Sodomy II: Judge allows July 10 medical report, denies doctors' notes
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| Anwar, Karpal in Parliament |
Malaysia Chronicle
UPDATE 2 The sodomy trial against Opposition Leader Anwar Ibrahim has resumed, and as expected, lead defense counsel Karpal Singh has zoomed in on a July 10 medical report that was 'hidden' by the prosecution.
Karpal has applied to the court for the report as well as the medical notes of the three doctors at Hospital Kuala Lumpur who had examined the complainant Saiful Bukhari Azlan.
Anwar's defense team has been denied access to all the documents along with chemists' reports and statements from other key witnesses in a clear abuse of the United Nations' fair-trial guidelines, and pundits who questioned Prime Minister Najib Razak's motives for doing so say they now feel vindicated..
"The defense's appeal for access to key documents has been rejected on the weakest of grounds, in fact zero basis. And this despite condemnation from legislators around the world. There is obvious and clear intention to put Anwar behinds bars," Batu MP Tian Chua told Malaysia Chronicle.
Tell-all doctors' notes
Apart from snap general elections that he is expected to call in the early part of 2011, he also faces pressure from his deputy Muhyiddin Yassin who is believed to be eyeballing his presidency of Umno, the ruling party.
Meanwhile, under cross-examination, Dr Mohd Razali Ibrahim told Karpal the initial medical report was signed by all three three doctors and issued on July 10. They had completed their examination of Saiful on June 28, 2008. But the medical report that the prosecution tendered to the court was a later version dated July 13, 2008, and contained only a very brief description - only two lines - about Saiful's medical history and background.
After hearing Karpal, Judge Mohd Zabidin agreed to allow the defense access to the July 10 report, but the prosecution is adamant about not releasing the doctors' notes. However, Karpal is equally insistent on it.
"A lot of things happen in HKL. Hence, we need the notes to show corroboration," Malaysiakini reported Karpal as saying.
"Certainly, we do not want this in this case. We do not want a repeat of the black-eye incident where the doctor, Dr Abdul Rahman Yusof, was asked to do something which he does not want to."
As of press time, the parties are still arguing the matter in the court.
Track record of conspiracy
Karpal was referring to the first sodomy trial brought against Anwar by former premier Mahathir Mohamad in 1998, which was overturned in 2004, when the Federal Court acquitted Anwar. Then Anwar had been Deputy Prime Minister and Mahathir was alarmed at his rising political clout. It is believed that Najib had taken a leave from his mentor for the latest charges.
Karpal has applied to the court for the report as well as the medical notes of the three doctors at Hospital Kuala Lumpur who had examined the complainant Saiful Bukhari Azlan.
Anwar's defense team has been denied access to all the documents along with chemists' reports and statements from other key witnesses in a clear abuse of the United Nations' fair-trial guidelines, and pundits who questioned Prime Minister Najib Razak's motives for doing so say they now feel vindicated..
"The defense's appeal for access to key documents has been rejected on the weakest of grounds, in fact zero basis. And this despite condemnation from legislators around the world. There is obvious and clear intention to put Anwar behinds bars," Batu MP Tian Chua told Malaysia Chronicle.
Tell-all doctors' notes
Meanwhile, under cross-examination, Dr Mohd Razali Ibrahim told Karpal the initial medical report was signed by all three three doctors and issued on July 10. They had completed their examination of Saiful on June 28, 2008. But the medical report that the prosecution tendered to the court was a later version dated July 13, 2008, and contained only a very brief description - only two lines - about Saiful's medical history and background.
After hearing Karpal, Judge Mohd Zabidin agreed to allow the defense access to the July 10 report, but the prosecution is adamant about not releasing the doctors' notes. However, Karpal is equally insistent on it.
"A lot of things happen in HKL. Hence, we need the notes to show corroboration," Malaysiakini reported Karpal as saying.
"Certainly, we do not want this in this case. We do not want a repeat of the black-eye incident where the doctor, Dr Abdul Rahman Yusof, was asked to do something which he does not want to."
As of press time, the parties are still arguing the matter in the court.
Track record of conspiracy
Karpal was referring to the first sodomy trial brought against Anwar by former premier Mahathir Mohamad in 1998, which was overturned in 2004, when the Federal Court acquitted Anwar. Then Anwar had been Deputy Prime Minister and Mahathir was alarmed at his rising political clout. It is believed that Najib had taken a leave from his mentor for the latest charges.
Anwar, the 62-year-old PKR adviser, was accused of sodomizing Saiful at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara, Kuala Lumpur, between 3.01pm and 4.30pm on June 26, 2008.
He has denied the charges and accused Najib and his wife Rosmah Mansor of collaborating with Saiful to frame him and derail his political comeback. At first Najib denied ever meeting Saiful, but later admitted to having met him. It was after this meeting that Saiful lodged the police complaint that led to the government's prosecution of Anwar.
Anwar's supporters have minced no words, lambasting Najib and his administration for bad faith and conspiracy. They also slammed the court for perceived lack of neutrality and rushing through the trial. Judge Mohd Zabidin had a day ago warned Karpal that the trial would go on even if he could recover in time.
The 70-year old Karpal had taken ill over the weekend with diarrhea and suspected dengue. According to his aides, the dengue tests have turned out negative, but Karpal is still weak and not fully recovered.
MC
27/10/10
He has denied the charges and accused Najib and his wife Rosmah Mansor of collaborating with Saiful to frame him and derail his political comeback. At first Najib denied ever meeting Saiful, but later admitted to having met him. It was after this meeting that Saiful lodged the police complaint that led to the government's prosecution of Anwar.
Anwar's supporters have minced no words, lambasting Najib and his administration for bad faith and conspiracy. They also slammed the court for perceived lack of neutrality and rushing through the trial. Judge Mohd Zabidin had a day ago warned Karpal that the trial would go on even if he could recover in time.
The 70-year old Karpal had taken ill over the weekend with diarrhea and suspected dengue. According to his aides, the dengue tests have turned out negative, but Karpal is still weak and not fully recovered.
MC
27/10/10
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