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Friday 15 October 2010

Sodomy II: Court expunges details on frequency

FULL REPORT KUALA LUMPUR: The Hight Court today expunged details on the number of times that Mohd Saiful Bukhari Azlan claimed to have been sodomised by Opposition Leader Anwar Ibrahim.

Following an application by lead counsel Karpal Singh, Judge Mohamed Zabidin ruled that the details be expunged as this was not stated in the sodomy charge.

Earlier, Kuala Lumpur Hospital (HKL) forensic pathologist Dr Siew Sheue Feng told the High Court that Saiful, during the recording of his medical history on June 28, 2008, had revealed that he was sodomised by a high-profile individual over the previous two months without the use of a condom, Bernama reports.

Siew also testified that Saiful informed him that there was no force involved but admitted that a lubricant was used during the act, and that the last episode occurred two days before Saiful went to the hospital for a medical examination.

Asked by deputy public prosecutor Nordin Hassan, during the examination-in-chief, when Saiful had told him about it, Siew said he obtained the information from Saiful during the recording of his medical history.

"After Saiful told me he was sodomised, I asked him whether a condom was used. Saiful said no but he said a lubricant was used," said Siew at the trial of Opposition Leader and Permatang Pauh MP Anwar Ibrahim, who is charged with sodomising Saiful, 25, at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm on June 26, 2008.

Siew, who had conducted between 200 and 300 forensic cases and had scrutinised 20 sodomy cases, said that after interviewing Saiful, general surgeon Dr Mohd Razali Ibrahim and HKL emergency care specialist Dr Khairul Nizam Hassan then conducted the medical examination.

He said Khairul Nizam examined Saiful's physical body while Razali examined Saiful's private parts.

Report not conclusive

Siew said the doctors also had obtained consent from Saiful before carrying out the medical examination on his private parts and taking photographs.

Questioned by Nordin whether the examination was conducted simultaneously, he said it was done one after another, and explained that his role was to handle the specimen taken from Saiful.

Siew, 40, the third prosecution witness, also told the court that the medical report prepared by him, Razali and Khairul Nizam after examining Saiful was not conclusive and comprehensive since it was prepared without a chemistry report.

He said he concluded that based on the results of four swabs taken from Saiful's anal region during the medical examination on June 28, 2008, he confirmed that there was penile penetration.

He said the report prepared by him, Razali and Khairul Nizam on July 11, 2008, were without the chemistry report on the swabs and the locations where the swabs were taken from.

"With the report and knowing the exact locations of where the samples were taken, I can conclude now that there was penile penetration," Siew said when asked by Nordin.

To a question on whether sodomy could be committed without causing any injury to the anal area of a victim, Siew said it was possible whenever a lubricant was used or there was a delay in reporting the matter to the doctor.

"It is possible, whenever the act does not involve force or undue restriction," he clarified.

Four swabs

Siew also told the court that Razali collected the four swabs marked B5, B7, B8 and B9 and handed them to him and he had sealed the samples in sterilised bottles, labelled them and handed them over to the investigation officer of the case, DSP Jude Blacious Pereira, at 12.35pm on the following day (June 29, 2008).

Khairul Nizam then came on as the fourth prosecution witness, and testified that he had conducted a head-to-toe physical examination of Saiful.

He told the court that upon examination, he noticed that there were three marks on the right and left upper part of Saiful's back and one mark on the right middle part of the back and he had measured them.

Khairul Nizam also said that there was penile penetration following the discovery of male semen on Saiful's perianal, low rectal and high rectal areas.

Karpal reserved his cross-examination on the three doctors to Oct 25.

When the sodomy trial resumed, Karpal applied to the court for comtempt proceedings to be initiated against his client's former aide Rahimi Osman.

Two weeks ago, Rahimi revealed that he was forced by defence lawyers to sign two statutory declarations implicating Prime Minister Najib Abdul Razak and his wife, Rosmah Mansor, in the sodomy allegation.

The judge allowed Karpal to file necessary application for the contempt proceedings.

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