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3.00pm: Shafee says Saiful is not an accomplice as he is a victim of a sex crime.
"The DNA of Anwar is found in several exhibits. Therefore there is corroboration," he says.
Shafee finishes his submission and says the cross-appeal will be addressed later if the court finds Anwar guilty.
Gopal applies that they continue on another day, perhaps Thursday, and the court agrees.
2.50pm: Shafee says Karpal wanted to get a copy of Saiful's cautioned statement and in asking for it, it does not mean he had apply to impeach the star witness (Saiful).
"A mere hunch is not enough. Quite clearly Karpal's application was not impeachment but to apply for Saiful's cautioned statement," he adds.
2.40pm: Shafee further says Saiful's grey underwear staining shows corroboration.
He further explains nobody seemed to care about Saiful when he met with senior police officer Mohd Rodwan Mohd Yusof until after the incident occurred.
"This could explain why Saiful only lodged the report two days after the incident as no one took Saiful's plight seriously," he adds.
2.35pm: Shafee refers to the photograph which shows Saiful at Anwar's tea function.
Lead defence counsel Gopal Sri Ram had previously argued that cameras do not lie, and it shows the demeanour of Saiful.
Shafee says the photograph is not admissible as the photographer need to be called.
"This is a documentary evidence and rules apply. If not it is documentary hearsay."
Shafee says while Gopal claimed Saiful looked normal, the government prosecutor says the complainant looked upset.
"Hence this is very subjective," he says.
1.20pm: Some 50 Saiful supporters have gathered outside the Palace of Justice with banners and placards.
Among those present was Salahuddin Abdullah, 22, from Sepang, who told Malaysiakini that Anwar has tarnished Islam.
"We must fight against those who soil Islam," he said.
Meanwhile, some 20 Anwar supporters created a minor commotion when they gathered at the steel barricades and asked the police to let them through but this was denied.
The group was led by Kuala Selangor PKR branch chief S Manikavasagam.
1.09pm: Justice Arifin announces a break with the hearing slated to resume at 2.20pm
12.50pm: Shafee emphasises that Anwar's statement from the dock is worthless as he provided reasons which were untenable.
He says the spreadsheet that the prosecution prepares is from the raw material of the chemist’s analysis.
The government appointed lawyer says it is copied exactly from the source.
12.40pm: Following this, Shafee chooses to stop continuing on the Thai article.
12.30pm: Shafee further submits that samples from the rectum can lasts longer compared to the peri-anal.
He says there is literature that the samples can last up to 65 hours in the rectum.
"In Anwar's case, the samples were retrieved after 56 hours," he points out.
Shafee wants to submit an article in Thai, where the conclusion is in English, but Ram Karpal objects.
"This article has been pointed out in the High Court and the Court of Appeal, we cannot allow an article which is in Thai in court.
"If not we might as well take an article in Spanish," argues the defence lawyer.
Justice Arifin notes the objection.
While Shafee continues to submit further on the Thai article, Justice Suriyadi stops him and says he cannot decipher what is in the article although it is related to a sexual offence.
"For all we know it could be against a chicken," says the judge.
Shafee says he takes the point and maintains it is not about a chicken. But Justice Suriyadi has the courtroom in stitches when he quips, “It could be about KFC for all we know".
12.15pm: Shafee says if there is DNA, it makes the case stronger.
He raises the question again as to how Anwar's semen could have been planted with some signs of degradation as the sperm found did not have tails.
"This shows there is degradation. If it is planted, where could we get the accused’s sample and aged it a little," he says.
12.07pm: Moving to Saiful's grey underwear, which he used when going to HKL, where semen stains of Anwar were found, Shafee explains it is not incredible.
The defence lawyers, he says had questioned how could this be and he explained that it could be as a result of Dr Osman inserting the proctoscope to inspect Saiful's anus.
Or it could be discharge retrieved from Saiful by the HKL doctors, the prosecutor explains.
11.50am: Shafee says this could explain the contamination.
Now he discusses the photographs taken from Anwar's lock-up, which show the toothpaste, toothbrush and towel which have already been used.
He says we can conclude Anwar opened the package on those items, which were handed over by the police.
Shafee says the 18 allele found on Saiful's peri-anal region could be from Dr Osman.
"The allele 18 just appeared once and what PW6 says is that it is a starter. Starter is a reading that is false."
11.40am: In many of these cases, McDonald's testimony had been rejected and that is the reason why the appellate court says he is an armchair expert.
