KUALA LUMPUR, March 23 (Bernama) -- The High Court on Wednesday reversed its decision by allowing the prosecution's application to admit three exhibits -- a mineral water bottle, a toothbrush and a morning towel -- but dismissed a second application to compel Datuk Seri Anwar Ibrahim to provide samples for DNA comparison.
Justice Datuk Mohamad Zaidin Mohd Diah ruled that when he made his initial decision after a trial-within-a-trial, the court did not have the testimony of investigation officer Supt Judy Blacious Pereira and arresting officer Supt Ahmad Taufik Abdullah, who confirmed that the arrest on July 16, 2008 was lawful.
"I decided to exclude the exhibits since the prosecution could not tender it at that time (during the trial-within-a-trial) and since this application was made after the evidence of the IO to support the prosecution, (I) now agree with their contention that the arrest of the accused was lawful," ruled Mohamad Zabidin.
On the second application, he said that after looking at the Section 73 and Section 165 of the Evidence Act 1950, there were no provisions for the court to make such an order.
"Both Sections are more about handwritings and fingerprints, and DNA is not included. There is therefore no justification for the court (to make such an order)."
Mohamad Zabidin ordered both the prosecution witnesses, DSP Amidon Anan and chemist Nor Idora Saedon, to be called in as witnesses in tendering the three exibits collected from the cell of the Kuala Lumpur police headquarters where Anwar was detained overnight on July 16, 2008.
On March 8, the High Court allowed the defence's application to exclude the three items.
Anwar, 63, is charged with sodomising his former aide, Mohd Saiful Bukhari, 25, at the Desa Damansara Condominium in Bukit Damansara between 3.01pm and 4.30pm on June 26, 2008.
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