Judge remove items as evidence...

The Kuala Lumpur High Court has ruled as inadmissable three items from which DNA of 'Male Y' was retrieved by the police for the sodomy trial against Anwar Ibrahim.

Justice Mohamad Zabidin Mohd Diah ruled that - the mineral water bottle, Good Morning towel and toothbrush - cannot be tendered as evidence, thereby crimping the prosecution case.

Lawyer Karpal Singh had this morning responded to Solicitor-General II Mohd Yusof Zainal Abiden's submission yesterday, to deter the prosecution's application to admit the three disputed items as evidence. Karpal had previously submitted that since Anwar Ibrahim's arrest was unlawful, and the items were procured unfairly, the items should be rejected.

Yusof argued that the court should consider whether the items are relevant warranting the items to be admitted even if they were secured “illegally”. Citing British, American, Jamaican and African case laws, he showed that cigarette butts and a mineral water bottle from an accused person had been accepted as evidence in sexual assault and murder cases.

The ruling for the defence could have set a precedent for police to be more careful in making an arrest and obtaining evidence. Had it gone in favour of the prosecution, it would have meant that items obtained in a questionable manner can be admitted as evidence.

10.11am: The trial resumes with Justice Mohamad Zabidin Mohd Diah presiding.

10.16am: Karpal begins his reply to Yusof's submission. He maintains the items were obtained by trickery and were unfairly obtained.

10.22am: The police employed unfair methods and unfair means to get the items after Anwar refused to provide a DNA sample at Hospital Kuala Lumpur, he argues. "The court should not adopt the American case laws but adopt the Federal Court decision in the five-member bench," says Karpal. The court should follow Malaysian laws and not English or American laws, he adds.

Karpal reiterates that unfair methods and unfair means were employed by the police. Investigating officer Jude Blacious Pereira had instructed that no one should touch the items and this proves the trickery involved, he says. Karpal concludes by saying the court should reject the evidence as it was illegally obtained.

10.27am: Justice Zabidin asks the court to stand down, possibly to deliver his decision.

10.35am: He rules against the admission of the three items - the mineral water bottle, Good Morning towel and toothbrush - as evidence. He finds the DNA samples were obtained through unfair means and that the items should be excluded. Those in the public gallery applaud his decision.

10.38am: Yusof informs the court that the prosecution is not ready to proceed with the trial, as witnesses have not been called for today. "We have three other witnesses to call, and we apply for the trial to continue tomorrow."

The hearing is adjourned to 9am tomorrow.

source:malaysiakini

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cheers.