‘Semen samples could have been switched’
Anisah Shukry, FMT
Karpal Singh, who leads Anwar Ibrahim’s defence team, took the Umno-linked prosecution lawyer Muhammad Shafee Abdullah to task for maligning Anwar this morning in the Sodomy 2 appeal.
Shafee had earlier today criticised Anwar in court for making his statement from the dock rather than the witness stand during the trial.
The Court of Appeal earlier today heard the prosecution team’s appeal on PKR supremo Anwar Ibrahim’s acquittal from the High court last year on the charge of sodomising his former aide, Saiful Bukhari Azlan.
Presiding the case are Justices Balia Yusof Haji Wahi, Aziah Ali and Mohd Zawawi Salleh. Lawyer Karpal Singh is leading Anwar’s defence team. Anwar failed three times in his bid to disqualify Umno linked lawyer Muhammad Shafee Abdullah from leading the prosecution team.
On Jan 9, 2012, Anwar, now 66, was acquitted by the High Court of a charge of sodomising his former aide Mohd Saiful Bukhari Azlan at a condominium unit in Bukit Damansara in 2008.
Karpal told the court that : “An accused person… may remain silent. These are his subjective rights. Anwar chose what is his right to make a statement from the dock. The prosecution shouldn’t be allowed to make any remarks to posion the courts’ mind.
“Shafee owes more than an apology to Anwar for maligning him just now.”
Karpal also contended that the DNA sample was compromised because investigating officer Jude Pereira had failed to place the evidence in the freezer as ordered by chemist Dr Seah Lay Hong.
He said that Pereira had acknowledged during the Sodomy 2 trial that the samples may degrade because it had not been placed in the freezer.
“[Pereira’s] answer certainly reflects that he knew the samples had to be preserved,” added Karpal.
Karpal stressed that on that ground alone, the appeal should be dismissed.
“The learned trial judge adequately dealt with the basic structure of case against Anwar Ibrahim.”
Karpal also cast doubts on the testimony of Mohd Saiful Bukhari Azlan, whom he described as “the star witness”.
He noted that while Saiful was “no country bumpkin”, having studied in college and later offered a degree in electrical engineering, yet the latter delayed lodging a police report against Anwar for two days.
Karpal pointed out that Saiful also first told Dr Mohamad Osman Abdul Hamid when seeking treatment at the Pusrawi Hospital that he had been assaulted and plastic object had been inserted into his anus.
But Saiful changed the account of the events when he lodged the police report, Karpal reminded the appellate court.
