Thursday, June 03, 2010

Sodomy II: HKL doc testifies, semen found on swabs

Anwar claims he was meeting with people in the unit next to the one where Saiful had testified that the opposition leader propositioned him for sex after he delivered a document.



8.45am: Lead defence counsel Karpal Singh arrives at the Desa Damansara condominium. Opposition Leader Anwar Ibrahim and the defence team are visiting one of the units in the posh condominium. The defence wants to inspect Unit 11-5-2, which is next to Unit 11-5-1, where former aide Mohd Saiful Bukhari Azlan alleged he was sodomised by Anwar.The defence has argued that Anwar and the people he was meeting with were in Unit 11-5-2, next to the one where Saiful had testified that the opposition leader propositioned him for sex after he delivered a document.On Tuesday, the defence team failed to gain access to the condo unit when the police brought the wrong set of keys.Unit 11-5-2 and Unit 11-5-1 are both owned by one Hasanuddin, who is said to be a close friend of Anwar. Unit 11-5-2 is where Hasanuddin stays, but he is currently out of town with his family.The court hearing of the controversial trial will resume later this morning after the condo visit.


9.05am: The defence team, led by Karpal, leaves the Desa Damansara condominium after spending about 20 minutes there. They are now heading to the Jalan Duta Court Complex for the resumption of the trial hearing.Karpal says the defence lawyers were in the 11-5-2 apartment unit briefly.
"We satisfied with the progress (of the defence)," Karpal tells reporters on emerging from the condo. He says the trial is expected to resume at about 9.30am.
Anwar's forensic expert Dr David Wells, an associate professor in criminology at the University of Melbourne, who has arrived from Australia this morning, was not with the defence lawyers during the condo visit. Wells is division head of clinical forensic medicine at the Victorian Institute of Forensic Medicine. He will be advising the defence lawyers during the trial. Three Hospital Kuala Lumpur doctors who had examined Mohd Saiful Bukhari Azlan is expected to testify as prosecution witnesses today.

9.08am: Solicitor-general II Mohd Yusof Zainal Abiden, who is leading the prosecution, arrives with his team at the Jalan Duta Court Complex.

9.20am: Journalists and diplomats allowed into the courtroom.

9.27am: Lead defence counsel Karpal Singh arrives in court with other members of the defence team, including CV Prabhakaran.

9.29am: Anwar's forensic specialist Dr David Wells arrives in court together with defence lawyer Sankara Nair. Also in court are lawyers Param Cumaraswamy and Ram Karpal.

9.31am: Anwar's wife and PKR president Dr Wan Azizah Wan Ismail enters courtroom with family members and a number of supporters. Among those in the public gallery is Penang Deputy Chief Minister Mansor Othman. There is no sign of Anwar yet.

9.34am: The accused, Opposition Leader Anwar Ibrahim, arrives. He spends a brief moment of discussion with his lawyers. He then chats with representatives from the diplomatic corps from US and Australia.
The public gallery is packed with about 70 people with some unable to get a seat. Court has yet to be called into session.

9.59am: Court in session with High Court judge Mohd Zabidin Mohd Diah presiding.

It begins with the introduction of the various parties by Solicitor-General II Mohd Yusof Zainal Abiden.
Star witness Mohd Saiful Bukhari Azlan, who ended his testimony on Monday, has been recalled by the defence to takes the stand.

10.07am: Defence counsel Karpal Singh asks Saiful about the incident where he swore on the Quran at the Federal Territory mosque that he was sodomised by his former boss Anwar on the eve of the nomination day of Permatang Pauh by-election two years ago.

Saiful again says the timing was a coincidence.

The star witness agrees with Karpal he had made a posting in his blog on Aug 2, 2008, where he wished Anwar well in the Permatang Puah contest.He however disagrees that the oath ceremony at the FT mosque was pre-planned and maintains it was just a coincidence that it was done just before the Permatang Pauh nomination day.

Karpal asks Saiful whether he knew Faez Khairi is married to his sister, Saidati Adha.

Saiful answers they ran away. “I'm not sure,” he says.

When pressed by Karpal whether he knew Faez, and judge Mohamad Zabidin Mohd Diah telling Saiful to answer the question, Saiful says he knew that Faez is married his sister.

Karpal asks whether he knew Faez was threatened. Lead prosecutor Mohd Yusof objects.

10.14am: Karpal puts it to Saiful that the alleged sodomy act on June 26 did not happen. Saiful disagreed.

Karpal says during the alleged incident, Anwar was in Unit 11-5-2.

Saiful: No, Anwar was in 11-5-1.

Karpal: You're lying.

Saiful: I disagree, Anwar was in 11-5-1.

Karpal informs the court that the defence had submitted its notice of alibi and that Anwar was not in the alleged unit during the alleged sodomy.

10.20am: Lead defence counsel Karpal asks for the rest of the court session to be in camera. Judge Mohd Zabidin requests for the public gallery to be cleared.

10.33am: Members of the public allowed to get back into the courtroom.

10.45pm: Court resumes with second witness called to testify - Hospital Kuala Lumpur surgery specialist Mohd Razali Ibrahim.

10.50am: Dr Mohd Razali says he had conducted inspection on over 100 patients who complained of anus problems.He explains the procedures - he says samples from the anus should be taken using cotton swab or syringe.

"Both equipments must be sterile."

Karpal is unhappy that the doctor is testifying in Bahasa Malaysia. Apparently, the defence team is having problems translating Dr Mohd Razali's testimony to Anwar's forensic expert Dr David Wells, who arrived from Australia this morning.

The court stands down.

11.26am: Court resumes. Hospital Kuala Lumpur's Dr Razali said he took three samples from complainant Saiful - two from the lower rectum, one from the higher rectum and another from perianal.


He said a lubricant was used to insert the special equipment into Saiful's anus.

"I noticed there was moisture."Razali said that his medical report states that the four cotton swab samples taken shows signs of semen.

11.47am: After referencing both his own report and the chemistry department lab report, Razali concluded that there were signs of penile penetration.


"This is consistent with the history related by the victim."

He admitted that his medical report stated that there was no conclusive evidence of penile penetration as there were no signs of tears, injuries or defensive wounds.However, he stressed that his clinical evidence was not conclusive without the chemistry department lab report. Karpal tried to reserve the right to cross-examine Razali later, but this was objected by the prosecution.


12.10pm: Prosecution and defence lawyers have entered the Judge's chambers where they met about 15 minutes.

12.31pm: Immediately after the hearing resumes, Karpal applies for an adjournment to allow time for his team to consult medical specialists.
Despite objections from the prosecution, the judge allowed it. Hearing resumes tomorrow at 9.00am.


Source : http://www.malaysiakini.com/news/133483

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