Karpal claims evidence obtained illegally in Sodomy II

KUALA LUMPUR, Mar 1 — Karpal Singh claimed today that illegal methods were used by the police to obtain items from a holding cell where Datuk Seri Anwar Ibrahim was detained overnight on July 17, 2008.

Karpal, Anwar’s lead defence counsel, had raised objections to several items — a “Good Morning” towel, a toothbrush, a single strand of hair and a mineral water bottle — being used as evidence for the prosecution in the Sodomy II trial.

“We want this evidence to be ruled inadmissible, on the grounds that improper methods were used to secure these exhibits,” said the veteran lawyer.

Karpal said that a trial-within-a-trial was needed and would present his submissions tomorrow to validate the need for such a trial.

If trial judge Datuk Mohd Zabidin Mohd Diah were to rule in favour of the defence, this means that Anwar himself will have to testify in court to give his account of what happened between July 16 and July 17, 2008.

“If the judge allows this, Anwar will go on the witness box and testify. But the prosecution can only ask him on the admissibility of evidence, nothing else,” Karpal told reporters later.

“If we have a trial-within-a-trial, if they can prove unfair methods were employed, (even) we don’t know what the unfair methods are,” argued lead prosecutor Datuk Mohd Yusof Zainal Abiden in protest.

Mohd Zabidin said, however, that it was up to Anwar’s lawyers to establish the need for a trial-within-a-trial, and not the prosecution.

“That’s up to (the) defence to prove,” said the judge.

Karpal told reporters later that he wanted the items to marked from evidence (P) to ID.

Earlier today, several police officers, who were on duty at the lockup where Anwar was detained, testified that the PKR de facto leader was the only one held that night.

The police officers also maintained that none of the items were touched or moved from their original place in the lockup after Anwar had been released the following day.

DNA profiles have so far been obtained from the "Good Morning" towel, the toothbrush and the mineral water bottle.

Government chemist, Nor Aidora Saedon, testified last week that graph results showed that there were two main DNA profiles on the evidence samples — that of “Male Y” together with an unknown DNA profile.

She had already testified on February 23 that the DNA profiles found on the said items matched that of an unknown “Male Y”, whose sperm extracts had been found in Mohd Saiful Bukhari Azlan’s anus earlier.

The trial will resume tomorrow at 2.30pm with both sides presenting their submissions on the matter.