Sodomy II: Karpal continues grilling HKL doc
LIVE REPORTS
8.28am: All the prosecutors led by solicitor-general II Mohd Yusof Zainal Abiden have arrived in the courtroom at the Jalan Duta court complex in Kuala Lumpur.
In addition, Anwar Ibrahim’s Australian criminologist and forensic specialist Dr David Wells is also in court.
8.37am: Anwar arrives with PKR president Dr Wan Azizah Wan Ismail and one of their daughters along with a number of party supporters.
8.49am: PKR secretary-general Saifuddin Nasution is also in court.
8.50am: Lead defence lawyer Karpal Singh enters the courtroom on his wheelchair.
8.58am: Court in session with High Court judge Mohamad Zabidin Mohd Diah presiding.
Hospital Kuala Lumpur's general surgeon Dr Mohd Razali Ibrahim is called to take the witness stand.
9am: Karpal says he wants to resubmit on whether the judge understood what the defence wanted yesterday - which was the clinical notes.
He says the confusion in the ruling may have resulted in a misunderstanding on what the defence had actually sought.
"What we wanted are the clinical notes. The preliminary medical report is not an issue."
Justice Zabidin says he was clear in his ruling yesterday. He orders both defence and prosecution lawyers for a closed-door meeting in his chambers.
The court temporarily stands down...
The cross-examination of Hospital Kuala Lumpur's Dr Mohd Razali Ibrahim resumes again today after the defence failed to obtain the original clinical notes, but was given the July 10, 2008, medical report instead.
Top lawyer Karpal Singh may continue the defence’s effort to access the clinical notes by getting Dr Razali to refer to it when answering questions during his cross-examination after making several unsuccessful attempts yesterday.
Karpal can only access the information contained in the notes if one of the prosecution witnesses refers to it, following High Court judge Mohamad Zabidin Mohd Diah's ruling yesterday denying the defence’s application for the documents.
The notes contain details of the three-hour examination performed by Dr Razali and the other two doctors - clinical pathologist Dr Siew Sheue Feng and specialist surgeon Dr Khairul Nizam Hassan.
Dr Razali was tasked with taking specimens from complainant Mohd Saiful Azlan Bukhari's rectum, while Dr Khairul was entrusted to conduct physical examination.
Malaysiakini has learned that Dr Siew was the person responsible for taking the clinical notes.
LIVE REPORTS
8.28am: All the prosecutors led by solicitor-general II Mohd Yusof Zainal Abiden have arrived in the courtroom at the Jalan Duta court complex in Kuala Lumpur.
In addition, Anwar Ibrahim’s Australian criminologist and forensic specialist Dr David Wells is also in court.
8.37am: Anwar arrives with PKR president Dr Wan Azizah Wan Ismail and one of their daughters along with a number of party supporters.
8.49am: PKR secretary-general Saifuddin Nasution is also in court.
8.50am: Lead defence lawyer Karpal Singh enters the courtroom in his wheelchair.
8.58am: Court in session with High Court judge Mohamad Zabidin Mohd Diah presiding.
Hospital Kuala Lumpur's
general surgeon
Dr Mohd Razali Ibrahim (
right
) is called to take the witness stand.
9am: Karpal says he wants to resubmit on whether the judge understood what the defence wanted yesterday - which was the clinical notes.
He says the confusion in the ruling may have resulted in a misunderstanding on what the defence had actually sought.
"What we wanted are the clinical notes. The preliminary medical report is not an issue."
Justice Zabidin says he was clear in his ruling yesterday. He orders both defence and prosecution lawyers for a closed-door meeting in his chambers.
The court temporarily stands down.
9.05am: Tumpat MP Kamaruddin Jaafar of PAS walks into the courtroom and takes a seat atthe public gallery.
There are still quite a number of empty seats in the courtroom. The public gallery, which has about 40 people, is only three-quarters full. Most of the foreign press and the usual Anwar supporters are absent.
9.23am: All parties emerge from the judge Zabidin's chambers.
9.26am: Court resumes.
9.27am: Karpal continues to press Dr Razali on why he is reluctant to refer to his clinical examination notes.
9.31am: The court stands down again after Karpal persisted in grilling the witness on the matter.
Karpal objects when the prosecutors demand for him to cease. Sankara Nair, a member of the defence team, rises up and asks why the prosecutors are trying to block the lawyers from questioning Dr Razali.
Karpal says he believes what Dr Razali is saying in court is different to what was written in the clinical notes.
Justice Zabidin asks to meet both the prosecution and the defence in his chambers again - the second time this morning.
9.55am: All parties are back in the courtroom.
10.02am:
Judge Zabidin (
left
) re-enters courtroom. Hearing resumes.
10.10am: Karpal asks about the final medical report dated July 13, 2008. He wants to know whether there were reports from two chemists.
Dr Razali had yesterday testified that there was only one chemist report .
10.20am: Dr Razali admits an error in the final medical report regarding the existence of three chemist reports.
One of the chemist reports, PJ For 6334/08-2, is not stated in the report.
Karpal points out that PJ For 6334/08-1 was not be given to the defence although it is mentioned in the final medical report.
10.25am: The court stands down again - for third time this morning. This is to enable to court officials to check on the chemist reports.
Solicitor-general II Yusof says that the prosecution does not want to tender the chemist report 01, and that's why it was not provided to the defence.
10.52am: Court has yet to resume hearing. Defence lawyers Karpal and Sankara are having a chat with Anwar outside the courtroom.
11.06am: Both defence lawyer Karpal and top prosecutor Yusof are meeting judge Zabidin in his chambers.
11.22am: Hearing resumes. Karpal resumes cross examination.
11.42am: Sankara Nair takes over from Karpal and is setting up a LCD projector.
12.02pm: To a question by Sankara, Dr Razali tells the court that lubricant was used during the intercourse, but no test were performed to confirm this.
12.13pm: Sankara then quizzes Dr Razali about Saiful's bowel habits and whether it was important for the doctor to ask the alleged victim about this.
Dr Razali said that this would depend on the situation. He said that while Saiful did complain of pain on his anus, he could not recall if the pain continued.
12.24pm: Dr Razali said Saiful's anus was examined while the alleged victim lay at a lateral position on his left.
"Both knees were brought together to the chest to provide better exposure," he said.
12.29pm: Dr Razali said he inspected Saiful's perianal first and took several swabs. Then he inserted the proctoscope into Saiful's anus to obtain two samples - from the upper and lower rectum.
12.44pm:
Dr Razali admitted that he did not ask Saiful whether an instrument had been inserted in his anus when he was examined at Pusrawi hospital.
He agreed with the defence counsel that it this is not a good practise.
1.10pm: Court is in recess. Hearing will resume at 2pm.
2pm: When hearing resumes, the court was told that the trial will continue at 8.30am tomorrow.


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