Karpal: Zaid risks contempt of court over DNA remarks...

Senior lawyer and Anwar Ibrahim's lead defence counsel Karpal Singh warned former Pakatan Rakyat colleague Zaid Ibrahim today that his recent remarks over the Sodomy II were in defiance of the trial judge's warning against acting in contempt of the court.

“As Anwar's defence consel, I am warning all quarters, including politicians, not to defy Justice Mohamed Zabidin's (Mohd Diah) reminder that anyone committing an act of contempt in the ongoing trial will face the music. “Any act by anyone, however, subtle, to influence the decision of a judge in an ongoing trial amounts to contempt of court,” Karpal added in a statement released this afternoon.

Karpal, who heads DAP as its national chairperson, was responding to Zaid's remarks earlier this week over Anwar's refusal to yield his DNA sample as requested by the prosecution seeking to link the former deputy prime minister to the DNA found on his accuser Mohd Saiful Bukhari Azlan.

Zaid was reported as saying that Anwar must provide the DNA sample if he is serious about clearing his name. The DNA evidence which the prosecution had tried to use in the trial was thrown out on "a technicality", said Zaid citing the argument by the chief prosecutor, solicitor-general II Mohd Yusof Zainal Abiden. Zaid, who quit Umno and joined PKR in 2008 before leaving the party late last year, questioned Anwar's refusal to provide a DNA sample and said the latter would lose his moral standing.

Karpal, however, said Zaid should remember the basic and fundamental principle of criminal law - that it is not for the accused to prove his innocence but the prosecution which must prove the guilt of an accused person beyond reasonable doubt.

“The court has ruled the DNA profiling from the Good Morning towel, the tooth bursh and mineral water bottle recovered by the police from the lock-up in which Anwar was placed between July 16 and July 17, 2008, was procured by the police by unfair methods and unfair means after holding a trial-within-a-trial and directing that these items and all evidence relating to them in the prosecution case be expunged. “The police are required by law to comply with the correct procedures in investigations. Anwar is entitled to a fair trial after a fair investigation. The law guarantees him that. No one, likewise, should and can, deny him that,” said the Bukit Gelugor MP.

“There is no question of Anwar refusing to provide DNA samples. In 1998, it is on record that Anwar's DNA profiling was abused by the police. Anwar does not want to give the police another opportunity to repeat what was done in 1998. His fears are understandable and justified,” Karpal added.

“As a lawyer, Zaid should know the bounds and parameters of the law of contempt. Zaid should not fish in troubled waters. It is a deadly risk, and the consequences can be equally deadly.”

source:malaysiakini

cheers.