Transmenu powered by JoomlArt.com - Mambo Joomla Professional Templates Club

KUALA LUMPUR: Datuk Seri Anwar Ibrahim failed in his second attempt to gain access to key medical documents in his ongoing sodomy trial.

High Court judge Datuk Mohamad Zabidin Mohd Diah dismissed Anwar's application after hearing submissions from Anwar's lawyer and the prosecution.

"There is no provision or legal basis for the defence to be supplied with the documents. Therefore, I dismiss the application," he said in a brief judgment.


In his application, Anwar said his defence team needed all clinical notes, reports, materials, specimens and other information obtained by three doctors of the Kuala Lumpur Hospital after they had examined Mohd Saiful Bukhari Azlan, 25, on June 28, 2008.

He also wanted the outcome of Saiful's medical history as well as the qualifications and experience of the three doctors -- Dr Khairul Nizam Hassan, Dr Mohd Razali Ibrahim and Dr Siew Sheue Feng.

The documents are for his foreign expert, Associate Professor Dr David Lawrence Noel Wells, to analyse before he advises the defence lawyers in relation with the cross-examination of Dr Razali, a general surgeon.


Dr Razali, who is the second prosecution witness, was one of the three doctors who had examined Saiful two days after Saiful was allegedly sodomised by Anwar.

Anwar's counsel Karpal Singh yesterday submitted that Dr Wells' capacity to advise the defence lawyers had been severely compromised by the absence of the documents and materials.

Solicitor-general II Datuk Mohd Yusof Zainal Abiden submitted that Anwar had failed to particularise the provisions of the law upon which the application was made.


He said that the information on Saiful's medical history and the doctors' qualifications as needed by the defence could easily be elicited from cross-examination of the witnesses.

This is the second time Anwar is making such an application.

Last year, Zabidin had ordered the prosecution to hand over crucial medical documents to the defence before trial commenced.

However, the Court of Appeal overturned Zabidin's ruling and this was further affirmed by the Federal Court. The apex court, however, said Anwar could apply for the documents once the trial had started with the calling of the first prosecution witness.

Outside the court, Karpal said he would file an appeal against Zabidin's decision at the Court of Appeal.

Anwar, 63, claimed trial to sodomising his former personal aide, Saiful, at a condominium in Bukit Damansara between 3.01pm and 4.30pm on June 26, 2008.

Bernama reports that Anwar's appeal relating to access to Saiful's witness statements is fixed for hearing at the Court of Appeal next Friday.

One of Anwar's lawyers, S.N. Nair, said they were notified of the hearing date yesterday.

Anwar appealed against the High Court's decision last Saturday denying him the statements.

He wants the prosecution to furnish him with Saiful's witness statements because he claimed there were inconsistencies between Saiful's testimony and the sodomy charge framed against him (Anwar).

The defence contends that Saiful had said that the alleged sodomy took place without his consent but Anwar was charged with consensual sexual intercourse.

The trial is set to resume on July 14.

Read more: 'No' to access to medical papers http://www.nst.com.my/nst/articles/12fal/Article#ixzz0rGh4kjnv