The samples retrieved from complainant Mohd Saiful Bukhari Azlan came under close scrutiny at the Court of Appeal, in the first day of the prosecution's appeal against Anwar Ibrahim's acquittal in Sodomy II.

 

Senior lawyer Muhammad Shafee Abdullah argued for the prosecution on the integrity of the samples retrieved from Saiful.

Lawyer Ram Karpal, for the defence, questioned whether the samples sent to the chemist could be the same ones retrieved from the complainant at Hospital Kuala Lumpur on June 28, 2008, as it was “pristine” 96 hours after the incident.

 

This was the focus of attention by both sides, as Shafee had earlier in the day said that the samples remained intact and the seals were not disturbed. This was verified by the chemist Dr Seah Lay Hong who accepted the samples.

 

This was despite retired investigating officer Supt Jude Blacious Pereira had cut open the HKL plastic bag containing the 12 samples and placed them in separate envelopes, and did not keep them in a freezer as instructed by HKL pathologist Dr Siew Sheue Feng.

 

"There is no evidence that the samples from Saiful's rectum were tampered as the seal from the bottle remains intact. With the conclusive finding of the discovery of the sperm from male Y (Anwar), the doctors concluded there was penile penetration," argued Shafee ( right ).

 

“This follows Seah accepting the envelopes and the samples on them remain intact. She then conducted examination on them,” he said, adding the bottles containing the specimens were sealed and signed by Dr Siew and Saiful as an added measure.

 

Ram, later in the afternoon questioned otherwise, as the samples taken in the inner rectum should have shown signs of degradation as it was only retrieved two days after the alleged incident, and then it was kept by Jude for in his metal cabinet and not a refrigerator as instructed.

 

He said the samples were only given by Jude to the chemist one day and a quarter after that resulting in it being 96 hours after the incident.

 

“Despite this, our foreign specialists were surprised to find it “pristine” condition whereas literature would suggest otherwise. I submit that it is possible they were not the same samples taken (from Saiful),” he said.

 

Ram also questioned the discovery of a third unidentified male DNA from semen retrieved from Saiful's peri anal area.

 

He held this showed that there was contamination and this was not disputed.

 

“There was another male contributor from the mixture of semen containing Saiful's DNA, ‘Male Y’ and another male contributor retrieved from the peri anal area. This suggests that Saiful's penetration could have been done by another person or third party,” he said.

 

'No witnesses called'

 

Shafee earlier in the day also questioned Anwar's statement from the dock and his notice of alibi which the judge took no consideration.

 

He said not one witness of the 14 he had classified as in the alleged place were called to testify.

 

"The statement from the dock, was a mere denial, and it is a classic bare denial. He (Anwar) said he was never there but no witnesses were called to support the alibi,” he said adding video camera footage and still images showed he was at the place.

 

Karpal ( right ) replied in the afternoon that Saiful's conduct was not that of a sexual victim as he could have run from the alleged place after claiming Anwar was angry.

 

He had tertiary education and was not a country bumpkin, added Karpal.

 

“The fact he met several people including Ezam Mohd Noor and Mumtaz Jaafar after the incident and not lodged a report. He only lodged a report two days after.

 

“Saiful did not go directly to HKL but he went to Pusrawi Hospital where he told Dr Mohd Osman Abdul Hamid that he was a sexual victim with plastic inserted in the anus,” said the senior lawyer.

 

“It is not the conduct of someone who has been ravaged,” he added.

 

Based on the inconsistency in Saiful's conduct and the question of the integrity of the samples, Karpal said Anwar's defence should not have been called in the first place.

 

“This is a proper case for the court to acquit Anwar,” he said.

 

The hearing continues tomorrow before Court of Appeal judges Balia Yusof Wahi, Aziah Ali and Mohd Zawawi Mohd Salleh, with Ram Karpal's submission on DNA and the integrity of the samples.