Karpal wants witness cited for contempt of court

KUALA LUMPUR, Nov 23 — In yet another dramatic move, Datuk Seri Anwar Ibrahim’s legal team demanded today that a witness in the Sodomy II trial be cited for contempt of court.

Lead defence counsel Karpal Singh claimed today that Hospital Kuala Lumpur (HKL) forensic pathologist Dr Siew Sheue Feng (SP3) had committed an offence punishable under the Penal Code “for interfering with the administration of justice.”

Karpal’s contention was that Dr Siew, who had refused to produce or refer to a proforma report during the cross-examination, had in fact referred to it during a court recess this morning.

Anwar’s team had wanted Dr Siew to refer and produce the said report during the cross-examination, which Dr Siew had refused, despite him not being able to remember parts of the report.

A proforma report is a form or a list which filled by a doctor before performing an examination on a patient.

“During court break, witness chose to refresh his memory by looking at the report. He has admitted to it,” said Karpal.

The lawyer stressed that a witness remained under oath even during a break, which meant that Dr Siew had committed an offence by “refreshing” his memory then.

“A witness remains under examination during the break. Even during adjournment of case, witness cannot refresh his memory.

“There are two offences here. One, contempt of court. Two, interfering with the course of justice.

“In fact, he can be prosecuted,” said Karpal.

The veteran lawyer also demanded that whatever material used by Dr Siew to refresh his memory be supplied to the defence.

Lead prosecutor Datuk Yusof Zainal Abiden in turn argued that there was no legal provision which limited when a witness could “refresh” his memory.