Opposition Leader Anwar Ibrahim's lawyers today disclosed that the most important element needed to stick a sodomy charge on the politician was missing from a report prepared by Hospital Kuala Lumpur (HKL).
They said that the medical report released by the hospital has revealed that there was no evidence of penetration on Mohd Saiful Bukhari Azlan - the complainant on whom the criminal case was based.
A copy of the medical report was attached to an affidavit filed by Anwar yesterday to strike out the sodomy charges.
The court is to hear the case beginning July 1.
Endorsed
The medical report was dated July 13, 2008 and was endorsed by three specialists from the government hospital.
Part of the report, which was provided to members of the media today by Anwar's lawyers, stated: "No conclusive clinical findings suggestive of penetration to the anus and no significant defensive wound on the body of the patient (Mohd Saiful)".
"The most vital evidence in a rape or sodomy charge is to show proof of penetration," said Anwar's lawyer Amer Hamzah Arshad.
"And it is missing in this case," he added.
R Sivarasa, who is also one of Anwar's lawyers, added that the allegation were laid upon Anwar were as a result of bad intention and a political conspiracy.
"Although there are expert statements that there was no penetration, the prosecution still proceeded with the case," he said.
If this is the case, the medical report from HKL tallies with another medical report from Hospital Pusrawi (Pusat Rawatan Islam).
Saiful had lodged a police report last year, claiming that, Anwar, who is the Permatang Pauh MP, had sodomised him.
Saiful had went to the private hospital for a medical examination before being asked to go to HKL should he want to lodge a police report for sodomy.
The Pusrawi's medical report, which was leaked to Malaysiakini in July last year, also said there was no sign of anal penetration following a physical examination of Saiful.
Dr Mohamed Osman Abdul Hamid, of Pusrawi who had examined Saiful, later went into hiding in fear that his life was in danger.
Evidence must be tendered
The application to quash the sodomy charges is to be heard on June 22.
Amer also told reporters that the prosecution has yet to supply the defence with documents and other materials linked to the case.
"All that was given was the chemistry report and the list of things that were confiscated (from Anwar)... the defence has asked for the original copy of the CCTV recording from the Desa Damansara condominium, which is vital to the defence of Anwar. These, however, have yet to be provided," said Amer.
"We were only given some blurred photographs and one video recording," he said adding that the defence has also requested for Saiful's DNA samples to be sent in for independent testing.
The prosecution, said Amer, must give a statement of favourable facts and evidence no less than four weeks before the trial begins as this is the policy of the AG's chambers.
Malaysiakini
19/06/09
They said that the medical report released by the hospital has revealed that there was no evidence of penetration on Mohd Saiful Bukhari Azlan - the complainant on whom the criminal case was based.
A copy of the medical report was attached to an affidavit filed by Anwar yesterday to strike out the sodomy charges.
The court is to hear the case beginning July 1.
Endorsed
The medical report was dated July 13, 2008 and was endorsed by three specialists from the government hospital.
Part of the report, which was provided to members of the media today by Anwar's lawyers, stated: "No conclusive clinical findings suggestive of penetration to the anus and no significant defensive wound on the body of the patient (Mohd Saiful)".
"The most vital evidence in a rape or sodomy charge is to show proof of penetration," said Anwar's lawyer Amer Hamzah Arshad.
"And it is missing in this case," he added.
R Sivarasa, who is also one of Anwar's lawyers, added that the allegation were laid upon Anwar were as a result of bad intention and a political conspiracy.
"Although there are expert statements that there was no penetration, the prosecution still proceeded with the case," he said.
If this is the case, the medical report from HKL tallies with another medical report from Hospital Pusrawi (Pusat Rawatan Islam).
Saiful had lodged a police report last year, claiming that, Anwar, who is the Permatang Pauh MP, had sodomised him.
Saiful had went to the private hospital for a medical examination before being asked to go to HKL should he want to lodge a police report for sodomy.
The Pusrawi's medical report, which was leaked to Malaysiakini in July last year, also said there was no sign of anal penetration following a physical examination of Saiful.
Dr Mohamed Osman Abdul Hamid, of Pusrawi who had examined Saiful, later went into hiding in fear that his life was in danger.
Evidence must be tendered
The application to quash the sodomy charges is to be heard on June 22.
Amer also told reporters that the prosecution has yet to supply the defence with documents and other materials linked to the case.
"All that was given was the chemistry report and the list of things that were confiscated (from Anwar)... the defence has asked for the original copy of the CCTV recording from the Desa Damansara condominium, which is vital to the defence of Anwar. These, however, have yet to be provided," said Amer.
"We were only given some blurred photographs and one video recording," he said adding that the defence has also requested for Saiful's DNA samples to be sent in for independent testing.
The prosecution, said Amer, must give a statement of favourable facts and evidence no less than four weeks before the trial begins as this is the policy of the AG's chambers.
Malaysiakini
19/06/09
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