Jam 1300: Mahkamah bersambung esuk pagi ... sebelum itu Anwar dipersoalkan kenapa tak bawa alibi yang enam orang? Salah seorang adalah bekas Pengarah MIER Prof Arief
Takut lagi banyak bocor dalam pembelaannya?????
Mkini
1.00pm: Shafee now submits on Anwar not calling the alibi witness.
"None of these witnesses are called to prove the alibi," he says.
Justice Arifin tells Shafee that he has another one and a half hour to submit tomorrow and then it is done.
Jam 1240: Judge asked Shafee why prosecution did not impeach Dr Osman when 3 cautioned statements were taken from him?
Shafee - no need to impeach as Dr Osman s testimony was totally discredited during cross examination by prosecution.
Shafee - prosecution has discretion to call witnesses & need not call a witness who is unreliable.
Jam 1220: LFL: Dr Osman is a liar & the DPP would have lost his job if he had been called as a witness.
Mkini:
12.25pm: Shafee says when cross-examined by (then solicitor-general II) Yusof, Dr Osman had said the type written report was prepared on June 30, two days after examining Saiful.
He further reads Osman's cross-examination, over a statutory declaration which he made.
"The defence wanted us (prosecution) to call him. This is clearly a witness who was lying," he says.
Justice Arifin asks whether Osman was impeached, and Shafee says no.
Ram Karpal interjects saying there were three statements taken from Dr Osman.
Shafee says Dr Osman's statement was not added, and says it clearly shows the doctor included the (plastic object) after the meeting and added it for someone's benefit.
12.45pm: Shafee says Yusof made the right decision in not calling Dr Osman.
Justice Arifin asks Shafee to produce Dr Osman's cautioned statements, but he cannot show it.
Ram earlier says police recorded three statements but when asked for assistance by Shafee to show them, Ram replies, "I would not do so."
Jam 1230:
LFL: Prosecution was right in not calling Dr Osman ie first Dr who saw Saiful because he was an incredible witness. Shafee now questioning Dr Osman's medical report why did not ask further regarding plastic that was inserted in Saiful's anus.
The plastic in Saiful's anus remark in Dr Osman's medical report was fabricated.
Mkini
12.05pm: Shafee further submits on Saiful's credibility with regard to Pusrawi Hospital's Dr Mohd Osman's testimony.
Shafee says Saiful claimed that Dr Osman had lied when he wrote that a plastic object was inserted in the complainant's anus.
He says the doctor may have written what was there in a hurry.
"Doctors do not normally note down patient history," he adds.
Shafee further questions what was the plastic object, allegedly used, was it sharp, short, long etc”
"However, in Dr Osman's typed report there is no mention of plastic object," adds the prosecutor.
LFL: Shafee reading cross examination notes of Dr Osman - explaining about the plastic & whether Saiful said he was sodomised by a VIP.
12.20pm: Shafee further reads Dr Osman's medical report on Saiful.
In the type-written report, he says, the doctor mentions that Saiful was sodomised by a VIP.
"This is crystal clear the kind of witness Dr Osman is. It is his imagination or he created it to benefit something else," he adds.
(On cross-examination then by solicitor-general II, Mohd Yusof Zainal Abiden, Dr Osman admitted he had written the report after seeing Saiful).
Jam 1205
LFL: Saiful brought KY jelly in order to protect himself. Saiful's detailed explanation of the alleged sodomy act proved that he did not invent the story. Saiful could be suffering from Stockholm Syndrome.
Stockholm syndrome, or capture-bonding, is a psychological phenomenon in which hostages express empathy and sympathy and have positive feelings toward their captors, sometimes to the point of defending and identifying with them. More in Wikipedia here
Jam 1140-1155:
LFL: Shafee - previous sexual encounters admissible to show a narration. Judges able to distinguish prejudicial effect.
Mkini:
11.40am: Shafee further submits on why Saiful's claim of previous incidents should be admitted in ourt.
"Previous episodes and encounters with the accused should be allowed as issue of credibility is at stake. This is important to understand the context," he says.
The prosecutor says there is no serious danger of pre-judicial evidence.
11.45am: Reading from Saiful's testimony, Shafee says the alleged victim could not stand it anymore.
He repeats the portion of Anwar ejaculating inside Saiful as before and that the latter felt pain every time the sexual act happened.
The prosecutor says to understand the context of the KY jelly being used, all this has to be taken into context.
"Why shower him with gifts like expensive suits, as this was given as he (Saiful) was dominated by the appellant.
"These gifts are necessary and the court should see Saiful's testimony on the context (of past incidents)."
11.55am: Shafee notes that when Saiful says he ‘tak rela’ (unwilling), what he means is that he could not stand it anymore.
"Saiful says it was done without his (kerelaan) (involuntary). Saiful lodged the report after two days as a result of him being in a predicament," he says.
Saiful, he adds, could explain the way he was sodomised.
"It is not the first time it happened. It could have been ‘rehearsed’ before," he says.
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