Malaysian Kangaroo Court overturns decision, admits crucial evidence

The judge however refused to grant an application by the prosecution to compel Anwar to submit his DNA.

KUALA LUMPUR: In a ruling which drew indignation from the gallery, High Court judge Mohamad Zabidin Mohd Diah decided today that the three items taken from Anwar Ibrahim’s cell on the night of his arrest – a towel, mineral water bottle, and toothbrush – would be admitted as DNA evidence.

The judge had previously ruled during a trial-within-a-trial that these three items would not be admitted as evidence as they were obtained unfairly.

Justice Mohamad Zaidin today said when he made his initial decision, the court did not have the testimony of investigation officer Supt Judy Blacious Pereira and arresting officer Supt Ahmad Taufik Abdullah, who confirmed that the arrest on July 16, 2008 was lawful.

“I decided to exclude the exhibits since the prosecution could not tender it at that time (during the trial-within-a-trial) and since this application was made after the evidence of the IO to support the prosecution, I now agree with their contention that the arrest of the accused was lawful,” ruled Mohamad Zabidin.

Mohamad Zabidin made the ruling this morning following an application by the prosecution to review his previous decision. The prosecution also wanted the court to order Anwar to provide a DNA sample.

Judge Zabidin however refused this second request.

The judge said that after looking at the Section 73 and Section 165 of the Evidence Act 1950, there were no provisions for the court to make such an order.

“Both Sections are more about handwritings and fingerprints, and DNA is not included. There is therefore no justification for the court (to make such an order),” he said.

Following the ruling, solicitor-general II Mohd Yusof Zainal Abiden requested for government chemist Nor Aidora Sameon and police superintendent Amidon Anan to be recalled to the witness stand to admit the three items as evidence.

The prosecution is relying on the DNA taken from these three items to link Anwar to the alleged sodomy.

Anwar, 63, is charged with sodomising his former aide, Mohd Saiful Bukhari, 25, at the Desa Damansara Condominium in Bukit Damansara between 3.01pm and 4.30pm on June 26, 2008. If convicted, Anwar can be sentenced to a maximum of 20 years jail and whipping.

Ruling unusual

Speaking to reporters after the trial, Anwar felt the court was pressured by the public demand from the BN government for his DNA to be tendered as evidence.

“I am surprised (with the ruling today) but it is not totally unexpected in the light of open public demand from Prime Minister Najib Tun Razak and the entire cabinet calling for the DNA to be adduced,” he said.

“(They were) not questioning whether there is a possibility of tampering or planting, but just to talk about DNA and of course the Umno/Perkasa sycophants follow without question,” he added.

His lead counsel Karpal Singh said he was disappointed with the ruling as the judge had only spoken about unlawful arrest and not lock-up rules or other legal aspects.

Another defence lawyer, Ram Singh, said that the reversal of the ruling was “extremely unusual”.

Outside the courtroom, Anwar supporters had gathered since morning with makeshift placards emblazoned with slogans such as ‘Dakwa Dato’ T’ and ‘Mana DNA ’98′ – in a clear reference to the new sex tape scandal involving Anwar.

Court will reconvene at 9am tomorrow.