The prosecution for Opposition Leader
Anwar Ibrahim's Sodomy II appeal said today Anwar's DNA has been found
in four areas on alleged victim Mohd Saiful Bukhari Azlan, and this is
ample evidence to prove there was penetration.
This is despite Pusrawi doctor Dr Mohd Osman Abdul Hamid and the three Hospital Kuala Lumpur Hospital (HKL) doctors having said in their reports that in their initial examination of Saiful, there was no sign of penetration.
Government-appointed
prosecutor Muhammad Shafee Abdullah said Anwar's DNA was found in the
perianal swab, two high rectum swabs and one low rectum swab taken from
the complainant.
“There is only one prevalent DNA in those swabs, that is of the accused/appellant (Anwar), who has been identified as 'Male Y', besides Saiful's,” he said during his submission today as the appeal went into its fifth day.
Showing the chart the prosecution prepared, Shafee said the perianal swab from Saiful showed the DNA of Anwar and Saiful were present from "top to bottom".
He adds that Anwar’s DNA was also found on the high rectal non-sperm extract.
"It is on every locus," he said.
During the initial trial, Saiful had testified that Anwar had ejaculated inside his rectum as he had done on previous occasions, and the complainant had kept that region unwashed for two days before going to the Pusrawi Hospital and HKL on June 28, 2008, for his medical examination.
As
for the DNA of another unidentified 'Male Y' that was also found in the
DNA analysis, Shafee explained that it could have been the result of
Saiful "sitting on a toilet seat".
Shafee later told the Federal Court panel that the 18 allele of the unidentified male should not be taken into consideration, as chemist Dr Seah Lay Hong had testified it is to be considered a "dropout".
Shafee added the HKL doctors had been careful when examining Saiful as they had used a sterilised proctoscope, and the possibility of contamination was much lower.
"The doctors could not say there was penetration (on initial examination). After they looked at the samples taken four centimetres deep into Saiful's anal region (and compared it with the swab readings) they then found there is penetration,” the senior lawyer said.
'Accept lockup evidence'
In his submission Shafee also argued on the acceptability of items - a toothbrush, mineral water bottle and white towel - retrieved from Anwar's lock-up cell, as evidence.
Shafee
said the items should be considered as valid evidence despite defence
counsel Sangeet Kaur Deo arguing they had been obtained through trickery
and deception.
The Umno-linked lawyer provided a Singapore case law where such evidence was accepted, and argued that here in Malaysia, such evidence should also be accepted under the Evidence Act.
The prosecutor said that while the defence questioned the manner in which the arrest was made, which it claimed is unlawful, Shafee said the fact was that the charge was read to Anwar during his arrest on July 16, 2008, and the warrant was shown to him at the Kuala Lumpur police headquarters.
“Furthermore, for an offence under Section 377, there is no need for a warrant of arrest to be issued.
“The defence is saying the arrest is unlawful, which I say it is not.
"But even if the arrest is unlawful, the evidence gained from Anwar’s cell can be accepted as evidence as this is the accepted law in Singapore, Malaysia, and I understand, in the Commonwealth,” Shafee said.
The
samples were analysed by a separate chemist, Nor Aidora Saedon, and the
prosecution used the finding of DNA samples of 'Male Y' from the
toothbrush and mineral water bottle to draw a link to the DNA found by
Seah in Saiful's samples to link to Anwar as the alleged perpetrator.
Shafee further persuaded the court to accept the alleged past incidences of sodomy as claimed by Saiful as this was backed by the complainant's testimony.
The senior lawyer also questioned what happened to Anwar's alibi as the politician had initially claimed to have 13 witnesses for his alibi, but none of them had been called or have come forward to testify that he was in the other condo unit and not the one where the alleged act was said to have taken place.
The hearing continues tomorrow in the Federal Court before a five-member bench led by Chief Justice Arifin Zakaria, with Shafee is expected to wind up his submission, after which the defence will proceed with its reply.
This is despite Pusrawi doctor Dr Mohd Osman Abdul Hamid and the three Hospital Kuala Lumpur Hospital (HKL) doctors having said in their reports that in their initial examination of Saiful, there was no sign of penetration.
Government-appointed
prosecutor Muhammad Shafee Abdullah said Anwar's DNA was found in the
perianal swab, two high rectum swabs and one low rectum swab taken from
the complainant.“There is only one prevalent DNA in those swabs, that is of the accused/appellant (Anwar), who has been identified as 'Male Y', besides Saiful's,” he said during his submission today as the appeal went into its fifth day.
Showing the chart the prosecution prepared, Shafee said the perianal swab from Saiful showed the DNA of Anwar and Saiful were present from "top to bottom".
He adds that Anwar’s DNA was also found on the high rectal non-sperm extract.
"It is on every locus," he said.
During the initial trial, Saiful had testified that Anwar had ejaculated inside his rectum as he had done on previous occasions, and the complainant had kept that region unwashed for two days before going to the Pusrawi Hospital and HKL on June 28, 2008, for his medical examination.
As
for the DNA of another unidentified 'Male Y' that was also found in the
DNA analysis, Shafee explained that it could have been the result of
Saiful "sitting on a toilet seat".Shafee later told the Federal Court panel that the 18 allele of the unidentified male should not be taken into consideration, as chemist Dr Seah Lay Hong had testified it is to be considered a "dropout".
Shafee added the HKL doctors had been careful when examining Saiful as they had used a sterilised proctoscope, and the possibility of contamination was much lower.
"The doctors could not say there was penetration (on initial examination). After they looked at the samples taken four centimetres deep into Saiful's anal region (and compared it with the swab readings) they then found there is penetration,” the senior lawyer said.
'Accept lockup evidence'
In his submission Shafee also argued on the acceptability of items - a toothbrush, mineral water bottle and white towel - retrieved from Anwar's lock-up cell, as evidence.
Shafee
said the items should be considered as valid evidence despite defence
counsel Sangeet Kaur Deo arguing they had been obtained through trickery
and deception.The Umno-linked lawyer provided a Singapore case law where such evidence was accepted, and argued that here in Malaysia, such evidence should also be accepted under the Evidence Act.
The prosecutor said that while the defence questioned the manner in which the arrest was made, which it claimed is unlawful, Shafee said the fact was that the charge was read to Anwar during his arrest on July 16, 2008, and the warrant was shown to him at the Kuala Lumpur police headquarters.
“Furthermore, for an offence under Section 377, there is no need for a warrant of arrest to be issued.
“The defence is saying the arrest is unlawful, which I say it is not.
"But even if the arrest is unlawful, the evidence gained from Anwar’s cell can be accepted as evidence as this is the accepted law in Singapore, Malaysia, and I understand, in the Commonwealth,” Shafee said.
The
samples were analysed by a separate chemist, Nor Aidora Saedon, and the
prosecution used the finding of DNA samples of 'Male Y' from the
toothbrush and mineral water bottle to draw a link to the DNA found by
Seah in Saiful's samples to link to Anwar as the alleged perpetrator.Shafee further persuaded the court to accept the alleged past incidences of sodomy as claimed by Saiful as this was backed by the complainant's testimony.
The senior lawyer also questioned what happened to Anwar's alibi as the politician had initially claimed to have 13 witnesses for his alibi, but none of them had been called or have come forward to testify that he was in the other condo unit and not the one where the alleged act was said to have taken place.
The hearing continues tomorrow in the Federal Court before a five-member bench led by Chief Justice Arifin Zakaria, with Shafee is expected to wind up his submission, after which the defence will proceed with its reply.
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