Tuesday, November 23, 2010

Defence to apply to disqualify judge: Malaysia 'exports' Sodomy II

Defence to apply to disqualify judge
Hospital Kuala Lumpur forensic pathologist Dr Siew Sheue Feng is being cross-examined for the second day by Anwar Ibrahim's defence team.

During yesterday's hearing, the witness was asked to bring a copy of HKL's protocol for sexual assault victims.

azlanSiew has so far avoided referring to his clinical notes despite being the physician responsible for recording the medical history of complainant Mohd Saiful Bukhari Azlan.

The court had yesterday denied Anwar access to the clinical notes, but the defence attempted to elicit information from the notes if by getting the doctors to refer to them during their cross-examination, which they have consistently refused to do so.

The HKL doctor had also earlier testified that photographs were taken during Saiful's medical examination, but none of which had so far been produced in court. The photographs are being kept by the police.

Following Siew's cross-examination, the third HKL doctor, Dr Khairul Nizam Hassan, will be next to be questioned by the defence.

LIVE REPORTS

8.29am: All the defence lawyers and prosecutors are already in court, including solicitor-general II Mohd Yusof Zainal Abiden and his DPPs, Karpal Singh, CV Prabhakaran and Sankara Nair.

Also in court is Australian forensic specialist Dr David Wells, who is there to advise the defence team.

The courtroom is still relatively empty, with no signs of the foreign reporters. Anwar has yet to arrive.
8.44am: Anwar arrives with wife, Dr Wan Azizah Wan Ismail.
8.45am: Court called into session with High Court judge Mohamad Zabidin Mohd Diah presiding.
8.48am: Hospital Kuala Lumpur forensic pathologist Dr Siew Sheue Feng shows samples of the HKL's sexual assault form.

The witness said he filled similar forms for Saiful.

Sankara applies for Siew to bring the forms which he filled out on Saiful to court, but the witness said he would do it orally.
8.51am: Karpal objects, he says the witness should never be allowed to testify based on his memory.

Yusof, in reply, says this is trite law. "You can ask the witness and if he so chooses, the answer will be based on memory."

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