On the allele 18, Shafee says Saiful's was examined by Dr Mohd Osman Abdul Hamid ( left ) and there was no evidence that the proctoscope used was sterile.
"There is no evidence whether Dr Osman wore gloves as he was all over the anus of Saiful.
"There is possibility that Osman's DNA is deposited on Saiful," he says.
11.32am: McDonald's testimony had been rejected since 2007 and also in two cases in 2014, says the prosecutor.
McDonald, Shafee adds, will testify on anything "under the sun".
11.22am: Shafee says Malaysia is already there, together with Singapore, on DNA testing.
He says McDonald ( right ) should not be relied upon as the Australian court also does not accept his evidence.
"He has been rejected in many courts in Australia and Brunei," says Shafee.
11.15am: Shafee reads defence witness Dr Brian McDonald's testimony, where he says these are pristine DNA i.e. samples found from Saiful.
He says even Australians classify McDonald as an “armchair expert” and not only the Court of Appeal.
(In convicting Anwar, the appellate court found the defence witnesses as armchair experts)
"Australian judges held the same about the defence experts whom they described as armchair experts," says Shafee.
11.05am: Anwar walks out of the courtroom shortly after coming back from his break, and tells cameramen present that he wants to give a statement.
He then chuckles and walks away, without saying a word.
As he enters the courtroom, he jokingly asks reporters when will the court deliver its verdict. "Even I don't know when," he says.
10.42am: Shafee says while the sperm's tail may dissolve, the head remains.
From the head, he says the chemist managed to get the reading, and the reading was perfect.
Shafee is seen as debunking Ram Karpal's submission that in order to be pristine it must be a fresh sample.
Justice Arifin orders a short recess until 11am.
10.25am: Shafee now replies on the alleged degradation.
He says if the reading is achievable then it should not be questioned.
The prosecutor adds that (chemist) Seah ( right ) did not say the samples were pristine but rather that the reading is perfect.
He says the Court of Appeal also dealt with the samples and it is not in dispute.
He cites an Australian murder case R vs Butler where a DNA sample was retrieved from a towel which had been buried for 13 years.
"The DNA was found on the towel where semen was found. The reading was considered matching and the accused was convicted for the murder," he says.
Shafee further cites internet articles but Justice Arifin questioned how could the court evaluate internet articles.
"In my case, the reading is perfect."
10.20am: Also seen in the public gallery is PKR vice-president Rafizi Ramli and PAS Hulu Klang assemblyperson Saari Sungib.
Shafee says the Court of Appeal had convicted Anwar and if the opposition leader says the semen sample was not his, then he should do his own DNA test to prove otherwise.
10.15am: Shafee argues that Anwar's case is not the first case where he alleged conspiracy as there was the Indian case.
"How do we explain Anwar's semen sample found (in Saiful's anus). The broad allegations of conspiracy must be believable and logical, and the court should evaluate this."
"The defence has not explained how Anwar's semen was there," says the government-appointed prosecutor.
10.05am: Shafee points out that while Anwar has claimed the sodomy case was the greatest ‘fitnah’ against him, he did not deny his presence at the said apartment (condo).
Shafee shows the court the arrival of Anwar and Saiful from the closed-circuit camera.
"It is Anwar's duty to dispute this (his presence at the condo unit)."
With the defence of alibi abandoned, Shafee says this would attract an adverse inference made against the accused.
10am: Shafee says according to the Indian case, a corroborative evidence can be made against Anwar when he failed to call his alibi witnesses.
"We (the prosecution) have proven Anwar's presence in the particular (condominium) unit," he says.
Justice Suriyadi asks whether the accused testified from the dock or otherwise in the Indian case, Shafee says the Indian politician had exercised his right to remain silent.
The prosecutor submits two photographs to show Anwar and Saiful in the said condo unit where the incident happened.
9.50am: The crowd at the Palace of Justice continues to swell with some 500 people gathered outside the Federal Court area.
9.36am: Government-appointed prosecutor Shafee cites various case laws where adverse inference can be made against Anwar for not calling his alibi witnesses.
He refers to an Indian Supreme Court decision in the case of a politician who killed his wife to keep their marriage secret and tried to dispose the body by burning it in a ‘tandu’ (oven).
The politician, Shafee says, gave a list of alibi witnesses but none of them were called to prove his alibi.
But there were evidence to prove the politician's presence when the body was burnt at a restaurant which he owns, says the prosecutor.
"The failure to call alibi witnesses is considered an independent corroborative evidence."
