Sodomy was never a part of the proud Malay culture until lately...........

Sodomy was never a part of the proud Malay culture until lately...........


Published: Tuesday March 1, 2011 MYT 4:04:00 PM

Updated: Tuesday March 1, 2011 MYT 7:00:16 PM

Sodomy II: Focus on admissibility of items with 'Male Y' DNA (Updated)

KUALA LUMPUR: The High Court will hear submissions Wednesday on whether to allow a trial-within-a-trial on the admissibility of four exhibits recovered from a lock-up cell where Datuk Seri Anwar Ibrahim was detained overnight.

The four exhibits are crucial to the trial as they contained the DNA of 'Male Y', an unknown person whose semen was found inside the anus of complainant Mohd Saiful Bukhari Azlan.

Justice Datuk Mohd Zabidin Mohd Diah set the date to allow the prosecution and defence to make their respective submissions.

Mohd Zabidin postponed the trial Tuesday after defence counsel Karpal Singh objected to deputy public prosecutor Nordin Hassan's application to mark the four exhibits - a towel, toothbrush, mineral bottle and strand of hair.

Karpal said the defence was objecting to the application on the ground that the samples were obtained by police through unfair method.

"Police had obtained the samples by unfair method and we are asking this court to exercise its discretionary power to exclude such exhibits and expunge the entire evidence of these exhibits," said Karpal.

Solicitor-General II Datuk Mohamed Yusof Zainal Abiden objected to the application and asked the defence to explain what they meant by "unfair method".

"They (defence) have to show what unfair method was used. I will rule on this (trial-within-a-trial) matter after hearing their argument," said Mohamed Zabidin.

The issue was raised following the testimony by former head of Cheras police forensic lab Supt Hamidon Adnan that he removed the four exhibits (hair, bottle, towel and toothbrush) from the cell on July 17, 2008 on the request of the investigation officer DSP Judy Blacious Pereira. - Bernama

LISA GOH reported earlier Tuesday that the court was told a white toothbrush, Good Morning towel and Cactus mineral water bottle were taken from the lock-up cell at the police headquarters here, where Anwar in July 2008.

The court was also told that those items were later handed over to the Chemistry Department for DNA profiling.

Last week, chemist Nor Aidora Saedon had told the court that her analysis of those items found a DNA profile which matched that of Male Y, an unknownperson whose semen was found inside the anus of complainant Mohd Saiful.

On Tuesday, Kuala Lumpur Serious Crime Unit (D9) officer DSP Yahya Abdul Rahman testified that a towel, a toothbrush, toothpaste, and a bar of soap had been handed over to Anwar on July 16, 2008, as it was the government standard issue for persons held in a lock-up.

During his examination-in-chief by deputy public prosecutor Datuk Nordin Hassan, DSP Yahya also told the court that he and investigating officer DSP Jude Blacious Pereira had escorted Anwar to the lock-up from a meeting room at the D9 unit.

DSP Yahya also said he did not give Anwar the mineral water bottle, but he had allowed Anwar to bring it into his cell.

• When asked if there was anyone else who was also arrested in the lock-up cell while Anwar was there between July 16 and 17, 2008, he replied: "No."

Another witness, L/Kpl Mohd Azry Mohd Toyab, who was the lock-up's sentry guard, testified that on the morning of July 17, 2008, he had heard a sound which sounded like Anwar brushing his teeth in the cell.

He said Anwar was then brought out of his cell at 8.10am, and he received an order to "not touch the things belonging to Datuk Seri Anwar Ibrahim".

Anwar, 63, is charged with performing carnal intercourse against the order of nature on Mohd Saiful at a condominium unit in Bukit Damansara, Kuala Lumpur, between 3.15pm and 4pm on June 26, 2008

KUALA LUMPUR: Two forensic analysts told the High Court Monday that the time set in the CCTV in the sodomy trial of Datuk Seri Anwar Ibrahim was not consistent with the Malaysia Standard Time (MST).

The analysts, from Cyber Security Malaysia, both testified that there were discrepancies in the times set in the CCTV recordings, as they were slower than that of MST.

Forensic analyst Mohd Zabri Adil Talib said that the time set in the CCTV in the elevator at the Desa Damansara Condominium was 19 minutes slower than the MST.

On the other hand, his colleague, Mohd Sharizuan Mohd Omar, told the court that the time set in the CCTV at the guardhouse of the condominium was nine minutes and 15 seconds slower than the MST.

