KUALA LUMPUR: Lead prosecutor Yusof Zainal Abiden today told the High Court in the Sodomy II trial that the “Male Y” DNA samples found in Mohd Saiful Azlan Bukhari’s anus belonged to Anwar Ibrahim.
The DNA samples were obtained from a toothbrush, water bottle and towel left behind by Anwar in his holding cell on the night of his arrest (July 16, 2008) and marked as exhibits by government chemist Nor Aidora Saedon earlier this month.
Yusof said today that the samples matched the Male Y’s profile.
“It confirms that the unknown contributor Male Y is Anwar. It shows there is a prima facie case,” he said during submissions on whether Anwar should be called to enter his defence in the trial.
Yusof said that Anwar had been the only detainee in the lockup at the time the items were retrieved, as testified last month by former Bukit Aman Crime Scene Investigation (CSI) head Amidon Anan and DSP Yahya Abdul Rahman.
Government DNA specialist Dr Seah Lay Hong also told the court last month while testifying that analysis of the DNA samples retrieved from around Saiful’s anus had revealed two unknown male DNA profiles, one of which she dubbed “Male Y”.
The defence attempted to get the items thrown out as evidence as they had been obtained through what lead defence counsel Karpal Singh called “trickery and improper methods”, and seemingly succeeded during a trial-within-a-trial.
However, the judge later overturned this decision, allowing the items to be admitted as evidence.
Outside factors
Earlier, the defence team completed its submissions with Karpal questioning the credibility of the testimonies of the prosecution’s star witnesses.
He urged High Court judge Mohamad Zabidin to make his decisions without being influenced by outside factors, including “what is being said by the prime minister”.
He questioned the credibility of Saiful’s testimony, saying that he had claimed the alleged sodomy was non-consensual but had made no attempt to escape.
Karpal also pointed out that the charge against Anwar was having carnal intercourse against the order of nature under Section 377B, meaning that it was consensual.
“However, the complainant (Saiful) had testified that it was non-consensual.”
Calling it an abuse of the legal process, Karpal urged the court to charge Saiful under Section 195 of the Penal Code for fabricating evidence with intent to procure conviction of an offence punishable
with imprisonment.
He said Saiful’s conduct did not seem like that of a man who had been sodomised, pointing out that he had not tried to escape despite being younger and stronger than Anwar, and had even indulged in curry puffs and coffee once the alleged act had taken place.
Karpal also questioned why the first doctor Saiful saw, Mohd Osman Abdul Hamid, had not been called to the stand.
Neither were Ezam Mohd Nor (former PKR Youth chief) or Mumtaaz Jaafar (Rosmah Mansor’s confidante) despite being the first to meet Saiful.
Ramkarpal Singh then took Seah and Nor Aidora’s testimonies to task, stating that it would be unwise to use Seah’s report as evidence because she had been selective in her tests.
She did not deny her report was inaccurate,” he said, suggesting the pair had been biased in their reports.
‘Untruthful witness’
He also pointed out that degradation of the DNA samples retrieved from Saiful’s anus was a factor to be considered, as the sample had only been obtained 56 hours after the act allegedly took place.
Investigating officer Jude Pereira had also also not stored it inside a freezer as ordered, but in a metal safe.
Sankara Nair also took a swipe at Pereira’s testimony, calling him an “untruthful witness” as he had not only stored the DNA evidence poorly, but also tampered with the samples because Pereira had cut open the sealed sample bag from Hospital Kuala Lumpur containing the swabs with DNA from Saiful’s anus.
Describing Saiful as “a consummate liar”, he said the charge (against Anwar) was politically motivated.
This is the second time Anwar has been charged with sodomy, the first being in 1998 alongside charges of corruption.
Saiful is Anwar’s former personal aide, who accused Anwar of sodomising him at a condominium in Bukit Damansara on June 26, 2008 between 3.01pm and 4.30pm.
If convicted, Anwar faces a maximum of 20 years in jail.
After hearing the submissions from both parties, Zabidin said he will set a date to announce his decision on whether to throw out the case or proceed with the trial.
This is the second time the PKR de facto leader has been charged with sodomy, the first being in 1998 alongside charges of corruption.
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