KUALA LUMPUR: The prosecution contended yesterday that the High Court could and should allow its application for an order to require Datuk Seri Anwar Ibrahim to provide a sample of his DNA.
Solicitor-General II Datuk Mohamed Yusof Zainal Abiden said the application may be unprecedented but was permissible under the law while the Evidence Act 1950 empowers the court to issue the order.
“In the interest of justice for both parties, the court should order Anwar to provide his DNA sample for the court to discover the truth,” he said in his submission on two applications.
The first application was to order Anwar to provide a DNA sample for analysis, and the second was to review the decision at the trial-within-a-trial to exclude three items and the profile on them as evidence.
The prosecution wants a sample from Anwar to compare with the DNA profile of male “Y” found in the anus of complainant Mohd Saiful Bukhari.
The defence had argued – and the court had agreed – that the Good Morning towel, the toothpaste and the mineral water bottle taken from the cell where Anwar was detained overnight on July 16, 2008 had been obtained by improper and unfair means.
Anwar, 63, is charged with sodomising Mohd Saiful, 25, his former personal aide, at the Desa Damansara Condominium in Bukit Damansara between 3.01pm and 4.30pm on June 26, 2008.
On the review application, Mohamed Yusof submitted that Anwar’s counsel S N Nair, was informed of the arrest via a letter faxed to his office a day before the detention.
He submitted further that the arrest, even if deemed illegal, should not lead to the exhibits being excluded as evidence.
Earlier, yesterday’s proceedings were almost derailed when counsel Karpal Singh asked the court to haul up all responsible for leaking and publishing Mohamed Yusof’s submission before it was heard in court.
The submission was published by New Straits Times and the news blog Malaysia Today. Karpal said the reports amounted to contempt of court.
Mohamed Yusof said he had himself been caught offguard by the reports.
Justice Datuk Mohamad Zabidin Mohd Diah reminded all parties that the trial was ongoing and anyone committing an act of contempt “will face the music”.
The trial continues today with Karpal making his submission on the two applications. — Bernama