PUTRAJAYA: The defence in opposition leader Datuk Seri Anwar Ibrahim’s sodomy appeal contended there was no conclusive evidence to confirm penetration into the anus of complainant Mohd Saiful Bukhari Azlan and the fact was confirmed by four doctors who examined him, the Federal Court heard yesterday.
Lawyer Ramkarpal Singh said medical notes of Dr Mohamed Osman Abdul Hamid from Pusrawi Hospital confirmed there were no injuries in the anus of the complainant when he was examined two days after the alleged incident.
He told a five-man bench headed by Chief Justice Tun Arifin Zakaria that the finding was consistent with those of three Kuala Lumpur Hospital (HKL) doctors where Mohd Saiful was referred to, after the complainant informed Dr Mohamed Osman that he was sodomised by a VIP.
The counsel was referring to a report jointly prepared by Dr Mohd Razali Ibrahim, Dr Siew Sheue Feng and Dr Khairul Nizam Hassan on July 13, 2008.
Ramkarpal said the doctors did not amend their findings until they were shown a report prepared by a chemist, Dr Seah Lay Hong, on the analysis of samples collected from Mohd Saiful’s rectum which showed the presence of semen allegedly belonging to ‘Male Y’, and later linked to Anwar.
“Doctors of HKL were just making an assumption that there was possibility of penile penetration after being informed where the exact location of the samples were lifted from,” he argued.
He submitted that the trial judge and the Court of Appeal judges had mis-directed themselves when they failed to evaluate on the facts that the doctors were more suggestive in nature.
Ramkarpal also pointed out the testimony of investigating officer (retired) Supt Judy Blacious Pereira, who had agreed during cross-examination that he opened the envelope’s seal containing 12 receptacles of Mohd Saiful’s intimate samples.
“The samples had been compromised before they reached the Chemistry Department and the investigating officer’s explanation was that he just followed the Inspector-General of Police Standing Orders (IGSO),” he said.
The lawyer also told the Apex Court that Pereira was present at HKL when the samples were collected and sealed by Dr Siew and two other doctors.
Ramkarpal said both the High Court and Court of Appeal failed to take into consideration that there was no other explanation for the officer’s act which was raised by the defence.
“It was a crucial point when it comes to judicial appreciation. However, the Court of Appeal just brushed aside the possibility of tampering,” he noted.
He said the Appellate Court also critically failed to appreciate defence expert witness, Dr David Lawrence Wells’ explanation on the possibility of tampering, following the detection of an unidentified male DNA in one of the samples collected from Mohd Saiful’s rectum.
“They (the courts) had expected the defence to establish the tampering, rather than creating doubt on the prosecution’s case,” he added.
On March 7, the Court of Appeal sentenced Anwar, 67, to five years’ jail for sodomising Mohd Saiful at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara between 3.10pm and 4.30pm on June 26, 2008. The charge, under Section 377B of the Penal Code, carries a jail term of up to 20 years, and whipping, upon conviction.
The trial resumes tomorrow, with lead prosecutor Tan Sri Muhammad Shafee Abdullah replying to the grounds of appeal submitted by the defence team.
The appeal has attracted international foreign observers, among others, representatives from the International Commission of Jurists and Law Asia, namely Mark Trowell and Elizabeth Evatt. — Bernama