The mineral water bottle, Good Morning towel and toothbrush retrived from the lock-up Anwar Ibrahim was kept overnight in July 2008 cannot be accepted as evidence in his Sodomy II trial.
Justice Mohamad Zabidin Mohd Diah;s ruling in the Hiogh Court in Kuala Lumpur today has therefore crimped the prosecution case which has been so far hinging on the DNA of the 'Male Y' retrieved from the three items.
Responding to the yesterday's submission by Solicitor-General II Mohd Yusof Zainal Abiden, lawyer Karpal Singh maintained that the three items submitted by the prosecution could not be admitted as evidence as they were obtained unfairly and by trickery.
Karpal had previously submitted that since Anwar's arrest was unlawful, and the items were procured unfairly and should therefore be rejected.
Yusof argued that the court should consider whether the items are relevant, and that they should be admitted as evidence even if they were secured “illegally”.
Citing British, American, Jamaican and African case laws, he pointed out that even cigarette butts and a mineral water bottle from an accused person had been accepted as evidence in sexual assault and murder cases.
The ruling for the defence is certain to set a precedent and police from now could well be seen to be more careful in making arrests and obtaining evidence, some legal persons present said.
9.45am: Representatives of the American, Spanish and Australian embassy are among those present in the public gallery.
9.47am: The prosecution team led by Solicitor-General II Mohd Yusof Zainal Abiden walks into court.
9.53am: Anwar Ibrahim arrives with wife Dr Wan Azizah Wan Ismail. There are still many empty seats in the public gallery.
9.56am: Defence counsel CV Prabhakaran arrives with colleague, Sankara Nair.
10.06am: Lead defence lawyer Karpal Singh arrives with another senior lawyer, Param Cumaraswamy. They are followed shortly by Johor PKR chief Chua Jui Meng.
The courtroom is almost packed.
10.11am: The trial resumes with Justice Mohamad Zabidin Mohd Diah presiding.
10.16am: Karpal begins his reply to Yusof's submission. He maintains the items were obtained by trickery and were unfairly obtained.