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Categories
| Update Court orders release of evidence for Anwar sodomy trial |
| Politics & Government 2009 | |||
| Written by Chua Sue-Ann | |||
| Thursday, 16 July 2009 11:26 | |||
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Judge Datuk Mohamad Zabidin Mohd Diah made the ruling after hearing submissions on Wednesday and today, and ordered the release of the following items: - A copy of CCTV recordings, between June 25 to June 27, from three cameras at the Desa Damansara Condominium, where the alleged sodomy took place. - Copies of notes by Hospital Kuala Lumpur (HKL) doctors who examined Mohd Saiful Bukhari Azlan on June 28, - Photographs, notes and Saiful's proctoscopy report conducted by HKL. - Hospital Pusrawi's medical report and examination notes on Saiful. - Any statement of fact that favours defence's case. - Any documents or possessions that would not be used by prosecution. - Copies of prosecution's witness list and witness statements by Saiful, Hassanudin Abdul Hamid (who owns the condominium unit), Nursham, Muhamad Rahimi Osman (Anwar's aide), Mohd Rasid Mohd Rosdi, Dr Osman Abdul Hamid (Pusrawi doctor who examined Saiful). In ordering the release of witness statements, Zabidin said: "In this case there is nothing to suggest that giving copies of the witness statements would prejudice prosecution's case or affect public interest." Zabidin made no order on the request for a video recording of Saiful's statement on June 30, because the latter's statement would be made available to defence. The judge rejected Anwar's request for original or specimen DNA samples said to be taken from Saiful and the condominium unit. He said investigating officer Judy Blacious Pereira, in a sworn statement, said the samples were sealed and therefore cannot be released until it had been produced in court. After the samples were admitted, Anwar's lawyers can apply to examine the samples, Zabidin said. The judge however ordered prosecution to release copies of photographs of the sample slides and copies of the chemist's notes on the analysis performed on the alleged DNA samples. Defence can examine the sample slides under supervision of the investigating officer and chemist, Zabidin said. Prosecution had earlier provided Anwar's lawyers with a CD copy of the condominium's CCTV recording on June 26, copies of the electropherogram of the alleged DNA samples, Hospital Pusrawi's notes on Saiful's medical examination and a statement made under Section 51A(1)(c) stating there were no facts favourable to Anwar's case. Zabidin ordered prosecution to release the granted items within 10 days of the ruling. However, Solicitor-General II Datuk Mohd Yusof Zainal Abiden then said tomorrow prosecution will file a notice of motion to appeal and for a stay of the decision. The Kuala Lumpur High Court has fixed July 24 to mention Anwar's application to strike out the sodomy charge. Anwar later told reporters that while he was "glad" with the decision, he was still dissatisfied that the judge had not ordered the release of DNA samples. He added he would seek legal advice on the possibility of filing an appeal in another bid to obtain the DNA samples ahead of the trial.
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