Thursday 7 August 2008

PUSRAWI Doctor's Statutory Declaration: Harassment and Conspiracy to Fabricate Evidence on Sodomy Against Anwar

Read here on Malaysia-Today

Malaysia-Today published the following documents:(see below) :

  • Statutory Declaration (1st August 2008) made by the doctor (Dr. Mohd Osman Abdul Hamid) who examined Saiful at the PUSRAWI HOSPITAL

  • The Medical Report (28th June 2008)prepared by Dr Osman after he had examined Saiful .
  • These documents strengthen allegations that the Malaysian police was trying to build a case of sodomy around fabricated evidence.

    Dr Mohd Osman had left the country. The reason for his departure:

    "The seemingly constant and unending police investigation and ...the case has disturbed me tremendously and I become worried of my safety and that of my family. Approximately one week after the third visit by the Police I decided to apply for leave and left Malaysia with my family."

    Dr. Mohd Osman wrote in his medical report after examining Saiful's anus:

    "On my observation the anus was normal, no bleeding, there were no sign of piles and no abscess and no pus, no injury, no tear and no discharge. Anus was clean and dry and looked normal. No abnormalities seen.

    After that I informed the patient my observation. At that time he told me he was sodomised by VIP and he wanted to report to the police.

    I advised him to go and see a doctor at any government hospital because according to his complaint, it was a criminal case. After that he left the hospital. I didn't prescribe any medication and didn't give any referral letter."

    Dr Mohd Osman reaffirmed his findings in his statutory declarartion:
    " For record, however, I would like to confirm that I strongly stand firm on my findings."
    There is a subtext to this issue.
    On July 1, 2008, Anwar Ibrahim had lodged a police report against Inspector-General of Police Tan Sri Musa Hassan and Attorney-General Tan Sri Abdul Gani Patail alleging that they had fabricated evidence against him when he was also charged for sodomy in 1998, and later convicted.Then, Musa was the senior investigating officer and Abdul Gani the head of the prosecution. Anwar was freed of the sodomy charge by the Federal Court in 2004.
    The following statements by Dr Mohd Osman should be cause for worry by all Malaysians as they appear to be indicative of the police harassing a medical doctor and unlawfully making the doctor into an unwitting accomplice to the fabrication of the evidence.

    "....Some time in early July 2008, I was visited by a police officer in uniform who introduced himself as ASP Rosmi Mat Derus from IPD Brickfield, Cawangan Jenayah. He informed me that the Patient has made police report and he is investigating the case..... ASP Rosmi recorded my statement in his own handwriting in Bahasa Malaysia.

    He prepared 9 to 10 pages of hand written statement and ASKED ME to sign and stamp every page with my official rubber stamp. As the statements was handwritten and in Bahasa Malaysia,
    I did NOT understand most of it as I am not proficient in Bahasa Malaysia.

    The following week, the same officer came to see me in plain clothes bringing along with him a prepared, typed and printed statement in Bahasa Malaysia which he asked me to read and sign.The Officer informed me that I have to re-signature the statements as the previous statements were handwritten and he needed the statements to be properly typed.

    I also pointed out to him those certain facts which has not been discussed in the previous meeting but was introduced in the typed statements. The facts queried was WHY the name of Dato' Seri Anwar Ibrahim appeared in several paragraphs when it was NEVER brought up during the first interview and neither did the Patient ever confided in me with the identity of the alleged perpetrator.

    The Officer later inserted few ADDITIONAL paragraphs in the last page in his own handwriting and in Bahasa Malaysia.

    Even though I hesitated I signed the typed statements as I did not want to have any issues with the police. The second meeting lasted for about 45 minutes to one hour.

    Approximately one week after the second meeting with ASP Rosmi, I was visited by another police officer in plain cloth who introduced herself as DSP Choo from Jalan Hang Tuah, Bahagian Jenayah....We conversed in English and she recorded in her own hand writing in Bahasa Malaysia. The written statement was later translated to me in English and I was later ASKED to sign the 4 to 5 pages statements.

