Anwar wins access to proforma report

Karpal had sought to have Dr Siew cited for contempt of court. — file pic

KUALA LUMPUR, Nov 24 — The High Court here today granted Datuk Seri Anwar Ibrahim access to a proforma report prepared by Dr Siew Sheue Feng, but declined to cite the doctor for contempt of court.

In his decision today Judge Datuk Mohd Zabidin Mohd Diah said that Section 161 of the Evidence Act gave the defence the right to examine documents.

“I hereby allow the proforma report to be given to the defence,” said Mohd Zabidin.

At the same time, however, the judge dismissed the defence’s bid to have Dr Siew, a witness in the Sodomy II trial, cited for contempt of court.

Yesterday, lead defence counsel Karpal Singh claimed that Dr Siew, a Hospital Kuala Lumpur (HKL) forensic pathologist Dr Siew Sheue Feng and the prosecution’s third witness, had committed an offence punishable under the Penal Code “for interfering with the administration of justice.”

Karpal’s contention was that Dr Siew, who had refused to produce or refer to a proforma report during the cross-examination, had in fact referred to it during a court recess yesterday.

Anwar’s team had wanted Dr Siew to refer to and produce the said report during the cross-examination, but Dr Siew refused, despite him not being able to remember parts of the report.

A proforma report is a form or a list prepared by a doctor before performing an examination on a patient.

‎Today, Mohd Zabidin ruled that Dr Siew’s action was not in contempt of court.

“To my mind the witness can look at the notes during the cross-examination... [the] application to cite witness for contempt of court is hereby dismissed,” said Mohd Zabidin.

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