1210pm: Shafee says Jude has nothing to gain from tampering the samples.
The prosecutor says Jude had been up front on the matter and the IO admitted to switching on the air conditioning where he had kept the samples for 24 hours to keep them cool.
Justice Arifin says court will reconvene on Monday.
Monday's session will last only half a day as justice Arifin has another engagement, therefore the proceedings may possibly continue on Tuesday.
Jam 1210: Satu fitnah jahat dan ketidak adilan untuk menuduh IO Jude Pereira
Shafee -allegation against IO is a serious travesty of justice. Many things were not put to him during trial. He was professional /bona fide. IO had been truthful. Did not hide fact that samples were not frozen. but mitigated by turning on the air cond in his office.
Malaysiakini pula:
11.45am: Also in the public gallery is national laureate A Samad Said along with former Penang Deputy Chief Minister Mansor Othman.
Shafee says the measures taken by HKL doctor Dr Siew Sheue Feng by signing on the envelope of the specimen and having Saiful sign it as well, was sufficient measures taken to avoid tampering.
He says that the samples are further sealed by the police seal.
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| Allah balaskan dosa pemfitnah, Insya Allah |
He is citing further case laws of why the samples should be accepted.
The government prosecutor asks where one would get samples of Anwar's spermatozoa to tamper the evidence with.
"If one is to suggest (the DNA) could be planted from sample taken in Anwar's cell, it cannot be done as it occurred in a different time space," he says.
Saiful's sample was sent on June 30 while Anwar's sample was retrieved and sent to the chemist on July 17.
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| Dr Seah Lay Hong (kanan) |
Safee - Chemist received the receptacles with the seals still intact. Essentially what defence is saying that someone planted Anwar's sperm in Saiful's anus.
11.20am: Shafee reads a portion of the IGSO that states each sample should be separately packed and each sample must be accompanied by a Police 31 form.
"What the investigating officer (IO) did was cut the plastic, put the samples individually in an envelope and place it in the bag.
"This P27 has been made an issue and this resulted in the acquittal," he contends.
Shafee reiterates the IO did not meddle in the samples but merely placed them each into separate samples.
"The intimate samples were sent to Seah on June 30, while the second sample (Anwar's) was sent on July 17 and given to another chemist (Noraidora Saedon).
"Where can the IO get the semen sample in between (ie. June 30 and July 17) to tamper with the (first sample)?" he asks.
11.35am: Shafee submits that Jude only mark the intimate samples and that the police officer was following the IGSO.
"In short, when Seah received the samples she was asked were the HKL seals were intact on the samples, and she says it was intact."
Jam 1134: Senang saja Shafee smash isu Dr Osman
Shafee - if this was conspiracy how could Saiful had landed with Dr Osman of Pusrawi Hospital?
Banyak mereka reka pembohongan tentang Dr Osman Pusrawi.
Jam 11:43:
Dari Malaysiakini:
11.05am: PKR president Dr Wan Azizah's father Wan Ismail Wan Mahmood is in court along with granddaughter Lembah Pantai MP Nurul Izzah Anwar.
Court is getting ready to resume.
10.50am: Amid pouring rain, about 200 Anwar Ibrahim supporters were allowed to take shelter in the makeshift camp in front of the Palace of Justice.
Food and drinks were provided by PKR officials while about 50 police officer stand watch.
Jam 1112: IO Tak cemarkan hanya buat marking saja.
Shafee showing the court the plastic receptable exhibit that was allegedly tampered by the IO. Argued IO did not mean to hide tampering of plastic bag as he openly cut open the bag. IO had to cut open bag bacause he had to mark the plastic receptacles contained in it - otherwise would not know the items.
Shafee now reading IGSO on handling of barang kes, how they are to be marked & packed individually etc. This point surprisingly became the reason for acquittal by the high court although it was reversed by the CoA.
Dari Mkini:
11.15am: Prosecutor Shafee continues his submission where he shows the P27 transparent plastic bag.
He says the IO (investigation officer) cut the plastic and had left it dangling to show there is no untoward intention.
He reads out the swabs that were taken from Saiful at the Hospital Kuala Lumpur.
"The plastic receptacle is sealed. Dr Siew Sheue Feng testified he sealed it and he signed on it and asked Saiful to sign it. It is tamper proof."
"The defence witness says all this is tamper proof, but not the big plastic (P27). IGSO states each sample must be separated and wrapped," he adds.
IGSO is the Inspector General Standing Orders.
Jam 1045: Shafee - now reading excerpts of judgment about alleged tampering of the receptacles. the receptacles were not tamper proof.
High court judge made a mistake on tampering when there was no tampering. judge wrong to acquit as he could still convict even though there was no corroboration.
Dari Malaysiakini
10.41am: Prosecutor Shafee now goes on to the P27 plastic bag which contains all the specimen retrieved from Saiful.
