Anwar denied access to 'tell-all' doctors' notes as Najib steps up bid to jail his arch rival

Wong Choon Mei, Malaysia Chronicle

UPDATE 3 The Malaysian High Court has refused to allow Opposition Leader Anwar Ibrahim access to crucial doctors' notes which could contain tell-all instructions from "higher-ups" and expose Prime Minister Najib Razak's conspiracy in the sodomy trial that has been condemned by lawmakers and prominent leaders from all around the world.

Judge Mohd Zabidin Mohd Diah, whose neutrality has been questioned by Anwar's supporters, however agreed to allow lead defense counsel Karpal Singh access to a July 10 medical report that had been 'hidden' by the government.

This report may shed greater light about complainant Saiful Bukhari Azlan's medical history and background than a July 13 report that the prosecution had submitted to the court.

Anwar's defense team was denied access to all key documents along with chemists' reports and statements from other key witnesses in a clear abuse of the United Nations' fair-trial guidelines, and pundits who earlier questioned Najib's motives for doing so, say they now feel vindicated..

"The defense's appeal for access to key documents has been rejected on the weakest of grounds, in fact zero basis. And this despite condemnation from legislators around the world. There is obvious and clear intention to put Anwar behinds bars," Batu MP Tian Chua told Malaysia Chronicle.

Tell-all doctors' notes

Indeed, speculation is red-hot that the sodomy case is now top-priority for Najib, who is struggling to maintain his hold on power.

Apart from snap general elections that he is expected to call in the early part of 2011, he also faces pressure from his deputy Muhyiddin Yassin who is believed to be eyeballing his presidency of Umno, the ruling party.

Meanwhile, under cross-examination, Dr Mohd Razali Ibrahim told Karpal the July 10 report was sighted by all three three doctors including himself. They had completed their examination of Saiful at Hospital Kuala Lumpur on June 28, 2008.

According to the defense, the July 13 report contained only a very brief description - just two lines - about Saiful's medical history and background.

After hearing Karpal, Judge Mohd Zabidin agreed to allow the defense access to the July 10 report, but rejected their appeal for the doctors' notes after heated objection from the prosecution.

"A lot of things happen in HKL. Hence, we need the notes to show corroboration," Malaysiakini reported Karpal as saying. "Certainly, we do not want this in this case. We do not want a repeat of the black-eye incident where the doctor, Dr Abdul Rahman Yusof, was asked to do something which he does not want to."

He was immediately accused of making a political speech by Solicitor-General II Mohd Yusof Zainal Abiden.

Track record of conspiracy

Karpal had been referring to the first sodomy trial brought against Anwar by former premier Mahathir Mohamad in 1998, which was overturned in 2004, when the Federal Court acquitted Anwar.

Then Anwar had been Deputy Prime Minister and Mahathir had been alarmed at his rising political clout. Despite Anwar's denial and overwhelming evidence of his innocence, Mahathir insisted on jailing him. It is believed that Najib has taken a leaf from his mentor for the latest charges.

Anwar, the 62-year-old PKR adviser, was accused of sodomizing Saiful at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara, Kuala Lumpur, between 3.01pm and 4.30pm on June 26, 2008.

He has denied the charges and accused Najib and his wife Rosmah Mansor of collaborating with Saiful to frame him and derail his political comeback. At first Najib denied ever meeting Saiful, but later admitted to having met him. It was after this meeting that Saiful lodged the police complaint that led to the government's prosecution of Anwar.

Anwar's supporters have minced no words, lambasting Najib and his administration for bad faith and conspiracy. They also slammed the court for perceived lack of neutrality and rushing through the trial. Judge Mohd Zabidin had a day ago warned Karpal that the trial would go on even if he could not recover in time.

The 70-year old Karpal had taken ill over the weekend with diarrhea and suspected dengue. According to his aides, the dengue tests have turned out negative, but Karpal is still weak and not fully recovered.