    On the onset of the interview
    she impressed on me that I will be charged if I refused to cooperate with the police.
    ..."
    - Dr Mohd Osman Abdul Hamid


    Full Text of Dr. Mohamed Osman Abdul Hamid's Statutory Declaration (1st August 2008)


    I, Dr. Mohamed Osman Abdul Hamid PR Card No.[A xxxxx ] having a status as a Malaysian Permanent Resident of full age and having my residential address at xxxxxxxx, 50100 Kuala Lumpur, do solemly and sincerely declare as follows:

    1. I am making this Statutory declaration in full knowledge and awareness that the matters relating to the police report by one Mohd Saiful Bukhari B Azlan (the Patient) that he has been sodomised by someone and that the medical report relating thereto attended by me has been widely circulated in the media.

    2. I make this declaration to the best of my knowledge and recollection to present the true picture as far as my involvement is concerned.

    3. I graduated from Institute of Medicine 2 University of Rangoon, Mayanmar in 1977. Immediately after graduation I worked as a Medical Officer with several public and private medical institutions in Myanmar until 1990. In 1991 I migrated to Malaysia and worked with RISEAP as Medical Officer until 1995. I later worked with HIKMAH (Harakah Islamiah) in Sarawak as a Medical Officer until 1999. I was later employed by the University Hospital in Petaling Jaya from 2000 to 2007 as Medical Officer and I joined Hospital PUSRAWI at the beginning of 2008 until now also as a Medical Officer. In total I have accumulated more than 30 years valuable experiences in the medical field.

    4. Some time at the end of June 2008 while on duty in PUSRAWI, I was referred with a patient now widely known as Mohd Saiful Bukhari B. Azlan. He was initially attended to by another female doctor but subsequently referred to me as the Patient requested to be examined by a male doctor.

    5. Through my experience I have encountered many similar complaint as the said Patient and I have thereupon proceeded with the appropriate examination on the Patient i.e. Per rectal examination and I have recorded my findings in the Hospital's standard medical examination folder.

    6. I later learned that the examination folder was widely circulated in the media and internet and I was shocked and surprised to find out that the exact medical examination folder with its exact content without amendment or addition has found its way into the media.

    7. The circulation of the medical report came to my knowledge after I went on leave. For record, however, I would like to confirm that I strongly stand firm on my findings.

    8. In normal practice in the Hospital, at the end of the examination, the Patient's folder will be forwarded to the record office by the nurse or staff on duty together with the folders of other patients and I, or any other attending doctor for that matter, should have never handled patients record personally. I have never seen the Patient's medical record ever since until it was widely circulated by the media. I would like also to stress that I have no knowledge of the person responsible leaking the report to any third party.

    9. Two days after I attended the examination on the patient, I came to know that the Patient's name appeared in the newspaper. I checked with hospital's computer and find out that the said Mohd Saiful Bukhari B Azlan was my patient. I had immediately informed Dr Kamarudin, the Hospital's director of the matter and was accordingly advised to refer the matter to the Hospital's administration which I duly complied.

    10. Some time in early July 2008, I was visited by a police officer in uniform who introduced himself as ASP Rosmi Mat Derus from IPD Brickfield, Cawangan Jenayah. He informed me that the Patient has made police report and he is investigating the case. I was later interviewed and questioned on matters related to the Patient's medical examination which I have cooperated fully with him.

    11. ASP Rosmi recorded my statement in his own handwriting in Bahasa Malaysia. He prepared 9 to 10 pages of hand written statement and asked me to sign and stamp every page with my official rubber stamp.

    12. As the statements was handwritten and in Bahasa Malaysia, I did not understand most of it as I am not proficient in Bahasa Malaysia.

    13. The following week, the same officer came to see me in plain cloths bringing along with him a prepared, typed and printed statement in Bahasa Malaysia which he asked me to read and sign.The Officer informed me that I have to re-signature the statements as the previous statements were handwritten and he needed the statements to be properly typed.

