Solicitor-General II Mohd Yusof Zainal Abiden said on Friday, after its last witness was called, that the applications made under Sections 73 and 165 of the Evidence Act 1950 were to do justice to the case.
"The court needs to obtain proper proof of the facts, especially where the facts are in dispute, whether the DNA from the sperm cell found in Saiful's anus belongs to Anwar Ibrahim. We need to determine justice and the truth in this case." The defence team led by Karpal Singh had objected to the applications leading to Justice Mohamad Zabidin Mohd Diah fixing today to hear arguments from both sides.
In a critical ruling last Tuesday, the judge had rejected three items - a mineral water bottle, toothbrush and towel - as evidence as they were procured by unfair means while Anwar was held overnight in a police lock-up.
Yesterday Yusof told Malaysiakini that if the application were to be allowed, the court will supervise the entire process of obtaining Anwar's DNA.
“The court can supervise the taking of the sample, and the court can also direct to which accredited laboratory (it is to be) sent for analysis.
“That way the integrity of the evidence cannot be questioned,” he said.
The prosecution is to make their submission first, followed by Karpal's reply. Yusof will then reply to Karpal's arguments. After hearing the submissions, the judge will make his decision on both applications.
LIVE REPORTS
8.53am: Reporters are allowed to go into the courtroom, while the public gallery fills up with supporters of Opposition Leader Anwar Ibrahim.
Defendant Anwar, his wife and PKR president Dr Wan Azizah Wan Ismail and daughter and Lembah Pantai parliamentarian Nurul Izzah arrive in court.
Defence counsel Sankara Nair is seen reading the New Straits Times (NST) which today has an article detailing the affidavit to be submitted to court by the prosecution today.
9.03am: Sankara says that the defence may cite NST for contempt of court.
"This is totally an abuse of the process of law by the AG's (attorney-general's) office. They are behaving and acting like the political arm of the government.
"If the law has determined certain issues, the AG should not resort to extrajudicial means ... to go about seeking or pressing Anwar politically to do what is not within the confines of the law.
"It happened before, in 1998, when the prosecutors used the (government) controlled media to release (affidavits by) the police chief and a witness even before the trial started.
"This would be contempt of court. We need to now decide with the full legal team on how to move for contempt."
9.19am: The court is called into session with Justice Mohamad Zabidin Mohd Diah presiding.
- Malaysiakini
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