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Submissions end, decision on May 16
Published:  Apr 26, 2011 1:21 AM
Updated: 9:13 AM

For the second day in a row, Kuala Lumpur High Court judge Mohamad Zabidin Mohd Diah hears the submission to the prosecution's case in the controversial Anwar Ibrahim sodomy trial.

Solicitor-general II Mohd Yusof Zainal Abiden had yesterday attempted to join the dots in the prosecution's case in highlighting the compatibility of the DNA found from the semen in alleged complainant Mohd Saiful Bukhari Azlan’s anus to the three items retrieved from Anwar's cell, that it said proves the opposition leader was the perpetrator.

azlan Yusof claimed the two independent chemist reports should be accepted and Saiful's testimony was adequate and argued that the possibility of the sodomy incident happening was made stronger with the CCTV recordings at Desa Damansara condominium that showed Anwar and the complainant were both at the scene.

In his submission for the defence, lead counsel Karpal Singh had warned the court of accepting Saiful's testimony wholeheartedly and falling into the same trap that resulted in former High Court judge Ariffin Jaka finding Anwar guilty in Sodomy I, only to see the verdict overturned by the Federal Court.

He also accused Saiful of lying that the sexual act was non-consensual whereas his actions indicated as if it was consensual.

Karpal argued that there were many opportunities for Saiful to run away from the scene, but he did not do so, pointing out that the university dropout had also allegedly been willing to sit down for another 20 minutes to have curry puffs and coffee after the alleged act.

Meanwhile, defence lawyer Ram Karpal also showed the inconsistencies in the chemist findings especially that by Dr Seah Lay Hong and pointed out that her testimony should not be accepted.

Another defence lawyer Sankara Nair raised the possibility of contamination and degradation of the samples as they were only handed to the chemist after 97 hours.

He also pointed out the possibility of tampering as the investigation officer DSP Jude Blacious Pereira had opened the package and repackaged it and kept the samples in his drawer instead not following the recommendation that it be kept in the freezer.

After hearing the submissions from both sides, judge Mohamad Zabidin will set a new date when he will deliver his decision on whether to proceed with the trial or throw it out of court. 


8.59am: The prosecution team led by solicitor-general II Mohd Yusof Zainal Abiden are already in court. They are joined by defence lawyers Param Cumaraswamy and Sankara Nair.

9.05am: Lead defence counsel Karpal Singh and another defence lawyer Ram, are both outside the court. Still awaiting the accused, Anwar Ibrahim, to arrive.    

9.11am: Anwar arrives with PKR president and wife Dr Wan Azizah Wan Ismail and a host of supporters. Court is three-quarters full with about 55 people in the public gallery.

920am: Court called into session with justice Mohamad Zabidin Mohd Diah presiding.

9.21am: Yusof submits that Pusrawi hospital's Dr Muhammad Osman Abdul Hamid's evidence could not be proven as the doctor did not conduct forensic examination on Saiful.

"In fact, Dr Osman has asked Saiful to go to the government hospital. The document (Dr Osman's) medical report is not accepted as evidence," he said.

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