KUALA LUMPUR, Mar 16 — Datuk Zaid Ibrahim should know the bounds of the law of contempt, and not “fish in troubled waters” in demanding that Datuk Seri Anwar Ibrahim surrender a DNA sample for the Sodomy II trial, Karpal Singh said today.
The lead defence counsel in Datuk Seri Anwar Ibrahim charged that as a lawyer, Zaid should understand the fact that in a criminal trial, it was up to the prosecution to prove the guilt of an accused person, and not the other way around.
“As a lawyer, Zaid should know the bounds and parameters of the law of contempt. Zaid should not fish in troubled waters. It is a deadly risk, and the consequences can be equally deadly,” Karpal said in a statement today.
Zaid, a former PKR leader-turned-president of newfound party KITA, had urged Anwar to surrender a sample of his DNA to prove his innocence and gain credibility.
The maverick politician had predicted that such an act would help Anwar achieve better moral standing among the electorate, as the public would find it hard to accept a leader who refuses to furnish “facts that could clear his name”.
In response, Karpal stressed today that there was no need for Anwar to provide DNA samples, citing the example of his first sodomy trial where it was stated on record that Anwar’s DNA profiles had been “abused” by the police.
This, according to the veteran lawyer, justified Anwar’s refusal to provide the said samples.
“As Anwar’s defence counsel, I am warning all quarters, including politicians, not to defy Justice Datuk Mohd Zabidin Mohd Diah’s reminder that anyone committing an act of contempt in the ongoing trial will face the music.
“Any act by anyone, however subtle, to influence the decision of a judge in an ongoing trial amounts to contempt of court,” said Karpal.
Anwar is currently facing sodomy charges for the second time in his life after former aide, Mohd Saiful Bukhari Azlan, alleged that he had been sodomised by the former at a luxury condominium in upper-class Bukit Damansara here on June 26, 2008.
Anwar has denied the charge.
Anwar’s defence lawyers recently won a ruling in which all evidence retrieved from the lock-up during the period — a towel, a toothbrush and a mineral water bottle as well all DNA samples relating to the items — was expunged.
The prosecution has, however, asked the court to review that ruling, resulting in two submissions by lead prosecutor Datuk Mohd Yusof Zainal Abiden on Monday — one demanding a review of the ruling, and another urging the court to compel Anwar to provide DNA samples for comparison with the genetic material found in Saiful’s anus.
Yusof said that while Mohd Zabidin could not compel Anwar to surrender the DNA samples, the judge could order someone else to obtain them from him.
What was relevant, according to Yusof, was whether the DNA obtained from Saiful’s anus could be matched to that of the accused (Anwar).
Yusof said that Mohd Zabidin should not be concerned with how evidence samples in the trial were obtained “as long as it is relevant, it is admissible.”
Government scientist Dr Seah Lay Hong testified last month that she had found two unknown male DNA profiles around Saiful’s anus, one of which she had identified earlier as “Male Y”.
Anwar had refused to provide DNA samples in his first sodomy trial in 1998 for fear they could be manipulated.
Former Kuala Lumpur CID chief Datuk Mat Zain Ibrahim also claimed last January that DNA evidence was fabricated in Anwar’s first sodomy trial.
The DNA Identification Act 2008 was passed to compel suspects to provide DNA samples, despite protests from Pakatan Rakyat (PR) lawmakers.
Besides Zaid, BN-friendly groups like Perkasa and Gerakan Anti-Penyelewengan Selangor (GAPS) staged protests on Sunday outside PKR’s headquarters, demanding that Anwar surrender samples of his DNA to the prosecution in the ongoing trial.
PKR Youth Chief Shamsul Iskandar Mohd Akin said today that attempts to compel Anwar to surrender his DNA samples was part of a carefully-concocted scheme to discredit the PKR defacto leader’s image.
“What is happening (now) ... is that the attacks against Anwar are the worst form of character assassination in the political history of this country,” said Shamsul. - Malaysian Insider
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