The prosecution's appeal against Anwar Ibrahim's acquittal in Sodomy II continues today with defence lawyer Ram Karpal resuming his submissions on the semen samples taken from complainant Mohd Saiful Bukhari Azlan.
Ram indicated to court yesterday that he would need another two hours to wrap up his submission. He is expected to provide further arguments on the issue of the integrity of the semen samples and the possibility of the samples being tampered with.
Much focus on the prosecution and defence rests on the integrity of the samples as Kuala Lumpur High Court judge Mohd Zabidin Mohd Diah in acquitting Anwar, found it was not safe to call for conviction based on the possibility that the samples could have been tampered with.
It was revealed in court that investigating officer Supt Jude Blacious Pereira had opened the sealed plastic bag from Hospital Kuala Lumpur (HKL) and placed the 12 samples in separate envelopes before handing them over to the chemist for analysis.
While government appointed lawyer Muhammad Shafee Abdullah maintained the chain of evidence was not broken despite the plastic bag from HKL being opened, Ram suggested otherwise due to the “pristine” nature of the semen samples despite being examined four days after the alleged incident.
After the alleged sodomy incident on June 26, 2008 at the Desa Damansara condominium, Saiful testified that he did not bathe and wash in order "to keep the evidence". He lodged a police report two days later and the samples were retrieved on the night of June 28 and early morning 29.
The samples were then kept by Pereira, not in a freezer as instructed by HKL doctors, but in a metal cabinet in his office and later handed to the chemist on the evening of June 30.
Shafee (right) had also made a technical argument in that the court's test should be on the balance of probabilities, while senior counsel Karpal Singh said this was wrong as the court must adopt the ‘beyond reasonable doubt’ approach.
In criminal proceedings, the prosecution is often required to prove its case beyond resonable doubt while normally the balance of probabilities is adopted in civil cases.
After the defence submission this morning, Shafee will proceed with his reply. He took two and a half hours in arguing the prosecution's case yesterday.
It would be interesting to see whether the three-member bench led by justice Balia Yusof Wahi will deliver its decision today or instead announced it at another date.
For Anwar, the decision may affect his bid to contest in the Kajang by-election where nominations have been fixed on next Tuesday.
Malaysiakini is covering the second day of the Sodomy II appeal hearing LIVE.
LIVE REPORTS
9.40am: Ram moves on to the issue of contamination.
He says the 'Good Morning' towel retrieved from Anwar's cell have an unidentified characteristic with the presence of an 18 allele in the DNA reading.
"The 18 allele, is also present in the high rectal swab. This means a third person's DNA has been found in the anus but high up the rectal."
There are two ways this could happen. With the sexual intercourse, the semen was ejaculated inside the anus.
"Complainant (Saiful) says he is not homosexual, so how can one explain the 18 allele in there.
"The chemist says the presence could have been as result of drop-in (contamination)."
9.30am: Ram says chemist Dr Seah Lay Hong had testified there was no evidence of degradation to the high rectal swab.
"The point here is the prosecution is in agreement of the defence that the sample was 'pristine'."
9.24am: Continuing from yesterday, Ram Karpal submits that the peri-anal sample shows sign of degradation but the high rectal swabs shows no sign of degradation.
"All these samples are taken at about the same time and all should show signs of degradation. However, the high rectal swab did not.
"This raises the question on the possibility of tampering."
9.14am: Court now in session with justices Balia Yusof Wahi, Aziah Ali and Mohd Zawawi Mohd Salleh on the Court of Appeal bench.
Balia complains that the proceeding is late by 15 minutes.
"When we say 9am, it is at 9am."
Defence lawyer Ram Karpal says they were on time and it was possibly because the court thought lead defence lawyer Karpal Singh will come.
"Karpal will come in later," he says.
Justice Balia wants the counsel to conduct the proceedings professionally.
Balia reminds them not to read from their submission as judges have already read them.
9.10am: The situation outside the court house is quiet and calm. There are about a dozen police officers milling around the area. There are no protesters today.
Meanwhile, there are about eight police officers standing guard at the back of the court complex. The police also brought in two dogs from their K9 unit.
8.56am: Opposition Leader Anwar Ibrahim and his wife, PKR president Dr Wan Azizah Wan Ismail, arrive at the Palace of Justice along with three of their children.
They go to the second floor where the Court of Appeal is located.
8.55am: Muhammad Shafee Abdullah, the private lawyer appointed by the government to lead the prosecution team in this appeal, enters the courtroom.
Also in court are a number of international observers as well as PKR supporters. The public gallery is filling up fast.
8.50am: Some embassies send two representatives, say court staff. Today there are more people asking for passes and some journalists may be - like yesterday - unable to go into the courtroom.
