Anwar Ibrahim's sodomy trial resumes today with submissions by the prosecution and the defence on the admissibility of the chemist reports, which included the toxicology test done on complainant Mohd Saiful Bukhari Azlan.

Both parties will also submit on the defence’s application to obtain the clinical notes taken by three Hospital Kuala Lumpur (HKL) doctors during Saiful’s medical examination.

Anwar’s lawyer Karpal Singh will lead the defence submission, while solicitor-general II Mohd Yusof Zainal Abiden will argue on behalf of the prosecution.

Following this, the court will proceed with the continual re-examination of HKL general surgeon Dr Mohd Razali Ibrahim.

Yesterday, Dr Razali testified that Saiful's rectum was empty when he inspected the alleged victim's anus during the three-hour examination at HKL on the night of June 28, 2008.

This was despite that Saiful had earlier told the court that he had not defecated for two days after the alleged sodomy act.

 

 

LIVE REPORTS

8.36am: Solicitor-general II Mohd Yusof Zainal Abiden and deputy public prosecutors Mohd Hanafiah Zakaria and CK Wong are in court.

Also present are members of the defence team - Param Cumaraswamy, Sankara Nair and Australian criminologist and forensic specialist Dr David Wells.

8.47am: Opposition Leader Anwar Ibrahim arrives with his wife, PKR president Wan Azizah Wan Ismail, and daughter, Nurul Nuha.

He looks cheery although last night he was on the campaign trail and addressed two ceramahs in Galas.

In his early morning tweet on his return from Galas, he called on voters to defend the Tok Guru (Nik Abdul Aziz Nik Mat) Kelantan government against the BN.

The courtroom is still half empty - there are a number of Anwar’s supporters and his aides in the public gallery.

8.56am: Top defence lawyer Karpal Singh is wheeled in by his assistant into the courtroom.

NONE 9.07am: Court resumes with High Court judge Mohamad Zabidin Mohd Diah ( left ) presiding.

Solicitor-general II Yusof tells the court that today is for the submission on the defence's application for the clinical notes as well as the admissibility of the chemist reports on whether they comply with Section 51A of the Criminal Procedure Code.

9.13am: Karpal refers to the Federal Court decision on the defence’s basis in getting the clinical notes.

He says the Federal Court had ruled that during the pre-trial of this case, the defence was not entitled to the documents.

"However, the apex court ruled the defence could apply documents during the course of trial."

Karpal says the court had relied heavily on the prosecution's submission that if the notes were not referred to, hence it (the notes) cannot be made accessible to the defence.

"However, the court has a wide latitude, and the defence has similar rights to do the case."

He said the credibility of the expert witness (HKL’s Dr Mohd Razali Ibrahim) depends on the notes.

9.29am:

Karpal says the judge will be seen as abdicating his duty if the court decides not to entertain the defence application for the clinical notes.

"Your lordship will be seen as sitting and doing nothing about it if the defence application is not allowed as truth must prevail."

NONE 9.38am: Karpal ( right ) also submits that the chemist report is not admissible as the prosecution does not want to include Saiful's toxicology report as part of its evidence although it is attached to the chemist report.

He said the Federal Court had ruled that if a document is to be submitted as evidence, the whole of it must be admitted.

"The defence is denied access to the toxicology report, but they want to admit the chemist report," argues Karpal.

"We have been denied our right. Yang Arif (Your Honour) can't just sit back and not do anything about it."

If the documents, he says, are not admitted in its entirety than the whole chemist report should be rejected.

9.55am: Karpal argues that the defence is acting on a hunch that through the clinical notes “we will try and prove that the expert witnesses’ testimony will be contradicted by their notes”.

"We want to know the patient’s history. It cannot just be a two-liner as stated in the final medical report,” he tells the court.

"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 ends his submission. It is Yusof’s turn to submit.

10.03am: Yusof maintains that the clinical notes can only be given if the witness decides to refer to it.

He said the situation in India, which Karpal had earlier referred to, is different.

"What’s important is the experts’ evidence, and not the notes."

10.10am:

Yusof tells the court at the present stage of the trial, it is still the prosecution's case and it can so chooses which evidence to tender.

"It is not yet the defence’s case."

NONE 10.12am: Yusof ( right) tells the court as in murder cases, only the final post-mortem report is submitted.

"The post-mortem notes is not submitted," he says.

"It is wrong that defence should be given all the latitude as this is the prosecution's case. The witness (Dr Razali) did not apply to look at the notes."

10.22am: Yusof says there is no application for the witness to look at the clinical notes.

He adds that the defence cannot act on hunch alone, as the defence must show material contradiction and discrepancy to justify their application.

"So far, the defence has not shown any material contradiction or unexplained circumstances (to ask for the clinical report) and challenged the witness (Dr Razali's) testimony."

10.36am: As to the chemist report, Yusof says it has not prejudiced the accused, Anwar Ibrahim.

According to the solicitor-general II, the defence argued that they have been prejudiced because they are not given a copy of Saiful's toxicology report.

Yusof points out that the chemist has yet been called to give her evidence, and the report itself has not been marked as an exhibit.

10.45am:

DAP stalwart Lim Kit Siang arrives and sits next to Wan Azizah in the public gallery.

10.55am: In pleading to dismiss the defence application, Yusof says it is not entitled to get the clinical report as it did not fulfil section 155 and 161 of the Criminal Procedure Code.

“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.”

On the chemist's report, Yusof says the attached toxicology report on Saiful is not related, and would not prejudice the accused.

Following this, he asks the court to dismiss the application.

Karpal applies for a short break.

11.16am: The court resumes with Karpal’s reply.

He reminds that it is the judge’s duty to ensure justice, as the court depends a lot on the experts’ evidence.

“The expert is here to assist the court. He is duty-bound to tell the truth.”

Karpal promises to provide an Indian authority which the defence is relying on to show that the court can compel the clinical reports to be revealed.

11.24am: Justice Zabidin fixes Nov 22 to deliver its decision. The court has previously set Nov 22 to 26 for the continuation of the trial.