Lawyer: Anwar’s arrest ‘unlawful’, cops used ‘trickery’ to obtain DNA samples
(Malay Mail Online) – The police had resorted to “trickery” to obtain DNA samples from Datuk Seri Anwar Ibrahim, his lawyer said, claiming the Opposition Leader had been unlawfully detained in 2008 for this purpose.
Defence counsel Sangeet Kaur Deo told the Federal Court that Anwar had the legal right to refuse giving his DNA sample, but this right was trampled on when samples were taken during his overnight lockup in July that year.
“Anwar had legal right to refuse samples. Police then bulldozed this right and obtained samples by trickery by detaining him further,” she said during submissions this morning.
“(This is) against lock-up rules,” the lawyer added. “An accused person is not to be taken out of lock-up (during the duration of lock-up).”
She noted that prior to his overnight detention, the police had first tried to obtain the DNA sample from Anwar by taking him to Hospital Kuala Lumpur for a check-up upon his arrest.
But at the time, Anwar refused to do so, which Sangeet said was within the leader’s legal right.
Earlier, Sangeet argued that it was impossible to link the “Male Y” DNA profile to Anwar as there was no proof that he had used the items given to him in lock-up, which was where the samples were taken from.
“Items taken from the lock-up are in doubt. Court should not rely on circumstantial evidence when contradicted by direct evidence,” she said.
Sangeet pointed out although Anwar may have been the “sole occupant” of the cell at the time, there were others who had entered before him.
She said that when testifying, the police officer on duty had never alluded to the fact of having “witnessed appellant brush his teeth”.
Anwar was held overnight from July 16 to 17, from 11.05pm to 12.30pm, in 2008, after being arrested for allegedly sodomising his former aide Mohd Saiful Bukhari Azlan.
Samples taken from the toothbrush, mineral water bottle and “Good Morning” towel that were given to Anwar during his jail stint were later used to match with the DNA samples taken from Saiful.
During trial in 2011, government chemist Nor Aidora Saedon had testified that there were two DNA profiles found on the evidence samples — that of “Male Y” and that of an unknown DNA profile.
The chemist had also testified that the DNA profiles found on the items match those whose sperm extracts had been found in Saiful’s anus earlier.
The Federal Court is hearing today Anwar’s challenge of the Court of Appeal’s decision to overturn a lower court’s decision to acquit him of the charge.
The High Court had in 2012 acquitted Anwar of the 2008 charge but the appellate court ruled on March 7 this year that the trial judge had erred when rejecting the DNA evidence produced in the case.
Anwar has repeatedly maintained his innocence, insisting that the charges were trumped up to kill his political career as he allegedly poses a threat to the Barisan Nasional coalition’s decades-long rule with the Pakatan Rakyat alliance, which he now leads.
If Anwar fails to reverse his five-year imprisonment sentence and conviction in the Federal Court, he would lose his seat as the law bars anyone fined RM2,000 or imprisoned for one year from serving as a lawmaker.
Today’s hearing is presided over by a five-member panel led by CJ Ariffin. Others include Court of Appeal president Tan Sri Md Raus Sharif and Federal Court judges Tan Sri Abdul Hamid Embong, Tan Sri Suriyadi Halim Omar and Datuk Ramly Ali, who replaced Tan Sri Ahmad Haji Maarop.
Anwar is represented by a 14-man defence team led by Datuk Seri Gopal Sri Ram. Others include lawyers R.Sivarasa, Latheefa Koya, N. Surendran and Gobind Singh Deo.
Lawyers from the prosecution team are Tan Sri Muhammad Shafee Abdullah and Datuk Mohamad Hanafiah Zakaria.
The hearing is expected to extend beyond today and the judges are believed likely to reserve judgement to a later date.
