Sodomy II: Cop says did not put DNA samples in freezer

KUALA LUMPUR, March 11 — A policeman admitted today that he ignored a scientist’s order to place swabs containing DNA samples from Datuk Seri Anwar Ibrahim’s Sodomy II case in a freezer, the High Court here heard today.

Investigating officer (IO) DSP Jude Pereira said he placed the swabs in a metal cabinet in his office to guard them personally.

“Doctor (Siew Sheue Feng) said they have to be put in a freezer so that (certain) ingredients won’t be missing,” said Pereira.

Pereira said he took the swabs from Hospital Kuala Lumpur (HKL) on June 29, 2008, where Dr Siew was working as a forensic pathologist, and placed them in his office, then in the Brickfields police headquarters.

Pereira said the swabs had been lying in his cabinet for 34 hours before he sent them to the Chemistry Department.

“It’s (actually) 43 hours,” countered Anwar’s lawyer Sankara Nair.

Pereira admitted that degradation of the DNA samples may have occurred.

“Is a metal cabinet a freezer?” asked Sankara.

“No,” answered Pereira.

He admitted that there was a freezer in the police station, but he had decided to place the swabs in his office which was air-conditioned.

“There were lots of things in the freezer,” he said.

“I placed personal importance on the items. So I put them in a metal cabinet which has air-conditioning behind it,” added the policeman.

He claimed that the temperature in his cabinet was similar to the temperature in his office.

“How do you know? You went inside the cabinet?” asked Sankara.

“I put my hand in the cabinet,” answered Pereira.

Sankara also pointed out that Pereira had violated the Inspector-General’s Standing Orders (IGSO) as the latter did not place the swabs in the police station freezer despite taking a storage number.

“Yes, it should be kept in a store,” said Pereira.

“I broke the law, but it was my decision to do so,” he added.

He also admitted that he did not inform government chemist Dr Seah Lay Hong about the conditions in which the swabs were kept.

Solicitor-General II Datuk Mohd Yusof Zainal Abiden later asked the court today to compel Anwar to provide DNA samples.

The lead prosecutor said the High Court could do so under section 73 and section 165 of the Evidence Act.

Dr Seah testified last month that she had found two unknown male DNA profiles around the anus of Mohd Saiful Bukhari Azlan, one of which she had earlier called “Male Y”.

Saiful, 25, is accusing Anwar of sodomising him at a luxury condominium in upper-class Bukit Damansara here on June 26, 2008.

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.

Sankara said today Pereira had failed to note that the date labels on some of the swabs were wrong.

Pereira read out the dates on the labels of two swabs, which were August 26.

Saiful was allegedly sodomised on June 26.

“Why didn’t you state this mistake?” asked Sankara.

“I didn’t see the mistake,” answered Pereira.

Karpal Singh, another of Anwar’s lawyers, also highlighted the Human Rights Commission Malaysia (Suhakam) inquiry in 2009 where it found Pereira had lied in his testimony.

“Jude Pereira consciously was not telling the truth or suffered from a serious problem of loss of memory,” said Karpal today, reading Suhakam’s findings at its inquiry.

Suhakam had held an inquiry in August 2009 and later concluded that the detention and arrest of five lawyers at the Brickfields police headquarters in May 2009 was a violation of human rights.

The lawyers had tried to assist their clients who had earlier attended a candlelight vigil.

Karpal also pointed out that Pereira had broken lock-up rules that mandate a lock-up period from 6pm to 6am.

“We didn’t put him (Anwar) in a lock-up (then) because we wanted to bring him to the hospital for examination,” said Pereira.

“He wasn’t put in a lock-up until he returned from the hospital. I didn’t break (any laws),” he added.

Anwar was detained at the Kuala Lumpur police headquarters overnight from July 16-17, 2008.

Both parties will make their submissions before judge Datuk Mohd Zabidin Mohd Diah on Monday.

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 loose pact of PKR, DAP and PAS to a historic sweep of five states and 82 parliamentary seats in Election 2008. - Malaysian Insider