Anwar’s appeal for clinical notes quashed

(Free Malaysia Today) – The Court of Appeal today dismissed Opposition Leader Anwar Ibrahim’s bid to obtain the clinical notes from three Hospital Kuala Lumpur doctors who had examined Mohd Saiful Bukhari Azlan.

The three-member panel, led by Justice Zaleha Zahari, held that the Kuala Lumpur High Court’s ruling on the matter did not erode Anwar’s rights.

“To the question by the appellant whether the ruling had deprived the accused of his rights… we have to answer in the negative,” she said.

The two other judges were Justices Abdul Malik Ishak and Clement Allan Skinner.

On June 18, the High Court rejected Anwar’s application when Justice Mohd Zabidin Mohd Diah ruled there was no provision or legal basis for such documents to be supplied.

The defence had also applied Saiful’s medical history reports compiled by the three doctors, Dr Khairul Nizam Hassan, Dr Mohd Razali Ibrahim and Dr Siew Sheue Feng.

In addition, Anwar’s lawyers want the prosecution to hand over the standard sexual assault equipment and kits used in the examination.

The defence also requested information pertaining to the qualification and experience of the three doctors for the reference of Australian forensic expert Dr David Wells.

Wells, who was hired by Anwar, said he would not be able to help the defence team without these reports.

Solicitor-general II Mohd Yusof Zainal Abiden had argued that Anwar was not entitled to the medical reports as it did not deprive him of his rights.

He added that the prosecution did not intend to submit such documents as evidence, and the defence could ask the witnesses during cross-examination.

Anwar’s trial is due to continue at the High Court next Monday.