Three items take centre stage while the identity of Male Y is yet to be revealed.
KUALA LUMPUR: A toothbrush, a bottle of mineral water and a towel with a “Good Morning” greeting stamped across it were the focus of attention during the Anwar Ibrahim sodomy trial at the High Court here today.
But those eager to know the identity of “Male Y” may have to wait a while longer as the prosecution tries to link Male Y with DNA samples obtained from the three items.
Last week government chemist Nor Aidora Saedon testified that DNA profiles have been obtained from the toothbrush, water bottle and towel.
Nor Aidora said the graph results showed the samples contained two main profiles – Male Y and that of an unknown DNA profile.
The three items were retrieved from Anwar’s lock-up cell.He was detained at the Kuala Lumpur police headquarters from July 16 to 17, 2008 from 11.05pm to12.30pm.
Today, three witnesses – Lance Corporal Mohd Hazri Hassan, Supt Amidon Adnan, head of the Royal Malaysian Police CSI laboratory division in Cheras, and chief inspector Nor Ayuni Mohd Fuad – took to the stand.
Amidon told the court that when Anwar left the lock-up, he conducted a forensic examination.
He said that he found the towel, toothbrush, and water bottle along with a strand of hair in the cell, and tagged and marked these items under the orders of OCCI Khoo Chee Hwa.
Amidon and DSP Yahya Abdul Rahman from the Serious Crime Investigation Division (D9) of the Kuala Lumpur police, confirmed that Anwar was the only detainee in the lock-up during this period, and that the items belonged to him.
Karpal Singh raised an objection when DPP Nordin Hassan applied for these items to be admitted as evidence, arguing that the items were illegally obtained and should not be used as evidence.
“They were obtained by the police through improper methods. The court has the discretion to exclude these items… We need to prove the items are inadmissible as evidence, and the only way to do so is a trial within a trial where Anwar will take the stand and give evidence.”
Judge Mohamad Zabidin Mohd Diah then ruled that the submission on the trial-within-the trial will be heard at 2.30pm tomorrow.
Earlier, the court was told that the police would only provide tooth brush, toothpaste, a small towel and soap for every detainee at their lockups.
Yahya said those were also the items provided to Anwar when he was detained at the Kuala Lumpur police lockup on July 16, according to a Bernama report.
However, he said, he used his discretion in allowing Anwar to bring two towels and a bottle of mineral water to the lockup on the seventh floor of the Kuala Lumpur police headquarters.
Questioned whether there was other detainees with Anwar in the lock-up cell on that day, Yahya said Anwar was alone.
He said this during the examination-in-chief by Nordin.
Anwar, 63, is charged with sodomising Mohd Saiful Bukhari Azlan, 25, his former personal aide, at the Desa Damansara in Bukit Damansara between 3.01pm and 4.30pm on June 26, 2008.
Yahya said that when Anwar was brought out of the cell the next day (July 17), he had ordered two policemen to lock the cell and then when he went to inspect the cell, noticed there was a bottle of mineral water, towel and toothbrush there.
Cross-examined by lawyer Karpal on the condition of the cell, which he likened to a stable, while showing photographs of the place, Yahya said that was expected because the building was old.
Dirty cell
However, during re-examination by DPP Nordin, Yahya said the cell was cleaned and that it looked dirty because the colour of the wall paint had faded.
However, during re-examination by DPP Nordin, Yahya said the cell was cleaned and that it looked dirty because the colour of the wall paint had faded.
To another question by Karpal whether the closed-circuit television camera (CCTV) on the seventh floor of the building was functioning, Yahya said there was a CCTV there, but it was not functioning.
Karpal also repeatedly asked Yahya who issued the order to detain Anwar.
Karpal: Who ordered Anwar to be sent to the lockup?
Yahya : Not sure.
Karpal: Was it your superior or on your instruction?
Yahya: DSP Judy Blacious Pereira.
Karpal: When was the order made?
Yahya: During a discussion after Anwar’s arrest in the D9 meeting room.
Karpal: Anwar was not provided with a bed, pillow and blanket. Why?
Yahya: It is a standard practice for all detainees.
Karpal: Are all police lockups in the country not provided with bed, blanket and pillow?
Yahya: I cannot answer.
Earlier, Adnan told the court that he had examined two units at Damansara Condominium on July 17, 2008.
He said he found a strand of hair at unit 11-5-1 and also took a carpet and a duvet for DNA analysis.
Hamidon, who is the 15th prosecution witness, said he was also ordered to examine the lockup cell where Anwar was detained and found a strand of hair, toothbrush and a small towel on the floor.
He said that a bottle of mineral water was on the wall near the lockup toilet.
The hearing continues tomorrow.
- Bernama
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