High Court mistaken to say DNA evidence tampered with, prosecution argues
(Malay Mail Online) – The prosecution team in Sodomy II maintained its position today that the DNA evidence presented in Datuk Seri Anwar Ibrahim’s second sodomy prosecution had not been compromised as suggested by the Opposition Leader’s lawyers.
During submissions, lead prosecutor Tan Sri Muhammad Shafee Abdullah said that High Court judge Datuk Mohd Zabidin Mohd Diah had made a mistake in 2012 when deciding that the tearing of the plastic bag containing the sealed samples amounted to tampering.
He pointed out that then-investigating officer Jude Pereira, who the defence has accused of tainting the DNA samples, had made it “obvious” when he reopened the sample bag by cutting it.
“There is no hiding, no agenda. He cut it because he meant to cut it,” Shafee argued today.
He added that Pereira had to cut open the bag in order to mark the plastic receptacles inside.
“Or otherwise, we would not know the items,” he said.
Shafee also added that chemist Dr Siew Sheue Feng had received the receptacles with the DNA swabs with the seals still intact.
He noted that the chemist had testified that no samples were rejected, and that all were taken and treated in accordance with the Inspector-General Standing Orders (IGSO.)
During defence submissions, Anwar’s lawyers had insisted that Pereira had no reason to reopen the DNA evidence samples when he had been present when they were marked and sealed.
“PW25 (Pereira) was clearly lying when he said he was complying with the IGSO,” Ramkarpal Singh told the Federal Court yesterday.
“No dispute that all samples were marked and labelled. No reason for PW25 to reopen the same items, when they were already marked and sealed.
“Was Pw25 being truthful? They (Court of Appeal judges) just took it as being gospel truth,” he added, referring to the appellate court’s decision to convict Anwar of sodomy.
On January 9, 2012, Anwar was acquitted by a High Court here of the charge of sodomising Mohd Saiful at the Desa Damansara condominium on June 26, 2008.
High Court judge Zabidin freed Anwar on grounds that the court could not rule out possible tampering of the DNA samples submitted as evidence.
But the Court of Appeal overturned the verdict on March 7 this year, ruling that the lower court’s judge had erred when rejecting the DNA evidence produced in the case. The court convicted Anwar of sodomy and sentenced him to five years in jail.
The Federal Court is currently hearing Anwar’s appeal of the appellate court’s decision.
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 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 Chief Justice Tun Ariffin Zakaria. 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 Maarop.
Anwar is represented by a 14-man defence team led by former Federal Court judge Datuk Seri Gopal Sri Ram. Others include lawyers Ramkarpal, R. Sivarasa, Latheefa Koya, N. Surendran and Gobind Singh Deo.
Lawyers from the prosecution team are Shafee and Deputy Public Prosecutor Datuk Mohamad Hanafiah Zakaria.
