KUALA LUMPUR (March 11, 2011): The prosecution in the Datuk Seri Anwar Ibrahim sodomy trial wants the High Court to exercise its powers to direct Anwar to provide specimen for DNA profiling in order to find the truth.
The prosecution also wants High Court judge Datuk Mohamad Zabidin Mohd Diah to review his own decision in the "trial-within-a-trial", in which he ruled to exclude a
toothbrush, a "Good Morning" towel and a plastic mineral water bottle as evidence.
After the last prosecution witness testified today, Solicitor-General II Datuk Mohd Yusof Zainal Abiden said the prosection will apply for the court to review the ruling based on a new development – the testimony of a witness.
He said the warrant of arrest for Anwar was provided through Investigating Officer
DSP Jude Pereira to the court. (Jude did not testify in the "trial-within-a-trial" and warrant of arrest was presented through Jude, in the main sodomy trial, yesterday).
Mohd Yusof said the court should exercise its power under section 73 and 165 of the
Evidence Act to direct Anwar to provide specimen for DNA profile.
"The court should order to find the truth," said Mohd Yusof as certain facts are in dispute. He said the court should ascertain the truth on whether the profile of the DNA found in Saiful's anus is the one belonging to Anwar.
However, Anwar's lawyer Karpal Singh said they are objecting to the request. He said to tell the judge to direct Anwar to give samples for DNA purposes has never been done before. The judge then asked both parties to submit on Monday on the issues.
Earlier, Mohd Saiful Bukhari Azlan was asked to be recalled to testify by Karpal on certain facts. This was allowed by the judge.
Saiful was asked whether there were two or three people had sex with him as there
were more than one DNA profile found outside his rectum. Saiful said: "No".
Karpal asked Saiful whether he went to the toilet between June 26 and June
28, 2008. He said he went to the bathroom but did not defecate.
Under re-examination by Mohd Yusof, Saiful said he did wash his body between June 26, 2008 and June 28, 2008; once in the condominium and at his house, on the next
day.
In his testimony, Pereira revealed that he took a statement from the wife of the prime minister Datin Seri Rosmah Mansor on July 17, 2008.
Jude was also asked by Karpal whether Saiful met Prime Minister Datuk Seri Najib Abdul Razak (after the alleged sodomy). Jude replied: "No. That was before the incident." (The alleged sodomy took place on June 26, 2008)
Karpal: You said Saiful met with Najib?
Jude: He met with Datuk Seri Najib before June 26, 2008.
Jude told the court that Saiful had complained to few people between June 26,
2008 and June 28, 2008.
Jude also said that he applied for warrant of arrest on July 15, 2008 as he had
"reasonable suspicion" to arrest Anwar.
He agreed with Karpal that on July 16, a specific time was set to record Anwar's statement and that the statement 112 of Criminal Procedure Code was to record statement as a witness.
He agreed with Karpal that Anwar was to attend to record statement and not to be
arrested on July 16.
When asked for the reason given for the application of the warrant of arrest, Jude said he could not remember. He also said he had the warrant of arrest with him when Anwar was arrested.
He also told the court that he kept the cotton swabs taken from Saiful in a steel cabinet in his office instead of a freezer.
To a suggestion by Anwar's lawyer S.N. Nair, he disagreed that he had tampered with the exhibits.
Another witness, Superitendent Ahmad Taufik Abdullah said Datuk Bakri Zinin ordered him to arrest Anwar and that he did not know that there was a warrant of arrest at that time.
The hearing continues.