HKL Medical Report: No sign of Penetration
www. malaysiakini.com
June 18, 2009
by S Pathmawathy
Opposition Leader Anwar Ibrahim’s lawyers today disclosed that the most important element needed to stick a sodomy charge on the politician was missing from a report prepared by Hospital Kuala Lumpur (HKL).
They said that the medical report released by the hospital has revealed that there was no evidence of penetration on Mohd Saiful Bukhari Azlan – the complainant on whom the criminal case was based.
A copy of the medical report was attached to an affidavit filed by Anwar yesterday to strike out the sodomy charges.
Saiful: Allowed himself to be used and abused by UMNO
The court is to hear the case beginning July 1.
The medical report was dated July 13, 2008 and was endorsed by three specialists from the government hospital. Part of the report, which was provided to members of media today by Anwar’s lawyers, stated: “No conclusive clinical findings suggestive of penetration to the anus and no significant defensive wound on the body of the patient (Mohd Saiful)”.
“The most vital evidence in a rape or sodomy charge is to show proof of penetration,” said Anwar’s lawyer Amer Hamzah Arshad.
“And it is missing in this case,” he added. If this is the case, the medical report from HKL tallied with another medical report from Hospital Pusrawi (Pusat Rawatan Islam).
Saiful had went to the private hospital for a medical examination before being asked to go to HKL should he want to lodge a police report for sodomy.
The Pusrawi’s medical report, which was leaked to Malaysiakini in July last year, also said there was no sign of anal penetration following a physical examination of Saiful.
Come on. You should know by now that it was ‘Non-anal sodomy.
Our CMO will soon, after having conducted a thorough review of all the relevant Medical Reports, conclude that this condition exists in about 80% of young Malay adults, but it is ususlaly not detectable post non-anal sodomy.
He may well place implicit reliance upon oral evidence coughed up and swearing upon Holy Books by the alleged victim as conclusive evidence that one cannot rule out that penetration did not take place!
donplaypuks - June 18, 2009 at 6:11 pm
1.don’t spin lah, doctors said the finding is inconclusive..
2. should wait for the trial as they are many evidences will be revealed by saiful. please give justice to saiful to be heard.
3. http://www.glowm.com/index.html?p=glowm.cml/section_view&articleid=12
The extent of damage depends on the degree of force, use of lubricant, and whether penetration was digital, penile, or with an instrument. Digital assault rarely results in tearing. Use of a large object, however, can effect swelling, abrasions, tears, and some degree of relaxation followed by spasm acutely. Skin tags form as tears heal and the sphincter regains normal function. Chronic or repeated sodomy victims may eventually lose their normal sphincter tone, resulting in a gaping anal orifice that can easily admit two to four fingers.12 However, long-term follow-up studies reveal that up to 85% of sodomized children may have findings normal on examination.14, 18
perakman - June 18, 2009 at 9:03 pm
Are we surprised??? I’m not! But I think UMNO, Gani Patail, Musa(ng) and especially Najib is “terkejut beruk”! However don’t expect the case to be dropped…. It’s just technicality and I’m sure Gani Patail will find some way however ridiculous and stupid it may be to persecute DSAI. That will be “no suprise” at all! With Augustine Paul presiding we can expect a lot of miracles, ridiculous and extraordinary ruling by the court. Malaysia Boleh…..going down the drain… I think Najib should start cozying up to North korea, Swaziland and especially Zimbabwe…. why not! we are in the league as those country, right?
Hamba - June 18, 2009 at 9:32 pm
“Sodomy” is defined as “anal or oral copulation with members of the same sex or opposite sex; also copulation with an animal” : Merriam Webtser
Anwar’s attorney says “the most vital evidence in any rape or sodomy charge” is “proof of penetration” implying that since there is none the claim if civil would meet the definition of “frivolous, scandalous and, vexatious” and the court should have the action struck off.
But this is a criminal case and whether there is proof of anything is an issue for the court to decide using the law of evidence.
Meaning of “aggravated sodomy” – criminal sodomy that involves force, or results in serious bodily injury to the victim in addition to mental injury and emotional distress”: Black’s Law Dictionary
So in the west today, sodomy is only a crime if it comes under the definition of “aggravated sodomy”. Otherwise it is a matter between two adults which way they want to go. My advice to the motorist is to always stop at the red light.
