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Wednesday, August 18, 2010

Teoh inquest: It was not suicide, says Pornthip

Renowned Thai pathologist Dr Pornthip Rojanasunand is testifying at the Teoh Beng Hock inquest, to share her findings after observing the second post-mortem procedure last November.

Pornthip, who had previously claimed that the DAP political aide's death was 80 percent homicide and 20 percent suicide, caused a stir when she entered the courtroom. Teoh's supporters in the packed gallery began applauding.

NONEActivists have been rallying the public to attend the inquest in Shah Alam to show support for Teoh, and to express displeasure at the Attorney-General's Chambers over its handling of the 'mystery note'.

Amidon Anan (right), former police forensic chief (Crime Scene Investigation Unit), is also in the gallery. He is observing the inquest in his personal capacity.

'Live' reports follow:

9.30am: Coroner Azmil Munthapa Abas kicks off proceedings by calling Pornthip as the first witness. She is questioned by Malek Imtiaz Sarwar, who represents her and the Selangor government.

He takes her through her report and photos based on the second post-mortem.

azlan9.55am: Pornthip says she found deep haemorrhage on Teoh's neck reaching to the muscle. The area affected is larger than if there had been manual strangulation, as the force was more than that exerted by a physical grip on the neck.

But based on reviews she had done on 34-35 fall-from-height cases previously, none had that sort of wound. She thinks it's not possible that the bruise was caused by impact with the ground.

10am: Pornthip also rules out the possibility that the bruise was caused by fracture of the spine. She maintains her observation that it was a pre-fall injury with "more force and more weight" than caused by manual strangulation.

She concedes she has no experience on neck holds. She says it could be that "someone put something heavy on Teoh's neck or pressed his head on something".

Referring to the first autopsy report, she cannot exclude that Teoh was unconscious before falling, as the report shows cerebral edema.

It shows that Teoh experienced hypoxia, where brain does not receive oxygen, for at least 5 minutes. Hypoxia is due to a blocked vein, artery or trachea.

NONE10.10 am: Pornthip disagrees wtih Dr Peter Vaneziz (left) that the mark on the neck was due to fracture of the chin. She says a chin fracture area is small and haemorrhage does continue to the chest. Also there are no blood vessels on the chin to cause excessive bleeding.

10.20am: She says there was no fracture to the wrist, which would have been the case if someone protects themselves from a fall with their hands.

There was a fracture and external wound above one ankle, but none at the base of the skull. So she disagrees with Vaneziz that Teoh had landed on his feet and that he was concious when he fell.

10.30am: Pornthip says the anal tear and injury to the buttocks was caused by the fall and not by beating as she had previously thought.

10.43am: She maintains her opinion about the pre-fall injury, but cannot confirm that Teoh was concious during the fall, She declines to go into the percentage of her certainty on the cause of death, because she has had to base this on a report. But she is sure it was not suicide.

10.45am: Malik completes his examination. Gobind Singh Deo, who is representing Teoh's family, begins questioning the witness.

10.55am: Pornthip says that, in her experience as a crime scene investigator and forensic scientist, any note found should be tested for DNA, fingerprints and palm prints immediately, and then be subjected to handwriting analysis. "This is protocol."

But such notes have very little impact on investigation because these are emotional in nature. As such, she prefers to rely on science.

That said, it would be important for police, "especially the crime scene investigator", to examine the note.

11.NONE00am: MACC prosecution head Abdul Razak Musa (left) begins cross- examining Pornthip, to establish her credentials as an expert witness.

He suggests that her testimony is based on her imagination. Pornthip refutes this, saying it is based on her work.

Razak notes that she is not qualified as a forensic expert in Malaysia as the university from which she graduated is not recognised in Malaysia. Pornthip replies that the university is one of the top five in Thailand - some in the public gallery applaud.

11.15am: Razak puts it to Pornthip that Teoh strangled himself. He says that the other four doctors had found no such evidence of strangulation.

Gobind stands up and asks Razak to demonstrate how one can strangle himself. Razak makes an attempt, to laughter from the gallery.

11.20am: Razak points out that Pornthip has made multiple mistakes in her first hypothesis - today, for example, she has said there was no anal penetration and that what she had earlier described as 'drag marks' could be 'sliding marks'.

"I put it to you that you come here to attack the MACC," he says.

He points out several more 'mistakes' which Pornthip continues to refute, saying that she has supported her report with scientific evidence.

Razak: You said 80 percent homicide.

Pornthip: I have explain it. You have to accept....

Razak: When you testified that it was 80 percent homicide, it was reported in all our media.

Pornthip repeatedly urges Razak to read her report, but he says: "I spent three days reading."

There are more murmurs from the crowd, which appears perturbed with the aggressive line of questioning.

Razak then asks whether her earlier reference to a blunt object was to a chair or something else.

Pornthip:
I'm questioning whether you are a lawyer.

Razak: Maybe I'm younger than you, but I've served as a lawyer for 24 years.

The public jeers, with a 'wah'.

11.35am: Razak asks her how Teoh could be dead on the 14th floor (where the Selangor MACC office is located in Plaza Masalm, Shah Alam) but alive on the ground.

Razak sounds muddled, causing coroner Azmil Muntapha Abas to chuckle. Azmil explains to Razak that what Pornthip meant was that Teoh was likely unconscious during the fall and not dead.

Razak: From Level 14 - 99 feet above ground - he was unconscious, so his body would be heavier.

Pornthip: No difference. Scientifically how could there be weight-loss according to consciousness?

Razak also asks if she has experience jumping off a building as she has testified that the body was found further from the building than in the usual case of suicide by jumping.

11.50am: Malik stands up to say that Razak is trying to put words into Pornthip's mouth. "The way he is asking questions makes us want to jump off ourselves!"

12 noon: Razak puts it to Pornthip that her opinion is different from that of the other four doctors who were present during the second autopsy.

Razak: One against four...

Pornthip: You have to respect the judge (coroner) who will make the decision.

Razak: We work on majority.

There were loud groans from the gallery.

12.05pm: Razak completes cross-examination to an audible sigh of relief from the gallery. Government-appointed lawyer Tan Hock Chuan starts his cross-examination.

12.10pm: To a question, Pornthip differs with court appointed pathologist Dr Shahidan Md Noor's testimony that the injury to Teoh's neck was consistent with a fall.

12.15pm: The coroner starts questioning Pornthip to clarify her testimony.

12.25pm: The coroner's court releases Pornthip as a witness.

12.30pm: The court adjourns to Sept 1.

courtesy of Malaysiakini

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