Lead defence counsel Karpal Singh, whose test for dengue turned out negative and still weak from diarrhoea, is in court to cross examine the HKL doctors.

 

 

Earlier today

There is uncertainty on who will do the cross-examination for Anwar Ibrahim's defence team as lead counsel Karpal Singh is taken ill due to suspected dengue.

There is a possibility that lawyers CV Prabhakaran and Param Cumaraswamy will take over from Karpal. Other counsels in the team are Sankara Nair, Ram Karpal and Marissa Regina Christopher Fernando.

azlan The trial was to resume yesterday with Hospital Kuala Lumpur's general surgeon Dr Mohd Razali Ibrahim being asked to produce a preliminary medical examination report on complainant Mohd Saiful Bukhari Azlan.

Razali revealed on Monday during cross-examination by Karpal the presence of an initial medical report signed by three doctors, including Razali, who had examined Saiful.

The other doctors were forensic pathologist Dr Siew Sheue Feng and specialist surgeon Dr Khairul Nizam Hassan.

After examining Saiful on the evening of June 28, 2008, all three signed the report.

However, the report was not produced by the prosecution. What was produced was the final medical report dated July 13, 2008.

Karpal has requested the preliminary report in order to know Saiful's medical history and the detailed examination done on him.

The July 13 medical report contained only two lines describing Saiful's medical history.

Malaysiakini is covering the trial LIVE.

LIVE REPORTS

8.45am: Defence lawyer Param Cumaraswamy arrives at the High Court in the Jalan Duta court complex.

9.01am: Another defence lawyer, Sankara Nair, enters the courtroom. He has a chat with solicitor-general II Mohd Yusof Zainal Abiden.

Other members of the prosecution present are CK Wong, Mohd Hanafiah Zakaria and Noorin Badaruddin.

For the defence, only Param and Sankara are in the courtroom, along with another lawyer Mohd Zamri Idrus, who is holding a watching brief for Saiful.

The court is half full.

9.05am: Opposition Leader and the accused, Anwar Ibrahim, arrives with his daughter, Nurul Nuha. He talks to several representatives of foreign embassies who are there to observe the trial.

9.08am: Sankara and Param, along with Yusof and Hanafiah, go to meet High Court judge Mohd Zabidin Mohd Diah in his chambers.

Still no sign of lead defence counsel Karpal Singh and the other lawyers.

9.15am: All parties emerged from the judge's chambers. Lawyers are wearing their robes. Will the trial be put off again?

9.18am: Court in session.

Sankara says Karpal's family has informed him that the lead counsel's test for dengue turned out negative, but he is still weak with diarrhoea.

"Karpal asks to come at 2pm. We shall continue at 2pm," he tells the judge.

Yusof says he hopes the cross-examination will continue this afternoon.

Justice Zabidin resolves that court will start at 2pm.

9.20am: Sankara says in the event Karpal cannot come, the other lawyers will do the cross-examination.

He adds that the defence team will also need time to look at the Saiful's preliminary medical report.

9.34am: Sankara tells journalists outside the courtroom that the defence team has yet to obtain Saiful's preliminary examination report.

Afternoon session

1.30pm: Reporters and public waiting for the police to hand out passes.

Lead defence counsel Karpal Singh, who has not fully recovered from his bout of diarrhoea, arrives in court.

1.55pm: Reporters and public allowed into court.

Solicitor-general II Mohd Yusof Zainal Abiden, DPPs Mohd Hanafiah Zakaria and CK Wong are present.

Defence lawyer CV Prabhakaran enters courtroom with Australian criminologist and forensic specialist Dr David Wells.

1.59pm: Opposition Leader Anwar Ibrahim arrives with former Perak menteri besar Mohd Nizar Jamaluddin and his wife, Fatimah Taat.

2.03pm: Other members of Anwar's defence team - Sankara Nair, Param Cumaraswamy, Ram Karpal and Karpal Singh - are in court.

