Defence says medical board's ruling that a senior officer faked a back injury was influenced by an internal report Three doctors agreed unanimously that a senior ICAC investigator was faking a back injury after they interviewed her, a prosecutor said yesterday. But the defence in the District Court trial of Susana Chan, 43, argued that the independent medical board was under the influence of a report the ICAC submitted to it on the eve of the interview in November 2003. The report alleged that Chan was found to be malingering following a series of surveillance exercises by the anti-graft body. Chan is accused of fraudulently obtaining 402 days of sick leave from the commission. She has claimed that her arrest was the ICAC's retaliation for her complaint that Chief Inspector Eric Yang Yan-tak had suppressed evidence in court. Prosecutor David Fitzpatrick yesterday asked the defendant if she had received the report of the Medical Assessment Board dated November 19, 2003, which stated that three doctors said she was faking her injury. 'Yes ... It was what the doctors said,' Chan replied. Mr Fitzpatrick argued that it was entirely legitimate for the ICAC to pursue the matter as a criminal case after reviewing the board's assessment and seeking legal advice on the case. Chan applied for sick leave between late 2002 and late 2003, claiming she could not stay in a fixed position for a long period without feeling pain. She was arrested for breaching the Prevention of Bribery Ordinance in February 2004. Cheng Huan SC, for Chan, asked chief investigator Danny Wong Siu-cheung why he had to present the internal report on the defendant to the board chairman two days before they interviewed her. Mr Wong said the meeting with the chairman was to seek advice on how to present the ICAC's surveillance evidence to other members of the board. But the counsel said it was unfair to his client as the meeting was conducted in her absence. The witnesses were recalled to testify yesterday after Mr Cheng filed a fresh complaint against the ICAC on Monday, arguing that there was no element of corruption in the case and the anti-graft body had acted beyond its jurisdiction by conducting surveillance on the defendant. Mr Cheng has also made an application to the court for a permanent stay of the proceedings on the grounds of bad faith on the part of the ICAC. The defence counsel asked Mr Wong if he had found any written reports that suggested corruption during the investigation of Chan. The witness said he could not answer the question because he did not have the records on hand. Mr Cheng also argued yesterday that the commission intentionally appointed chief investigator John Roseburgh to head an internal investigation into the integrity and conduct of Eric Yang - knowing the close relationship between Mr Roseburgh and the defendant. The case continues today.