Sodomy II: Appeal enters fifth day, focus on integrity of DNA evidence

The final appeal hearing of Opposition de-facto leader Datuk Seri Anwar Ibrahim's sodomy case enters its fifth day today with lead prosecutor Tan Sri Muhammad Shafee Abdullah resuming his submissions at the Federal Court.

Shafee is expected to present submissions relating to the integrity of DNA evidence raised by the defence team last week.

The lawyer, on Friday, told reporters that his submissions will be completed by noon.

Here are the developments from the courtroom:

1.00pm: Shafee said he needed another two hours tomorrow morning to continue with his submission and Arifin then adjourned the proceeding for tomorrow.

12.30pm: Shafee said, while former solicitor II Datuk Mohd Yusof Zainal Abiden was conducting his cross examination, Dr Osman had told him the report was ready by June 30, two days after Saiful was examined.

Arifin asked whether Dr Osman’s statement on the matter had been recorded. Shafee replied, a statement had not been recorded. Ramkarpal interjected by saying three statements had been recorded from the doctor.

Shafee then said that Dr Osman had only mentioned about the use of a plastic object after the meeting and he claimed it was conducted to benefit someone.

12:15pm : Shafee also compared Saiful's credibility based on a testimony by Dr Mohd Osman from Hospital Pusrawi which Saiful had later rebutted saying that the doctor lied when he reported that a plastic object was inserted into his private part.

Shafee also pointed out that Dr Mohd Osman's written report was done hastily with no mention of the plastic object.

11:50am : Shafee went on to explain the term 'involuntary' in Saiful's case meant that he can no longer bear the action. Hence, he filed a police report after being distressed for a long time.

11:40am : Shafee re-quoted several testimonies by Saiful who used the words ‘everytime’, ‘more’ and ‘as usual’ when speaking about the action with the accused.

This include a question containing sexual innuendo which ended with the word ‘today’. The word ‘today’ shows that the action many have been done on other days.

Shafee stressed that this shows that the action had been done multiple times. Saiful who received special treatment by Anwar, was in the cross roads when making the decision.

11:15am : The court takes a recess. Proceedings to recommence at 11.30 am.

11:10am : Moving on to the testimonies given by the three doctors from Hospital Kuala Lumpur, Shafee said they had adhered to the guidelines provided of sterilizing all equipments used. Hence, any chance of DNA contamination were reduced.

Doctors found traces of anal penetration on Saiful after conducting tests.

11:05am : Shafee refutes the defence counsel's claim that the quality of DNA sample had deteriorated (degraded). He said that even if it degraded, a DNA identification does not change. He stressed that a DNA can still be identified even in extreme conditions, as the case of the victims on board flight MH17.

"The DNA either can be read or can't at all; there are only two possibilities," said Shafee.

10:50am : Judges Tun Arifin Zakaria and Tan Sri Suriyadi Halim query Shafee on the documents provided on Saiful and Anwar's DNA test results.

10:40am : Seputeh MP Teresa Kok was seen walking into the courtroom and sat at the public gallery, behind Anwar. Teresa handed him a book to be autographed.

10:35am : Results from all DNA testings involving by experts from the prosecution team were accurate, Shafee said.

He added that Anwar was not cooperative to undergo an examination on his private part at Hospital Kuala Lumpur. Meanwhile, the DNA profile obtained from Saiful's private part and evidence obtained from the lock-up had similarities.

10:15am: Shafee apologises for making his submissions rapidly as the judges flipped through the many documents provided.

10:10am :Shafee says the late Karpal Singh (who was Anwar’s lead counsel in the sodomy trial until he passed away) had questioned Supt Jude Pereira thoroughly. Shafee stressed that there was no need to question the integrity of the three evidences.

9:55am : On the arrest warrant disputed by the defence team, Shafee says an arrest warrant was issued when Anwar was arrested. The arrest was made in accordance to law.

9.45am : Shafee says that the witness had also identified the water bottle brought by Anwar into the lockup. Anwar also admitted to bringing it in.

The three evidence were seen unwrapped and on the floor when Anwar exited the lockup.

9:40am : In responding to the defence team's submission that the witness (police) only 'heard' but not 'witnessed' Anwar using the toothbrush (evidence), Shafee says the witness however did not mention that the 'toothbrush was not used'.

9:25am : The five judges hearing the case arrives at court. Proceeding begins.

8.50am : Anwar arrives at the Federal Court with his wife, Datuk Seri Wan Azizah. They speak to Ram and proceeded to take their seats at the defence corner.

8.50am: The situation outside the court is reported to be calm. Many journalists seen gathering at the court's premises.

8:30am: The prosecution and defence team arrives at court.

Shafee is seen having a brief conversation with the lead counsel Datuk Seri Gopal Sri Ram. The public gallery is filled with members of the media, Anwar 's supporters, NGOs and political observers.

PHOTO GALLERY: Anwar Ibrahim's final appeal enters its second day

PHOTO GALLERY: Anwar Ibrahim's final appeal