Sodomy II - 'Nothing improbable, incredible or doubtful'....

The prosecution in the Anwar Ibrahim Sodomy II trial submitted at the end of its case that the evidence adduced is credible for the court to safely accept and call for his defence. Solicitor-General II Mohd Yusof Zainal Abiden (left) said there is no break in the chain of evidence with regard to the exhibits that may affect its integrity.

"With regard to the expert witnesses, it has been shown from the evidence adduced that not only are they competent in conducting the examination and analysis they have been tasked with, they have explained and also given their reasons for such findings or opinions," he said. He added that the witnesses and evidence adduced, being given maximum evaluation, would not suffer any infirmities to be rejected.

"There is nothing improbable, incredible or doubtful for the court not to feel safe to accept and act upon. They are credible witnesses giving credible evidence," Yusof said.

"A prima facie case as described by all the authorities has been made out against the accused which can only be overthrown by evidence in rebuttal. We pray that the accused to be called to enter his defence on the charge against him," he concluded.

Earlier, Yusof rebutted the argument put forward by Karpal Singh, that the failure to call Pusrawi doctor Dr Mohd Osman Abdul Hamid was fatal, by claiming that what the doctor had said was not true (regarding that a plastic object was introduced into complainant Mohd Saiful Bukhari Azlan's anus).

Karpal charged that Osman should have been called as the prosecution witness, and his absence left a very serious gap in the prosecution's case.

"The document is only marked as ID (for identification, not as exhibit [evidence]) It cannot be accepted as evidence. Saiful did complain to Osman, but the fact was he (Saiful) had not lodged a police report there and then.

"Saiful only lodged a report after being asked by Osman to go to the government hospital," said Karpal.

Yusof also said that Ram Karpal's assertion the two chemists were biased could not hold water.

"The court should look at the whole evidence during the examination-in-chief, cross-examination and re-examination. All of the doubts raised in the cross-examination has been dealt with during re-examination.

"It was proven that semen was found and it belonged to Anwar," he said.

Saiful: Credible or otherwise?

Karpal(right) in reply asked whether Saiful's evidence was credible or if he was a credible witness as there were many opportunities for him to run or call for help but did not do so.

"Let us assume 'Male Y' is the accused but the question is: Can the evidence of the complainant be believed to be credible?" he asked.

"What transpired on June 27 (the day after the alleged sodomy act) is crucial as Saiful was at the PKR office and then at Anwar's house but he later met Mumtaz Jaafar and Ezam Md Noor (former PKR youth chief and now senator).

"Mumtaz and Ezam were not called by the prosecution as witnesses. There is also Saiful's testimony that Mumtaz had advised him against making a report. But what led him to change his mind?" he asked, saying this was never explained.

Karpal said Osman should have been called to answer over the medical report which stated a plastic object had been introduced into Saiful's anus.

"Evidence led does not prove 'Male Y' is the accused. Ram Karpal had gone through great lengths and that the evidence of chemist Dr Seah Lay Hong should be excluded," he said.

"What the court has is Seah's evidence, which corroborates with what was said, but Ram Karpal had suggested the fallacy of the findings. Hence, to suggest 'Male Y' is the accused is untenable. What the court has is prejudicial evidence," he stressed.

Tremendous degradation

Sankara Nair(left) reiterated for the defence that the samples were only given after 97 hours to the chemist.

"Are we to believe the chemist's testimony wholeheartedly that she found semen and sperm after all those hours? It certainly defies logic as the sample had undergone tremendous degradation by then," he asked

He said medical literature suggests that semen or sperm cannot last such a long time without being placed in the freezer.

"We have evidence from investigating officer DSP Jude Blacious Pereira that the samples retrieved from Saiful were merely kept in the drawer and not in a freezer.

"Furthermore, there is a possibility of tampering of the samples as "an opportunity was there and it could have been done."

Sankara also pointed out that no tear was found on Saiful's anus although the complainant had alleged that he had felt pain during the sexual act.

Saiful had said: "Dia laju dan rakus dan saya rasa sakit sikit." (Anwar was fast and rough and I felt pain). - Hafiz Yatim

source:malaysiakini.

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