The appeal by Opposition Leader Anwar Ibrahim on his sodomy conviction and sentence will extend until Friday, longer than the initial two days which was originally allocated by the Federal Court earlier.

 

This is as the prosecution led by government appointed lawyer Muhammad Shafee Abdullah is expected to only start his submission tomorrow.

 

Muhammad Shafee will only submit tomorrow as defence lawyer Ram Karpal has yet to finish submitting on the DNA evidence this afternoon and will finish tomorrow morning.

 

Shafee indicated in open court that he will submit on the points raised by newly-appointed lead counsel for Anwar, Gopal Sri Ram tomorrow.

 

"I will take two hours to reply on the DNA evidence submitted by the defence on Friday morning," he said.

Shafee (left) had indicated yesterday that he was prepared to have the case until Friday.

 

A five-member bench led by Chief Justice Arifin Zakaria is hearing the appeal. The other judges includes Arifin's number two in Court of Appeal president Md Raus Sharif, and Federal Court judges Justices Abdull Hamid Embong, Suriyadi Halim Omar and Ramly Ali.

 

Anwar was on March 7 convicted by the Court of Appeal of sodomising his former aide Mohd Saiful Bukhari Azlan and sentenced to five years' jail.

In making this decision, the Court of Appeal overturned the Kuala Lumpur High Court decision made two years ago.

 

This is Anwar's final appeal to set-aside the conviction.

The prosecution is at the same time seeking to extend the PKR de facto leader’s jail term imposed by the appellate court.

 

DNA evidence in question

 

Ram in his submission this afternoon pointed to the inconsistencies in the DNA samples retrieved from Saiful's anus.

 

He said the defence experts especially Dr Brian McDonald had questioned the pristine condition of the high-rectal swabs, which shows no signs of degradation.

 

"It is as if it is fresh, where else the sample is taken about 96 hours after the alleged incident," he said.

 

Saiful (right) , now 30, had alleged he had been sodomised by Anwar between 3.30pm and 4.15pm on June 26, 2008 at the Desa Damansara condominium. The samples were retrieved from his private part after he went to Hospital Kuala Lumpur on the night of June 28.

 

Investigating officer DSP Jude Blacious Pereira gave the samples to the Chemistry Department on June 30.

 

Ram added there are questions regarding the 12 swabs taken as they were not kept in the freezer as requested by the HKL doctors but were kept in Jude's steel cabinet.

 

The defence lawyer also questioned the presence of another alleged unidentified male DNA besides the one DNA identified as 'Male Y' in the peri-anal and high rectal swab.

This, he said, can only indicate there is contamination in the samples when taken or before it was given to the chemist.

 

He also questioned the Chemistry Department and the prosecution for not wanting to give some documents sought by the defence.

 

Ram's sister, Sangeet Kaur Deo raised the question on whether the water bottle, toothbrush, soap and towel retrieved from Anwar's cell at the Kuala Lumpur police contingent headquarters on the morning of July 17, was truly his.

 

She said there is only evidence of these items given to Anwar, but there are doubts whether he had used them, based on the testimony of the police witnesses who guarded the cell.

The 'Male Y' DNA matches the DNA found on these items.

 

Sangeet also said there was trickery and deception in the manner the police retrieved the three items.

The Kuala Lumpur High Court initially ruled in a trial within trial not to admit the evidence but later changed the decision during the main trial.

 

"There are questions surrounding the arrest warrant issued and we claim the police arrest of Anwar is unlawful and hence the retrieval of the items is also illegal," she emphasised.

 

The hearing continues tomorrow morning.

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