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10 APRIL 2024

Tuesday, August 23, 2011

Pusrawi doc and foreign experts to testify

Anwar Ibrahim's defence goes into the second day today with the expected testimony from Pusrawi hospital doctor Dr Mohamed Osman Abdul Hamid and two foreign experts.

The two Australian experts - forensic pathologist Dr David Wells and DNA specialist Dr Brian McDonald - have been with Anwar's defence team since they heard testimony from the police, Hospital Kuala Lumpur doctors and chemists.

It would be interesting to see whether the prosecution will apply to cross-examine Anwar, who had yesterday given an unsworn statement from the dock to the surprise of many.

Solicitor-general II Mohd Yusof Zainal Abiden had told the court that he “would love to cross-examine Anwar”. This was despite that testimony or statement from the dock by an accused in principle cannot be cross-examined.

"I will have to study past case laws as I would love to cross examine Anwar, whose defence was merely a political statement," said Yusof.

Anwar, in denying that he had sex with his former aide Mohd Saiful Bukhari Azlan, had detailed how it was a conspiracy hatched by then Deputy Prime Minister Najib Abdul Razak just before he was about to return to active politics by contesting the Permatang Pauh parliamentary seat.

Anwar has also pointed out that despite such evidence going against the prosecution, the court had ordered him to enter his defence.


LIVE REPORTS

8.31am: Lead defence counsel Karpal Singh already arrives in the Kuala Lumpur High Court at the Jalan Duta Court Complex.

8.48am: The team of prosecutors led by solicitor-general II Mohd Yusof Zainal Abiden enters the courtroom.

dr mohamed osman abdul hamid pusrawi hospital saiful bukhari azlan anwar ibrahim sodomy 2 interview 040908 098.51am: Lawyer Sankara Nair arrives with the two Australian experts, Dr David Wells and Dr Brian McDonald.

Queens Counsel Mark Trowell is also here on watching brief for the Inter Parliamentary Union.

9.05am: The accused, Anwar Ibrahim, arrives with wife and PKR president Dr Wan Azizah Wan Ismail.

9.12am: Court hearing begins with judge Mohamad Zabidin Mohd Diah presiding.

9.13am: Pusrawi doctor Dr Mohamed Osman Abdul Hamid (right) called to the witness stand.

9.17am: Witness says Saiful met him at Pusrawi Hospital on June 28, 2008.

Dr Osman asks to refer to his medical notes marked as identification. He then says Saiful complained of anal pain and of not being able to defecate for the past week.

9.20am: Osman says the patient alleged he was assaulted by the introduction of a plastic object into his anus.

"I did record this after Saiful told me this after examining him," he says.

"I checked with a protoscope."

9.24am: Now Osman is being cross-examined by Mohd Yusof.

Yusof asks whether the introduction of plastic is part of the medical history.

"I agree what I write down is little. He complained of pain in (the) anus when passing motion."

"I asked him what caused the pain. I thought it was constipation, bleeding."

9.26am: Yusof asks Osman why he did not ask Saiful as to what caused his pain.

Osman says he thought it was constipation, as there was no bleeding

Yusof: Do you agree that had you asked, you would not write (about) this plastic (object) allegedly inserted (into the anus)?

Osman: Yes

Yusof: Did Saiful know what you wrote in the report?

Osman: No.

9.29am: Asked by Yusof, Osman agrees that Saiful had claimed he was sodomised by a VIP.

"I did not ask," says Osman.

Yusof: Is (insertion of) plastic (object) sodomy?

Osman: He told me after the examination that he was sodomised and a plastic was inserted.

Yusof:
You only mentioned plastic when a further statement was recorded by police this year. They asked you about this. When was this added?

Osman: This year they did not ask me anything.

Yusof: I apologise. It was May 18, 2010.

Osman: Yes, I recorded the statement.

Yusof: The note (about the plastic) was added later?

Osman: The note was added as post-examination.

Yusof: I put it to you that he did not say any plastic.

Osman: He told me.

9.37am:
Osman says he worked at Pusrawi for six months and he does not know who this Azlan is.

Yusof: Did you prepare a statutory declaration?

Osman: Yes

Yusof: Why did you prepare (it)?

Osman: I was very scared.

Yusof: Who asked you to prepare (it)?

Osman: One commissioner of oaths, 'Anwar', and a lawyer named Yusri.

9.40am: Yusof : It seems we cannot find the record.

Osman: I gave it to Dr Rustam on the same day. One 'Dr Azlan' wants to keep it in the file.

9.42am: The witness says the police never asked him to write the statutory declaration.

"I thought the lawyer is acting for Pusrawi. He is not acting for Pusrawi."

Yusof: My suggestion is that you will do anything for anybody?

Osman: No

Yusof: I suggest that this was added later (the plastic thing)

Osman: No.

Karpal, in cross-examination, asks whether this note was recorded on another day.

Osman says no. He recorded it the same day as when it was uttered by Saiful.

9.46am: Osman is released from the witness stand.

Karpal says he is calling in experts, and asks for a 15-minute break.

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