When cross-examined by defence counsel Sankara Nair, Mohd Zabri Adil said "both the times set are not right" (dua-dua tak betul).

Anwar, 63, has been charged with performing carnal intercourse against the order of nature on Mohd Saiful at a condominium unit in Bukit Damansara, Kuala Lumpur, between 3.15pm and 4pm on June 26, 2008.

Hearing continues in the afternoon.

KUALA LUMPUR: Chemist Nor Aidora Saedon maintained her stand that only Male Y’s DNA profile was found on the Good Morning towel she had analysed.

Nor Aidora, who is from the Chemistry Department, said the DNA profiling conducted on the towel was accurate and free of contamination.

“If you look at the profile as a whole, you will be able to see that it is a single profile.

“There is no mixed profile,” she explained during re-examination by deputy public prosecutor Noorin Badaruddin.

She had earlier come under fire from defence lawyer Ram Karpal Singh, who accused her of failing to report the presence of an allele in her interpretation of the electropherogram readings (results from DNA sequencing analysis), according to laboratory standards. (An allele is a version of a gene at a given location (locus) along a chromosome.)

This, he said, would have given a different result and would have revealed another person’s DNA.

Nor Aidora, however, was adamant that the particular allele in question was negligible as it only occurred once.

On Wednesday, the chemist had informed the court that the DNA profile taken from a white toothbrush, a towel and a mineral water bottle matched the DNA profile of Male Y, whose semen was found inside the anus of complainant Mohd Saiful Bukhari Azlan.

On Friday, the chemist also testified that the Chemistry Department director-general had personally called her on July 3, 2008, asking her to handle a high-profile case.

She had received the call at about lunchtime, and was told to wait for some samples, which would arrive that day.

Nor Aidora agreed that this was not the norm, and that most cases came via the front counter.

She said that then-director-general N. Hithiya Jeeva had earlier met with her superiors, Forensic Division head J. Primulapathi and DNA section head Lim Kong Boon, and they had decided to assign her to the case.

Anwar, 63, has been charged with performing carnal intercourse against the order of nature on Mohd Saiful Bukhari Azlan at a condominium unit in Bukit Damansara, Kuala Lumpur, between 3.15pm and 4pm on June 26, 2008.

Leading the prosecution was Solicitor-General II Datuk Mohd Yusof Zainal Abiden, while Karpal Singh stood as Anwar’s lead counsel.

The hearing before Justice Mohd Zabidin Mohd Diah continues Monday.

KUALA LUMPUR: Lawyer Karpal Singh suggested in the Datuk Seri Anwar Ibrahim sodomy trial that Mohd Saiful Bukhari Azlan was a "passive homosexual".

Anwar's lead counsel came to that suggestion, when cross-examining chemist Dr Seah Lay Hong, after the chemist agreed with him that there were multiple DNA profiles found on Saiful's anus.

Karpal: Which means that he was a passive homosexual, or those semen couldn’t have gotten into his anus.

Dr Seah: I wouldn't be able to conclude on that.

Karpal: I put it to you that it is a logical conclusion. Multiple DNA profiles in his anus amounts to him being a passive homosexual.

Dr Seah reiterated that she could not conclude on the matter.

Karpal then referred the chemist to Mohd Saiful's medical proforma, which the prosecution, led by Solicitor-General II Datuk Mohd Yusof Zainal Abiden, immediately objected to.

"This witness is neither the writer of the proforma nor is she a party to it. She should not be crossed on this," he said.

Justice Mohd Zabidin Mohd Diah, however, allowed Karpal to question the witness on how there could be DNA in Mohd Saiful's anus if the proforma stated "attempted sodomy", to which Dr Seah said, "There might not be. There would not be."

Earlier, Dr Seah was also cross-examined by defence counsel Sankara Nair, who asked her if she thought it odd that two samples sent to her for analysis - a body swab and a perianal swab taken from the complainant – had been dated June 26, when the swabs were only taken from Mohd Saiful in Hospital Kuala Lumpur on June 28.

She replied that it was not for her to act on such information as she was not the one who took the samples, and that she gave it the benefit of her doubt.

Sankara then put it to her that, by her protocol, she should have rejected those samples, which she disagreed with.

However, she agreed with the lawyer that it was important to ensure the integrity of all the samples, and using a red wax (tamper proof) seal on the samples would have enhanced the integrity of the samples.

