Aussie forensic expert : Hamstrung without documents.......

The defence in the Anwar Ibrahim sodomy trial has applied for the supply of all clinical notes, reports, materials, specimens and other notes by the three Kuala Lumpur Hospital doctors. It also wants a complete medical history of the alleged victim Mohd Saiful Bukhari Azlan's examination at the hospital.

In addition they want the prosecution to hand over the standard sexual assault equipment and kits used in the examination. The defence also wants to know the qualification and experience of the three doctors - Dr Khairul Nizam Hassan, Dr Mohd Razali Ibrahim and Dr Siew Sheue Feng.

This follows the filing of the motion by the opposition leader this morning to obtain the documents. The reason for the move is that Australian forensic expert, Dr David Wells had complained that he would not be able to advise the defence team unless such documents were at hand.

In Dr Wells's supporting affidavit to the motion, the Professor at Victoria Institute of Forensic Medicine said that his capacity to advise the solicitors had been severely compromised by the absence of the documents.

"For any meaningful advice to the applicant's solicitors it is pertinent and essential to have sight of all documents and materials."

The restrictive ruling on providing such documentary evidence was handed down by the Federal Court, when the defence , even before the trial proper commenced had applied for the prosecution to provide them with all the necessary documents. However, the Federal Court ruled that it was not necessary as the application could be made during the course of a trial.

Law amendment a hinderance

With this restrictive ruling if Anwar's defence wanted to apply for documents or any other evidence, it would have to submit an application like this notice of motion. Normally, in all criminal cases all documentary evidence is provided before the start of a trial. This follows provision of and amendments to Section 51 of the Criminal Procedure Code.

Anwar's lawyer had on the outset applied for such documents to be handed over for a smooth running of the trial and to prevent any trial by ambush. However, as in Anwar's case the apex court ruling may set a dangerous precedent in limiting the provision of such documents and evidence before a trial. Judge Mohd Zabidin Mohd Diah has fixed June 18 to hear submissions on the notice of motion.

source:malaysiakini

Any Tom Dick and Harry knows that, but our prosecutors are real dumb ass and refused such request, because it's not in the script and needed clearance from Putrajaya first.......

cheers.

Semen find a Bollywood drama........

Opposition leader Anwar Ibrahim, facing his second sodomy trial in 12 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. Wells, who is from the Victorian Institute of Forensic Medicine and who is a criminology professor at University of Melbourne, arrived this morning to assist Anwar's defence team.

When asked whether today's testimony was damaging, Anwar said this had been done to him for the past 12 years. "I am not worried about that." 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.

Prosecution 'did not reveal the truth'

Anwar's lead counsel Karpal Singh had also stated that today's proceeding did not determine who the semen sample belonged to and that it could have been introduced artificially. In today's testimony, HKL's Dr Mohamad Razali Ibrahim testified regarding the discovery of two male DNA samples on three cotton swabs. The samples were retrieved from the upper and lower rectum area of the complainant Mohd Saiful Bukhari Azlan.

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."

Another of Anwar's lawyer Sankara Nair said much will be done during cross-examination and was hoping for more time. He also complained that they have yet to receive notes of the proceedings. Describing the medical report as 'a half report', he said it was 'quick' of Razali to come to the conclusion that there was penetration.

"A specialist requires a person to be trained and qualified. You must be a specialist to come to a second conclusion," he said.

"We are looking for a professional opinion and I think this is not (conclusive) proof," he said.

'Oath wasn't pre-planned'

During today's trial, Saiful told the court that he did not plan on the eve of the Permatang Pauh by-election nomination day two years ago to swear on the Quran at the Federal Territory Mosque that he was sodomised by Anwar. Saiful said the timing was a coincidence confidence. He also agreed that he had made a posting on his blog on Aug 2, 2008 wishing Anwar well in the Permatang Puah contest.

He was then asked several times by Karpal whether he had lied in his life to which Saiful agreed that he has lied before but denied doing so when under oath. Asked again on his younger sister Saidati Adha, Saiful maintained that he was not certain whether his sister was married. Saiful had previously testified that Saidati had eloped with Faez Khairi.

