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10 APRIL 2024

Monday, February 21, 2011

Semen in anus Saiful’s own, Anwar lawyers claim

Saiful’s (right) DNA was found both on the sperm and non-sperm extracts. — file pic
KUALA LUMPUR, Feb 21 — Datuk Seri Anwar Ibrahim’s Sodomy II trial took a another twist today when defence lawyers suggested that one of the two DNA profiles from semen found in Mohd Saiful Bukhari Azlan’s anus belonged to the complainant himself.

Ramkarpal Singh, one of Anwar’s lawyers, argued that Dr Seah Lay Hong’s chemist report findings showed that seminal fluids found in Saiful’s high rectal area may be his own as Saiful’s DNA profile — identified as profile “12, 13” — was more “dominant” than the DNA profile of an unidentified “Male Y.”

“Saiful is the main contributor in the high rectal swab.

“I suggest to you the profile in B8 (swab) is Saiful, therefore (it) can be interpreted that [his] semen was found up his own anus,” Ramkarpal told the court today.

Dr Seah, however, denied this, saying that there were two types of extracts found in high rectal area — non-sperm and sperm extracts.

Saiful’s DNA profile, according to the government scientist, fell in the first category.

“Yes even though Saiful’s DNA profile ‘12, 13’ was categorised under non-sperm extract, what Dr Seah has not answered is that his DNA is also found under the sperm extract of B8.

“Saiful’s DNA is not only the main contributor in this case, but it is also found in both extracts,” defence counsel Sankara Nair told The Malaysian Insider later.

The findings of the chemist report confirmed Sankara’s arguments, as Saiful’s DNA profiles were found both on the sperm extract and the non-sperm extract.

Earlier in court today, Anwar’s lawyers continued the cross-examination of Dr Seah by asking her to comment on the validity of the chemist report.

“You’ve got a situation here where ejaculation into anus was 56 hours before report. Would you expect to see degradation in sperm quality and DNA?” asked Ramkarpal.

In response, Dr Seah said that there was “no need” to take extra steps to determine degradation despite semen being in the anus for over two days.

“It’s hard to pinpoint degradation,” she said.

Ramkarpal also questioned why there were no seminal stains found on Saiful’s undergarments and trousers if semen had been ejaculated into the complainant’s anus.

Dr Seah refused to comment on the matter, and said that Ramkarpal’s question was just a “speculation.”

The trial will continue tomorrow morning with further cross-examination of the prosecution witness, as well as the re-examination by the prosecution.

Saiful had complained that Anwar, his ex-boss, had sodomised him at a luxury condominium in upper-class Bukit Damansara here on June 26, 2008.

Saiful, now aged 25, has never named anyone else.

Anwar, the 63-year-old PKR de facto leader, is currently facing sodomy charges for the second time in his life.

He has denied the charge, describing it as “evil, frivolous lies by those in power” when the charge was read out to him.

He is charged under section 377B of the Penal Code and can be sentenced to a maximum of 20 years’ jail and whipping upon conviction. The trial is taking place 18 months after Anwar was charged in court in August 2008.

He was charged with sodomy and corruption in 1998 after he was sacked from the Cabinet and was later convicted and jailed for both offences.

He was freed in September 2004 and later resurrected his political career by winning back his Permatang Pauh parliamentary seat in a by-election in 2008, which had been held in the interim by his wife.

He led the opposition coalition, Pakatan Rakyat, to a historic sweep of five states and 82 parliamentary seats in Election 2008. - Malaysian Insider

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