Anwar’s arrest lawful, evidence reinstated

Anwar arrives at the High Court in Kuala Lumpur for his sodomy trial, March 23, 2011. — Picture by Choo Choy May

KUALA LUMPUR, Mar 23 — Ruling Datuk Seri Anwar Ibrahim’s 2008 arrest for sodomy to be legal, the High Court here today reversed its earlier decision to exclude evidence obtained following the opposition leader’s detention then.

Judge Datuk Mohd Zabidin Mohd Diah made the decision this morning.

Anwar’s defence lawyers recently won a ruling in which all evidence retrieved from the lock-up during the period — a towel, toothbrush and mineral water bottle as well all DNA samples relating to the items — was expunged.

The prosecution, however, asked the court to review that ruling, resulting in two submissions by the prosecution — one demanding a review of the ruling, and another urging the court to compel Anwar to provide his DNA samples for reference to those found in complainant Mohd Saiful Bukhari Azlan’s anus.

Today, Mohd Zabidin said the presentation of the warrant of arrest by the prosecution proved that Anwar’s arrest was within legal jurisdiction.

“Now, in light of evidence of IO and arresting officer, arrest is indeed lawful.

“Detention of the accused could no longer [be] said [to] be done to obtain DNA (illegally)... the court allows those items to be tendered as evidence,” said the judge.

The judge, however, rejected the prosecution’s second application for Anwar to surrender his DNA sample, saying that there were no case laws to support the application.

“The application to compel accused to give DNA sample [is] rejected,” said Mohd Zabidin.

Anwar’s protestations could be heard clearly throughout the silent courtroom when the decision was read.

“Are you really surprised? Are you really?” the PKR de facto leader said as he turned to face reporters shortly after the decision was delivered.

Speaking to reporters later, Anwar said he believed the judge had been under pressure to deliver the decision.

“I’m not totally surprised in light of open public demands by (Datuk Seri) Najib (Razak) and [the] Cabinet calling for my DNA to be adduced,” said Anwar.

Anwar’s lawyer, Karpal Singh, expressed disappointment in today’s ruling, and maintained that the July 16, 2008 arrest and evidence obtained subsequently were illegal.

“The arrest was wrong, it was in contravention of the lock-up rules... the manner in which DNA was obtained was through unfair means,” said Karpal.

The trial will resume tomorrow, when the prosecution will call two of its witnesses — chemist Dr Nor Aidora Saedon and Supt Amidon Anan — to tender the said items to be marked as evidence.

Government scientist Dr Seah Lay Hong testified last month that she had found two unknown male DNA profiles from swabs taken of Saiful’s anal region, one of which she had earlier called “Male Y”. - Malaysian Insider