Sodomy II: Prosecution seeks Anwar’s DNA sample
(The Star) – The High Court ordered the prosecution and defence in the Datuk Seri Anwar Ibrahim sodomy trial to make submissions on Monday on two prosecution applications, one of which is to order Anwar to provide a DNA sample.
Justice Datuk Mohamad Zabidin Mohd Diah gave the order on Friday after the head of the prosecution, Solicitor-General Datuk Mohamed Yusof Zainal Abiden, made the applications at the end of the prosecution’s case.
One of the applications was for the court to use its powers under the Evidence Act 1950 to compel Anwar to provide a DNA sample for analysis.
The other was to review the decision of the court not to allow three items to be tendered as exhibits following a trial-within-a-trial.
Anwar’s lawyer Karpal Singh objected to the prosecution’s applications.
Anwar, 63, Parti Keadilan Rakyat advisor and Permatang Pauh MP, has claimed trial to performing carnal intercourse against the order of nature on his former aide Mohd Saiful Bukhari Azlan at a condominium unit in Bukit Damansara, Kuala Lumpur, on June 26, 2008.
Mohamed Yusof said the application for the DNA sample was in accordance with sections 73 and 165 of the Evidence Act, and arose following the testimony of witnesses, particularly chemist Dr Seah Lay Hong, who confirmed the presence of several DNA profiles in the anus of Mohd Saiful.
“The application is made to seek the truth and justice for all quarters,” he said.
He also applied for the court to review the decision of Justice Mohamad Zabidin at the end of a trial-within-a-trial pertaining to the admissibility of three items as exhibits.
The judge had ruled that a toothbrush, towel and mineral water bottle taken from the lockup where Anwar was kept overnight were obtained by unfair means and, therefore, should be excluded from the trial.
Mohamed Yusof argued that the warrant for the arrest of Anwar had been admitted as an exhibit after the trial-within-a-trial.
Earlier, Karpal Singh recalled Mohd Saiful, saying that Dr Seah had testified that three DNA profiles were found in Mohd Saiful’s anus.
Karpal Singh: Did you use the toilet between 26 and 28 June 2008?
Mohd Saiful: I did.
Karpal Singh: You did?
Mohd Saiful: Yes, but only to urinate.
Karpal Singh: Not to defecate?
Mohd Saiful: No.
Karpal Singh: Where?
Mohd Saiful: At several places.
Karpal Singh: Dr Seah had testified that he found the DNA profiles of three individuals, meaning two or three partners had engaged in sex with you?
Mohd Saiful: I do not agree.
Replying to Mohamed Yusof during re-examination, Mohd Saiful said he did not bathe but only wiped himself between 26 and 28 June 2008, once at the condominium where the alleged sodomy took place and at his house the following day.
Mohd Saiful also said that he did not stay overnight anywhere else but his house during that period.
Under cross-examination by Karpal Singh earlier, investigating officer Supt Judy Blacious Pereira told the court that Mohd Saiful, in the course of having his statement recorded, had said that he had met Prime Minister Datuk Seri Najib Tun Razak before 24 June 2008 to complain about sodomy incidents.
Supt Judy said the complainant had also met his friend, one Rahimi Osman, his uncle named Tuah and a former political secretary of Anwar, Mohamed Exam Mohd Noor, after the alleged incident.
Replying to a question from Karpal Singh, the police officer said he had recorded the statements of Najib and his wife, Datin Seri Rosmah Mansor, in relation to the complaint by Mohd Saiful.