9.30am: Shafee reads out the court's transcript. He says former defence lawyer Karpal Singh ( right ) had then said an alibi notice was given.
"The defence is short lived as none of them are called."
He cites a case law where an adverse inference can be invoked following the defence’s failure to call its alibi witnesses.
9.22am: Court is in session with Justice Arifin Zakaria presiding.
Shafee continues his submission on Anwar's alibi.
He says that 13 witnesses were named including Wan Azizah and condo owner Hasanuddin.
9.18am: A foreign reporter asks Anwar whether he is wearing a Brioni suit (the prosecution has earlier said that Anwar gave Saiful an Italian Brioni suit).
Anwar, who is wearing a dark blue jacket, laughs and says his is a rather inexpensive suit.
Also seen in the public gallery is national laureate A Samad Said and DAP's Ronnie Liu.
8.57am: Government-appointed lawyer Muhammad Shafee Abdullah enters the courtroom.
Karpal’s widow Gurmit is seated next to Wan Azizah while Anwar is seen having a chat with Azmin.
8.50am: Opposition Leader Anwar Ibrahim arrives in court with wife and PKR president Dr Wan Azizah Wan Ismail. With them is defence lawyer Gobind Singh Deo.
Also seen in court are Karpal Singh's widow Gurmit Kaur and Selangor Menteri Besar Azmin Ali.
A number of observers from the embassies of United States, United Kingdom and Germany are present.
8.30am: Police have been making its presence felt since Anwar's appeal began.
About 200 supporters of Anwar Ibrahim have gathered outside the Palace of Justice in Putrajaya where the Sodomy II appeal will be heard.
The atmosphere appears upbeat with the crowd shouting "Hidup Anwar" (Long live Anwar) and "Reformasi". They unfurl banners with messages such as 'Justice for Anwar' and 'Rakyat Hakim Negara'.
Already in court are defence counsel Gopal Sri Ram, Sangeet Kaur Deo, N Surendran, R Sivarasa, Latheefa Koya and Eric Paulsen.
For the prosecution, DPP Mohd Hanafiah Zakaria is preparing for the long day ahead.
PKR's Wangsa Maju MP Dr Tan Kee Kwong enters courtroom.
8.20am: As government-appointed prosecutor Muhammad Shafee Abdullah is expected to wrap up his submissions and Anwar Ibrahim's defence team to make its final reply, the biggest question is whether the Federal Court will deliver its decision today.
Anwar's appeal to set aside his conviction and sentence of Sodomy II has entered its sixth day of labourious submissions from both the defence and prosecution.
Opposition Leader Anwar had yesterday commended the five judges led by Chief Justice Arifin Zakaria for being patient and attentive to all the arguments put up by his lawyers.
His defence led by former Federal Court judge Gopal Sri Ram ( right ) had raised various issues questioning alleged victim and Anwar's former aide Mohd Saiful Bukhari Azlan’s credibility which the trial judge had observed at the Kuala Lumpur High Court, to which the appellate court also agreed.
Co-counsels N Surendran argued that the case was a political conspiracy, while Ram Karpal Singh raised problems relating to the DNA findings being in pristine condition 96 hours after the alleged incident and the mysterious presence of an unidentified male DNA of a third person on Saiful's sample.
Lawyer Sangeet Kaur Deo also questioned the manner the lock-up samples were taken and the illegality of Anwar’s arrest on July 16, 2008.
Since Friday, Shafee has been debunking the issues raised by the defence when he strenuously defended Saiful's credibility as a witness and asked the court to accept that the Desa Damansara condominium sodomy incident was not the first and only one between Anwar and Saiful.
He argued that it is not probable the incident was pre-planned as this would require all witnesses - Saiful, Hospital Kuala Lumpur doctors, the judges, the chemist, then deputy prime minister Najib Abdul Razak and police - to be in it together.
The Umno-linked lawyer also told the Federal Court - the country’s highest court - that even if Anwar’s arrest was illegal and the manner in which the police retrieved Anwar's sample from the lock-up was through "trickery and deception", the DNA evidence retrieved could still stand, citing a Singapore case law which is accepted in Singapore, Malaysia and the Commonwealth.
Shafee ( left ) is expected to submit further on the DNA issue today, after which Anwar's defence team will reply on the points raised by the prosecutor.
Hence, the big question is whether the bench led by Justice Arifin will follow the Court of Appeals’ example and give its verdict immediately, or reserve its judgment to another day instead.
Malaysiakini is covering the hearing live.
