SODOMY II Mohd Saiful Bukhari Azlan told a Kuala Lumpur Hospital physician that he had been sodomised several times for two months by a high-profile individual, the last done without force on June 26, 2008.

The without force claim is consistent with the prosecution's charge on opposition leader Anwar Ibrahim that there was concensual carnal intercourse against the order of nature.

There were disputes to this as Saiful claimed it was non-consensual, but Anwar is charged with consensual. This resulted in questions to the charge and a pending application by the defence to get the key witness police statement which would be decided on Monday.

NONE Dr Siew Sheue Feng, 40, who is a clinical pathologist, related this at the Kuala Lumpur High Court today and said the high-profile individual did not use a condom on those occassions, when he testified as the third prosecution witness today.

Although Dr Siew ( left ) had related in open court how many times Anwar had allegedly sodomised Saiful, this was expunged following an objection by lead defence lawyer Karpal Singh.

Dr Siew then, along with Dr Mohd Razali Ibrahim and Dr Khairul Nizam Hassan, examined Saiful at the hospital's emergency unit one-stop centre at about 9.25pm on June 28, 2008.

Dr Siew and Dr Khairul Nizam, had prior to this observed and monitored 20 sodomy cases in the past.

He said the sterile equipment used were sterilised cotton swabs, a protoscope which was used to examine Saiful's anus, containers to place specimens, and sealed plastic bags.

NONE The witness told the court that after being briefed by investigating officer DSP Jude Blacious Pereira, the doctors had discussed among themselves on the division of tasks.

"After getting Saiful's ( right in pic ) consent to conduct physical examination, to retrieve specimens and photographs to be taken of his private parts, they proceeded with examining him," he said.

"I was tasked to collect the samples from Dr Razali and Dr Khairul Nizam. Dr Razali was tasked with taking samples from Saiful's rectum, while Dr Khairul Nizam was entrusted with conducting the physical examination and taking blood samples," he said.

Dr Siew said after he collected the samples from the two doctors, they were placed in sterile containers and sealed, and he signed them along with Saiful.

"The samples were given to DSP Jude at about 12.35am on June 29 to be handed to the Chemistry Department for further action," he said in replying to questions from DPP Nordin Hassan.

Semen found, proof of penetration

Dr Siew, along with Dr Khairul Nizam, who is now attached to the Putrajaya Hospital, told the court that despite their medical report stating there were no conclusive clinical findings suggesting penetration to the anus or rectum, they found evidence of penile penetration.

This, according to the two witnesses who testified one after the other, follows discovery of a male semen sample from four cotton swabs which were marked B5, B7, B8 and B9.

"These cotton buds were retrieved by Dr Razali from the high rectal, low rectal and perianal area of Saiful's anus. Following the discovery, there was evidence of sexual penetration," said Dr Siew.

Dr Khairul Nizam said what is stated in the report does not mean there was no penetration of Saiful's anus.

"It had to be compared with the sites of sampling. After comparing with the sites of sampling, the findings of semen on the cotton bud retrieved from the victim's anus revealed there was indeed penile penetration," he said.

Dr Khairul Nizam, who came in as the fourth prosecution witness, was also asked under what circumstances there could be events of non-injury to the victim's anus.

The witness listed three reasons whereby injury may not be detected:-

  • the possibility of a duration of time before the victim presents himself/herself to the doctor (i.e. the incident took place a long time previously, and the doctor was only asked to expect it now)
  • no resistance (force)
  • the use of lubrication

Saiful had during his examination-in-chief claimed he had used KY jelly lubricant, before the said incident.

Multiple scars on back

Dr Khairul Nizam, 40, who conducted Saiful's physical examination, noted the presence of multiple old scars on the left side of the victim.

"There were four areas of linear hypertrophic scars, three marks on the right and left upper part of the back and one on the right middle part of the back. The scars measure 1.4 to 3cm-long with a width of 0.1cm," he said.

The doctor said he took samples of saliva from Saiful's nipple and seminal analysis was also done on a cotton swab taken below the tongue.

A blood sample was also retrieved from the witness, Dr Khairul said, and tests were done to determine HIV, syphilis, and hepatitis.

"Tests on the blood sample proved negative," he said.

The trial will resume before Justice Mohamad Zabidin Md Diah for five days beginning Oct 25, with the expected cross-examination of the three doctors.

Dr Razali had testified earlier on June 3, 2010.