Court must find Anwar guilty, says Shafee

On Thursday, lead prosecutor in Datuk Seri Anwar Ibrahim’s sodomy trial, Tan Sri Muhammad Shafee Abdullah said the Court of Appeal  must find the de factor PKR guilty of sodomising his former aide, Mohd Saiful Bukhari Azlan, given the overwhelming evidence.

He said that earlier in the High Court, Anwar dared not stand in the witness box, and instead chose to give his unsown statement from the dock.

From the ‘safe’ platform of the dock, he spewed diatribes against the government and even the courts, never mind that outside the Palace of Justice on Friday he attested to justice inherent in the law.

For the record, Anwar had never produced any alibi as defence when faced with the incriminating video evidence of the goings-on at the condominium.

The prosecution is appealing against the Jan 9, 2012 High Court decision which acquitted and discharge Anwar of sodomising Mohd Saiful, 26, at a Desa Damansara condominium unit in Bukit Damansara between 3.10 pm and 4.30 pm on June 26, 2008.

High Court Judge Datuk Mohamad Zabidin Mohd Diah in acquitting Anwar, ruled that the court could not be 100 per cent certain on the integrity of samples taken for DNA testing from Mohd Saiful as the samples could have been compromised before they reached the chemistry department for analysis.

Muhammad Shafee further said that when the defence was shown the CCTV video clippings during the trial, they had dropped the entire alibi of defence.

He also referred to the CCTV which recorded the arrival and departure of Mohd Saiful and Anwar at the condominium

Although Anwar denied committing the offence, he did not deny being at the scene, he said.

On other issues, Muhammad Shafee said the trial judge had misconstrued the 11 items which were packed individually containing the DNA samples as having been tampered with.

Muhammad Shafee said there were corroborative evidence from three witnesses that the swabs taken from the alleged victim's high rectal region and low rectal region were put in the container, sealed and handed to investigating officer Supt Jude Balcious Pereira who handed it to chemist Dr Seah Lay Hong for analysis.

The lead prosecutor said there was no conspiracy between Jude and the chemist to tamper with the DNA samples and no possibilities for Jude to get the respondent's sperm (Anwar) on his own.

"Where will Jude get the respondent's sperm? Even an ordinary person would protect their semen, what more a dignitary who is claiming that the whole word is conspiring against him," pointed out Muhammad Shafee.

He said there was no evidence of tampering as the seal on the receptacles remained intact despite being placed in envelopes by Jude.

Muhammad Shafee also argued that the credibility of the defence's foreign experts was questionable as their evidence were based on textbooks and manuals while the local experts had analysed Mohd Saiful's DNA samples.

Meanwhile, Anwar's counsel Karpal Singh objected to Muhammad Shafee's remarks, saying that the accused had a choice to conduct his defence either from the dock, witness box or to remain silent.

"This is a substantive right of the accused person and Anwar chose his right to make his defence from the dock and the prosecution should not be allowed to make any remarks to poison the mind of the court," said Karpal.

He further submitted that the court should not disturb the findings of the trial judge which were based on expert evidence.

Co-counsel Ram Karpal Singh had submitted that the court should have dismissed the appeal as expert witnesses had testified that the samples were contaminated.

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