Mr Bean - June 18, 2009 at 10:52 pm
So Arabs with large nostrils and Obama with big ears must be very careful when they visit Malaysia. Malaysians have been shown to be very creative and are able to improvise.
Mr Bean - June 18, 2009 at 11:03 pm
Yep Bean, the Arabs and Obama should be forewarned about the queer Malaysian habit of nasal and aural-eroticism.
The first used to be called ‘smelling’ and the later ‘gomen propaganda’.
Unfortunately:
1. we are not in the west;
2. our judiciary does not stop at redlights alike mat rempits, and
3. our dear leaders are most excellent in irritating a sane citizen’s sense of ‘natural’ justice.
If it was oral, aural or nasal, why are they checking the bung-hole?
Menyalak-er - June 18, 2009 at 11:53 pm
“If it was oral, aural or nasal, why are they checking the bung-hole?”
To see if there is any left over for them??
Mr Bean - June 19, 2009 at 12:14 am
Dear Din
I did not post that 2nd comment ending with “Sorry… forgot to say great post – can’t wait to read your next one.” at 6.36 P.M.
Don’t know what the agenda of this imitator is. Perhaps you’d care to investigate. dpp.
donplaypuks - June 19, 2009 at 12:27 am
If you click on donplaypuks at the bottom of the 6.36 P.M post, it goes to some consumer grant report. Wtf!!
donplaypuks - June 19, 2009 at 12:29 am
“He may well place implicit reliance upon oral evidence coughed up and swearing upon Holy Books by the alleged victim as conclusive evidence that one cannot rule out that penetration did not take place!” donplaypuks
Oral testimony given in court and under oath by the alleged victim?
Uncorroborated evidence carries no weight as far as evidence goes. The judge will need to see independent and corroborative evidence by independent witnesses. Since there is no eye witnesses as in the case of crimes like this, evidence from the doctor who examined the alleged victim soon after the alleged crime is critical but only as to the fact that there was penetration – but who by, with what and where at etc are questions still left to be answered.
The doctor’s testimony in court under oath makes up this evidence but not the hospital records or sworn declarations in mosques, statements made to your pastor in churches, temples and synagogues or other out-of-court statements by persons who may be witnesses to the crime or accomplices (but are not present in court to give their testimonies and be cross-examined), repeated in court to show truth of contents. All that would be hearsay. Except perhaps a statement uttered by somebody who died of shock witnessing the act. This last though hearsay in nature when repeated in court, would fall in one of the exceptions to the hearsay rule. Hint, hint!
If the prosecutor cannot prove the fact of penetration, either of nose or ear or any part of the human part of the anatomy except that part, then the defense has no case to answer.
All the counsel for the defense need do is to stand up at the end of the prosecution’s opening submission and scream, “I submit there is no case to answer, my Lord” and the Lord will be too pleased to return to his game of golf the rest of the day.
Mr Bean - June 19, 2009 at 1:08 am
The ‘toyboy’ decided to pay a courtesy call at Najib’s castle one find day then walked out with lurid tales of rape.
Now we’ve the entire govt machinery scheming to make it a crime of the century. Streching the minds of learned men from all 4 corners of the globe to infinity.
The catchy phrase ‘imagination has no limits’ takes a complete u – turn away from Speilberg’s Star Wars epic.
Mr.Augustine Paul will say the boy put his life in jeopardy by swearing on the holy book so we’ve no reason to doubt him.
Danildaud - June 19, 2009 at 1:43 am
Here’s an interesting thought. The story goes this way and this is good material for Bollywood.
Ahmad was passing the apartment and heard cries coming from a certain apartment, “Anwar, don’t do it! Don’t do it! No, do it! Do it now. Give it to me!” It was determined that the cries for ‘help’ came from Saiful.
Then Ah Chong who was delivering a Chinese take-out, heard cries from someone from the same apartment.
“Good God! Anwar is at it again! Saiful is being mounted from behind.”
The moment he said that this person collapsed and died but before he died he managed to repeat what he saw to someone.
Question: If you bring Ahmad and Ah Chong and that someone to repeat what they heard, would that not prove Saiful was being sodomised?