The courtroom is half-empty. There are quite a number of empty seats at the back of the public gallery.

2.07pm: Anwar has a discussion with Karpal.

2.09pm: High Court judge Mohd Zabidin Mohd Diah enters courtroom. Hearing resumes.

2.10pm: Kuala Lumpur Hospital doctor Dr Mohd Razali Ibrahim called to take the witness stand.

2.13pm: Karpal begins his cross-examination of Dr Razali.

Dr Razali tells the court that Saiful's preliminary medical report was prepared on June 29 - a day after the victim was examined.

However, it was issued almost two weeks later, on July 10.

2.24pm: Dr Razali says he cannot remember signing every page of the July 10 preliminary report, but he did sign all pages on the final medical report, which was issued on July 13.

2.27pm: Given that the medical report was written a day after the medical examination, Karpal applies for the clinical notes taken by the Hospital Kuala Lumpur doctors during their three-hour examination of Saiful.

Mohd Yusof objects to the application as this is not referred to the witness.

Karpal says the issue can be raised during cross-examination.

"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."

Karpal explains that Dr Abdul was asked to testify that Anwar's black-eye injury was self-inflicted.

"Certainly, we do not want this to happen in this case," he says.

"A lot of things happen in HKL. Hence, we need the notes to show corroboration."

2.40pm: Batu parliamentarian and PKR strategic director Tian Chua walks into court.

Both Karpal and Yusof are still arguing over the defence's application to access the preliminary medical notes.

Yusof chatises Karpal for making a political speech.

"He cannot rely on what had happen 10 years ago to make this application."

Karpal replies that the particular incident also happened in HKL.

"This is not a political speech, but the court has to go to the bottom of the matter."

There was evidence in that case, says Karpal.

Yusof says the attorney-general was cleared (of fabricating evidence). 

Anwar shouts from the dock: "It was the AG! (Abdul Gani Patail). That's a lie."

2.55pm: Court stands down for the judge to make a ruling on whether to order Dr Razali to produce the medical notes during the three-hour examination of Saiful.

Justice Zabidin had earlier wanted Karpal to continue Dr Razali on other matters not related to medical notes.

"I can't effectively proceed with the cross-examination without the notes," complains Karpal.

3.17pm: Court resumes. Justice Zabidin allows the defence's application for access to the medical report, dated July 10.

Karpal has earlier requested for the preliminary medical report which contained Saiful's full medical history and the examination done on him.

The July 13 medical report contained only two lines describing Saiful's medical history.

3.18pm: There is some confusion as Karpal says he wants immediate access to the medical notes, otherwise he is unable to continue his cross-examination of Dr Razali.

Both sides argue over the matter.

3.24pm: After hearing the arguments from both Karpal and Yusof, judge Zabidin clarifies that he is only allowing the medical report dated July 10, 2008.

He says he is not allowing the defence access to the contemporaneous clinical notes made by the doctors during their three-hour examination as it is not referred to by the witness.

Karpal asks for a 20-minute recess to discuss the matter.

3.29pm: Anwar's defence team members in deep discussion with their specialist Dr David Wells.

3.38pm: Court resumes hearing but Dr Razali is no where to be found. Apparently, he has gone to the toilet.

Justice Zabidin smiles and says, "We will wait for the witness."

3.41pm: Dr Razali appears in court. He takes the witness stand.

4.12pm: Despite being repeatedly enticed by Karpal, Dr Razali refuses to refer to the preliminary clinical notes to answer questions on Saiful's medical history, especially on his earlier visit to Pusrawi hospital.

(While Karpal fails to get a copy of the clinical notes, he can indirectly get information from it if the witness asked for it as reference when answering questions in court. However, Dr Razali refuses to refer to the clinical notes).

Dr Razali says there is only one chemist report.

4.16pm: Karpal applies for the court to end today's session.

4.18pm: Court ends session. Hearing to continue tomorrow at 8.30am.