PUTRAJAYA: Datuk Seri Anwar Ibrahim should have conducted his own DNA test to dispute the Male Y DNA profile which the prosecution contends belongs to him, the Federal Court heard.
Lead prosecutor Tan Sri Muhammad Shafee Abdullah said: “He (Anwar) got his DNA in his power. He could go to Australia or Europe quietly for his DNA (test).
“I am sure this court will allow (the results of the test) as additional evidence.”
In his submission yesterday before a five-man panel, chaired by Chief Justice Arifin Zakaria, Muhammad Shafee derided Anwar’s claim of conspiracy.
In the coram are Court of Appeal president Justice Raus Sharif and Federal Court judges Justices Abdull Hamid Embong, Suriyadi Halim Omar and Ramly Ali.
Muhammad Shafee said: “This is not the first case of a politician who sprays bullets at everyone on conspiracy.”
The court had to examine the broad allegation of conspiracy, which should be “logical and believable”, he said, adding that “none of it (is) and it is mere allegation”.
Muhammad Shafee asked how anyone could have obtained Anwar’s DNA to implicate him on the sodomy charge.
“On the high rectal swab taken from Mohd Saiful Bukhari Azlan, what is the appellant’s DNA doing there at 4cm (in Mohd Saiful’s rectum) should be answered by the appellant,” he said.
He also asked how come Anwar’s semen was found on underwear worn by Mohd Saiful on the day the former aide was examined by a doctor.
On the degradation of samples, Muhammad Shafee noted that the prosecution’s two chemists had conceded that this was possible.
He said the court should appreciate that their analysis was not for knowing the extent of degradation of samples but rather to get the reading of the DNA.
Although the samples were degraded, government chemists Dr Seah Lay Hong and Nor Aidora Saedon were able to isolate the semen head, which was not damaged and were able to get a perfect DNA profile, he said.
Muhammad Shafee asserted that it was never the prosecution’s case that the samples were in pristine condition. He also argued that the Court of Appeal was correct in finding that the defence’s expert Dr Brian McDonald was merely an armchair expert.
“Dr McDonald’s evidence was not allowed in his own country. He appeared as a DNA expert but his evidence had been rejected,” he said.
He also questioned the way Pusrawi Hospital doctor Dr Mohamed Osman Abdul Hamid, who was the first to examine Mohd Saiful, conducted his examination – “whether he used a glove and a sterilised proctoscope when he examined the anus of Mohd Saiful.”
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