03 June, 2010

Sodomy case : "there was enough evidence of penetration even though there were no injuries."

The sodomy trial of Opposition Leader Anwar Ibrahim continues today, with a doctor who examined key witness Mohd Saiful Bukhari Azlan telling the High Court here that the presence of semen in the complainant's anal region was evidence of penile penetration.

However, said Dr Mohd Razali Ibrahim, a general surgeon at the Kuala lumpur Hospital (KLH), he coud not find injuries or trauma in the complainant's rectal area.

The doctor, who was on duty at 7pm on June 28, 2008 , said he received Saiful at the emergency unit.

Based on a chemist report produced in court, the doctor agreed with the prosecution that there was enough evidence of penetration even though there were no injuries.

The report also stated that swabs taken from Saiful's rectal area contained semen.

Razali said he examined Saiful, 25, on June 28 and took four swabs from him that day.

Questioned by lead prosecutor Solicitor-General II Mohd Yusof Zainal Abiden, Razali said the four swabs had revealed the presence of semen.

The four swabs, he said, were two high rectal swabs, one low rectal swab and one perianal swab.

"I would say there was penile penetration," added Razali, who has handled more than 100 cases involving anal region.

The second prosecution witness testified that it was also consistent with the allegation by Saiful that lubricant was used when he was sodomised by Anwar on June 26, 2008.

"Everything is consistent," the doctor said, causing those seated at the public gallery to whisper among each other.

Razali said he had examined the external area of Saiful's anus, which showed there was no injury, trauma or fissure.

"I found that the anal opening (perianal area) was moist. I found a small hemorrhoid (piles)," he told the court.

Razali said he had inserted a proctoscope (a medical device) into the complainant's rectum, with the aid of a gel, during the medical examination.

"After I put the proctoscope, we decided to take the samples by using the swabs provided," he said.

Questioned by Mohd Yusof, he confirmed that he took three swabs from the inside of the rectum area and one from outside.

"There is no tear or contact bleeding," he said.

At that time, said Razali, emergency care specialist Dr Khairul Nizam Hassan and forensic pathologist Dr Siew Sheue Feng were present.

"I passed each swab to Dr Siew as he is in charge of those things. He put it into a container and wrapped it," added Razali.

He said the swabs were sealed by Siew, from the Forensic Medicine department, who handed over the specimens to investigating officer DSP Judy Blacious Pereira on June 29, 2008, for laboratory analysis.

Asked on the content of a medical report prepared by him and two others, Razali said they stated that there was no conclusive clinical findings suggestive of penetration to the anus and no significant defensive wound on the complainant's body.

However, he added, the medical report did not mean that there was no evidence of penetration.

"It is a complete report without knowing the location (of the samples taken)."

Razali said he was made known of the location of the samples taken from the complainant and laboratory reports for the first time Thursday. This enabled him to make a definitive conclusion over the evidence of penetration.

"With all (these) reports I have now, there is evidence of penetration even without the clinical injuries (found on the complainant)," he said.

To a question, he agreed that the presence of semen also showed that there was anal penetration.

Anwar Ibrahim, facing his second sodomy trial in twelve years, pointed out that today's testimony by a Hospital Kuala Lumpur (HKL) doctor that a semen sample was found in his accuser's anus could be challenged.

He also painted a picture that the DNA specimen recovered or whatever semen sample found could have been planted.

Anwar revealed that Australian forensic specialist Dr David Wells had described the procedures employed by HKL to be irregular.

"The doctor did say on assumption of the discovery of semen [...] all this is based on assumption on this and that. He only said 'this is our conclusive finding' but on the assumption of the presence of the semen sample," said Anwar

Asked whether he was shocked with the doctor's testimony that a semen sample was found, Anwar said the witness did not establish that the sample was his.

"You will be surprised if you get the report. They say semen and DNA samples were found of two people. This is indeed a Bollywood drama," he said.

"This is all a political battle against Anwar. It is clear. You will be surprised to know whose semen it is," he said, adding the sample could have been planted.

Anwar also charged that the prosecution was not telling the truth when they said they could not allow the defence access to the semen sample taken because 'there was only one'.

He pointed out that Razali Ibrahim did say that the hospital had kept two sets of the samples for control.

"This is something new (what the doctor said). He said he had some specimens. However, the police and the prosecution said there were no specimens left."

"But now after one and a half years, there is this specimen left. All this is very irregular."

"I will leave it to the lawyers. I am not worried at all. After 12 years of media propaganda, it has no effect on me."

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