Semen can stay in rectum for 72 hours: Doc
Anwar Ibrahim’s sodomy trial resumed today after a month-long break, with High Court judge Mohamad Zabidin Mohd Diah announcing his decision that the defence will not be given the clinical notes of the three doctors who had examined complainant Mohd Saiful Bukhari Azlan.
The judge ruled that the defence had failed to meet the legal requirements as it based its application on a hunch to highlight material contradictions in the witness testimony.
The defence had argued that the clinical notes may shed some light as to what actually took place during Saiful's three-hour medical examination at the Hospital Kuala Lumpur (HKL) in June 28, 2008.
Click here for a recap of the sodomy trial so far.
LIVE REPORTS
8.15am:
The trial continues this morning and as always the police place red plastic cones along the pavement leading to the Jalan Duta court complex in Kuala Lumpur to prevent vehicles from being parked on the kerb.Police investigating officer DSP Jude Pereira is seen outside the courtroom, waiting for the HKL doctors who will be testifying.
8.33am: Anwar Ibrahim's lawyer Param Cumaraswamy arrives.
840am: Reporters and those entering in the public gallery are allowed in after going through police screening. Star witness Mohd Saiful Bukhari Azlan's father, Azlan Mohd Lazim, is among them.
Anwar Ibrahim’s sodomy trial resumed today after a month-long break, with High Court judge Mohamad Zabidin Mohd Diah announcing his decision that the defence will not be given the clinical notes of the three doctors who had examined complainant Mohd Saiful Bukhari Azlan.
The judge ruled that the defence had failed to meet the legal requirements as it based its application on a hunch to highlight material contradictions in the witness testimony.
The defence had argued that the clinical notes may shed some light as to what actually took place during Saiful's three-hour medical examination at the Hospital Kuala Lumpur (HKL) on June 28, 2008.
Click here for a quick recap of the sodomy trial so far.
LIVE REPORTS
8.15am:
The trial continues this morning and as always the police place red plastic cones along the pavement leading to the Jalan Duta court complex in Kuala Lumpur to prevent vehicles from being parked on the kerb.Police investigating officer DSP Jude Pereira is seen outside the courtroom, waiting for the HKL doctors who will be testifying.
8.33am: Anwar Ibrahim's lawyer Param Cumaraswamy arrives.
840am: Reporters and those entering in the public gallery are allowed in after going through police screening. Star witness Mohd Saiful Bukhari Azlan's father, Azlan Mohd Lazim, is among them.
8.45am:
Anwar's wife Dr Wan Azizah Wan Ismail arrives with her daughter, Nurul Nuha. All DPPs, including solicitor-general II Mohd Yusof Zainal Abiden, are already in court.8.50am: The courtroom is still half-empty. Anwar has yet to arrive.
8.56am:
Defence lawyers Sankara Nair and CV Prabhakaran arrive.8.57am: Anwar enters the courtroom. The seats in the public gallery are filling up fast. With Anwar is Australian DNA specialist Dr Brian McDonald, a defence witness.
9am: Lead defence lawyer Karpal Singh arrives along with forensic expert Dr David Wells, an associate professor in criminology at the University of Melbourne.
9.13am: Karpal and the DPPs led by Mohd Yusof are seen entering the judge's chambers.
9.21am: PKR secretary-general Saifuddin Nasution arrives and he is chatting with Anwar.
9.24am: Both prosecutors and defence lawyers emerge from the judge's chambers.
9.27am:
Judge Mohamad Zabidin (
left
) enters the courtroom. Court is in session.
9.30am: Karpal makes an objection to the earlier submission made by that prosecution which states no weightage should be attached to the prosecution's second witness Dr Mohd Razali Ibrahim from HKL.
He said all evidence must be supported by all documentation before the court. Karpal said this affects the admissibility of the expert opinion of Razali.
9.40am: The judge orders a break to deliberate on the objection.
9.49am: Both parties enter chambers for the second time this morning.
9.52am: Defence lawyers and prosecutors reappear in the courtroom after spending three minutes in chambers.
9.54am: Nurul Izzah Anwar enters the courtroom and takes a seat in the public gallery.
