Sodomy II: Doctor agrees with evidence of penetration (Updated)
KUALA LUMPUR: A surgeon told the sodomy trial of Opposition leader Datuk Seri Anwar Ibrahim that the presence of semen in the complainant’s anal region was evidence of penile penetration.
Dr Mohd Razali Ibrahim, a general surgeon at Hospital Kuala Lumpur, said he had examined complainant Mohd Saiful Bukhari Azlan on June 28, 2008 and took four swabs from him that day.
Questioned by lead prosecutor Solicitor-General II Datuk Mohd Yusof Zainal Abiden on Thursday, Dr Mohd 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,” said Dr Mohd 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 Mohd Saiful that lubricant was used when he was sodomised by Anwar on June 26, 2008.
“Everything is consistent,” he said, causing those seated at the public gallery to whisper among each other.
Dr Mohd Razali said he had examined the external area of Mohd Saiful’s anus which showed that there were no injury or trauma or fissure.
“I found that the anal opening (perianal area) was moist. I found a small hemorrhoid (piles),” he told High Court judge Justice Mohamad Zabidin Mohd Diah.
He 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, he said 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,” he said.
He said the swabs were sealed by Dr 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, Dr Mohd 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, Dr Mohd Razali said 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),” he said.
He said he was made known of the location of the samples taken from the complainant and laboratory reports Thursday for the first time, which 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.
The judge then allowed an application by Anwar’s lead counsel Karpal Singh to cross-examine the surgeon Friday after consulting their Melbourne-based expert, Associate Professor David Lawrence Noel Wells.
Dr Wells, who is division head (clinical foreign medicine) of Victoria Institute of Forensic Medicine, sat beside the defence team in court and was seen taking notes during the proceedings.
Anwar, 63, is facing the charge of sodomising his former personal aide at the Desa Damansara Condominium in Bukit Damansara on June 26, 2008.
Earlier THursday, Anwar Ibrahim told the court that he was in another unit of the condominium during the alleged sodomy incident.
Karpal made this suggestion when he cross-examined Mohd Saiful.
Mohd Saiful, 25, however, disagreed that Anwar was in the condominium unit 11-5-2 on the day of the alleged sodomy.
“I apply to ask the time. He was at the 11-5-1,” he told the packed courtroom.
He insisted that Anwar, 63, was in the condominium unit 11-5-1 where he was allegedly sodomised by the PKR leader.
When questioned by Karpal that he lied in his evidence over the incident, he denied do so.
At this juncture, Karpal said the defence put forward that its client had an alibi.
The veteran lawyer said the defence had already tendered a notice of alibi over this to the court at the outset of the sodomy trial.
The court then proceeded to be held in closed proceedings for 14 minutes upon an application by Karpal.
Speaking to reporters later, Anwar’s lawyer Sankara Nair said Anwar’s alibi was that he was with several people, including the condominium unit owner, on the time of the alleged incident.
Sankara also said that the defence team had visited the 11-5-2 condominium unit at 9am for 15 minutes for the purpose of cross-examining Mohd Saiful.
The hearing continues Friday.
Related Stories: Anwar trial put off until Aussie expert arrives Saiful: Najib told me it was a personal problem Lawyers to visit condominium today to ‘refresh their memory’ Sodomy II: Defence team cannot access condo unit, trial adjourned (Updated)
Read more at http://www.thestar.com.my/news/nation/2010/06/03/sodomy-ii-doctor-agrees-with-evidence-of-penetration-updated/#0ZSKkG2k7TBtfp6u.99