During her re-examination by deputy public prosecutor Noorin Badaruddin, Dr Seah maintained that there was only one unknown DNA profile in Mohd Saiful's lower rectum despite claims by the defence that there had been more unidentified DNA profiles found in and around his anus.

She maintained there were two male contributors from the lower rectal swab - one matched Mohd Saiful's DNA profile (non-sperm extract), while the other was that of a Male Y (sperm extract).

Anwar, 63, has been charged with performing carnal intercourse against the order of nature on Mohd Saiful at a condominium unit in Bukit Damansara, Kuala Lumpur, between 3.15pm and 4pm on June 26, 2008.

Leading the prosecution was Solicitor-General II Datuk Mohd Yusof Zainal Abiden.

Hearing before Justice Mohd Zabidin Mohd Diah continues Wednesday.

KUALA LUMPUR: Mohd Saiful Bukhari Azlan was calm and composed during his medical examination at Hospital Kuala Lumpur (HKL), the High Court heard.

Forensic pathologist Dr Siew Sheue Feng and Emergency Care Specialist Dr Khairul Nizam Hassan both described Mohd Saiful as such during his medical examination on June 28, 2008.

Sankara Nair, counsel for Datuk Seri Anwar Ibrahim, remarked that it was rather odd behaviour for someone who complained of having been sodomised.

Sankara: Is that normal?

Dr Khairul: It could be.

Sankara: Would it not be more normal for him to be upset?

Dr Khairul: Yes.

Sankara then questioned Dr Khairul whether he had asked Mohd Saiful if he was angry, to which Dr Khairul replied: “He (Mohd Saiful) said he had taken some time to think about what was going on.”

Dr Siew explained that it was up to an individual’s character on how they would react to such an incident.

“Most men take it more coolly,” he said.

At this point, Sankara accused Dr Siew of being a biased and dishonest witness, and an “incorrigible liar”.

Counsel pointed out that Dr Siew had prepared his report based on the chemist’s findings, which did not state that there was a test done to confirm that semen had been found on Mohd Saiful.

“I put it to you that you depended on a flawed and deficient report and you came to a wrong conclusion that there was penile penetration,” he said, which Dr Siew denied.

Dr Siew revealed during cross-examination that the chemist report had been prepared in just eight days, compared with the usual period of three months.

Sankara: You agree it’s super fast?

Dr Siew: It’s fast, but not super fast. I don’t know the definition of super and fast.

Anwar, 63, claimed trial for performing carnal intercourse against the order of nature on Saiful at a condominium unit in Bukit Damansara, Kuala Lumpur, between 3.15pm and 4pm on June 26, 2008.

The prosecution is being led by Solicitor-General II Datuk Mohd Yusof Zainal Abiden, with counsel Karpal Singh heading the defence team.

The hearing, which continues on Tuesday, has been fixed until March 25.

Anwar, 63, has claimed trial for performing carnal intercourse against the order of nature on Saiful, at a condominium unit in Bukit Damansara, Kuala Lumpur, between 3.15pm and 4pm on June 26, 2008.

KUALA LUMPUR: A Hospital Kuala Lumpur (HKL) surgeon admitted that no test was conducted to determine whether or not lubricant was present prior to the medical examination on complainant Mohd Saiful Bukhari Azlan.

Dr Mohd Razali Ibrahim told the High Court that the test was important, especially in a sodomy case, because it could indicate that sodomy might have occurred even if there were no signs of injury.

He admitted that he had not asked for the test to be conducted to ascertain the presence of lubricant in Mohd Saiful.

“It was not necessary. It was necessary to know, but not necessary to test,” he said when cross-examined by PKR adviser Datuk Seri Anwar Ibrahim’s counsel Sankara Nair yesterday.

He explained that during the medical examination, he had asked Mohd Saiful to lie in a left lateral position on the examination table, with both his knees pulled towards his chest.

“That is a position where I can do my examination easily, as there is great exposure and it is also comfortable for the patient during the procedure,” he said.

When asked whether there were guidelines on how to position a patient for such an examination, he said making a patient lie in that position was a common practice among doctors.

Describing the procedure, Dr Mohd Razali said he tried inserting a 6.5cm proctoscope into Mohd Saiful’s anus using saline solution as lubricant, but he could not.

“I didn’t force it in because I was afraid it would cause injury.

“So I used gel as a lubricant instead, and I managed to do the proctoscopy to visualise the rectum,” he said.

He added he managed to get swabs from the upper and lower rectal area, and noted that Mohd Saiful’s rectum was empty of faeces then.

