Sodomy II: Shafee defends method used to obtain DNA evidence

The second day of submissions by the prosecution today at the Federal Court saw lead prosecutor, Tan Sri Muhammad Shafee Abdullah presenting details of the evidence that was used and obtained from the lock-up where Datuk Seri Anwar Ibrahim was previously detained.

"Among the items used as evidence include a toothbrush, a towel and a mineral water bottle which was brought by Anwar personally to the lock-up.

"From the three items, chemists had extracted DNA from one 'Male-Y'. The DNA was then put through a comparison test with the DNA obtained from (main witness) Mohd Saiful Bukhari Azlan," Muhammad Shafee to the court.

Muhammad Shafee submitted that from the DNA spectra obtained, the identity of Male-Y is that of Anwar's.

"All the items in question were used by Anwar while he was detained in the lock-up, and we know that no one else had used them," he said, adding that the DNA which was taken from the items in the lock-up was taken on the prosecution's own initiative.

"We had taken it because Anwar did not give his DNA while he was detained. If he had given his DNA, then laboratory tests would have been made easier. But it is his prerogative whether he wants to give it or not," Muhammad Shafee said.

Commenting on claims that the method used to obtain the DNA was deceptive and unfair, he said: "The defence team said we had detained Anwar in the lock-up merely to obtain his DNA and not to conduct investigations.

"He was detained in the middle of the night so that the investigating officer would be able to record his statement at 8.30am sharp the next day. By 9.30am he was freed," Muhammad Shafee said, adding that the procedure was commonly used on detainees.

"This is what led to the High Court judge saying, the decision of rejecting the DNA results should be re-evaluated. Now it is being accepted, that is the issue," Muhammad Shafee said.

Towards the end of his submission today, Muhammad Shafee caused quite a stir in the courtroom when he submitted that Dr Mohamad Osman Abdul Hamid, the doctor from Hospital Pusrawi, had not provided the entire truth.

Meanwhile, when met by reporters outside the courtroom, Anwar said he was optimistic that the prosecution's arguments would be rebutted.

"We are talking about scientific evidence. I am very confident my defence team will successfully prove the prosecution wrong," said the Opposition Leader, who also defended his move in choosing former Federal Court judge, Datuk Seri Gopal Sri Ram to lead the defence team.