The court may decide today on when to hear the joint application by Prime Minister Najib Abdul Razak and his wife, Rosmah Mansor, to set aside the subpoenas served on them to testify at the sodomy trial.Four lawyers - former DPP Salehuddin Saidin, senior criminal lawyers Hisyam Teh Poh Teik, M Athimulan and Ghazi Ishak - filed the application yesterday.
Opposition Leader Anwar Ibrahim, who is accused of the charge, has described the latest development as “uncool”, taking a swipe at the PM's recent bid for an image makeover to endear himself with the Malaysian youths.
Anwar is also expected to file an affidavit in reply to Najib and Rosmah's application. In addition to the duo, two others - former IGP Musa Hassan and former Malacca police chief Mohd Rodwan Mohd Yusof - are also being summoned as defence witnesses.
On the trial front, Australian DNA expert Dr Brian McDonald (right) will be re-examine today by Ramkarpal Singh following two successive days of cross-examination by the prosecution.
The prosecution had yesterday sought to damage McDonald's credibility when it brought up court cases which had rejected his testimony.
9.49am: Court proceeding begins with Justice Mohamad Zabidin Mohd Diah presiding. Yusof says he has some more questions to ask in his cross-examination.
9.52am: Yusof asks a question about degradation, then he informs the court he is withdrawing an assertion he made yesterday regarding chemist Dr Seah Lay Hong's testimony.
9.53am: Now Ramkarpal is conducting re-examination. He asks regarding Dr Brian McDonald's qualification and the court cases in which he had testified.
10.05am: McDonald says he is certified senior scientist.
10.08am: McDonald says there was no issue over the standard of DNA tests which he performed in the Brokaw, Australian case (one of the cases raised by the prosecution).
10.17am: McDonald reiterates that he does not have the benefit of scrutinising all the findings, as the documents were not provided to Anwar's defence team.
10.19am: McDonald says the Australian Court of Appeal in one of the cases had recognised him as a credible witness.
10.22am: McDonald says he has a PhD in pathology, and this includes forensic DNA testing.
10.30am: He says although he does not do testing, it does not mean he cannot do them, but they are done by technicians and robots.
10.31am: McDonald says he has a clear working knowledge of sample handling and testing.
10.33am: McDonald says that it is not normal for sperm to last 113 hours in the rectum. "These are the rarest entries which is reported in (the literature). This case (56 hours) is one of the longest where the DNA has been identified on.
"In my experience the last 20 years, it would give poor results."
10.36am: McDonald says this is the longest recorded history of ejaculation was made (sic) where after 56 hours the DNA is identified. "In other cases I have seen eight hours after retrieval, that DNA has been identified."
10.40am: Now there is dispute as Ramkarpal wants to touch on the article from the Thai publication that Yusof had referred McDonald to. Yusof objects, saying the prosecution is withdrawing the question. Judge allows Ramkarpal to ask. It's a 'Sri Nagarind' medical article. McDonald says he does not read Thai. "I cannot comment as the summary may not tell the background."
Ramkarpal: Do you agree what is put in the article? (Smiling).
McDonald: The paper has no credibility whatsoever.
Ramkarpal: The paper says sperm can lasts in the vagina for 19 days.
10.46am: Yusof objects to the question on degradation.
10.47am: Justice Zabidin laughs at the exchange between Yusof and Ramkarpal.
10.48am: McDonald says the specific sample which needs to be focussed on is B7, B8 and B9.
"Her comment was, there was degradation, but she cannot see it.
"In order to identify allele, if the peak is above 50, it is a real. We have a history of high level degradation, but the evidence shows no amount of degradation in Male Y DNA or the sperm fraction." McDonald says degradation is an issue, as we put the credibility of the sample at stake.
"It is 56 hours in rectum and 48 hours outside and yet you find (the) pristine nature of the findings."
He conceded a mistake in his testimony on Seah doing the acid phosphatase test on the swab. The AP test was on Saiful's trousers and underpants.
"I do not intend to mislead the court."
10.54am: McDonald says it was not a question of honesty.
"I misread the evidence. It would be good to have some evidence in this matter in this case, which has been restricted as the amount of evidence had been limitedly given by Seah."
(There was an order to limit the access of documents to the defence.)
11.03pm: McDonald says he thought the PJ forensic lab has the ISO 17025 standard and his understanding was from Seah"s testimony that the lab comes under the 17025 certification.
Ramkarpal finishes his questions.
11.06am: Court adjours to 11.30am.
11.16am: Sankara Nair tells reporters German spine specialist Dr Thomas Hoogland, who performed the surgery on Anwar will be called as witness on Oct 6.11.42am: Court resumes.
11.43am: McDonald is called to verify the document on ASCLAB.
11.45am: Court adjourns. Justice Zabidin says the case will continue on Oct 3 and 7.
Justice Zabidin also verifies in open court that Najib and Rosmah's application will be heard on Sept 29.
The Kuala Lumpur High Court has fixed next Thursday (Sept 29) to hear Premier Najib Abdul Razak and his wife Rosmah Mansor's application to set aside subpoenas compelling them to appear as witnesses in Anwar Ibrahim's ongoing sodomy trial.
This was confirmed by solicitor-general II Mohd Yusof Zainal Abiden and Anwar's defence counsel Sankara Nair after the parties met in chambers.
Najib and Rosmah filed their application at the Criminal registry, with four lawyers representing them. Justice Mohamad Zabidin Mohd Diah made the decision after having the matter officially brought before the court today.
cheers.
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