8.28am: Security at all entrances at the Palace of Justice in Putrajaya is tight, with uniformed police helping the court's auxiliary police.
[More to follow]
Ram indicated to court yesterday that he would need another two hours to wrap up his submission. He is expected to provide further arguments on the issue of the integrity of the semen samples and the possibility of the samples being tampered with.
Much focus on the prosecution and defence rests on the integrity of the samples as Kuala Lumpur High Court judge Mohd Zabidin Mohd Diah in acquitting Anwar, found it was not safe to call for conviction based on the possibility that the samples could have been tampered with.
It was revealed in court that investigating officer Supt Jude Blacious Pereira had opened the sealed plastic bag from Hospital Kuala Lumpur (HKL) and placed the 12 samples in separate envelopes before handing them over to the chemist for analysis.
While government appointed lawyer Muhammad Shafee Abdullah maintained the chain of evidence was not broken despite the plastic bag from HKL being opened, Ram suggested otherwise due to the “pristine” nature of the semen samples despite being examined four days after the alleged incident.
After the alleged sodomy incident on June 26, 2008 at the Desa Damansara condominium, Saiful testified that he did not bathe and wash in order "to keep the evidence". He lodged a police report two days later and the samples were retrieved on the night of June 28 and early morning 29.The samples were then kept by Pereira, not in a freezer as instructed by HKL doctors, but in a metal cabinet in his office and later handed to the chemist on the evening of June 30.
Shafee (right) had also made a technical argument in that the court's test should be on the balance of probabilities, while senior counsel Karpal Singh said this was wrong as the court must adopt the ‘beyond reasonable doubt’ approach.In criminal proceedings, the prosecution is often required to prove its case beyond resonable doubt while normally the balance of probabilities is adopted in civil cases.
After the defence submission this morning, Shafee will proceed with his reply. He took two and a half hours in arguing the prosecution's case yesterday.
It would be interesting to see whether the three-member bench led by justice Balia Yusof Wahi will deliver its decision today or instead announced it at another date.
For Anwar, the decision may affect his bid to contest in the Kajang by-election where nominations have been fixed on next Tuesday.
Malaysiakini is covering the second day of the Sodomy II appeal hearing LIVE.
LIVE REPORTS
9.40am: Ram moves on to the issue of contamination.
He says the 'Good Morning' towel retrieved from Anwar's cell have an unidentified characteristic with the presence of an 18 allele in the DNA reading.
"The 18 allele, is also present in the high rectal swab. This means a third person's DNA has been found in the anus but high up the rectal."
There are two ways this could happen. With the sexual intercourse, the semen was ejaculated inside the anus.
"Complainant (Saiful) says he is not homosexual, so how can one explain the 18 allele in there.
"The chemist says the presence could have been as result of drop-in (contamination)."
9.30am: Ram says chemist Dr Seah Lay Hong had testified there was no evidence of degradation to the high rectal swab.
"The point here is the prosecution is in agreement of the defence that the sample was 'pristine'."
9.24am: Continuing from yesterday, Ram Karpal submits that the peri-anal sample shows sign of degradation but the high rectal swabs shows no sign of degradation.
"All these samples are taken at about the same time and all should show signs of degradation. However, the high rectal swab did not.
"This raises the question on the possibility of tampering."
9.14am: Court now in session with justices Balia Yusof Wahi, Aziah Ali and Mohd Zawawi Mohd Salleh on the Court of Appeal bench.
Balia complains that the proceeding is late by 15 minutes.
"When we say 9am, it is at 9am."
Defence lawyer Ram Karpal says they were on time and it was possibly because the court thought lead defence lawyer Karpal Singh will come.
"Karpal will come in later," he says.
Justice Balia wants the counsel to conduct the proceedings professionally.
Balia reminds them not to read from their submission as judges have already read them.
9.10am: The situation outside the court house is quiet and calm. There are about a dozen police officers milling around the area. There are no protesters today.
Meanwhile, there are about eight police officers standing guard at the back of the court complex. The police also brought in two dogs from their K9 unit.8.56am: Opposition Leader Anwar Ibrahim and his wife, PKR president Dr Wan Azizah Wan Ismail, arrive at the Palace of Justice along with three of their children.
They go to the second floor where the Court of Appeal is located.
8.55am: Muhammad Shafee Abdullah, the private lawyer appointed by the government to lead the prosecution team in this appeal, enters the courtroom.
Also in court are a number of international observers as well as PKR supporters. The public gallery is filling up fast.
8.50am: Some embassies send two representatives, say court staff. Today there are more people asking for passes and some journalists may be - like yesterday - unable to go into the courtroom.
8.28am: Security at all entrances at the Palace of Justice in Putrajaya is tight, with uniformed police helping the court's auxiliary police.
[More to follow]
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