Court delivers blow to Anwar, evidence allowed
The Kuala Lumpur High Court today delivered a major blow to Anwar Ibrahim in his sodomy trial when it reversed its ruling on the trial-within-a-trial and said that three disputed items can now be admitted as evidence.
Judge Mohamad Zabidin Mohd Diah however rejected the prosecution's application to compel Anwar to give his DNA sample, saying this is no longer neccessary in view of his decision today.
The prosecution had last week made two applications - to review the ruling on the trial-within-a-trial and for the judge to order Anwar to surrender his DNA sample.
Lead defence lawyer Karpal Singh had described the second application as having never been done before in the “history of the country, Commonwealth and the world”.
Solicitor-General II Mohd Yusof Zainal Abiden had submitted that obtaining a DNA sample from Anwar is “crucial and relevant” to determine whether it matches the DNA retrieved from the sperm found in complainant Mohd Saiful Bukhari Azlan's rectum.
"There has been no application like this before but it does not mean it cannot be done ... or else Section 165 of the Evidence Act will be mere words. We have the evidence but due to technical reasons it was not admitted (by the judge)," he argued last week.
Justice Zabidin had ruled that DNA samples from three key items - a towel, mineral water bottle and toothbrush - were inadmissible as they were unfairly obtained.
LIVE REPORTS
8.21am: There is a smaller police presence compared to Monday when there was some speculation that supporters of Anwar Ibrahim would hold a protest.
A number of supporters are milling outside the courtroom at the Jalan Duta court complex in Kuala Lumpur where the trial is being held.
The hearing is expected to begin at 9am.
8.43am: Journalists and the public are allowed to enter the courtroom by police.
Lead defence counsel Karpal Singh has arrived but is outside chatting with a few people.
8.46am: Karpal is wheeled into courtroom. The team of prosecutors has yet to arrive.
8.50am: The court is abuzz with talk about a sex video tape, said to depect someone resembling Anwar.
8.52am: Solicitor-General II Mohd Yusof Zainal Abiden enters the courtroom.
8.53am: Anwar arrives with his wife, Dr Wan Azizah Wan Ismail, and their two daughters.
One of Anwar's aides is seen carrying a red cushion. The cushion has been a permanent feature in this trial. It is placed on the wooden bench in the dock as Anwar has a bad back.
8.58am: Wan Azizah appears to be in high spirits.
Justice Mohamad Zabidin Mohd Diah steps in to deliver his decision.
The Kuala Lumpur High Court today delivered a major blow to Anwar Ibrahim in his sodomy trial when it reversed its ruling on the trial-within-a-trial and said that three disputed items can now be admitted as evidence.
Judge Mohamad Zabidin Mohd Diah however rejected the prosecution's application to compel Anwar to give his DNA sample, saying this is no longer neccessary in view of his decision today.
The prosecution had last week made two applications - to review the ruling on the trial-within-a-trial and for the judge to order Anwar to surrender his DNA sample.
Lead defence lawyer Karpal Singh had described the second application as having never been done before in the “history of the country, Commonwealth and the world”.
Solicitor-General II Mohd Yusof Zainal Abiden had submitted that obtaining a DNA sample from Anwar is “crucial and relevant” to determine whether it matches the DNA retrieved from the sperm found in complainant Mohd Saiful Bukhari Azlan's rectum.
"There has been no application like this before but it does not mean it cannot be done ... or else Section 165 of the Evidence Act will be mere words. We have the evidence but due to technical reasons it was not admitted (by the judge)," he argued last week.
Justice Zabidin had ruled that DNA samples from three key items - a towel, mineral water bottle and toothbrush - were inadmissible as they were unfairly obtained.
LIVE REPORTS
8.21am: There is a smaller police presence compared to Monday when there was some speculation that supporters of Anwar Ibrahim would hold a protest.
A number of supporters are milling outside the courtroom at the Jalan Duta court complex in Kuala Lumpur where the trial is being held.
The hearing is expected to begin at 9am.
8.43am: Journalists and the public are allowed to enter the courtroom by police.
Lead defence counsel Karpal Singh has arrived but is outside chatting with a few people.
8.46am: Karpal is wheeled into courtroom. The team of prosecutors has yet to arrive.
8.50am: The court is abuzz with talk about a sex video tape, said to depect someone resembling Anwar. He has denied any involvement.
8.52am: Solicitor-General II Mohd Yusof Zainal Abiden enters the courtroom.
8.53am: Anwar arrives with his wife, Dr Wan Azizah Wan Ismail, and their two daughters.
One of Anwar's aides is seen carrying a red cushion. The cushion has been a permanent feature in this trial. It is placed on the wooden bench in the dock as Anwar has a bad back.
8.58am: Wan Azizah appears to be in high spirits.
Justice M
ohamad Zabidin Mohd Diah
(left)
steps in to deliver his decision.
9.01am: The judge notes that, at the end of the trial-within-a-trial, he had ruled the three items cannot be tendered.
He now rules that the arrest of Anwar was lawful following new evidence provided by investigation officer Jude Blacious Pereira.
He therefore allows the items - the mineral water bottle, towel and toothbrush - to be admitted as evidence.
9.02am: Justice Zabidin however rejects the prosecution's application to compel Anwar to give his DNA sample.
Yusof applies for two witnesses - chemist Nor Aidora Saedon and Supt Amidon Anan - to be recalled so that the items can be admited as evidence.
9.04am: Justice Zabidin says the trial will resume tomorrow.
In an immediate reaction, a disappointed Anwar says there was strong political pressure on the judge to change his decision.
919am: Anwar is seen consulting his lawyers.
The court is still full as those in the public gallery begin to slowly move out. Those who have just arrived are PKR MP Johari Abdul (Sungai Petani) and PAS MP Dr Dzulkefly Ahmad ( Kuala Selangor) .
9.34am: Johor PKR chief Chua Jui Meng believes there has been pressure from the government.
Normally, when a trial-within-a-trial decision has been made, he says, it is very rarely overturned.
"However, in this case the court allows further submissions and review after the prosecution had finished calling its witnesses," decries Chua, who is also a lawyer.
10.10am: Anwar gives a short press conference maintaining that the prime minister and his cabinet may have pressured the judge into reversing his decision.
"I am surprised but not utterly surprised in the decision as anything can happen with Anwar with unusual precedents being set," he said.
Anwar leaves the court complex holding the Wan Azizah's hand.
Malaysiakini will continue its LIVE reports on the trial tomorrow morning beginning at 9am.
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