Justice Balia held that the trial judge had erred in his finding that the integrity of the samples had been compromised.
The court gave one hour to lawyer Karpal Singh to prepare mitigation for Anwar before it resumed sitting at 6.15pm for sentencing.
The prosecution had appealed against the Jan 9, 2012 High Court decision which acquitted and discharged 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.
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