Anwar to apply to disqualify judge
Hospital Kuala Lumpur forensic pathologist Dr Siew Sheue Feng is being cross-examined for the second day by Anwar Ibrahim's defence team.
During yesterday's hearing, the witness was asked to bring a copy of HKL's protocol for sexual assault victims.
Siew has so far avoided referring to his clinical notes despite being the physician responsible for recording the medical history of complainant Mohd Saiful Bukhari Azlan.
The court had yesterday denied Anwar access to the clinical notes, but the defence attempted to elicit information from the notes if by getting the doctors to refer to them during their cross-examination, which they have consistently refused to do so.
The HKL doctor had also earlier testified that photographs were taken during Saiful's medical examination, but none of which had so far been produced in court. The photographs are being kept by the police.
Following Siew's cross-examination, the third HKL doctor, Dr Khairul Nizam Hassan, will be next to be questioned by the defence.
LIVE REPORTS
8.29am: All the defence lawyers and prosecutors are already in court, including solicitor-general II Mohd Yusof Zainal Abiden and his DPPs, Karpal Singh, CV Prabhakaran and Sankara Nair.
Also in court is Australian forensic specialist Dr David Wells, who is there to advise the defence team.
The courtroom is still relatively empty, with no signs of the foreign reporters. Anwar has yet to arrive.
8.44am: Anwar arrives with wife, Dr Wan Azizah Wan Ismail.
8.45am: Court called into session with High Court judge Mohamad Zabidin Mohd Diah presiding.
8.48am: Hospital Kuala Lumpur forensic pathologist Dr Siew Sheue Feng shows samples of the HKL's sexual assault form.
The witness said he filled similar forms for Saiful.
Sankara applies for Siew to bring the forms which he filled out on Saiful to court, but the witness said he would do it orally.
8.51am: Karpal objects, he says the witness should never be allowed to testify based on his memory.
Yusof, in reply, says this is trite law. "You can ask the witness and if he so chooses, the answer will be based on memory."
Hospital Kuala Lumpur forensic pathologist Dr Siew Sheue Feng is being cross-examined for the second day by Anwar Ibrahim's defence team.
During yesterday's hearing, the witness was asked to bring a copy of HKL's protocol for sexual assault victims.
Siew has so far avoided referring to his clinical notes despite being the physician responsible for recording the medical history of complainant Mohd Saiful Bukhari Azlan.
The court had yesterday denied Anwar access to the clinical notes, but the defence attempted to elicit information from the notes if by getting the doctors to refer to them during their cross-examination, which they have consistently refused to do so.
The HKL doctor had also earlier testified that photographs were taken during Saiful's medical examination, but none of which had so far been produced in court. The photographs are being kept by the police.
Following Siew's cross-examination, the third HKL doctor, Dr Khairul Nizam Hassan, will be next to be questioned by the defence.
LIVE REPORTS
8.29am: All the defence lawyers and prosecutors are already in court, including solicitor-general II Mohd Yusof Zainal Abiden and his DPPs, Karpal Singh, CV Prabhakaran and Sankara Nair.
Also in court is Australian forensic specialist Dr David Wells, who is there to advise the defence team.
The courtroom is still relatively empty, with no signs of the foreign reporters. Anwar has yet to arrive.
8.44am: Anwar arrives with wife, Dr Wan Azizah Wan Ismail.
8.45am: Court called into session with High Court judge Mohamad Zabidin Mohd Diah presiding.
8.48am:
Hospital Kuala Lumpur forensic pathologist Dr Siew Sheue Feng (
right
) shows samples of the HKL's sexual assault form.
The witness said he filled similar forms for Saiful.
Sankara applies for Siew to bring the forms which he filled out on Saiful to court, but the witness said he would provide oral information.
8.51am: Karpal objects, he says a witness should never be allowed to testify based on memory.
Yusof, in reply, says this is trite law. "You can ask the witness and if he so chooses, the answer will be based on memory."
8.55am: Karpal argues that the judge has failed to understand Section 45 of the Evidence Act, where an expert is required to place all documents which he bases his opinion in court.
"This is a Supreme Court decision."
Judge Mohamad Zabidin asks: "What if he (the witness) does not want to look (at the document)?"
Karpal says this would not be fair and this is "an adversity faced by defence" in the trial.
"What Yang Arif (Your Honour) maybe recording is useless as it is unsupported by any data, and not worth any paper it's written on.
"Why must Yang Arif sit there and be subject to misdirection? Why do you want to be misdirected?"