When pressed by Karpal whether he knew Faez, Saiful said he agreed that Faez was married to his sister and also agreed he had met his brother-in-law twice. Faez held a press conference yesterday to refute Saiful's testimony in court earlier this week that he (Faez) had eloped with Saiful's sister and that they were not married.-Hafiz Yatim

source:malaysiakini

Dr Mohamad Razali Ibrahim testified regarding the discovery of two male DNA samples on three cotton swabs.

The semen were said to be from 2 males found on saiful's anus? Whose? or Saifool isn't telling the truth.

Committing a murder is a sin but committing fitnah is a bigger sin........

cheers.

Sodomy II - No tear or injury, but got penetration.....

The sodomy trial of Datuk Seri Anwar Ibrahim took a graphic turn today when a government doctor testified that evidence of semen in the complainant’s anal region was sufficient to indicate penetration.

Dr Mohd Razali Ibrahim, one of the three doctors who had examined Anwar’s accuser, Mohd Saiful Bukhari Azlan, on June 28, 2008, said the swab samples taken from Saiful’s anus showed signs of semen, but that there was no tear or injury to the anus. The examination was done two days after the alleged sodomy.

“With all the reports before me now, I would say that there is evidence of penetration even without clinical injuries.

“With presence of semen, there is evidence of anal penetration,” said Dr Razali in response to the prosecution’s questions in court today.

Solicitor-General II Datuk Yusof Zainal Abiden had earlier asked Dr Razali about his own report dated June 28, which stated that there were “no injuries, no tear... no conclusive findings of penetration to the rectum.”

The doctor explained that, at the time, he had no knowledge of the location of swab samples which were taken from Saiful.

“I checked and found around anal anatomy appears to be moist, but I can’t find evidence of injury or trauma.”

“I only found small haemorrhoids, which is not significant in this case,” he said.

The swab samples, according to another report, had evidence of semen.

The report was only made known to Dr Razali today by the prosecution during questioning.

This led Dr Razali to change his conclusion based on the new report, which shed light on the areas from which the swab samples had been taken.

He read out the report which stated swab samples B5, B7, B8, and B9 as containing semen.

It is understood that swabs B5, B7, B8, and B9 were taken respectively from the perianal region, high rectal swab, and low rectal swab.

“I would conclude (now) there is evidence of penetration,” said Razali.

Anwar’s counsel, Karpal Singh, is expected to cross-examine the doctor next.

source:malaysiainsider

Dr.Razali confirms that no conclusive evidence of penetration, as per his report made on 28th June 08, but due to traces of semen found, the sodomy could have taken place. Oh my god, how did the semen got there? via bluetooth or twitter?

Saiful said he did not shit and wash his ass for 3 days. So the doctor must also found traces of unwashed shit too.......

The swab samples taken from Saiful’s anus showed signs of semen, but that there was no tear or injury to the anus. The swab samples, according to another report, had evidence of semen. Obviously,the semen was planted without prior knowledge of the doctor and when the report was produce for the first time in court, he came to the conclusion that there is no tear or injury but got penetration..........

1Malaysia punya doctor!!!!

cheers.

Saiful's testimony misleading says brother-in-law......

A 27-year-old man today refuted a testimony by Mohd Saiful Bukhari Azlan in court earlier this week that he had run away with Saiful's sister.Faez Khairi said Saiful's sister, Saidati Adha, willingly followed him to southern Thailand and married him.

"I understand that Saiful had given testimony in court on Monday, where he said Saidati had run away with me and (that) my marriage is illegal."

"I would like to state that I married Saidati on March 2, 2009, legally. I never took her away. In fact, she wanted to follow me," he told a press conference in Kuala Lumpur today.

At the Sodomy II trial on Monday, Anwar Ibrahim's defence lawyer Karpal Singh had asked Saiful about his parents and sister. Saiful had then said that he was not sure whether his sister and Faez had gotten married in Thailand. At the press conference today in which he was accompanied by lawyer N Surendran, Faez said he had wanted to get married to Saidati in Malaysia. Saidati did not agree, however, saying her father was not close to her following her parents' divorce all which resulted in them getting married in Thailand.

