The prosecution in the Sodomy II trial has, for the first time, named Anwar Ibrahim as 'Male Y', connecting him to the previously unknown contributor of the DNA found in the complainant's rectum.

Solicitor-General II Mohd Yusof Zainal Abiden told the High Court in Kuala Lumpur that Anwar was the sole person held in the lock-up cell on July 16, 2008.

azlan The DNA recovered from three items the cell were found to match the DNA found in the low rectal area of the complainant, Mohd Saiful Bukhari Azlan.

The source of the DNA had until now been dubbed 'Male Y'.

"This confirms that the unknown contributor 'Male Y' is Anwar. This shows there is a prima facie case," Yusof said, adding that the case had also fulfilled the 'beyond reasonable doubt' test.

“This piece of evidence will confirm the identity of the 'Male Y' and bring home the charge against the accused beyond any shadow of a doubt,” he added.

Normally, a beyond reasonable doubt test is applied by the court after the defence is called.

This is the first time that the prosecution has connected the dots to the chemist's report and the  evidence the prosecution raised, based on the testimony of its witnesses that 'Male Y' is indeed Anwar.

NONE Yusof ( right ) further submitted that two independent chemist reports showed that penetration had taken place.

“The presence of semen in the three cotton buds shows there was penetration as it was not DNA but semen and in one instance, one of it found was predominantly that of 'Male Y', he said in his submission.

These chemists are independent witnesses as they are not parties in the matter, Yusof said.

“What is essential to prove is whether the penis was introduced in the anus, and the court must be satisfied that such an incident could have taken place.”

Yusof maintained that chemist Dr Seah Lay Hong had no knowledge of where the cotton swab containing seminal stain was found.

'Saiful admired Anwar'

He said Saiful had admired Anwar and was given preferential treatment by the PKR de facto leader. Saiful was also given his own room at the PKR headquarters after two months of work.

“Saiful worked as Anwar's personal assistant and was entrusted to keep Anwar's handphone and also make arrangements for his meetings.

“The defence painted a misconception that Saiful could have run away from the (sodomy) incident. However, no question was put why he did not do so. Furthermore, Saiful had testified that he was scared,” Yusof said.

He put it that the incident at the Desa Damansara condominium was credible to have happened based on the CCTV recordings of Anwar and Saiful's car coming in and leaving the condominium.

“These are all corroborative and independent evidence to show Saiful was at the scene and the incident took place,” he said, adding that on that afternoon, Anwar met with Saiful to work on the work schedule and to deliver documents, and this was never disputed by the defence.

'Anal penetration may not cause injury'

Yusof said there were medical findings to show that penetration of the anus rarely produced signs of injury in consenting and non-consenting adults, and this study was reported in medical literature, whose authors included David Wells, who was hired by the defence.

NONE He also told the court that the three rectal swabs gtaken by Dr Mohd Razali Ibrahim ( left ) contained semen and spermatozoa.

“The presence of semen is clear evidence of penetration and intercourse,” he said.

Yusof also said Anwar was the sole occupant in the lock-up from which the three items retrieved - the toothbrush, mineral water bottle and towel – contained DNA that corresponded and matched with the DNA profile of the unknown contributor 'Male Y'.

"It confirms the unknown contributor Male Y is Anwar. This shows there is a prima facie case,"  Yusof said.  

Furthermore, he said, Saiful had no axe to grind against the accused and there was "no purpose for him (Saiful) to make up (the allegation)".

NONE In responding to lawyer Sankara Nair's assertions, Yusof said spermatozoa can still be found in the anus three days after it is deposited, even after the recipient had “passed motion” (defecated).

He also said another chemist, Nor Aidora Saedon ( right ), had obtained a good and single 'Male Y' sample to confirm it through the 18 alleles.

“The alleles adduced show there is no other contributor except the accused. The DNA test comes from the machine and it cannot be fabricated,” he said.   

No possibility of evidence tampering

Yusof said investigations officer Jude Blacious Pereira did not tamper with the exhibits as all the seals of the hospital remained intact.

He maintained that what was found on swabs B7, B8 and B9 were semen.

"There is no evidence that the accused kept it in the sperm bank. Unless the defence is suggesting that Anwar's semen is all over the place," Yusof said, adding the defence did not challenge the evidence from Bukit Aman CSI head Amidon Aman on retrieving the three items.

He also said there was no evidence that Saiful had gone to Hospital Kuala Lumpur prior to his June 28 examination and that the question of consensual carnal intercourse or non-consensual sex should not be an issue as it is the public prosecutor's discretion to decide on the charge.

Yusof will continue with his submissions tomorrow.