Mr Bean - June 19, 2009 at 3:50 am
Good scenario Bean, unfortunately in those high class condos’, it doesn’t seem to gel with Ahmad and Ah Chong. The notables there are not so easily intimidated.
It would be more likely be foreign workers with strange sounding names like Gloria Macapagal, Mangu Shabu, Mat Nepali or Tinton Malaise.
Yep, there’s a distinct possibility that all these are posthumous, but they did tell their employers – before being brought to a serene hill outside Shah Alam.
Menyalak-er - June 19, 2009 at 12:24 pm
Guys,
We are now dealing with a group of people (UMNO politicians, the Attorney General, the Inspector-General of Police and Editors of the mainstream media and judges) who are not interested in ascertaining the truth. All they want to do is to send Anwar Ibrahim back to gaol and knock him off politically. If they have to manufacture or doctor evidence, they have no qualms about doing just that.
So we have to find ways of reaching out to the public and explain to them that Orwellian forces (Big Brother) have no morality and will do whatever it takes, believing that if they incarcerate Anwar, his reformist or change agenda and Parti KeADILan will wither and die. Wrong, they must realise that they are playing with fire because the Malaysian public will no longer tolerate the kind of games they are playing. PKR is itself has enough depth in its leadership ranks to survive yet another attempt to put it to fallow.
That said, we must work hard to have our points of view heard and understood by the ordinary man and woman in main street. Ultimately, the battle for justice is decided in the court of public opinion. As it now stands, most Malaysians believe the Sodomy 2 Trial is just a politically motivated move to checkmate Anwar Ibrahim and prevent his march towards Putrajaya and forestall the political demise of UMNO-BN.—Din Merican
dinobeano - June 19, 2009 at 12:48 pm
Hey Din, not to worry – we are also doing this by word of mouth and the whole of Petaling Street, Kampung Baru, Jelapang, Kg Toyol etc knows this. You might notice that the MSM’s are relegating this to ‘not so important’ news…
It only seems that only the Orwellians don’t realize this or deny it.
I certainly hope that entity called Merdeka Centre has a better research-statistical methodology when they carry out this survey.
Btw, Bean and i are just conjecturing out of thin air how ‘magic’ works, and i hope we are not causing any distress… We certainly don’t mean to be superflous as such.
Be of good cheer and we shall fight to the end!
Menyalak-er - June 19, 2009 at 1:38 pm
With judges like Augustin Paul it is confirmed Patui sure win. Augustine Paul may be just like a jackpot machine set fixed to secure a definate
win , it is a one way traffic to the jai. I dont know about other
judges should it be the korek korek korek fixed judges then same ISO pattern sure Patui wins
ajajal - June 19, 2009 at 3:31 pm
Menyalak-er,
That was not mere story telling! Nothing scandalous, vexatious and frivolous.
The questions are meant to probe remote corners of your brain to try and find out if UMNO would stop at any red light.Those are questions I would not hesitate to give my first year students in the law of evidence.
Much of the law of evidence is about the study of what is hearsay and what is not – and the exceptions to the rule against hearsay. So what is wrong with calling Ahmad, Ah Chong and Muthu to repeat what they heard? After all that was what they heard and not what somebody else heard.
If they can burn RM25 million away in Perak, why can’t they print another RM25 million to burn?
Mr Bean - June 19, 2009 at 4:41 pm
Yes Bean, the remote corners of the brain if any, hahaha.
You are actually giving us a law of evidence, and that is excellent to cover all angles. And you are preparing the bloggers for the ‘magic’ that’s about to happen – and that is why you are essential for the ’cause’ – although many may take umbrage to your & my comments without knowing how to shine the light at the corners.
Menyalak-er - June 19, 2009 at 4:51 pm
“If they have to manufacture or doctor evidence, they have no qualms about doing just that.” Din Merican
Evidence fabrication will still need to comply with the rules of evidence. Bring witnesses to court to lie for you. Put in fake papers to corroborate their oral testimony. It is evidence if it is not hearsay. On the other hand, a hearsay statement may be true and accurate but gets excluded because it is hearsay.
Mr Bean - June 19, 2009 at 4:57 pm
Mr. Bean
I was only punning with “oral evidence and coughing it up!” Lol
donplaypuks - June 20, 2009 at 12:37 am
Do you think he swallows?