Still married'

Upon their return, Faez added, his father-in-law had thrown away their marriage certificate. This forced him to obtain another copy from Thailand, which he showed to the press. Faez also claimed that his father-in-law subsequently tried to force him to divorce Saidati. "However, I disagreed, and did not sign any (divorce) documents," he said.

Faez, who is now in Ipoh, insisted they are still legally married, although she does not stay with him. Saidati is now studying at UiTM. Faez said they are in the process of registering their marriage here. Expressing regret that the sanctity of his marriage had been publicly brought to question by Saiful, Faez said Saiful must have known that Saidati was still married to him as he and Saiful had met on two occasions since the marriage. Stating that he wanted to set the record straight, Faez said he also wanted to clear his name and reputation in asserting that his marriage is legal.

“Saiful's testimony in court has embarrassed me,” said Faez, who was formerly a chef but is now unemployed. Surendran said today's press conference was held in order to clarify the issue.

Informing the public

While the integrity of his marriage had been brought to question, his client was unable to set the record straight in court as he was not a witness in the sodomy trial.

"He may not have an opportunity to clear what has happened. It (Saiful's testimony) was personal and serious in nature in a highly reported trial.

"Hence, it is vital he inform the public to clarify the matter," said Surendran.

He said further that he did not fault Anwar's defence team for raising the question as it was their right to do so. What was important, said Surendran, was that the witness testify truthfully.-Hafiz Yatim

Baca di sini.

source:malaysiakini

Kalu penipu,tetap penipu juga.........

cheers.

Scorpene: Pejabat DCNS diserbu Polis Perancis.....

Polis Perancis menyerbu pejabat pengeluar senjata DCNS dan kumpulan industri Thales berhubung siasatan terhadap penjualan kapal selam kepada Malaysia, demikian menurut sumber kehakiman semalam. Dokumen-dokumen dirampas dalam serbuan tersebut minggu lalu, tambah sumber itu.Thales enggan mengulas perkara itu, manakala DCNS memberitahu AFP bahawa ia "tidak mengesah atau menafikan maklumat tersebut."

"Satu siasatan sedang dijalankan dan kami tidak boleh memberi sebarang komen."

Mac lalu, Pejabat pendakwaraya Paris memulakan siasatan terhadap penjualan kapal selam tersebut pada tahun 2002 ekoran aduan yang dibuat oleh badan hak asasi manusia dari Malaysia, Suaram. Suaram mendakwa Armaris - anak syarikat Thales dan DCN - telah membayar komisyen sebanyak 114 juta euro kepada syarikat Malaysia Perimekar, yang dikaitkan dengan individu yang rapat dengan Perdana Menteri sekarang, Datuk Seri Najib Tun Razak .

Najib merupakan merupakan menteri pertahanan pada tahun 2002 dan bertanggungjawab dalam rundingan kontrak tersebut. Sejak tahun 2000, bayaran komisyen bagi kontrak yang berkaitan dengan pemimpin asing merupakan satu rasuah di bawah undang-undang Perancis.

Pada 2002, The DCN menyertai Thales dan kumpulan pembinaan Navantia dalam kontrak untuk menjual tiga kapal selam kepada Malaysia pada sekitar harga satu bilion euro.

Lewat April lalu, seorang jurucakap Pejabat Perdana Menteri menegaskan bahawa "tiada kes" untuk dijawab. Menurutnya, urusniaga tersebut bebas daripada rasuah dan tidak benar Perimekar mendapat manfaat secara tidak betul daripada urusniaga tersebut.

Read here and here.

source:AFP

Belanja 1 bilion euros untuk beli 3 kapal selam, dan dalam pada itu pula membayar 114 million euros sebagai "commission" kepada sebuah syarikat RM2.00, Perimekar kepunyaan Abdul Razak Baginda, rakan karib Najib 1Malaysia dan Bik Mama.