Sankara then queried him as to whether he knew Mohd Saiful had undergone another medical examination in Hospital Pusrawi prior to the one in HKL, to which Dr Mohd Razali replied that he did.

The doctor said Mohd Saiful had told him that an instrument was inserted in his anus during the earlier examination.

Questioned by Sankara, Dr Razali admitted that cross-contamination could have occurred as a lubricant could have been used during the earlier examination.

Anwar, 63, is facing a charge of sodomising his former aide Mohd Saiful, 25, at the Desa Damansara condominium in Bukit Damansara here on June 26, 2008.

The hearing continues today.

KUALA LUMPUR: Datuk Seri Anwar Ibrahim will file an application today to recuse High Court judge Mohd Zabidin Mohd Diah from his ongoing sodomy trial.

The Opposition leader also wants the court to cite a Hospital Kuala Lumpur (HKL) doctor for contempt of court.

In an application, Anwar’s counsel Karpal Singh said he wanted prosecution witness HKL forensic pathologist Dr Siew Sheue Feng to be cited for contempt as he referred to his proforma form (a form which has complete information on patient and incident) when the court took a short stand-down.

He also wanted access to the proforma and for Dr Siew to be investigated under the Penal Code for “interference of justice”.

“The question is whether this witness remained under examination during the stand-down. We say he was.

“If so, the witness cannot refresh his memory as a right. It has to be granted by the court,” Karpal submitted, adding the witness remained under examination even if the case was adjourned for the day.

During cross-examination, Dr Siew had insisted that he did not want to refresh his memory by referring to the proforma and that he could answer the questions based on his memory.

(Defence would have access to the documents that a witness chooses to refer to for the purpose of refreshing his memory during examination in court.)

However, when grilled by Karpal, he could not answer a few of the questions posed to him, and admitted to reading up the proforma during the short break.

Karpal said that was tantamount to an act of contempt.

In his rebuttal, Solicitor-General II Datuk Mohd Yusoff Zainal Abiden said that under the law, “during examination” referred only to the period while he was testifying in court.

Karpal also told the court that Justice Mohd Zabidin should be disqualified for dismissing Anwar’s application for access to the HKL doctors’ medical notes.

He claimed that in dismissing the application on Monday, and in re¬-jecting Anwar’s appeal for him to reconsider his decision, Justice Mohd Zabidin had misinterpreted a 1993 Supreme Court ruling, which had set precedence.

This is the second time Anwar has filed an application to recuse the trial judge.

The first was filed in March, with Anwar accusing the judge of bias as he did not initiate contempt action against Malay daily Utusan Malaysia for “being mischievous and a disruption to a fair trial”, but the application was dismissed.

Tensions also ran high in court yesterday with a shouting match between the prosecution and the defence, which happened while Karpal was cross-examining Dr Siew.

While Karpal was grilling him, Mohd Yusoff stood up and objected, telling Karpal he was “not being fair to the witness”.

Karpal retorted: “He’s being unfair to himself by choosing not to refresh his memory! They’ve all been programmed. They’re all robots!”

Justice Mohd Zabidin then adjourned the court, but the shouting match continued with Anwar losing his cool as well.

“You’re all trying to fix me up! You’re all suppressing evidence!” he shouted at the prosecution.

Anwar, 63, is charged with performing carnal intercourse against the order of nature on Mohd Saiful Bukhari Azlan at a condominium unit in Kuala Lumpur on June 26, 2008.

Hearing continues today.



KUALA LUMPUR: Datuk Seri Anwar Ibrahim will file an application Wednesday to recuse High Court judge Justice Mohd Zabidin Mohd Diah from his ongoing sodomy trial.

The Opposition leader also wants the court to cite a Hospital Kuala Lumpur (HKL) doctor for contempt of court.

In an application Tuesday, Anwar's counsel Karpal Singh said he wanted prosecution witness, HKL forensic pathologist Dr Siew Sheue Feng, to be cited for contempt as he referred to his proforma form (a form which has complete information on patient and incident) when the court took a short stand-down.

In the same application, he also wanted access to the proforma and for Dr Siew to be investigated under the Penal Code for "interference of justice".

"The question is whether this witness remained under examination during the stand-down. We say he was.

"If so, the witness cannot refresh his memory as a right. It has to be granted by the court," Karpal submitted, adding the the witness remained under examination even if the case was adjourned for the day.