Mr Bean - June 20, 2009 at 1:24 am
Mr.Bean
RPK things that question should be referred to his Aunty or Uncle Pet!
Btw, what’s happened to Aunty or Uncle Pet (‘Dat ting with Anwar, it really happen’)since the cameras captured him on tv many moons ago? Anyone know?
donplaypuks - June 20, 2009 at 2:50 am
in the world of Irrelevant Judge, fabricated evidence and hearsay ebcome truth while tangible evidence becomes irrelevant. din, need I remind you of 1998 fiasco and irrelevance permeates the halls of the judiciary. and this is so evidently played out in the Perak grab for power.
what are you suppossed to do, Din? Prayed that God will open their eyes?
aca - June 20, 2009 at 3:32 pm
Uncle pet or antie pet?
tourman53 - June 20, 2009 at 8:31 pm
Uncle pet says HKL got the proper thing.
tourman53 - June 21, 2009 at 3:09 pm
Din Merican,
I just cant help noticing the overwhelming sense of nervousness, based on your posting and your supporter’s comments. It’s as if you are subtly admitting that DSAI is already guilty and you are preparing a pre-emptive defence.
I hope you are old enough to remember an old primary school story of Haji Bakhil and Abu Dajal. Haji bakhil have lots of moneyand fearing for its safety have come up with a brilliant idea – bury the money – again fearing for its safety decide to put up a sign on top of the money that reads “HAJI BAKHIL TIDAK TANAM DUIT DI SINI’. Then came the character with the name of Abu Dajal, dig up the money and put up another sign that reads ” ABU DAJAL TIDAK MENCURI DUIT INI “. Sometime your nervousness is so glaring that it will backfire your good intention.
You may be able to convince some people with such a posting but I think readers are intelligent enough to judge the proceeding which will be held soon. Give some respect to their intelligence. They will know a rotten carcass when the smell one.
Thanks. – Othman.
______________
Dear Othman, my friends and I are concerned because the mishandling of the Sodomy 2 trial will have dire consequences on our country.
My postings seek to highlight what we in PKR and PR are up against; we are facing a government that cannot see the reality that the evidence is not there to charge Anwar of sodomy. This government is determined for political reasons to send Anwar back to gao because Najib is scared of losing power that comes from being Prime Minister. It will stop at nothing to prevent the inevitable, that we Malaysians want Anwar Ibrahim to be Prime Minister for our country to move forward. Najib and his cohorts also think without Anwar Ibrahim PKR will become defunct. They are wrong.
Contrary to your view, Malaysians know that Sodomy 2 trial will be a sham trial because our judiciary has been badly compromised. Yes, Malaysians are intelligent and know what to expect, but we must put out our story out since we cannot expect the pro-government mainstream media to do us any favours.
I can say to you that if the judge is allowed a free hand to make his judgment on the basis of the submissions by the Public Prosecutor and Anwar’s team of eminent lawyers, he will throw the charge of sodomy against Anwar Ibrahim out of the nearest window of his chambers.—Din Merican
othman - June 27, 2009 at 12:18 am
Din Merican (prof?)
Thanks for your reply. Again,your nervousness is evidently exposed, sir. You are pre-judging the outcome of a match even before the starting whistle is blown.You are already blaming the presumed biased reffery,the uneven playing field etc. You dont even trust your own players. We are going to lose no matter what. That is what you are implying,sir. This is what you are trying to tell the spectators.
Doesn’t it occurs to you, maybe -just maybe, that your team is just an outright coward, trying all along to delay and finally cancel this much awaited match.
Please have a little faith,sir. With all the backing from your supporters, the people, the persatuan peguam, NGOs and may I remind you that the proceeding will be closely scrutinized by the whole world, it is not easy for Najib to influence the outcome. Like I said, they will definately know a rotten carcass when they smell one.
As an old man, my sincere advice to you and your supporters – stop jeoperdizing this much awaited match. Let the game begin. Malaysians want the truth – the truth which will push DSAI to Putrajaya or which will drag him to Sg.Buluh.
The AG chambers is not as ignorant as you potrayed. Beside the hospital report , they must have something which make them so cocky abd confident. These are the thing that people want to know, these are the things that decide the final outcome of the match – The 13th. G.E.
thanks
othman - June 29, 2009 at 4:49 pm