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10 APRIL 2024

Wednesday, September 21, 2011

Prosecution to continue grilling foreign DNA expert

The prosecution in the Anwar Ibrahim sodomy trial will continue to cross examine foreign DNA expert Dr Brian McDonald for the second day when hearing continues today.

Yesterday the prosecution questioned McDonald's credibility when it showed the court that some of his testimonies in other cases came under disrepute.

McDonald also conceded making a mistake when he alleged during the examination-in-chief that it was wrong for chemist Dr Seah Lay Hong to have the acid phosphatase test on the cotton swabs retrieved from the victim.

McDonald also agreed with solicitor-general II Mohd Yusof Zainal Abiden over a finding in a journal that sperm can last in the rectum for 113 hours.

However, he disagreed with the prosecution when shown a Thai hospital finding that semen can last for 19 days in a female's private part.

The prosecution is expected to finish its cross-examination of McDonald today.

LIVE REPORTS

8.56am: Among those present in the public gallery of the Kuala Lumpur High Court in the Jalan Duta Court Complex is Machang MP Saifuddin Nasution and Baginda Minda.

Baginda was a defence witness in Anwar Ibrahim's first sodomy trial 10 years ago.

9.15am: The accused, Anwar Ibrahim, arrives in court with wife and PKR president Dr Wan Azizah Wan Ismail.

9.40am: Lead defence lawyer Karpal Singh enters the courtroom.

9.42am: Defence lawyers Karpal Singh, Sankara Nair and Param Cumaraswamy along with solicitor-general II Mohd Yusof Zainal Abiden and deputy public prosecutor Nordin Hassan go into High Court justice Mohamad Zabidin Mohd Diah's chambers.

9.58am: Proceeding starts with Justice Zabidin presiding.

9.59am: McDonald takes the witness stand, with cross examination to be done by Yusof.

Yusof asks McDonald relating to differential extraction whether he conducts such procedures in his labs.

McDonald says he does not have a lab as he is merely a consultant.

Yusof asserts that McDonald is testifying based on personal experience, but the witness says he does not understand the question.

10.02am: Yusof asks McDonald if he had made the accusation that the procedure conducted by Seah as being flawed.

McDonald disagrees with that statement, and explains that (he said) Seah did not do certain procedures to separate cells.

The witness claims that the DNA came from amphethalia cells, not the actual DNA of a proper person.

10.10am: Yusof is asking questions based on an article which McDonald used in court.

10.11am:
Yusof says if one does not do the slide then, one cannot see the cells below.

McDonald agrees.

10.28am: Yusof claims Seah had correctly conducted the extraction process.

McDonald disagrees with this.

Yusof says Seah recovered spermatozoa in Saiful's anus before the extraction process.

McDonald replies that there are two cell types and two contributors. Seah must prove that cell type produced the right DNA.

10.34am: Yusof is focussing on where the slide procedure was to be done after extraction.

McDonald reads a paragraph showing it needs to be done.

An argument ensures.

10.37am:
Yusof suggest McDonald is misleading the court. Sankara objects, saying it is an unfair allegation.

[More to follow]

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