10.02am: The judge dismisses Anwar's application to get the clinical notes prepared by HKL doctors.
He rules that the defence has failed to meet the legal requirements as it had based its application on a hunch to highlight material contradictions in the witness testimony.
10.18am: The judge also rules that the final medical report by the HKL doctor is admissable as evidence despite objections from Karpal.
There is a brief exchange between Karpal and the judge as the lawyer argues that the judge had failed to address a case law.
Karpal says he will take the matter up on appeal. He asks for a short adjournment as he is required to table a motion in Parliament, which is in session today.
He says he can be back in court by 12.30pm.
The judge states that if Karpal fails to make it back by that time, other lawyers in the defence team will have to continue the case without him.
The court stands down until 12.30pm.
12.33pm:
Court resumes. Karpal says the defence has not yet finished with cross-examining Dr Razali (
right
).
Dr Razali takes the stand.
12.36pm: Karpal asks about Saiful saying he had not defecated for two days, yet Dr Razali's previous testimony was that the bowel rectum was empty .
Dr Razali says he stands by his statement that the bowel rectum was empty.
"It is not necessary there be faeces in the rectum area... I agree, at that time (that) I examined (Saiful), there were no faeces."
12.47pm: Dr Razali says he inspected Saiful's anus at 10pm on June 28, 2008 - 56 hours after he was allegedly sodomised.
Despite this, Dr Razali says the rectum was empty of faeces. Sankara described this was as "amazing".
Earlier Dr Razali slipped when he said they examined Saiful the same day.
1pm: Dr Razali disagrees to a suggestion by Sankara that it was not possible to take samples five to six centimetres from the rectum.
Dr Razali says he is not sure whether the specimen was placed in air-tight containers, as it was done by Dr Siew Sheue Feng.
He says that each examination or sample that he took lasted for three to five minutes.
Dr Razali is now under re-examination by solicitor-general II Mohd Yusof.
1.11pm: Dr Razali tells the court that he does not know who the perpetrator was and that he only knew it was a public figure.
"No name was mentioned and I cannot remember whether any names were mentioned," he said to questions from Yusof.
1.24pm: Dr Razali says that based on his readings, seminal fluid can stay in the rectum area for 72 hours.
He says further that when he did the examination, he did not know what to expect or whether he would find any samples.
The witness is released subject to recall.
2.34pm:
Court resumes after an hour's break. Dr Siew Sheue Feng (
right
) is called in for cross-examination.
2.37pm: Karpal is asking for the final medical report dated July 13, 2008, which states that there was no conclusive clinical finding of penetration into Saiful's rectum.
Dr Siew says there were no signs of injury to Saiful's anus.
While Dr Siew was testifying, Anwar's specialist Dr David Wells is seen putting his hand on his head.
2.50pm: Dr Siew says he took down a detailed history of Saiful.
Karpal asks whether these (medical notes) can be reproduced, but Dr Siew says he is willing to relate the history to the best of his memory.
2.52pm:
Karpal (
right
) asks for Saiful's medical history, but witness keeps repeating that Saiful had complained of having been sodomised for two months by a high-profile individual.
Karpal alleges Dr Siew had been ‘programmed’. “That is why you are jumping the gun.”
3pm: Dr Siew says it is only now that he knows the difference as to what was related to him by Saiful and what he had related to the private medical doctor who examined him earlier.
3.18pm: Dr Siew says he only knew the location of the sample swabs taken when he testified before the court on Oct 14.
“Prior to that I do not know where they were taken."
3.26pm: PKR’s Padang Serai MP N Gobalakrishnan comes in and sits in the public gallery.
Cross-examination is now being conducted by Sankara Nair, who asks Dr Siew for his qualifications.
3.28pm: Dr Siew says he has handled about 50 sexual assault cases over his 13 years of experience.
3.42pm: Dr Siew explains how samples are taken and labelled.
3.50pm: According to Hospital Kuala Lumpur protocol for sodomy cases, says Dr Siew, a surgeon, an accident and emergency specialist, and a forensic specialist have to be in attendance.
When asked by Sankara Nair, whether there is a written protocol, Dr Siew says he cannot produce it.
3.55pm: Court adjourns.


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