9.05am: Karpal wants the judge to compel Siew to bring the documents to back up his findings.
"We are not plucking this requirement out of thin air but are relying on a Supreme Court decision in 1993, which is equivalent to the Federal Court."
Yusof says what the doctors did was to collect specimens and give them to the chemist.
"The witness cannot testify on behalf of the chemist. What did he (the doctor) do? Is it on specialise training or is it just to collect specimens?"
9.13am: Karpal argues that yesterday the witness had testified that photographs were taken but these were not tendered as evidence.
He says the function of the court is to make a finding of fact based on expert evidence, and as such, the documents must be tabled before the court for it to consider the evidence.
"
Yang Arif
must consider on Section 45 (of the Evidence Act) alone and not other sections, as the witness said he jotted down the note in the form. Hence, we are entitled to get the documents."
Karpal argues the judge did not consider on his submission yesterday relating to Section 45.
Judge Mohamad Zabidin again asks for time to deliver his decision on the umpteenth attempt by the defence to get the medical notes.
9.31am: The court is still awaiting the judge to make his decision on this morning's request by the defence.
All rows in the public gallery are filled though there are empty seats still available.
9.58am: Court resumes. Justice Zabidin says the court cannot compel such documents to be produced. He again dismisses the defence application for the HKL medical notes to be produced.
Karpal says he intends to appeal against the decision. There is brief exchange of words between Karpal and the judge as the court orders the continuation of the cross-examination.
10.03am: Judge Mohamad Zabidin says the defence can proceed with the filing any application for a stay in proceedings, but meanwhile the trial shall continue.
Siew is called to the stand.
10.07am: Karpal asks Siew what he had filled in the form.
Patient's name - the witness answers, "Mohd Saiful Bin Bukhari."
IC number - Siew says he cannot remember.
Date of birth - again, he says he cannot remember.
Occupation - "private assistant"
Status - "single"
Siew says he cannot remember the police report number.
Karpal asks him to refer the final medical report. "Do you want to refresh your memory from your notes?"
The witness says he will only refer to the information in his final medical report, and not the original medical notes.
"I have my complete report," he adds.
10.19am: After Karpal is unable to get anywhere with the witness, the judge calls a recess.
"These people are programmed like robots," laments Karpal.
Soon after the judge leaves, a sharp exchange breaks out in open court between Yusof and Anwar.
"This is too much as you all (prosecution) are suppressing evidence," says Anwar.
Yusof answers: "You do not know the law."
Also Yusof has a shouting match with a number of those in the public gallery. The police - about four or five including ASPs - are called in to calm the situation.
10.20am: As a police officer confronts one of Anwar's supporters who had exchange words with Yusof, Anwar shouts, "Jangan nak tunjuk kuasa." (Don't try to show your powers).
The court interpreter asks a number of those in public gallery, including PKR secretary-general Saifuddin Nasution, to go outside.
Anwar leaves the courtroom.
10.34am: The court is taking a break. Anwar and his supporters are hanging out at the court's canteen.
11.25am: Anwar enters court, gesturing to the police officers to assure them he will be calm.
11.29am: Court resumes. Karpal say the defence will apply to disqualify judge from hearing the case, saying Zabidin is not abiding by guidelines.
"We will file the application tomorrow morning."
11.37am: After submission, the judge orders for cross-examination to proceed. Siew is called in. He is questioned as to whether he knows the oath he had taken.
11.39am: The witness says that during the break, he had looked at the forms that he used to fill the details on Saiful. Following this, Karpal applies to get the notes again.
The court stands down for both parties to submit whether a witness can look at documents during the break or only before the proceeding starts.
12.21pm: Court resumes and parties submit on whether the witness (Siew) is in contempt of court and has committed an offence under the Penal Code.
Karpal says it is an issue as to whether Siew had, by refreshing his memory in going through the forms during the break, committed contempt.
"If he wants to refresh his memory of the document, it should also be provided to the defence."
1.13pm: Both sides are still arguing on the issue of contempt of court by Siew, relating to whether the witness can be allowed to refer to his notes when the court stands down in between sessions.
1.17pm: Following almost an hour of arguments filled with technical legal terms, the court decides to adjourn the trial to 11.30am tomorrow.
Anwar will have to be at Federal Court tomorrow morning for the decision involving his lawsuit against former premier Dr Mahathir Mahathir.
When the trial resumes tomorrow, judge Mohamad Zabidin will first hand down his decision on the matter of contempt of court, before hearing the defence's application to disqualify him from hearing the case.
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