A forensic pathologist says he took swab specimens after the accused complained he was sexually assaulted by a high-profile figure.
KUALA LUMPUR: Kuala Lumpur Hospital (HKL) forensic pathologist Dr Siew Sheue Feng told the High Court here today that he took swab specimens from the throat and tongue of Mohd Saiful Bukhari Azlan after the latter told him that he was forced to perform oral sex by a “high-profile figure”.
During cross-examination by defence counsel SN Nair as to why he took the specimens at both locations, Siew said that when he took down the history of the incident from the patient, the complainantm, besides telling him that he was sodomised, also claimed that he was asked perform the oral act.
He said Saiful also informed him that he could not sit for two days due to non-consensual sex.
Asked on the demeanour of the complainant when first met, Siew said he was calm and composed, and that two other experts proceeded with the medical examination.
Further questioned by Nair whether he took notes on Saiful’s family background, the pathologist said he did not particularly do it since he was concentrating more on the allegations made by the complainant.
“He also didn’t show any signs of a person suffering from psychiatric problems; he was rather calm, cooperative and well-mannered,” said Siew.
Siew was testifying in the trial of Opposition Leader and PKR adviser Anwar Ibrahim who is charged with sodomising Saiful, 25, his former personal aide, at Unit 11-5-1 of Desa Damansara
Condominium in Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm on June 26, 2008.
Questioned further by Nair why he had contradicted himself as his report prepared on July 13, 2008 mentioned that there was no conclusive clinical findings of penetration but stated otherwise on the witness stand, Siew said his report was based more on clinical findings in the absence of the chemistry report.
However, he agreed with Nair that that he had told someone about his initial findings.
“I only told that to the police and not to anyone from HKL; I told them it was just some injuries on the anus area of the victim,” said Siew.
Flawed report
The pathologist also denied Nair’s contention that he was biased in his report since he had just extracted a portion of the chemistry report when he was preparing it.
“You were selective by only stating facts which were prejudicial to my client but had hidden something which was in his favour,” claimed Nair.
Nair told the court that the chemist’s report had stated the presence of DNA of two males and that the expert had totally relied on this report.
Nair: You had relied on a flawed report (chemistry report) before arriving at the conclusion that there was penetration?
Siew: Disagree. I’m more concerned on solid evidence of sexual assault as alleged by the complainant.
Nair: You are very biased, pro-police and not independent?
Siew: Totally disagree.
Nair: You had been briefed by investigation officer DSP Judy Blacious Pereira that the “high-profile figure” alleged by Saiful was Anwar?
Siew: Yes the officer briefed us it was Anwar but we were not biased in carrying out our duty.
Nair: Normally how long does it take for your department to receive the chemist’s report?
Siew: It takes more than a month and in some cases it even takes up to three months.
Nair: In this case it just took seven to eight days, isn’t it super-fast?
Siew: It was fast but not super-fast.
During re-examination by deputy public prosecutor Nordin Hassan, Siew testified that Saiful never complained to him of insertion of any plastic object into his anus.
He also said even though Judy was present during the medical examination, the officer never dictated or interfered in his work.
To another question by Nordin, Siew said spermatozoa can remain up to 46 hours in the anus area and up to 56 hours in the rectum area.
Meanwhile, HKL emergency care specialist Dr Khairul Nizam Hassan also confirmed that Saiful was calm and well-composed when he examined him.
“He told me that it took sometime for him to expose the sexual assault on him and was prepared to face it,” testified Khairul when cross-examined by Nair.
The hearing before justice Zabidin Mohd Diah continues on Wednesday.
– Bernama
KUALA LUMPUR: Kuala Lumpur Hospital (HKL) forensic pathologist Dr Siew Sheue Feng told the High Court here today that he took swab specimens from the throat and tongue of Mohd Saiful Bukhari Azlan after the latter told him that he was forced to perform oral sex by a “high-profile figure”.
During cross-examination by defence counsel SN Nair as to why he took the specimens at both locations, Siew said that when he took down the history of the incident from the patient, the complainantm, besides telling him that he was sodomised, also claimed that he was asked perform the oral act.
He said Saiful also informed him that he could not sit for two days due to non-consensual sex.
Asked on the demeanour of the complainant when first met, Siew said he was calm and composed, and that two other experts proceeded with the medical examination.
Further questioned by Nair whether he took notes on Saiful’s family background, the pathologist said he did not particularly do it since he was concentrating more on the allegations made by the complainant.
“He also didn’t show any signs of a person suffering from psychiatric problems; he was rather calm, cooperative and well-mannered,” said Siew.
Siew was testifying in the trial of Opposition Leader and PKR adviser Anwar Ibrahim who is charged with sodomising Saiful, 25, his former personal aide, at Unit 11-5-1 of Desa Damansara
Condominium in Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm on June 26, 2008.
Questioned further by Nair why he had contradicted himself as his report prepared on July 13, 2008 mentioned that there was no conclusive clinical findings of penetration but stated otherwise on the witness stand, Siew said his report was based more on clinical findings in the absence of the chemistry report.
However, he agreed with Nair that that he had told someone about his initial findings.
“I only told that to the police and not to anyone from HKL; I told them it was just some injuries on the anus area of the victim,” said Siew.
Flawed report
The pathologist also denied Nair’s contention that he was biased in his report since he had just extracted a portion of the chemistry report when he was preparing it.
“You were selective by only stating facts which were prejudicial to my client but had hidden something which was in his favour,” claimed Nair.
Nair told the court that the chemist’s report had stated the presence of DNA of two males and that the expert had totally relied on this report.
Nair: You had relied on a flawed report (chemistry report) before arriving at the conclusion that there was penetration?
Siew: Disagree. I’m more concerned on solid evidence of sexual assault as alleged by the complainant.
Nair: You are very biased, pro-police and not independent?
Siew: Totally disagree.
Nair: You had been briefed by investigation officer DSP Judy Blacious Pereira that the “high-profile figure” alleged by Saiful was Anwar?
Siew: Yes the officer briefed us it was Anwar but we were not biased in carrying out our duty.
Nair: Normally how long does it take for your department to receive the chemist’s report?
Siew: It takes more than a month and in some cases it even takes up to three months.
Nair: In this case it just took seven to eight days, isn’t it super-fast?
Siew: It was fast but not super-fast.
During re-examination by deputy public prosecutor Nordin Hassan, Siew testified that Saiful never complained to him of insertion of any plastic object into his anus.
He also said even though Judy was present during the medical examination, the officer never dictated or interfered in his work.
To another question by Nordin, Siew said spermatozoa can remain up to 46 hours in the anus area and up to 56 hours in the rectum area.
Meanwhile, HKL emergency care specialist Dr Khairul Nizam Hassan also confirmed that Saiful was calm and well-composed when he examined him.
“He told me that it took sometime for him to expose the sexual assault on him and was prepared to face it,” testified Khairul when cross-examined by Nair.
The hearing before justice Zabidin Mohd Diah continues on Wednesday.
– Bernama
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