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Friday 18 February 2011

Mystery man's semen found on Saiful's briefs



Today could be a critical moment in the Anwar Ibrahim sodomy trial as the head of the Serious Crime Unit from the Chemistry Department Dr Seah Lay Hong takes the stand.

NONEYesterday, Seah (right), who performed the DNA tests, was on the stand for less than five minutes before erratic power supply during the afternoon at the Kuala Lumpur High Court forced an adjournment.

The court had heard several surprising revelations yesterday, particularly that the pro-forma form used by doctors had stated the alleged incident involving sodomy complainant Mohd Saiful Bukhari Azlan only involved “attempted sodomy” and “attempted oral sex”.

Although former Hospital Kuala Lumpur doctor Dr Khairul Nizam Hassan insisted that Saiful had claimed he was sodomised and was asked to perform oral sex, the defence led by Karpal Singh managed to raise doubts.

Also present in court today is a representative from the Australian Embassy. Other observers includes two Australian specialists Dr David Wells, a forensic pathologist, and Dr Brian McDonald, a DNA specialist, hired by Anwar's defence team.

LIVE REPORTS

8.40am: Anwar Ibrahim and his wife Dr Wan Azizah Wan Ismail arrive in court. Seats in the public gallery are still plentiful.

8.46am: Saiful's father Azlan Md Lazim arrives. He was absent yesterday.

8.53am: Hearing is now underway as Justice Mohamad Zabidin Mohd Diah enters the courtroom. Johor PKR chief Chua Jui Meng joins the public gallery.
8.55pm: Witness Dr Seah Lay Hong tells the court about her background. She specialises in biological stains, DNA and biological stains in tissues.

She has a Bachelors of Science in Chemistry, Masters in Medical Science and a doctorate in Forensic DNA. Seah has attended various conferences and seminars locally and abroad.
9.13am: Seah testifies she received a POL 21 Form (ID stand), which pin point the locations on Saiful's body where the DNA samples were obtained.

The form was provided by the Kuala Lumpur general hospital on June 30, 2008 two days after the examination on Saiful was performed.
9.20am: Seah says she received a package marked B12 from the police. There is an error on the date of th package. It reads Aug 28, 2008, while her documents state June 28. There are also amendments to the B12 marking.

Defence lawyer Ram Karpal objected to an application that the rectified form be marked as an exhibit as it was different from the one given to the defence at the start of the trial. Ram raises the protest under Section 51 a of the Criminal Procedure Code.
9.33am: Solicitor-general II Mohd Yusof Zainal Abiden in reply said what was important was not the document but the items inspected. He said there was a precedent when a document that was not provided to defence had been tendered as evidence.

Ram replied said it is important as it reveals the chain of evidence as what the defence obtains is different from what is being provided to them.

azlan9.39am: Justice Zabidin asks for break to decide on the objection. But Yusof asks that trial continue without marking the said disputed document.
10.08am: After a short break, Justice Zabidin rules in favour of the defence that the document (a second POL 21 form) which is in the list of exhibits submitted cannot be marked as anexhibit.

10.15am: Seah said she received the packages from DSP Jude Blacious Pereira and identifies the officer. She also identifies the packages.

10.27am: All envelopes marked B1 to B11 believed to contain the cotton swab where the sample was taken are marked as exhibits.
10.59am: Items are still being marked as exhibits. This includes a single strand of pubic hair.
11.02am: The defence team objects to the prosecution's suggestion that the hair was actually it is pubic hair.

“How would Dr Seah know?”, said defence counsel Sankara Nair.

DPP Noorin Badruddin said it is in her report.

Sankara said it should be called a “strand of hair”.

11.04am: A pair of black trousers, believed to belong to Saiful, was marked as an exhibit. Earlier witnesses said that semen stains were found on the trousers.
A Ralph Lauren brand shirt belonging to Saiful was also marked as an exhibit.
NONE11.14am: Saiful's Levi's brand underwear was identified. It had already been tendered as evidence.

At this juncture, Wan Azizah was seen bowing her head, while Anwar is reading some material while in the dock.
11.17am: Another grey underwear, believed to be Saiful's, is marked as an exhibit.

11.32am: A piece of carpet and a grey bed sheet are marked as exhibits.

Anwar is seen looking from the dock as the the envelope is opened.

Seah said the package arrived at her department sealed with the PDRM safety marking.

Once examinined , it is repackaged and sealed with the Chemistry Department tape and sealed.

11.37pm: DPP Noorin asks for a short break. Justice Zabidin asks court to resume at noon.
12.12pm: Court resumes.

Also present in court are former PKR deputy president Syed Husin Ali and Balik Pulau MP Yusmadi Yusoff.

12.17pm: Seah said the toxicology test was done by toxicology chemist AP Mohan.

12.20pm: All items excluding the carpet and the duvet were kept in a freezer.

The carpet and duvet kept in a cold room at the Chemistry Department.

12.23pm: Seah said she started DNA testing on July 1, 2008.

The second batch was tested on July 2, 2008.

Seah said the analysis was completed on July 5, 2008.

She said she found semen on swabs B5, B7, B8, B9.

These were earlier identified as samples taken from Saiful's peri-anal, lower and upper rectum.

Seminal stains were found on a pair of black trousers and grey underwear.

12.29pm: Seah said she is only aware of the location where the cotton swabs were taken based on the marking made.

Seah said B5 which was marked P36 is peri-anal region.

Cotton swab B7 marked P38 label high rectal swab.

Cotton swab B8 marked P39 is labelled high rectal swab.

Cotton swab B9 marked P40 is labelled low rectal swab.

12.34pm: Seah said two seminal stains were found inside the black trousers worn by Saiful. The seminal stains were spotted near the inner front zip area.

12.38pm: Seah found two seminal stains at the top front portion of Saiful's grey underwear and also the bottom part.

12.43pm: Seah said two tests were conducted on the B stain - the PSA test and the sperm isolation test.

Three tests conducted on the seminal stains were the acid phosphosate test, PSA and sperm isolation test.

1.04pm: Chemist's report marked as an exhibit.

Court adjourns and will continue at 2.30pm.
2.40pm: Hearing resumes with Seah on the witness stand. Examination in chief conducted by DPP Noordin Badruddin.

2.50pm: Seah said two seminal spots were found on Saiful's underwear. The first spot contained Saiful's DNA. The second spot contained DNA from two individuals - Saiful and an unknown male whom she labled as “Male Y”.
2.55pm: Seah said there is no DNA profile on swabs B, B1, B2, B3, B4 and B6.

3.00pm: Seah said from cotton bud B5 (peri annal) there is DNA from Saiful and a mixture of male DNA consisting Saiful's, Male Y and one other male contributor.
3.11pm: Seah said B5 is a non-sperm extract.

"As this is peri-anal swab, it is exposed to the anal exterior,” she said.

Seah said the mixed DNA could be as a result of contact DNA which would be attributed to the use of a toilet seat.

3.16pm: Seah said B7 has two male DNA one of which correspond to Saiful and the other is Male Y. B7 is the high rectal swab.

"There is also a sperm extract which is the dominant one is "Male Y".

3.35pm: Court stands down for the defence to compare the DNA chart.
4.10pm: Court adjourns till tomorrow after it was discovered the DNA chart provided to the defence was not complete.

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