KUALA LUMPUR, June 4 — Datuk Seri Anwar Ibrahim’s defence team won an adjournment of his sodomy trial today in their quest for access to documents from the prosecution, which they say should have been given under normal circumstances.Anwar’s counsel, Karpal Singh, said the team’s foreign expert, Dr David Wells, had requested full access to all related documents in order to be able to “advise” them on how to cross-examine one of the witnesses, Dr Mohd Razali Ibrahim.
“Normally in any criminal trial, [the] defence would be given access to all documents, but in this case we see that we are denied this, perhaps because of nature of public figure involved (Anwar).”
“Naturally this is frustrating but we have to and will see this to the end,” he said.
Karpal then said that should the High Court judge provide them with access to the documents, the prosecution still retained the option to appeal to the Court of Appeal and, if need be, the Federal Court.
“And our medical guy is an expert, don’t mess with him. Naturally he wants access to documents, because how can he help us otherwise?” Karpal told The Malaysian Insider.
Anwar’s medical expert, Dr Wells, said he would be unable to advise the defence without the documents. — file pic
2. Saiful’s complete medical history;
3. Standard sexual assault proforma and sexual assault kits used in HKL;
4. The qualifications of three doctors.
“The notice of motion was filed at 8am this morning... our medical expert, Dr David Wells is unable to advise us on the nature of cross-examination unless the specimens, Saiful’s medical history, as well as the doctor’s notes are made available,” said Karpal.
Karpal told reporters that the date for hearing of application, which is on June 18 was decided in chambers earlier in the morning.
Two affidavits by Anwar and Dr Wells were also submitted along with the notice of motion.
In his affidavit, Anwar claimed that Dr Razali’s testimony in court yesterday contradicted earlier findings of the HKL medical report with Dr Khairul and Dr Siew.
Dr Razali told the court yesterday that he did not know the locations of swab samples taken from Saiful because he did not know of the contents of the chemist’s report, and said that it was only made known to him during examination-in-chief by the prosecution.
“The evidence given by SP2 (Dr Razali) contradicts the earlier findings in the report dated 13.7.2008 together with the other two doctors namely Dr Khairul Nizam Hassan and Dr Siew Sheue Feng at which point of time the three doctors were privy to the report dated 7.7.2008 of the chemist, Dr Seah Lay Hong,” read Anwar’s affidavit.
Dr Well’s affidavit cited reasons why the documents needed to be supplied to Anwar’s defence team.
“I respectfully state that my capacity to advise the applicant’s solicitors has been severely compromised by the absence of supply of the documents set forth in application therein.
“For any meaningful advice to the applicant’s solicitors, it is pertinent and essential to have sight of all documents and materials set forth in the Notice of Motion herein.”
Dr Wells, who is a professor of forensic medicine at the Victoria Institute of Forensic Medicine in Melbourne, has had experience in giving evidence in Australian courts in more than 800 cases.
Anwar’s chase for documents had begun even before the sodomy trial itself.
He had been unsuccessful previously when the Federal Court quashed his bid to gain access to relevant documents pertaining to the trial prior to its commencement.
“The Federal Court has held in court of judgment that an application could be made in the course of a trial for documents.
“It is an important application to set a precedent on how [many] documents could be supplied in the course of a trial,” said Karpal.
Dr Razali testified that there could have been several reasons why the area around Saiful’s anus was moist. — file pic
The government doctor also said there were a few reasons as to why Saiful’s perianal area was moist.
Dr Razali said that it could have been caused by lubrication applied during the first examination by another doctor.
Judge Datuk Mohamed Zabidin Diah fixed July 14 as the continuation date of the trial.
Anwar, the 62-year-old PKR de facto leader, is charged with sodomising Saiful at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara here between 3.01pm and 4.30pm on June 26, 2008.
The former deputy prime minister has denied the charge, describing it as “evil, frivolous lies by those in power” when the charge was read out to him. He is charged under section 377B of the Penal Code and can be sentenced to a maximum of 20 years’ jail and whipping upon conviction. The trial is taking place 18 months after Anwar was charged in court in August 2008.
Anwar was charged with sodomy and corruption in 1998 after he was sacked from the Cabinet and was later convicted and jailed for both offences. He was freed in September 2004 and later resurrected his political career by winning back his
Permatang Pauh parliamentary seat in a by-election in 2008, which had been held in the interim by his wife.
He had earlier led the opposition coalition, Pakatan Rakyat, to a historic sweep of five states and 82 Parliamentary seats in Election 2008.
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