During cross-examination, Dr Siew had insisted that he did not want to refresh his memory by referring to the proforma and that he could answer the questions based on his memory.

(Defence would have access to the documents that a witness chooses to refer to for the purpose of refreshing his memory during examination in court.)

However, when grilled by Karpal, he could not answer a few of the questions posed to him, and admitted to reading up the proforma during the short break.

Karpal said that was tantamount to an act of contempt.

In his rebuttal, Solicitor-General II Datuk Mohd Yusoff Zainal Abiden said that under the law, "during examination" referred only to the period while he was testifying in court.

"What the law does not prohibit, it permits," he said.

On another matter, Karpal also told the court that Anwar would be filing an application for Justice Mohd Zabidin to be disqualified following his decision in dismissing Anwar's application for access to the HKL doctors' medical notes.

He claimed that in dismissing the application on Monday, and in rejecting Anwar's appeal for him to reconsider his decision, Justice Mohd Zabidin had misinterpreted a 1993 then-Supreme Court ruling, which had set precedence.

This is the second time Anwar has filed an application to recuse the trial judge.

The first was filed in March, this year, with Anwar accusing the judge of being biased as he did not initiate contempt action against Malay daily, Utusan Malaysia, for "being mischievous and a disruption to a fair trial", but the application was dismissed.

Tensions also ran high in court Tuesday as a shouting match ensued between the prosecution and defence while Karpal was cross-examining Dr Siew.

While Karpal was grilling him, Mohd Yusoff stood up and objected, telling Karpal he was "not being fair to the witness".

Karpal retorted: "He's being unfair to himself by choosing to not refresh his memory! They've all been programmed. They're all robots!"

Justice Mohd Zabidin then adjourned the court saying everyone could use a break, but the shouting match continued with Anwar losing his cool as well.

"You're all trying to fix me up! You're all suppressing evidence!" he shouted at the prosecution, as the court staff tried to calm the situation.

Anwar, 63, is charged with performing carnal intercourse against the order of nature on Saiful at a condominium unit in Bukit Damansara, Kuala Lumpur, between 3.15pm and 4pm on June 26, 2008.

KUALA LUMPUR: Seminal fluid can last up to 72 hours in the anus, Hospital Kuala Lumpur (HKL) general surgeon Dr Mohd Razali Ibrahim told the High Court here Monday, in the sodomy trial of PKR adviser Datuk Seri Anwar Ibrahim.

He said if a swab was taken within 72 hours from the time of the incident, there would usually still be material present to be taken as specimen.

"There can still be specimen present as the bowel is not in a straight line," he said during his re-examination by solicitor-general II Datuk Mohd Yusoff Zainal Abiden.

However, when questioned by Anwar's counsel Sankara Nair, Dr Mohd Razali said the 72-duration was based on his readings, and not on his own medical experience as he was not trained in medical forensic.

During cross-examination earlier, he had agreed with Sankara that mass movement in the colon could happen a few times in 24 hours, but a person could also control the urge to defecate up to a certain extent.

He had previously said complainant Mohd Saiful Bukhari Azlan's (lower) rectum was empty during the medical examination, some 54 hours after he was allegedly sodomised.

He explained that there may be faeces in the upper rectum, but it would not reach the lower rectum where the swabs were taken, as the lower rectum was only to facilitate defecation, and not storing faeces.

Another doctor, HKL forensic pathologist Dr Siew Sheue Feng, was also cross-examined Monday.

Earlier in the morning, Anwar's applications for access to HKL's medical notes and challenging the admissibility of a toxicology report was dismissed by the court.

Justice Mohamad Zabidin Mohd Diah dismissed Anwar's application on grounds that the defence failed to meet the legal requirements in the application.

Though the notes were admissible for corroboration, it was for the prosecution to produce them, he ruled.

On the defence's submissions that they had a hunch that the notes contradicted Dr Mohd Razali's statement in court, Justice Mohamad Zabidin said sheer inate suspicion would not suffice.

"What is important now is the witness statement in court. The notes are not legally admissible, except for him to refresh his memory," he said.

The court also dismissed Anwar's application challenging the admissibility of a toxicology report, saying it was not fatal as the chemist report (to which the toxicology report was attached) had not yet been marked as an exhibit.

Anwar, 63, has claimed trial to sodomising Mohd Saiful Bukhari Azlan, his former personal aide, at the Desa Damansara Condominium in Bukit Damansara here on June 26, 2008.

Hearing continues Tuesday.