Karpal Singh claimed today that illegal methods were used by the police to obtain items from a holding cell where Datuk Seri Anwar Ibrahim was detained overnight on July 17, 2008.
Karpal, Anwar’s lead defence counsel, had raised objections to several items — a “Good Morning” towel, a toothbrush, a single strand of hair and a mineral water bottle — being used as evidence for the prosecution in the Sodomy II trial.
“We want this evidence to be ruled inadmissible, on the grounds that improper methods were used to secure these exhibits,” said the veteran lawyer.
Karpal said that a trial-within-a-trial was needed and would present his submissions tomorrow to validate the need for such a trial.
If trial judge Datuk Mohd Zabidin Mohd Diah were to rule in favour of the defence, this means that Anwar himself will have to testify in court to give his account of what happened between July 16 and July 17, 2008.
“If the judge allows this, Anwar will go on the witness box and testify. But the prosecution can only ask him on the admissibility of evidence, nothing else,” Karpal told reporters later.
“If we have a trial-within-a-trial, if they can prove unfair methods were employed, (even) we don’t know what the unfair methods are,” argued lead prosecutor Datuk Mohd Yusof Zainal Abiden in protest.
Mohd Zabidin said, however, that it was up to Anwar’s lawyers to establish the need for a trial-within-a-trial, and not the prosecution.
“That’s up to (the) defence to prove,” said the judge.
Karpal told reporters later that he wanted the items to marked from evidence (P) to ID.
Earlier today, several police officers, who were on duty at the lockup where Anwar was detained, testified that the PKR de facto leader was the only one held that night.
The police officers also maintained that none of the items were touched or moved from their original place in the lockup after Anwar had been released the following day.
DNA profiles have so far been obtained from the "Good Morning" towel, the toothbrush and the mineral water bottle.
Government chemist, Nor Aidora Saedon, testified last week that graph results showed that there were two main DNA profiles on the evidence samples — that of “Male Y” together with an unknown DNA profile.
She had already testified on February 23 that the DNA profiles found on the said items matched that of an unknown “Male Y”, whose sperm extracts had been found in Mohd Saiful Bukhari Azlan’s anus earlier.
The trial will resume tomorrow at 2.30pm with both sides presenting their submissions on the matter.
Saiful had complained that Anwar, his ex-boss, had sodomised him at a luxury condominium in upper-class Bukit Damansara here on June 26, 2008.
Saiful, now aged 25, has never named anyone else.
Anwar, the 63-year-old PKR de facto leader, is currently facing sodomy charges for the second time in his life.
He has denied the charge, describing it as “evil, frivolous lies by those in power” when the charge was read out to him.
He is charged under section 377B of the Penal Code and can be sentenced to a maximum of 20 years’ jail and whipping upon conviction. The trial is taking place 18 months after Anwar was charged in court in August 2008.
He was charged with sodomy and corruption in 1998 after he was sacked from the Cabinet and was later convicted and jailed for both offences.
He was freed in September 2004 and later resurrected his political career by winning back his Permatang Pauh parliamentary seat in a by-election in 2008, which had been held in the interim by his wife.
He led the opposition coalition, Pakatan Rakyat, to a historic sweep of five states and 82 parliamentary seats in Election 2008.
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The Rakyat already knew why was Anwar arrested and put in the lock-up for overnight in order to get Anwar's DNA.
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