Idris Jala buat sibukmenuduh bahawa dengan subsidi gula dan petrol untuk rakyat boleh bankrapkan negara. Tapi, apa cerita komisyen 114 billion euros daripada pembelian kapal selam tersebut yang sepatutnya dipulangkan kepada gomen tapi secara senyap-senyap dimasukkan dalam akaun sebuah syarikat perseorangan,Perimekar. Bukankah itu adalah rasuah.

Rasuah adalah punca utama negara menjadi bankrap bukan kerana subsidi.

Target 1Malaysia negara maju melalui wawasan 2020, tapi pada 2019 1Malaysia akan jadi bankrap kata Idris Jala.

Thanks to our corrupted leaders!! and Let us send the Altantunya murderers to hell.........

cheers.

1Malaysia cabinet chock-full of 1Senators........

Najib announced the appointment of 5 Senators and 2 Members of Parliament as Federal Deputy Ministers in a Cabinet reshuffle to be effective Friday.They are:
1. Senator Datuk Maglin Dennis D'Cruz as the Deputy Minister of Information, Communications and Culture
2. Senator Datuk G. Palanivel as the Deputy Minister of Plantation Industries and Commodities
3. Serian Member of Parliament Datuk Richard Riot as Deputy Foreign Minister
4. MP for Labis Chua Tee Yong as Deputy Minister of Agriculture and Agro-Based Industry
5. Senator Datuk Donald Lim Siang Chai as Deputy Finance Minister
6. Senator Gan Ping Shou as Deputy Minister of Youth and Sports
7. Senator Heng Seai Kie (formerly deputy minister information, communications and culture) as Deputy Minister of Women, Family and Community Development Minister
8. Datuk Lee Chee Leong (formerly deputy minister foreign affairs) as the Deputy Minister for the Home Ministry
9. Datuk Rohani Abdul Karim (formerly deputy minister agriculture and agro-based Industry) as the Deputy Minister for Domestic Trade and Consumer Affairs
10.Jelaing anak Mersat (formerly deputy minister home ministry) as the Deputy Minister for Transport -- theSun

Meanwhile, Pakatan Rakyat leaders slammed Prime Minister Najib Razak for "setting the dubious record" of leading a cabinet with the most unelected representatives. DAP supremo Lim Kit Siang challenged the Najib to compel the new senators-turned-deputy ministers to stand for elections to prove their level of support.

"Ask these new senators to stand for election so that they have the mandate of the people," he told reporters after the Pakatan Rakyat supreme council meeting in Petaling Jaya today.

"We will have more by-elections and it will be good for the people, as in Sibu where the (federal government) poured tens of millions of ringgit and the PM visited twice in 10 days," he said tongue-in-cheek.

He added that the 'mini-cabinet reshuffle' is turning the cabinet into the Dewan Negara, oft-criticised as irrelevant, and supports calls for parliamentary reforms. Lim also took a potshot at Palanivel, stating that he "was not fit to stand as a candidate in Hulu Selangor" but apparently fit to be part of the cabinet. With this, it is roughly a quarter of the deputy ministers posts are held by non-elected representatives.

Read here.

source:malaysiakini


Btw. With Ong Tee Keat gone, the PKFZ scandal is buried with his departure!!

Ayo...ayo KJ and Senator "kotak" Ezam, will be crying for 3 days and 3 nights.........

cheers.

1Malaysia kutuk 1Isreal........

Malaysia hari ini mengutuk serangan tentera Israel terhadap armada kapal kecil membawa bantuan kemanusiaan yang sedang dalam perjalanan ke Semenanjung Gaza di perairan antarabangsa, yang jelas merupakan "satu pencabulan serius undang-undang antarabangsa".

Menteri Luar Datuk Seri Anifah Aman berkata Malaysia mahu Israel menghentikan segera layanan buruk dan tidak berperikemanusiaan terhadap para sukarelawan dan mendesak supaya mereka dibebaskan segera."  Beliau turut meminta Majlis Keselamatan Pertubuhan Bangsa-bangsa Bersatu mengadakan mesyuarat tergempar berhubung perkara itu bagi membincangkan tindakan jenayah Israel terhadap para aktivitis kemanusiaan.

