Wednesday, February 16, 2011

Written in black and white: Attempted sodomy and attempted oral sex

Sodomy II: Dent in prosecution case


Lead defence counsel Karpal Singh managed to put a major dent into the prosecution's case in Anwar Ibrahim's sodomy trial in the Kuala Lumpur High Court.

The veterNONEan lawyer pointed out this morning that the pro forma form filled by doctors - mainly forensic pathologist Dr Siew Shueu Feng - who had interviewed and examined complainant Mohd Saiful Bukhari Azlan on June 28, 2008, has the words 'attempted sodomy' and 'attempted oral sex'.

Former HKL Accident and Emergency Unit head Dr Khairul Nizam Hassan (left) told the court that Saiful had told the medical team that he had been sodomised and forced to perform oral sex but Saiful did not mention 'attempted' but 'sodomy' and 'oral sex'.

When shown the pro forma form, however, Khairul Nizam agreed the form states 'attempted sodomy' and 'attempted oral sex' yet he maintained that the medical examination was conducted to check for sodomy and oral sex.

NONEWhen Karpal pursued the matter, asking many times if the pro forma form was based on interviewing Saiful, the witness, 
 Khairul Nizam, agreed  but stressed that the form is just as a guideline.

"How can you say it is sodomy or oral sex when the report states 'attempted'?" asked Karpal and persisted with this line of questioning until Solicitor-General II Mohd Yusof Zainal Abiden - who is leading the prosecution team - objected to the repetition of the questions.

Karpal also pointed out that vital information that
 included the circumstances that led to the alleged incident; on the complainant's medical history; and on past rectal examination as to whether or not the victim had defecated, which should have been indicated in the pro forma form had not been filled by the doctors.

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