Sodomy II: Yet another blow for Anwar
Hafiz YatimPublished: Nov 22, 2010 6:46 AM | Updated: Nov 23, 2010 2:37 AM
The Kuala Lumpur High Court has dismissed Anwar Ibrahim"s application to be given the medical notes in relation to the sodomy accusation against him.
The Kuala Lumpur High Court has dismissed Anwar Ibrahim"s application to be given the medical notes in relation to the sodomy accusation against him.
Justice Mohamad Zabidin Mohd Diah ruled that, from the evidence given by Hospital Kuala Lumpur's former general surgeon Dr Mohd Razali Ibrahim, there was nothing which could be construed as material contradiction on which a hunch could be acted upon.
"As a conclusion, I find the defence has failed to meet the legal requirement necessary for this court to order the prosecution to supply the defence with the doctor's notes."
Furthermore, th
e judge said Razali (right in photo) had testified that he was not involved in history taking.
That task had fallen on Dr Siew Sheue Feng (left in photo), one of three doctors who had examined complainant Mohd Saiful Bukhari Azlan on the night of June 28, 2008.
On the admissability of the final medical report, Justice Zabidin dismissed the defence application to challenge it, ruling there was no merit.
"Just because Dr Razali, in trying to explain the discrepancy in the laboratory number referred to the toxicology report, does not render the final medical report as inadmissable," he said.
The judge had ruled that the final medical report by the HKL doctors is admissable as evidence, despite objections from Karpal.
Appeal to be lodged
Karpal said that, while the defence respects the judge’s decision, the court has not addressed the issue of his latest submission this morning, that all documentation must be before the court for it to form an opinion.
There was a brief exchange between Karpal (left) and the judge (right), with the lawyer arguing that the judge had failed to address a case law which he cited earlier.
"You must respect my decision," Justice Mohamad Zabidin said.
Karpal replied that he would take the matter up on appeal.
Justice Mohamad Zabidin Mohd Diah ruled that, from the evidence given by Hospital Kuala Lumpur's former general surgeon Dr Mohd Razali Ibrahim, there was nothing which could be construed as material contradiction on which a hunch could be acted upon.
"As a conclusion, I find the defence has failed to meet the legal requirement necessary for this court to order the prosecution to supply the defence with the doctor's notes."
Furthermore, th
e judge said Razali (right in photo) had testified that he was not involved in history taking.That task had fallen on Dr Siew Sheue Feng (left in photo), one of three doctors who had examined complainant Mohd Saiful Bukhari Azlan on the night of June 28, 2008.
On the admissability of the final medical report, Justice Zabidin dismissed the defence application to challenge it, ruling there was no merit.
"Just because Dr Razali, in trying to explain the discrepancy in the laboratory number referred to the toxicology report, does not render the final medical report as inadmissable," he said.
The judge had ruled that the final medical report by the HKL doctors is admissable as evidence, despite objections from Karpal.
Appeal to be lodged
Karpal said that, while the defence respects the judge’s decision, the court has not addressed the issue of his latest submission this morning, that all documentation must be before the court for it to form an opinion.
There was a brief exchange between Karpal (left) and the judge (right), with the lawyer arguing that the judge had failed to address a case law which he cited earlier."You must respect my decision," Justice Mohamad Zabidin said.
Karpal replied that he would take the matter up on appeal.
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