam Hassan and forensic pathologist Dr Siew Sheue Feng.
Anwar also wanted the complete history of the medical examination of Mohd Saiful conducted at the KLH, standard sexual assault proforma and sexual assault kits used by the hospital and the qualifications and experiences of the three doctors.
The court had set July 14 to continue the trial.
Earlier, Karpal submitted that the court should not lose sight of the neccessity of ensuring that his client was accorded a fair trial based on Federal Court ruling on Jan 29.
The Federal Court, in dismissing Anwar’s application for the prosecution to supply various documents including medical documents and specimen samples, ruled that the defence could apply for the documents during the course of the trial.
He said the defence needed the documents as his expert’s capacity to advise the defence team was severely compromised by the absence of the documents.
Mohamed Yusof replied that in a trial, the best evidence was oral evidence and if the defence needed to inspect the documents, they should ask the doctor during cross-examination.
He also said that Anwar had failed to show the provision of law to support the application.
