A forensic pathologist told the High Court today that there was evidence of anal penetration on the complainant in the Datuk Seri Anwar Ibrahim sodomy trial, although he admitted his medical report was not comprehensive nor complete.
Dr Siew Sheue Feng, 40, who is with Hospital Kuala Lumpur (HKL), said the report prepared on July 13, 2008 was not conclusive because it did not include the site where the swab stick samples from Mohd Saiful Azlan Bukhari, the lead witness in the case, were taken from.
However, when asked by DPP Datuk Nordin Hassan if the chemistry report, which indicated male DNA samples present on the swabs, taken with Saiful’s history (medical background), was consistent with penile penetration, Siew agreed.
Siew was one of two doctors from HKL who testified in the sodomy trial of the opposition leader today.
The other doctor, Dr Khairul Nizam Hassan, 40, an Emergency and Trauma Department specialist, also testified that his report was incomplete as it did not identify the site of the sampling and did not include the chemistry report on the swab samples.
(The swab samples for the presence of semen taken from Saiful’s private parts were sent to the department of forensic medicine for analysis and the chemistry report was prepared on July 11, 2008, but was not included in the doctors’ report which was made two days later.)
Siew also testified that he had taken Saiful’s "history" and that the complainant had informed him that he had been sodomised over the past two months by a well-known public figure.
Siew said he then asked specific questions such as whether a condom was used, to which Saiful replied: "No condom was used but lubricant was used."
Siew said he asked Saiful whether any force was used and was told "No".
Saiful also told him that he had gone to a private hospital (Pusrawi) before coming to Hospital Kuala Lumpur.
Nordin asked Siew to read out the "history" part on the medical report (which was prepared by him and two other doctors).
Siew then read out: "23-year-old Malay gentleman, who was allegedly sodomised by a well-known public figure for the past two months. The latest incident took place in the afternoon of June 26, 2008."
Nordin read the report prepared by Khairul, Siew and another doctor, Dr Mohd Razali Ibrahim (who was the second witness to testify in the trial after Saiful), in which, it is stated that "no conclusive clinical findings suggestive of penetration to the anus/rectum and no significant defensive wound on the body of the patient."
Nordin asked if this statement mean that there was no penetration at all, and both Siew and Khairul said no. Asked if penetration can happen without any sign of injury, both said "yes".
When asked under what circumstances penetration can happen without injury, Khairul, in his testimony, mentioned three things: delay in the time taken from the incident to the victim seeking medical attention, the lack of resistance and the use of lubricants.
The cross examination of the three doctors will take place on Oct 25.
Anwar, the 62-year-old PKR de facto leader, is charged with sodomising Saiful at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara here between 3.01pm and 4.30pm on June 26, 2008.
Earlier this morning, lead defence counsel Karpal Singh informed the court that they intended to file an application for contempt of court over media reports on the trial.
Judge Datuk Mohd Zabidin Diah said Karpal would first need to file an application for leave for the court to make a decision.
When approached outside of the court, Anwar’s defence counsel S. N. Nair said matters in the court should not be commented upon in the press or anywhere when the trial is on going.
He said press reports may amount to a subjudice which may affect the integrity of trial.
"The comments on the trial, especially evidence, would be in our opinion, constitute contempt," said Nair.
He said the defence is expected to file the application next week.
Two Malaysian doctors testified on Thursday that the young man who accused opposition leader Anwar Ibrahim of sodomy provided them with enough medical proof of being involved in anal sex.
The testimony forms a key part of efforts by prosecutors to prove that Anwar sodomized his former aide, Saiful Bukhari Azlan. Anwar claims the charge was fabricated by the ruling coalition to crush his political threat.
Anwar, a 63-year-old married father of six, could be jailed for up to 20 years if convicted of sodomy under laws that make both consensual and nonconsensual anal sex a criminal act in this Muslim-majority country.
A medical examination of Saiful two days after the alleged sodomy in June 2008 showed no physical scarring linked to anal sex, but doctors Siew Sheue Feng and Khairul Nizam Hassan told the Kuala Lumpur High Court that semen traces were found in swab samples taken from Saiful.
The samples were “evidence of sexual penetration,” Siew said.
Prosecutors are expected to present further evidence to try to prove the semen was Anwar’s.
Anwar’s lawyer, Sankara Nair, told reporters that the defense had sufficient evidence to “demolish the testimony” of the two doctors and their colleague who testified in hearings earlier this year.
The three witnesses are scheduled to be cross-examined when the trial resumes on Oct. 25.
Anwar maintains that the charge was concocted to remove him from politics after his opposition alliance made unprecedented gains during 2008 elections and threatened to oust the ruling coalition.
Prime Minister Najib Razak has denied any conspiracy, but acknowledged meeting Saiful soon before he filed a police complaint making the accusations.
Anwar was charged with sodomy in mid-2008 but has remained free on bail.
The trial began earlier this year following failed attempts by the defense to have the case thrown out for lack of evidence.
It is the second time Anwar has stood trial for sodomy.
In 1998, he was fired as deputy prime minister and spent six years in prison after being convicted of sodomy and abuse of power.
A court overturned the sodomy conviction and freed him in 2004.
