High Court justice Mohamad Zabidin Mohd Diah rejected defence lawyer Karpal Singh's application to initiate contempt proceedings against Hospital Kuala Lumpur forensic pathologist Dr Siew Sheue Feng.However, the judge ordered that hospital's 'pro-forma' form - a standard format document on handling vistims of sexual abuse - be handed to the defence. The document has particulars of the medical examination conducted on sodomy complainant Mohd Saiful Bukhari Azlan.
The pro-forma form is a standard sexual assault victim guideline form which has to be filled in by physicians who examined the victim. It is learnt the pro-forma form issued by HKL has 17 pages, which also provides details of the patient or victim's medical history.It is believed to be separate from the doctor's medical notes.
Anwar in his supporting affidavit claimed that there was a threat made by the judge to intimidate him. The senior counsel said he feared a real danger of bias following the intimidation made, although the judge had withdrawn the statement. Anwar in his supporting affidavit quoted verbatim the court proceedings which began with Zabidin not abiding with the Supreme Court decision that all documents related to expert witnesses where the court could form an opinion should also be provided to the defence.
Anwar in his affidavit stressed that his application is based on intimidation made by the judge on his lawyer. “The right to a fair trial is of course a universal principle,” he said in the affidavit.
Judge: What you said can be constituted as contempt.
Karpal: The issue of contempt of court does not arise as I have to ensure the interests of my client.
Judge: The case of Zainur Zakaria is clear.
Karpal: The threat of contempt is unwarranted. You have to look at it objectively. To threaten us at this stage before filing is not right.
Judge: I am not saying contempt.
Karpal: To intimidate counsel is serious matter. To say it is contempt is unwarranted. We have a duty to perform to our client. This threat of contempt Yang Arif should withdraw.
Judge: Okay, I withdraw that.
Karpal: It is not proper for Yang Arif to have said that.
Judge: Okay! Okay! It's not proper.
Karpal says a motion has been filed to recuse the judge. Because of this, he does not want to continue cross-examining Siew and wants the application for recusal be heard tomorrow."Anwar is concerned (over whether) he would get a fair trial."
Judge will hear the recusal application tomorrow. Court adjourns.
source:malaysiakini
Do u think the Judge will recuse himself? Even a std 3 pupil will say 'नहीं [Nahi], नहीं,[Nahi], नहीं [Nahi] ; 不[bù], 不[bù], 不[bù]......
It does not take a rocket scientist to figure out the prosecution having a lot of najib...ooops sorry, najis in their case. And my 15 years old neighbour has this to say,"Hey uncle!! obviously there are two reports one-doctors' report and two-doctored report.....
Read 'Anwar claims ‘intimidation’ by sodomy trial judge' here.
cheers.
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