It was not heat sealed, the prosecutor stresses.
"The judge made a mistake about tampering when the outer seal is broken and the inside seal remains intact, with regards to the trial judge's decision to acquit Anwar," he argues.
Jam 1037: Dari Malaysiakini
10.37am: On the K-Y jelly not found on the carpet as raised by the defence, Shafee says Saiful's testimony indicated that it may have fallen on the carpet or on the towel they were on during the sexual act.
He also points out that the carpet was not recovered from the condominium unit where Anwar and Saiful did it.
"Ironically the carpet was found at another unit," says Shafee.
10.47am: Justice Arifin asks for short break. Court stands down.
Dari Malaysiakini
10.25am: Shafee says Saiful demonstrated (the physical act) at the scene when the trial judge visited the condominium.
He further relates the sodomy incident, detailing how Saiful was asked to hold Anwar's penis and put it into his anus where he had apply some lubricant.
"Anwar was very rough and he sprayed his (air mani) semen into me," says the prosecutor, quoting Saiful.
10.28am: Shafee says Saiful complained of pain in his anus and stomach.
Although Karpal put to Saiful that the incident did not happened, the prosecution star witness maintained it did.
10.33am: Shafee argues that Anwar is not an ordinary appellant as he is charismatic and capable of influencing a young boy.
He says that after the sexual act, Anwar advises Saiful to also not to ignore his prayers.
"This shows they were cordial and this shows the ring of truth. Saiful admitted he was afraid of Anwar," he says, adding that the conversation happened when they were having coffee and curry puffs.
Jam 1021: Shafee now reading in detail the alleged sexual act as narrated by Saiful. Saiful could have easily denied certain things but no - he is a truthful witness. Saiful could not have make up testimony that Anwar advised him on sin etc after alleged sexual act. There is a ring of truth to it.
Saiful did not say KY jelly tumpah on carpet - but on carpet atau tuala. Tuala was not recovered.
High court judgment mainly supported prosecution except the ending like an Agatha Christie novel where it sprung a surprise.
Jam 1013: Shafee then read excerpts of high court judgment which narrated the alleged sexual act between Saiful & Anwar.
Anwar exercised dominance over Saiful.
Shafee reading excerpts of cross examination vs Saiful having coffee, curry puff etc after alleged incident, tt he had opportunity to escape
The pro forma form was read wrongly ie 30 mins referred to whole incident & not the act of sodomy.
Shafee now reading in detail the alleged sexual act as narrated by Saiful.
Saiful never consented in spirit & soul.
Dari Malaysiakini
10.10pm: Shafee spells out Saiful's duty as Anwar's aide.
"Saiful (left) goes everywhere to the accused, Singapore and Hong Kong and was given an allowance, where he followed the accused," he says.All this, Shafee says, despite Saiful being a university dropout.
"Anwar also gives him a Brioni suit, which I do not have. Why should Anwar maintain such a relationship (with Saiful)," he asks.
10.15am: Shafee says after trying to arrange the day's schedule, Anwar asked Saiful, "Can I f**k you today?"
This showed their intimate relationship, argues the prosecutor.
"Saiful was reluctant and Anwar got angry and they went to the master bedroom and it was there where they did it," he says.
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Tak hina ke rasa bila Anwar sibuk "Can I fuck you today?" Apa kata bini bila bahasa begitu diguna? Tak ke rasa takde maruah????
Saiful suddenly resigned after only working for a few months, was treated well, despite hero worshipping him.
Jam 0950: Anwar also unreasonably attacked the Drs, chemist & the judge himself as being part of a political conspiracy to jail him.
Ddespite attacks against Saiful - judge had held him to be a credible witness
Anwar after hammering the judge - the judge acquitted him. Would that mean that he is no longer part of the conspiracy to jail him?
Jam 0945: Unreasonable for Anwar to say police investigating his alibi was harassment as that is the same procedure in all of Commonwealth.
Anwar alleged IO planted evidence including his sperm - where would the IO obtain the sperm that was reasonably fresh?
Anwar also unreasonably attacked the police for tampering with evidence, bag was not tamper proof but can be opened & resealed.
Jam 0915: Anwar s defence is mainly of political conspiracy. will examine his stmt from the dock.
Shafee reading out excerpts of Anwar s stmt from the dock - that it involves Najib, AG till the IO, same as previously concocted by Dr M.
Shafee further read out Anwar s stmt from the dock that Umno & mainstream press were part of the conspiracy.
What Anwar said in stmt from the dock against the judiciary amounted to contempt of court.
Anwar creating story on why he did not take the stand as a witness & be subjected to cross examination.
Shafee - unreasonable for Anwar to say police investigating his alibi was harassment as that is the same procedure in all of Commonwealth.
Shafee - Anwar alleged IO planted evidence including his sperm - where would the IO obtain the sperm that was reasonably fresh?
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