    14. I read few paragraphs and made few amendments to the statements with the officer's assistance. I also pointed out to him those certain facts which has not been discussed in the previous meeting but was introduced in the typed statements. The facts queried was why the name of Dato' Seri Anwar Ibrahim appeared in several paragraphs when it was never brought up during the first interview and neither did the Patient ever confided in me with the identity of the alleged perpetrator. He replied that Dato' Seri Anwar is the accused and as I already came to know that Dato' Seri was the accused after reading the newspaper.

    15. The Officer later inserted few additional paragraphs in the last page in his own handwriting and in Bahasa Malaysia. I also explained that in order to conduct the required examination procedure on the Patient and to utilize the instrument I have to apply lubricant on that instrument.

    16. Even though I hesitated I signed the typed statements as I did not want to have any issues with the police. The second meeting lasted for about 45 minutes to one hour.

    17. Approximately one week after the second meeting with ASP Rosmi, I was visited by another police officer in plain cloth who introduced herself as DSP Choo from Jalan Hang Tuah, Bahagian Jenayah. She asked me to explain all over again and I have complied by explaining everything that I knew in detail the whole procedures in relation to the examination on the Patient.

    18. We conversed in English and she recorded in her own hand writing in Bahasa Malaysia. The written statement was later translated to me in English and I was later asked to sign the 4 to 5 pages statements.

    19. On the onset of the interview she impressed on me that I will be charged if I refused to cooperate with the police. The meeting lasted for about an hour.

    20. The seemingly constant and unending police investigation and being aware of the high profile nature of the case has disturbed me tremendously and I become worried of my safety and that of my family. Approximately one week after the third visit by the Police I decided to apply for leave and left Malaysia with my family.

      And I made this solemn declaration conscientiously believing the same to be true and by virtue o the provisions of the Statutory Declaration Act, 1960

      Subscribed and solemly declared

      By the above named

      Dr Mohd Osman Abdul Hamid

      This 1st day of August 2008

      (signed before COMMISSIONER for Oath, Mohd Annuar bin Mohd Salleh)



    Full Text of the MEDICAL REPORT
    by DR. MOHD OSMAN ABDUL HAMID
    on MOHD SAIFUL BIN AZLAN

    30th June 2008

    RE: MEDICAL REPORT
    MOHD SAIFUL BIN AZLAN IC NO. 8507006-01-5697


    The above named was visited our Hospital PUSRAWI at Emergency Department on 28 June 2008 at 2.14 pm. Patient was sent to my room (Room No.1) by hospital assistant Hidayah. The patient asked Hidayah to leave us alone while he wanted to talk to me personally. He presented with pain in the anus for two days. I asked him is there any bleeding or discharge or pus in his anus. He said no. He said he cannot sit down because of pain. He has no previous medical history. The I advised to take off his pants and underwear and lie down on the bed on his left side. At that time I was assisted by a nurse, Yazihan bt. Yusof. I asked the nurse to bring the proctoscope to do per rectal examination on that patient. When I got the disposable proctoscope, I opened the bag and took out the proctoscope. Staff nurse, Yazihan dropped the lubricant on the tip of the proctoscope. Then I advised patient to keep a deep breath and relax. At the same time I introduced proctoscope into the patient's anus while the nurse was assisting me by holding the torch light on.

    On my observation the anus was normal, no bleeding, there were no sign of piles and no abscess and no pus, no injury, no tear and no discharge. Anus was clean and dry and looked normal. No abnormalities seen.

    I took off the proctoscope from the anus and through it into the plastic bag and gave it to nurse, Yazihan for disposal. I asked the patient to put on his clothings and get up. After that I informed the patient my observation. At that time he told me he was sodomised by VIP and he wanted to report to the police. I advised him to go and see adoctor at any government hospitals because according to his complaint, it was a criminal case.

    After that he left the hospital. I didn't prescribe any medication and didn't gave any referral letter.

    That's all my report

    Yours sincerely
    HOSPITAL PUSRAWI SDN BHD
    (signed)
    DR. OSMAN ABDUL HAMID
    Medical Officer






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