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Anwar Ibrahim Trials (4)

November 24, 2010

Anwar Ibrahim sodomy trial II: Defence wins proforma battle

Submitted by shaza on Wednesday, November 24th, 2010
Wednesday, November 24th, 2010 13:12:00
The Malay Mail online

KUALA LUMPUR: Datuk Seri Anwar Ibrahim’s counsels were today allowed to obtain the proforma document
which forensics pathologist Dr Siew Sheue Feng had gone through yesterday when the court stood down in the trial this morning.

Yesterday, the issue of obtaining the proforma documents led to a heated debate between Anwar’s defence counsel, Karpal Singh, and the prosecution counsels.

However, the defence team failed in their attempt to get Dr Siew, who is the prosecution’s third witness, to be investigated for contempt of court for interference of justice because he did not give his evidence accordingly.

The High Court here ordered the document referred by Dr Siew to be handed to the defence team.

“To my mind, the witness can look at the notes during the cross-examination, application to cite the witness for contempt of court is hereby dismissed,” said Judge Datuk Mohd Zabidin Mohd Diah.

Karpal said Dr Siew had refreshed his memory by looking at the document outside the court. He had earlier insisted that he did not need to refer to the proforma to refresh his memory during the cross-examination.

Karpal, in his submission said if a witness could look at their notes and documents while still under oath, regardless if the court had adjourned or stood down, the witness was still under oath.

This prompted Karpal to file an application to the court saying the defense was entitled to the document
that was referred by the witness to refresh his memory.

In his application, Karpal said the witness should be investigated for contempt of court.

Deputy Public Prosecutor Datuk Mohd Yusof Zainal Abiden, however, argued that it was a bare statement.

“He referred to a document that he had possession of. But not a document that was just given to him,” said Mohd Yusof.

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