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Wednesday 23 February 2011

Is Saiful a homosexual?

Karpal Singh continues to punch holes in the prosecution's case in the trial of Anwar Ibrahim.

KUALA LUMPUR: Is Mohd Saiful Bukhari Azlan a passive homosexual?

That was the pertinent question posed by senior lawyer Karpal Singh, the lead defence counsel in Anwar Ibrahim’s sodomy trial, during cross-examination of DNA expert Dr Seah Lay Hong after multiple DNA profiles were found on Saiful’s anus during his medical examination following the sodomy allegation.

Karpal also asked if the evidence of DNA profiles found in Saiful’s anus could lead to that conclusion.

“I put it to you that is it a logical conclusion that multiple DNA profiles in his anus would make him him (Saiful) a passive homosexual?” he asked.

Seah in reply said she could not answer the question as she was not in a position to comment on the matter.

The veteran lawyer, looking to punch holes in the prosecution’s case against the former deputy prime minister, proceeded to ask for Seah’s comment on Saiful’s proforma report which stated that the “victim” had complained of attempted sodomy.

“If it was attempted sodomy, how could DNA be found in Saiful’s anus?” asked Karpal.

Lead prosecutor Mohd Yusof Zainal Abiden objected to this question, saying that the doctor had nothing to do with the proforma report, and that therefore she need not answer.

Anwar, 63, is charged with sodomising Mohd Saiful, 25, his former personal aide, at Unit 11-5-1 of Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm on June 26, 2008.

Heated exchange

Solicitor-General II Mohamed Yusof Zainal Abiden had a heated exchange with another defence counsel, SN Nair, when he told the counsel to stop making “running commentaries”, according to a Bernama report.

The exchange of words occurred when Nair confronted Seah over the Chemistry Department’s protocol when making markings on samples.

Nair singled out two samples out of the 12 received by the chemist on June 30, 2008 from investigation officer DSP Judy Blacious Pereira.

The counsel contended that Seah did not strictly adopt the department’s protocol, resulting in the dates on sample swabs B4 and B5 recorded as June 26, 2008, where in fact it should be June 28, the day the three doctors at Kuala Lumpur Hospital (HKL) collected the samples from Mohd Saiful.

Nair: I put it to you, you have recorded a different date for the samples?

Seah: Yes.

Nair: By your international standard, shouldn’t you have rejected these two samples?

Seah: I disagree.

Nair: If you have two samples not in line, you should look at other samples with suspicion. You say you have high integrity, isn’t that a question of integrity?

Seah: No. We should give benefit of doubt.

Nair: I put it to you, only you know about it and never informed prosecution?

Seah: Don’t agree. That was noted down.

Re-examined by deputy public prosecutor Noorin Badaruddin, Seah confirmed sample swab B5 (perianal region of Mohd Saiful) was contaminated, that is, there was DNA presence from the complainant, a male Y and an unknown person.

She did not rule out that the contamination might have occurred when that region (perianal) came into contact with the surface.

Seah also ruled out the possiblity of contamination at the Chemistry Department’s laboratory since such a possiblity had been elaminated with tests of DNA profiles of all staff attached to the department.

The hearing continues tomorrow.

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