Selain itu, PBB juga hendaklah menarik balik sekatan tidak berperikemanusiaan di Gaza, katanya dalam satu kenyataan di sini.

source:bernama

Bukankah lebih bermakna bagi 1Malaysia, daripada membayar RM 77 juta kepada syarikat 1Israel APCO itu, wang RM 77 juta itu disumbang kepada rakyat Palestin yang tertindas di Gaza....

cheers.

Dunia kutuk kekejaman 1Isreal, tapi 1Malaysia masih berpeluk dengan APCO.......,

Dewan Pemuda PAS Pusat (DPPP) bersama Gerakan Pemuda Islam Sedunia dan NGO dari 73 buah negara yang sedang bersidang di Istanbul, Turki hari ini sebulat suara menentang keras tindakan 'kebinatangan' rejim zionis Israel menyerang deligasi Misi Bantuan Kemanusian Gaza awal pagi ini waktu Malaysia.

Ketua Pemuda PAS Pusat, Nasrudin Hassan yang menyertai persidangan tersebut berkata, satu pelan tindakan bersepadu oleh pemuda-pemuda Islam seluruh dunia akan dibentuk bagi menangani konflik itu. Ekoran perkembangan itu juga, DPPP mengarahkan pemuda PAS seluruh negara supaya mengadakan solat hajat dan bacaan qunut nazilah selama sebulan berturut-turut bermula hari ini. Ianya bagi mendoakan keselamatan umat Islam di Palestin dan sekaligus menghancurkan Zionis Israel.

Misi Kemanusiaan yang dianjurkan oleh NGO-NGO antarabangsa disertai hampir 800 sukarelawan yang turut disertai wakil dari NGO Islam dari Malaysia (Yayasan Amal Malaysia) telah berlepas semalam (30 Mei 2010) melalui pelabuhan Anatolia Turki.Misi ini bertujuan untuk menghantar bekalan makanan dan ubat-ubatan ke Gaza yang di mana umat Islam Palestin di Gaza dinafikan hak mereka oleh rejim zionis Israel. Serangan oleh tentera rejim zionis awal pagi ini, setakat ini, telah mengakibatkan 20 orang sukarelawan antarabangsa terbunuh.

"Tindakan zalim dan kebinatangan ini tidak boleh diterima oleh masyarakat antarabangsa kerana ianya jelas bertentangan dengan deklarasi Hak Asasi Manusia Antarabangsa 1948 yang dipersetujui bersama di bawah payung Pertubuhan Bangsa-Bangsa Bersatu," kata Nasrudin dalam satu kenyataan kepada Harakahdaily.

Beliau juga mendakwa kerajaan Malaysia bersikap ‘double standard‘ kerana begitu bacul untuk menyatakan sokongan terhadap perjuangan kerajaan Hamas yang jelas membela rakyat Palestin yang tertindas di Gaza.

"Sikap kerajaan Malaysia yang enggan mengiktiraf Kerajaan Hamas di Gaza jelas menunjukkan bahawa Malaysia masih takut terhadap bayang-bayang dari Amerika Syarikat dan sekutunya apatah lagi setelah Malaysia dipanggil untuk mengadap Presiden Obama dan diarahkan untuk menghentikan bekalan gasolin ke Iran oleh Obama," jelasnya. OIC dan PBB juga turut didesak agar mengambil tindakan drastik menangani isu ini.

Dalam pada itu, DPPP merakamkan ucapan takziah kepada keluarga mereka yang terkorban dalam serangan tersebut berikrar untuk terus menentang segala kekejaman rejim zionis Israel sehingga keadilan sejagat tercapai. Sehubungan itu rakyat Malaysia diseru untuk bersama menyatakan bantahan di hadapan Kedutaan Amerika, Jumaat ini.

source:rakyat marhaen

cheers.