Following the major setback to Anwar Ibrahim after the Kuala Lumpur High Court ruled that his arrest was legal, the trial resumed today with the recalling of two witnesses to officially admit three disputed items as evidence.The items - a Cactus mineral water bottle, a 'Good Morning' towel and a white toothbrush - were retrieved from Anwar's cell after he was held overnight by the police on July 16, 2008. The two witnesses - chemist Nor Aidora Saedon and former Crime Scene Investigation chief Supt (Rtd) Amidon Anan - were both involved in handling the items. Nor Aidora had earlier testified the DNA retrieved from those items belonged to 'Male Y'.
Following today's hearing, the prosecution is expected to close their case and the court will fix another day for submissions. After hearing arguments from both sides, the judge will then decide on whether the prosecution has a prima facie case and thus requiring Anwar to mount his defence.
9.47am: Court called into session with justice Mohamad Zabidin Mohd Diah presiding. Yusof wants to recall two witnesses. Karpal interjects. He says the defence had already submitted an application for a review of yesterday's ruling. However, judge says he will hear the testimony of the two witnesses. Karpal objects. The application has to be heard first before the recalling the two witnesses, he argues.
Karpal: A hasty judge is a pertinent judge.
Judge Zabidin: I want to see you in chambers.
9.52am: Karpal says he does not want to see in tomorrow's papers that 'Male Y' is the accused, and then later the court allows a review of its decision. After shaking his head, judge agrees to meet the parties in his chambers.
10.03am: Both parties emerge from chambers. Sankara indicates judge is to hear the defence's application for review straight away.
10.08am: The court resumes with hearing of the review application. Karpal says a ruling was made on March 8 where all three items were to be excluded as evidence since they were obtained through unfair methods and unfair means.
10.11am: He says according to the ruling yesterday, the items were to be admitted based on evidence of the investigating officer. "What is most significant was this - the Lock-up Rules, Rule 20, states that a time to rest, in which a suspect must be kept in lock-up between 6pm and 6am. "A contravention of that rules would make the detention unlawful."
10.14am: Karpal adds that what is important is that the detention was unlawful even if the court ruled the arrest was lawful. "Anwar is taken to HKL (Hospital Kuala Lumpur) at 8.30pm and brought back at 10.30pm. This is a clear case of contravention of Rule 20.
"Subject to that, it shows the unfair method and unfair means. You did not touch on the lock-up rules." Citing Mokhtar Hashim case, Karpal said the court is bound by the decision as it is a Federal Court decision. "You ought to have decided unfair methods and unfair means alone."
10.18am: Karpal also points out that the samples were not allowed to be touched by the police. "This shows deception to gain DNA," he says. "The Federal Court has ruled, by trick or deception, the court should not accept such evidence as it would be unfair to the accused."
10.21am: Karpal says the judge should not be influenced by anyone and should stand as the Rock of Gibraltar when making a decision. Karpal ends his submission.
10.22am: It is now Yusof's turn. He submits there is no new evidence for a review.
10.24am: Yusof says the detention does not mean you must be in the lock-up. "None of the counsel said you must be in the lock-up then. In fact, Anwar was allowed to spend time with his family.
"DSP Yahya Abdul Rahman said 'do not touch' (the items), but it was directed the next morning. It was not the IO (investigating officer) who directed 'not to touch'. It was not Jude (Pereira) who directed the collection of samples. It came from the higher-up, the Federal Territory CID chief," he says.
10.28am: Yusof says it is normal for the police to take advantage. He ends his submission.
10.29am: Karpal replies that the prosecution accepts the Federal Court decision, but that applies to caution statement. "Anwar was taken to HKL at the hours this was done, and it is against the law. "What was done is considered unlawful arrest. There was deception against DSAI and therefore, the need to review the ruling." 10.31am: Judge Zabidin asks for a 10-minute break before delivering his decision on the defence's application to review yesterday's ruling.
10.40am: Court resumes.
Justice Zabidin rejects Karpal's review application on the grounds that after going to the affidavit, there is no grounds for him to review. "Hence the application is dismissed." Former Crime Scene Investigation chief Supt (Rtd) Amidon Anan is recalled to take the witness stand.
10.44am: All the items are now being marked as evidence.
10.45am: Karpal says the defence has no questions.
10.46am: Chemist Nor Aidora Saedon is called to take the stand.
10.47am: DPP Noorin Badaruddin stand. He will be asking the questions. Nor Aidora says the items which were handed by Pereira was identified by her. "I examined and analysed them."
10.50am: Nor Aidora's chemist report is also marked as an exhibit (evidence) P62. Her electropherogram chart is marked as evidence P63. Karpal says he has no questions. Yusof stands and says the prosecution has closed its case.
The prosecution has offered 73 witnesses to the defence. Out of this, 27 had been called by the prosecution.
10.53am: Yusof applies for submission in two weeks. Karpal asks for three weeks. Justice Zabidin fixes April 18 for submission. This is will immediately after the April 15 Sarawak state elections.
10.56am: Court adjourns.
source:malaysiakini.
'PM dan isteri antara ditawar sebagai saksi'cheers.
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