Anwar barred from doctors’ notes
By Shazwan Mustafa Kamal, The Malaysian Insider
KUALA LUMPUR, Nov 22 — Datuk Seri Anwar Ibrahim was denied access today to the medical notes of three Hospital Kuala Lumpur (HKL) doctors, which his lawyers argue the prosecution must produce along with all evidence in his sodomy trial.
In today’s decision, High Court judge Datuk Mohd Zabidin Mohd Diah ruled that the defence had failed to give reasons as to why the court should allow Anwar access to the medical notes.
Mohd Zabidin said that in Malaysia, the right for an accused to be supplied with the necessary documents depended on the existing criminal procedure code (CPC), as well as the prosecution team.
“SP2 (Dr Razali Ibrahim) was called by the prosecution, what is important for the court is his oral testimony.
“Notes are only to be used to refresh SP2’s memory… it is not legally admissible, and SP2 has said he does need to refer to the notes to refresh his memory.
Mohd Zabidin said it was the prosecution’s sole prerogative whether to provide Anwar’s team with the medical notes.
“The notes are only admissible, if the prosecution decides so. If prosecution does not decide, then the defence cannot demand for the notes,” said Mohd Zabidin.
In response, Karpal said that he disagreed with the decision, but would accept it for now.
“We have to reluctantly accept your Lordship’s decision, but we find it a perverse decision,” said Anwar’s lead counsel.
