Sodomy II: Defence counsel continues focus on DNA sample

Pro-Anwar supporters reciting Yassin prayers to ensure the smooth sailing of the sixth day of the proceedings. - Astro AWANI/Syafique Shuib

9.25am: The five-man Federal Court bench is chaired by Chief Justice Tun Arifin Zakaria. It comprised also of Court of Appeal president Tan Sri Md Raus Sharif, Tan Sri Abdull Hamid Embong, Tan Sri Suriyadi Halim Omar and Tan Sri Ahmad Maarop. The proceedings begin. 9.40am: After discussing on several alibis, Shafee in his deliberations quoted several international cases to compare the relevance pertaining to the DNA process method as an important evidence item. 10.10am: Referring to the cases he quoted earlier, Shafee said, the appellant also questioned other quarters and used the term 'conspiracy' as a mere cover-up.

Anwar seen here after arriving at the Palace of Justice on Tuesday - Astro AWANI/Shahir Omar

10.35am: Judge Tun Arifin Zakaria questioned the semen sample which the defence team pronounced as inconclusive evidence. Shafee in his presentation said that although the best DNA sample was not obtained from Mohd Saiful, the DNA reading is deemed conclusive and legit to be used. 10.45am: Shafee reads the chemists' testimony comprising semen sample extracted from Mohd Saiful's body. He explained that the tested sperms still contained sperm head plasma membrane. The latter, said Shafee, is sufficient to provide DNA readings. 11.10am: Shafee continues his arguments on DNA based on witnesses alibis. According to Shafee, he was informed that the degeneration process appeared to be a non-issue during the DNA identification tests. 11.45am: Shafee mentions about the possibility that the semen could possibly belong to Dr Osman Abdul Hamid from Hospital Pusrawi, who was tasked to inspect Mohd Saiful's private part. 11.50am: Shafee presents his arguments based on the images of evidence from the cell where he (Anwar) was locked up. The items include face towel, a toothpaste with the top opened and an opened water bottle. 12.15pm: Shafee argues on a theory pertaining the transfer of DNA stain, found in Saiful's underwear when he visited Dr Osman. The alleged stain could possibly occurred due to the initial inspection before Dr Osman decided not to continue with the test. 12.35pm: Shafee in his presentation says that the DNA sample retrieved from Mohd Saiful's rectum could sustain longer than the per-anal samples. He moves on to his next submission citing a reference based on a clinical journal written in Thai (attached with English summary). The motion, however receives objection from Ramkarpal because the content is deemed indecipherable. The judge sustains the decision. 1.10pm: Shafee continues with his arguments. Judge Tun Ariffin adjournes session to 2.20pm. 2.11pm: An approximate 100 Mohd Saiful supporters arrive at the Palace of Justice chanting 'Tangkap Anwar'! slogan.

Pro-Mohd Saiful supporters seen here outside the Palace of Justice. Astro AWANI/Syafique Shuib

2.35pm: Shafee continues with his arguments after a recess. 2.40pm: The lawyer (Shafee) highlighted Saiful's photograph taken during a tea party. He said earlier, Anwar’s counsel, Datuk Seri Gopal Sriram said that Saiful appeared (at the soiree) contented, although in actual fact he didn't. The image, said Shafee is subjective and it's insufficient to be used to support the defence’s argument as the photographer's testimony should be taken too. 2.50pm: Shafee makes a quick reference on the issue of credibility and prosecution proceeding. 3.00pm: Gopal requests the judge for more time for the defence team, in order for Ramkarpal to prepare his written argument to answer the DNA issue brought up by Shafee. 3.05pm: After a brief deliberation, Tun Ariffin adjourned the proceedings to Thursday.