Anwar Sodomy Trial: Access to files, not DNA

2009/07/17

Irdiani Mohd Salleh

KUALA LUMPUR: The High Court yesterday granted Datuk Seri Anwar Ibrahim access to key documents in preparation of his defence against the sodomy charge.

Anwar, however, failed to get the High Court to compel the prosecution to release the original DNA samples and swabs taken from his former aide Mohd Saiful Bukhari Azlan and from the condominium unit where the incident allegedly occurred.

Anwar pleaded not guilty after he was charged with committing carnal intercourse against the order of nature on Saiful, 24, at an apartment in Bukit Damansara here on June 26, last year.

In his ruling yesterday, High Court judge Datuk Mohamad Zabidin Mohd Diah said the original DNA samples and swabs had been sealed by the Chemistry Department.

"Any interference on the sealed packages before they are tendered to the court will contaminate the evidence," he said, adding that the defence could apply to inspect the samples after they have been tendered in court.

Zabidin, however, ordered the prosecution to supply Anwar with copies of photographs of slides of each sample.

He also ordered the prosecution to take necessary measures for the defence to inspect the slides under the supervision of the investigating officer and chemist who analysed the samples.

The prosecution must also provide Anwar with a copy of the CCTV recordings taken from the condominium guardhouse and at the lifts at Block 11 from June 25 to June 27 last year.

"If a clear copy cannot be made, the defence counsel are allowed to inspect the original recordings under the supervision of the investigating officer," he said.

Anwar had made an application to the High Court to compel the prosecution team to hand over documents and DNA samples from the sodomy investigations to the defence.

The court also ordered that Anwar be granted access to:

- a copy of the notes made by the chemist who conducted the DNA testing and analysis;

- a list of prosecution witnesses who will testify during trial;

- a copy of all documents which will be tendered during trial;

- the statement of facts favourable to the defence;

- a copy of examination notes made by doctors at Hospital Kuala Lumpur (HKL) who treated and examined Saiful on June 28; and

- copies of photographs, notes and report of the proctoscopy examination conducted on Saiful at the same hospital.

Anwar was also granted access to the report and examination notes conducted on Saiful at Hospital Pusrawi.

"If no report was made, a confirmation by the doctor should be made and it must be given to the defence as a replacement to the medical report," the judge ordered.

On witness statements, Zabidin said there was nothing to suggest that giving the defence a copy of witness statements would prejudice the prosecution's case.

"On the contrary, if the defence is supplied with a copy of the statements, this will allow them to know in advance and to get a clearer picture of the case against the accused.

"This may assist them in preparing their defence more effectively," he said in allowing Anwar's application to get a copy of the statements.

Anwar was seeking to get the statements of Saiful, Dr Osman Abdul Hamid (Pusrawi doctor) and four witnesses.

He said the prosecution must comply with the order within one week and fixed July 24 for mention of Anwar's other application and the main trial.

Anwar's second application, which was filed on June 17, was to strike out the sodomy charge.

Solicitor-General II Datuk Mohamed Yusof Zainal Abiden, who is leading the prosecution team, told the court he would file for a stay of execution and an appeal against the High court ruling by next week.