Opposition Leader Datuk Seri Anwar Ibrahim is seeking to get all documents and materials from three government doctors to enable an Australian expert to assist him in his sodomy charge.
Lead defence counsel Karpal Singh, who filed a notice of motion at the High Court criminal registry yesterday morning, described the application as important as it would set a precedent on the amount of documents which could be made available to the defence during a trial.
Anwar is applying for all clinical notes, reports, materials, specimens and other information in the form of e-mails or or others made by Emergency Care specialist Dr Khairul Nizam Hassan, general surgeon Dr Mohd Razali Ibrahim and forensic pathologist Dr Siew Sheue Feng in relation to the examination of complainant Mohd Saiful Bukhari Azlan.
He is also seeking to get a complete medical history of Mohd Saiful, 25, from Hospital Kuala Lumpur.
The PKR adviser is also seeking to get a copy of the standard sexual assault form prepared in his case and sexual assault kits used by the three doctors to examine Mohd Saiful, and the doctors qualifications and experience.
Anwar, 63, claimed that Dr Mohd Razali's evidence on Thursday contradicted the findings compiled in a clinical forensic report dated July 13, 2008.
Anwar claimed the doctors were privy to the contents of an earlier report by chemist Dr Seah Lay Hong on the laboratory analysis.
Dr Mohd Razali testified on Thursday that he was informed of the locations of the four samples taken from Saiful and the laboratory reports which enabled him to make a definitive conclusion that the presence of semen in the specimens proved there was anal penetration.
Prof David Lawrence Noel Wells of the Victoria Institute of Forensic Medicine, in his affidavit filed yesterday, said his capacity to advise Anwar's defence team was severely compromised by the non-availability of documents and materials.
Prof Wells said that it was pertinent and essential to have access to the documents and materials as he had been consulted by Anwar to give expert evidence.
At the proceedings yesterday, Karpal applied for the application to be heard and disposed before the sodomy trial resumed on July 14.
Lead prosecutor Solicitor-General II Datuk Mohd Yusof Zainal Abiden applied for Karpal to indicate the law that the defence was citing to address the matter.
Justice Mohamad Zabidin Mohd Diah then ordered the parties to file written submissions.
Speaking to reporters later, Karpal said the application was made in relation to the Feb 25 Federal Court ruling on its refusal to order the prosecution to supply certain documents to Anwar.
"The Federal Court held that an application could be made in the course of the trial.
"We need those documents and materials as we are not accepting the evidence given by this doctor (Dr Mohd Razali)," he said.
He said the application would be heard by Justice Mohamad Zabidin on June 18.
