Mini-trial: Judge disallows items as evidence
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.
Had it gone in favour of the prosecution, it will mean items obtained in a questionable manner will be admitted as evidence.
LIVE REPORTS
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.
The Kuala Lumpur High Court has ruled as inadmissable three items from which DNA of 'Male Y' was retrieved by the police for the sodomy trial against Anwar Ibrahim.
Justice Mohamad Zabidin Mohd Diah ruled that - the mineral water bottle,
Good Morning
towel and toothbrush - cannot be tendered as evidence, thereby crimping the prosecution case.
Lawyer Karpal Singh had this morning responded to Solicitor-General II Mohd Yusof Zainal Abiden’s submission yesterday, to deter the prosecution's application to admit the three disputed items as evidence.
Karpal had previously submitted that since Anwar Ibrahim's arrest was unlawful , and the items were procured unfairly, the items should be rejected.
Yusof argued that the court should consider whether the items are relevant warranting the items to be admitted even if they were secured “illegally”.
Citing British, American, Jamaican and African case laws, he showed that 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 seen as certain to become a precedent for police to be more careful in making arrests and obtaining evidence.
Had it gone in favour of the prosecution, it would have meant items obtained in a questionable manner will be admitted as evidence.
LIVE REPORTS
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 (
right
) 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.
10.22am: The police employed unfair methods and unfair means to get the items after Anwar refused to provide a DNA sample at Hospital Kuala Lumpur, he argues.
"The court should not adopt the American case laws but adopt the Federal Court decision in the five-member bench," says Karpal.
The court should follow Malaysian laws and not English or American laws, he adds.
Karpal reiterates that unfair methods and unfair means were employed by the police.
Investigating officer Jude Blacious Pereira had instructed that no one should touch the items and this proves the trickery involved, he says.
Karpal concludes by saying the court should reject the evidence as it was illegally obtained.
10.27am: Justice Zabidin asks the court to stand down, possibly to deliver his decision.
10.35am: He rules against the admission of the three items - the mineral water bottle, Good Morning towel and toothbrush - as evidence.
He finds the DNA samples were obtained through unfair means and that the items should be excluded. Those in the public gallery applaud his decision.
10.38am: Yusof informs the court that the prosecution is not ready to proceed with the trial, as witnesses have not been called for today.
"We have three other witnesses to call, and we apply for the trial to continue tomorrow."
The hearing is adjourned to 9am tomorrow.
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Prosecution will not appeal decision
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Malaysiakini will continue its LIVE reports beginning at 9am tomorrow.
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