KUALA LUMPUR, March 11 (Bernama) -- The High Court on Friday ordered the prosecution and defence in the Datuk Seri Anwar Ibrahim sodomy trial to make submissions on Monday on two prosecution applications, one of which is to order Anwar to provide a DNA sample.
Justice Datuk Mohamad Zabidin Mohd Diah gave the order after the head of the prosecution, Solicitor-General Datuk Mohamed Yusof Zainal Abiden, made the applications at the end of the prosecution's case.
One of the applications was for the court to use its powers under the Evidence Act 1950 to compel Anwar to provide a DNA sample for analysis. The other was to review the decision of the court not to allow three items to be tendered as exhibits following a trial-within-a-trial.
Anwar's lawyer Karpal Singh objected to the prosecution's applications.
Anwar, 63, Parti Keadilan Rakyat advisor and Permatang Pauh MP, has claimed trial to performing carnal intercourse against the order of nature on his former aide Mohd Saiful Bukhari Azlan at a condominium unit in Bukit Damansara, Kuala Lumpur, on June 26, 2008.
Mohamed Yusof said the application for the DNA sample was in accordance with sections 73 and 165 of the Evidence Act, and arose following the testimony of witnesses, particularly chemist Dr Seah Lay Hong, who confirmed the presence of several DNA profiles in the anus of Mohd Saiful.
"The application is made to seek the truth and justice for all quarters," he said.
He also applied for the court to review the decision of Justice Mohamad Zabidin at the end of a trial-within-a-trial pertaining to the admissibility of three items as exhibits.
The judge had ruled that a toothbrush, towel and mineral water bottle taken from the lockup where Anwar was kept overnight were obtained by unfair means and therefore should be excluded from the trial.
Mohamed Yusof argued that the warrant for the arrest of Anwar had been admitted as an exhibit after the trial-within-a-trial.
Earlier, Karpal Singh recalled Mohd Saiful, saying that Dr Seah had testified that three DNA profiles were found in Mohd Saiful's anus.
Karpal Singh: Did you use the toilet between 26 and 28 June 2008?
Mohd Saiful: I did.
Karpal Singh: You did?
Mohd Saiful: Yes, but only to urinate.
Karpal Singh: Not to defecate?
Mohd Saiful: No.
Karpal Singh: Where?
Mohd Saiful: At several places.
Karpal Singh: Dr Seah had testified that he found the DNA profiles of three individuals, meaning two or three partners had engaged in sex with you?
Mohd Saiful: I do not agree.
Replying to Mohamed Yusof during re-examination, Mohd Saiful said he did not bathe but only wiped himself between 26 and 28 June 2008, once at the condominium where the alleged sodomy took place and at his house the following day.
Mohd Saiful also said that he did not stay overnight anywhere else but his house during that period.
Under cross-examination by Karpal Singh earlier, investigating officer Supt Judy Blacious Pereira told the court that Mohd Saiful, in the course of having his statement recorded, had said that he had met Prime Minister Datuk Seri Najib Tun Razak before 24 June 2008 to complain about sodomy incidents.
Supt Judy said the complainant had also met his friend, one Rahimi Osman, his uncle named Tuah and a former political secretary of Anwar, Mohamed Exam Mohd Noor, after the alleged incident.
Replying to a question from Karpal Singh, the police officer said he had recorded the statements of Najib and his wife, Datin Seri Rosmah Mansor, in relation to the complaint by Mohd Saiful.
Asked by Karpal Singh for the basis of the application for the warrant of arrest, Supt Judy said he had sufficient grounds after having recorded the statements from the complainant and witnesses and with the chemist's report on the analysis of semen.
The 25th witnesses also said that a day before making the application, he had faxed the office of Anwar's lawyer, S.N. Nair, over the recording of a statement and Nair had agreed to come to the Kuala Lumpur police headquarters at 2.30pm on 16 July 2008.
Supt Judy also said that Anwar's presence at the police station was as a "witness" and there was no intention to arrest him.
Replying to a question from lawyer Ram Karpal Singh, Supt Judy said he had kept the cotton swabs collected by forensic pathologist Dr Siew Sheue Feng from Mohd Saiful at the Kuala Lumpur Hospital on 28 June 2008 in a safe at the Brickfields district police headquarters although the expert had advised him to keep the exhibits in a refrigerator.
The 26th witness, arresting officer Supt Ahmad Taufik Abdullah of the Bukit Aman Serious Crimes Division, said he had received orders from CID Director Datuk Seri Mohd Bakri Zinin to ready a team and arrest Anwar if he were to change his route from the headquarters of the Malaysian Anti-Corruption Commission to the police station.
"From the orders I received, Anwar should come to the police station.
However, when his vehicle made a detour, I ordered two patrol cars to intercept his vehicle and a team of commandos caught him, and I arrested him myself," Supt Taufik said.
-- BERNAMA