Kuala Lumpur High Court judge Mohamad Zabidin Mohd Diah today ruled that the arrest of Anwar Ibrahim in 2008 was lawful and reversed his decision in the trial-within-a-trial held earlier this month.                    

NONE Justice Zabidin said he took into consideration the testimony of the investigating officer Jude Blacious Pereira ( right ), who was not called during the trial-within-a-trial.

"After considering the evidence before me, along with the testimony of the IO (investigating officer) and the arresting officer (Supt Ahmad Taufik Abdullah), I rule the arrest was lawful.

"With this, the items retrieved from the cell - (the mineral water bottle, toothbrush and towel) - can be tendered as evidence," he said in his brief three-minute decision.

However, the judge disagreed with the prosecution's application to order Anwar to give his DNA sample for testing. He said that, after scrutinising the law under section 73 and 165 of the Evidence Act, he found no provision for the court to allow the application.

After the ruling was given, solicitor-general II Mohd Yusof Zainal Abiden made an application on behalf of the prosecution to recall two witnesses.

NONE Although Yusof did not state who they are, they are expected to be chemist Nor Aidora Saedon (right) and former crime scene investigation head Amidon Anan, both of whom were involved in retrieving DNA samples from the three items.

Yusof said he had not made any preparations to recall the duo in light of uncertainty as to which way the decision would go today.

"Can the trial be postponed to tomorrow?" he asked.

Justice Zabidin consulted lead counsel Karpal Singh, who replied that the defence does not have any objection.

The judge said the hearing would resume tomorrow at 9am.

Anwar then said from the dock that "political pressure" had been exerted on the court.

Comments outside court

Yusof, commenting on the decision, said the ruling is in accord with established principles of law based on decided cases in Malaysia and the Commonwealth.

azlan Karpal said he is upset with the decision but feels the judgment was incomplete.

“There was a question of unfairness in the police obtaining the evidence from the cell and this is not addressed,” he said.

“We cannot appeal this ruling following the federal court ruling that it did not dispose of the rights of the accused,” he said.

Another lawyer, Sankara Nair, concurred that the decision is a blow, but said "we now have to rely on the other evidence and inconsistencies raised during the testimonies of the doctors and chemist".

“Of course when the trial-within-a-trial ruling came, we were glad but when this is overturned it will result in more work for us,” he said.

buah pala high chaparral vigil 200609 yusmadi Balik Pulau MP Mohd Yusmadi Yusoff ( left ), who is a lawyer, said it is a flawed decision and unusual in the meaning of justice.

“This may lead to wrongful conviction and this is truly a malicious prosecution,” he said.

Johor PKR chief Chua Jui Meng believes there has been pressure from the government.

Normally, when a trial-within-a-trial decision has been made, he says, it is very rarely overturned.

“However, in this case the court allowed further submissions and review after the prosecution had finished calling its witnesses,” decried Chua, who is also a lawyer.

Anwar’s comments

Anwar told reporters outside the court that there is pressure from Prime Minister Najib (Abdul Razak) and the cabinet, when they openly said he should provide his DNA sample.

“There have been open public demands by Prime Minister Najib (Abdul Razak) and the entire cabinet, calling for DNA to be adduced," he said.

“They are not calling for justice, not calling for procedures of the law to be respected, not questioning whether there is a possibility of tampering or (evidence being) planted.

azlan “They are just talking about DNA and Umno/Perkasa, pressuring me to hand over my sample."

Anwar said the decision today is unprecedented as in a matter of weeks or days the judge has reversed his decision in the trial-within-a-trial.

“The judge had earlier not allowed evidence taken through unlawful means and through trickery, deceit and deception. I am innocent, so we will adduce this,” he said.

Anwar emphasised that Umno leaders are obsessed with targetting opposition leaders, and not with countering corruption which is rampant.

Asked if he would appeal, Anwar said he would consult his lawyers.

“I will discuss with my lawyers on the next course of action. We will plan and face it head on,” he said.

Anwar also told supporters that, if they want to protest, they should do so peacefully, just as Egyptians had done against Hosni Mubarak.