The defence in the Anwar Ibrahim Sodomy II trial failed in a last ditch attempt today to have the Kuala Lumpur High Court review yesterday’s decision.

NONE Today’s trial also saw the prosecution led by solicitor-general II Mohd Yusof Zainal Abiden ( right ), telling the court that they have closed its case after recalling two witnesses.

A total of 27 witnesses were called by the prosecution during the 57-day trial. This does not include the hearing of appeals at the Court of Appeal and Federal Court.

At the start of today’s proceeding lead counsel Karpal Singh indicated they would like a review of yesterday surprising decision that saw Justice Mohamad Zabidn Mohd Diah overturning a decision he made in the trial-within-a-trial on March 8.

Karpal said the application was filed today and this should be heard first before the court listens the testimony of the two recalled witnesses.

However, Justice Mohamad Zabidin Mohd Diah said he will hear the testimony of the two witnesses and this led to Karpal objecting to the court’s intention to go ahead with the trial.

After agreeing to meet the parties in chambers, Justice Zabidin agreed to hear the application.

Rock of Gibraltar

Karpal begin his submission by telling the court that it was only on March 8 that the court decided not to admit the three items - the mineral water bottle, towel and toothbrush - when the court had ruled that those items were obtained through unfair methods and means .

“What is most significant is the Lock-up Rules, where Rule 20 states the time to rest for suspects is 6pm to 6am, where the suspect must be kept in the lock-up. A contravention of that rule would make the detention unlawful.

NONE “Anwar was taken to Hospital Kuala Lumpur at 8.30pm and brought back at 10.30pm. This is a clear  contravention of Rule 20. This shows unfair method and unfair means were used to procure the items. Furthermore, directions were given not to touch the items after Anwar left,” Karpal ( left ) said.

“This shows deception to gain the DNA. The Federal Court had ruled that evidence gained by a trick or deception should not be accepted as it would be unfair to the accused.

“Your lordship should stand as the Rock of Gibraltar, unwavered by any other thing from outside in making a decision.”

Yusof submitted that there was no new evidence presented before the court. He went on to say detention does not necessarily mean the person should be placed in the lock-up.

“None of the lawyers said anything (on July 16, 2008) that you must be in the lock-up then. In fact, Anwar was allowed to spend time with his family. DSP Yahya Abdul Rahman said ‘do not touch’ (the items), but it was directed the next morning. It was not the IO (investigating officer) who directed ‘not to touch’.

“It was not the IO (Jude Blacious Pereira) who directed the collection of samples. It came from the higher-up, the Federal Territory CID chief,” he said.

Following a 10 minute break, Justice Zabidin rejected Anwar’s review application, and ruled there were no  grounds for him to review yesterday’s decision and it is dismissed.

Witnesses recalled

Following the ruling, former Crime Scene Investigation chief Supt (Rtd) Amidon Anan was recalled  to verify the items he recovered from Anwar’s cell, where the politician spent overnight on July 16, 2008.

NONE Replying to DPP Nordin Hassan, Amidon ( left ) said on July 17, he took four items - the strand of hair, mineral water bottle, toothbrush, and towel - and sealed them.

After carefully checking those items, he verified these were the items which he retrieved. The items which were earlier in controversy following the March 8 ruling were then accepted as evidence.

After Amidon’s testimony, chemist Nor Aidora Saedon took the stand, where she told the court that Pereira handed the four items to her.

“I examined and analysed them,” she said in replying to questions from DPP Noorin Badaruddin.

After this, Nor Aidora was shown her chemist’s report and also the electropherogram chart, which were late marked as evidence.

Prosecution closes case

After the two witnesses testified, Yusof told the court that the prosecution has closed its case. He then handed the witness list to the defence, saying there are 71 witnesses which are offered to the defence.

“There are 27 witnesses called by the prosecution,” he said in applying to the court to fix a date for submission.

Justice Zabidin then fixed April 18 for submission, and following that, the judge will deliver his verdict at an undecided date. April 18, is immediately after the Sarawak state elections which is scheduled on April 16.