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| Anwar - gov't wants him behind bars ahead of snap polls |
Malaysia Chronicle
Ahead of a visit from U.S. Secretary of State Hillary Clinton next week, the Malaysian High Court has fixed November 22 to decide whether or not to allow Opposition Leader Anwar Ibrahim’s defense team access to key documents they need to defend him.
These include doctors’ notes and a toxicology report based on a clinical examination of the complainant by three government doctors.
"I wouldn't be at all surprised that the Najib administration will try to keep the trial in the fridge until Mrs Clinton leaves. They wouldn't want to be embarrassed by all shenanigans taking place in our courts right in front of the top leaders from the first world. What a bad impression it will give, but once the big shots leave - I am sure Najib and team will revert to form," PKR strategic director Tian Chua told Malaysia Chronicle.
In defiance of United Nations guidelines on fair-trial conditions, Prime Minister Najib Razak had refused to allow Anwar’s lawyers access to the documents, although a Federal Court later allowed Anwar to apply for the documents as and when it became necessary during the hearing.
“The apex court ruled the defense could apply documents during the course of trial (but not pre-trial)," Malaysiakini reported lead defense counsel Karpal Singh as saying.
"However, the court has wide latitude, and the defense has similar rights to do the case. Your lordship will be seen as sitting and doing nothing about it if the defence application is not allowed as truth must prevail."
A rush job
The sodomy charges pressed against Anwar are well-known not just in Malaysia but all round the world with many world leaders condemning Prime Minister Najib Razak for pushing through the case despite the manifestly fabricated nature of the accusations.
Ahead of a visit from U.S. Secretary of State Hillary Clinton next week, the Malaysian High Court has fixed November 22 to decide whether or not to allow Opposition Leader Anwar Ibrahim’s defense team access to key documents they need to defend him.
These include doctors’ notes and a toxicology report based on a clinical examination of the complainant by three government doctors.
"I wouldn't be at all surprised that the Najib administration will try to keep the trial in the fridge until Mrs Clinton leaves. They wouldn't want to be embarrassed by all shenanigans taking place in our courts right in front of the top leaders from the first world. What a bad impression it will give, but once the big shots leave - I am sure Najib and team will revert to form," PKR strategic director Tian Chua told Malaysia Chronicle.
In defiance of United Nations guidelines on fair-trial conditions, Prime Minister Najib Razak had refused to allow Anwar’s lawyers access to the documents, although a Federal Court later allowed Anwar to apply for the documents as and when it became necessary during the hearing.
“The apex court ruled the defense could apply documents during the course of trial (but not pre-trial)," Malaysiakini reported lead defense counsel Karpal Singh as saying.
"However, the court has wide latitude, and the defense has similar rights to do the case. Your lordship will be seen as sitting and doing nothing about it if the defence application is not allowed as truth must prevail."
A rush job
The sodomy charges pressed against Anwar are well-known not just in Malaysia but all round the world with many world leaders condemning Prime Minister Najib Razak for pushing through the case despite the manifestly fabricated nature of the accusations.
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| Rosmah and Najib |
Anwar was accused of sodomising his former aide Saiful Bukhari Azlan at a plush condominium in Kuala Lumpur in 2008 just after he announced his intention to make his parliamentary comeback. He has denied the charges and accused Najib and his wife Rosmah Mansor of plotting a government conspiracy to derail his political career.
Najib initially denied meeting Saiful but later admitted to it, and it is telling that it was only after this meeting that Saiful lodged the police complaint that led to Anwar's prosecution.
Of late, the trial has taken greater urgency with Judge Mohd Zabidin Mohd Diah accused of rushing through the case as Najib steps up his bid to put his arch political rival behind bars ahead of snap general elections widely expected to be held next year.
Reports with unfavorable information held back
Over the past few days, Karpal and his team have been cross-examining Dr Razali Ibrahim, one of the three doctors at the Hospital Kuala Lumpur who examined the complainant on June 28, 2008.
Najib initially denied meeting Saiful but later admitted to it, and it is telling that it was only after this meeting that Saiful lodged the police complaint that led to Anwar's prosecution.
Of late, the trial has taken greater urgency with Judge Mohd Zabidin Mohd Diah accused of rushing through the case as Najib steps up his bid to put his arch political rival behind bars ahead of snap general elections widely expected to be held next year.
Reports with unfavorable information held back
Over the past few days, Karpal and his team have been cross-examining Dr Razali Ibrahim, one of the three doctors at the Hospital Kuala Lumpur who examined the complainant on June 28, 2008.
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| Solicitor-General Yusof Zainal |
Razali could not answer many of the questions as the complex physical examination was done two years ago and the medical report tendered by the prosecution did not contain full details, nor were the clinical notes taken by the doctors during the tests attached.
Razali also refused to ask for his notes as once he does so, under court rules, the defense would also be entitled to see them.
"We want to know the patient's history. It cannot just be a two-liner as stated in the final medical report. Even a kindergarten kid can tell a two-liner is not a detailed report. Hence, the court should provide us with the clinical notes for us to prove and possibly challenge the witness testimony," Karpal told the court.
Meanwhile, Dr Razali's testimony on Thursday has already caught Saiful in a lie. According to the doctor, Saiful's rectum was "empty", although Saiful had testified he did not pass motion for two days because of the sodomy.
Caught lying but prosecution insists unnecessary
Nonetheless, the prosecution led by Solicitor-general II Mohd Yusof Zainal Abiden objected, insisting that the notes could only be given if Dr Razali requested to see them.
Razali also refused to ask for his notes as once he does so, under court rules, the defense would also be entitled to see them.
"We want to know the patient's history. It cannot just be a two-liner as stated in the final medical report. Even a kindergarten kid can tell a two-liner is not a detailed report. Hence, the court should provide us with the clinical notes for us to prove and possibly challenge the witness testimony," Karpal told the court.
Meanwhile, Dr Razali's testimony on Thursday has already caught Saiful in a lie. According to the doctor, Saiful's rectum was "empty", although Saiful had testified he did not pass motion for two days because of the sodomy.
Caught lying but prosecution insists unnecessary
Nonetheless, the prosecution led by Solicitor-general II Mohd Yusof Zainal Abiden objected, insisting that the notes could only be given if Dr Razali requested to see them.
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| Defense counsel Karpal Singh |
“What is important is the experts' evidence, and not the notes. The witness did not apply to see the clinical report. Furthermore, they had failed to show any material contradiction for them to act on a hunch to disprove the witness testimony. Furthermore, the defence cannot compel the prosecution to do so,” said Yusof said.
Also in contention is the chemist’s report which the prosecution had submitted to the court without attaching the all-important toxicology report which contains the detailed breakdown of the tests done.
According to Karpal, the Federal Court had ruled that if a document is to be submitted as evidence, the whole of it must be admitted. If the documents are not admitted in its entirety than the whole chemist report should be rejected, he added.
"The defence is denied access to the toxicology report, but they want to admit the chemist report. We have been denied our right. Your Honour can't just sit back and not do anything about it," he said.
30/10/10
Also in contention is the chemist’s report which the prosecution had submitted to the court without attaching the all-important toxicology report which contains the detailed breakdown of the tests done.
According to Karpal, the Federal Court had ruled that if a document is to be submitted as evidence, the whole of it must be admitted. If the documents are not admitted in its entirety than the whole chemist report should be rejected, he added.
"The defence is denied access to the toxicology report, but they want to admit the chemist report. We have been denied our right. Your Honour can't just sit back and not do anything about it," he said.
30/10/10
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