Jam 1125: Mahkamah berehat
LFL: Shafee explaining how samples from Saiful were taken to minimise risk of contamination.
Shafee explaining why there is penetration despite no signs - sperm in Saiful's anus, use of KY jelly & no struggle.
sperm in Saiful's anus is conclusive proof there was penetration
Jam 1040: LFL: Shafee - unfair to say entire football team have been to Saiful s anus just because of presence of unidentified 3rd party DNA.
Shafee - 3rd party DNA in Saiful's rectum could also be explained by the fact that he sat on the toilet seat.
Mkini;
10.40am: Shafee says Male Y is Anwar.
The peri-anal area of Saiful was obtained, where Male Y and another male contributor were found. Shafee says he will explain about the other male contributor later.
Shafee says chemist Noraidora Saedon testified that the DNA swab from the toothbrush corroborated with that of Male Y.
Justice Arifin asks whether the unidentified male was only found in the peri-anal swab and Shafee replies in the affirmative.
He says the allele 18 was only in sperm extract in low rectal b9.
"What the chemist says appears in one locus (18 allele) and we ignored it," he adds.
10.55am: Shafee says Anwar and Saiful’s DNA were found on the latter's grey underwear.
The prosecutor says in the peri-anal swab from Saiful, Anwar and Saiful's DNA were present from "top to bottom".
He adds that Anwar’s DNA was also found on the high rectal non-sperm extract.
"It is on every locus," he said.
Shafee explains the third person could have been as a result of Saiful sitting on a toilet seat.
11am: Shafee says there is no third person according to (chemist) Seah as it (the 18 allele) is considered a dropping.
It appeared only once, he adds.
The judges take turns to ask about the conflicting DNA evidence.
"If you can read it, it is not degraded. You either can read or can't. This is an important point to remember," says Shafee.
11.10am: Shafee appears to sidestep when Justice Arifin asks how the 18 allele could be there.
He moves to another topic regarding the three HKL doctors’s testimony that they followed the required guideline.
"They used a proctoscope and the possibility of contamination is less as all equipment were sterilised.
"The doctors could not say there was penetration. After they looked at the samples four centimetres into Saiful's anal they found there is penetration."
Justice Arifin asks whether Saiful's testimony of other incidents could be considered pre-judicial.
However, Shafee says the truth is relevant citing the Harun Idris case.
Jam 1010 - 1026: LFL: No prejudice for judge to look at subsequent evidence in main trial to reverse the finding in trial within a trial. Illegally obtained evidence is admissible if it was relevant.
Mkini
10am: Shafee argues now on the admissibility of the evidence.
He says the late Karpal Singh had questioned Jude extensively during the initial trial.
He says there is no need for a 'trial within trial' to be held to admit the three pieces of evidence.
Shafee says while defence has countered that the evidence must be admitted in a trial within trial, he points out that it could also be admitted during the main trial.
"In the main trial, the counsel is required to question all, and Karpal did cross-examine Jude (again).
"There is no prejudice for the judge to admit the evidence," Shafee says
He adds that the judge at the time had ruled on the production of the original warrant of arrest, and had allowed the tendering of those items as evidence.
10.13am: The prosecutor further submits case laws where entrapment evidence could be allowed in court.
"The court has no discretion to exclude it,' he submits.
The defence had earlier submitted that the evidence from the cell was done through trickery and deception.
10.25am: Shafee says even if court admits the items were illegally obtained, it could still be accepted by the court as evidence.
He adds that the evidence from the lockup were those used by Anwar, as the police witnesses had testified.
Reading the lockup report, Shafee says the cell was clear and clean before Anwar arrived.
"If Anwar was brushing his teeth, Anwar could use the tap inside (the cell)" he adds, countering the defence claim that it was not possible.
10.35am: These exhibits from the cell, he says, are admissible in fact and also in law.
Anwar, he adds, had refused to give his sample at Kuala Lumpur Hospital (HKL) even though there is evidence that a cotton bud had been inserted in his (Anwar's) anal region there.
"However, this cotton bud was not used as Anwar refused to give his sample though it could comprise of powerful evidence."
Now, Shafee moves on to Saiful's underwear, another piece of evidence admitted earlier.
Jam 1001: Adalah 20 orang yang baca yaasin. Nampaknya semua sekali ada dalam 35 orang yang kumpul depan POJ????
Wang sudah elek ka????
9.50am: Shafee moves on to the circumstances of Anwar's arrest.
The defence, the prosecutor says, is akin to asking if "the cow is jumping over the moon".
Shafee says Anwar would be the last person not to know what the offence under Section 377 is.
"The offence is a serious and seizable offence? It is carnal intercourse outside the order of nature and there is no need for a warrant of arrest."
"This is a valid arrest, and he was informed of the grounds at the police station. There is no infringement of his constitutional right."
Justice Suriyadi points out that the warrant of arrest states a different numbered condominium unit address and Shafee admits it was an error.
What is important, says Shafee, is that the complainant (Mohd Saiful Bukhari Azlan) was named.
Shafee argues it is not necessary for the grounds of arrest to remain the same, as it is up to the prosecutor.
Jam 0945:
LFL: Grounds of arrest were communicated to Anwar & his lawyer S.Nair at time of arrest.
Mkini:
9.45am: Shafee says the police testimony was neutral and there is clear fact that Anwar brought the bottle of mineral water and consumed it while in the lockup.
He adds that the evidence should not be considered illegally obtained evidence.
"Anwar was arrested when his car was stopped (when heading to his Bukit Segambut home). However, what is not in dispute was that the warrant of arrest was shown to Anwar at the IPK Kuala Lumpur."
"Anwar was communicated the grounds of his arrest and shown the charge."
Dari Mkini:
9.25am: Shafee begins his submission. He informs there is a third bundle which he has submitted to the judges.
He is now submitting on the items seized from Anwar's cell on July 17, 2008.
The prosecutor says police had taken a strand of hair, the 'good morning' towel, toothbrush, water bottle to be used as evidence.
Anwar had placed these items on the half wall inside the cell.
Supt Amidon Anan, he says, took extra precaution when retrieving the items and sending it to the chemist via the investigating officer (IO, DSP Jude Blacious Pereira).
9.33am: Shafee says while the defence had earlier raised the manner in which the recovery of the items had been made, he pointed out this was not raised during the Court of Appeal hearings.
He says the police were not cross-examined on the issue.
The prosecutor says a police officer had heard Anwar brushing his teeth, and this was not challenged by the defence team at the time.
"All this are not challenged. When Anwar left the lockup these items, which were previously in a plastic bag were all over the floor.
"This shows usage of these items by the appellant (Anwar)."
Last week the defence argued that there was no sink in Anwar's cell and therefore he could not have brushed his teeth.
The seized items were used to procure Anwar's DNA.
9.38am: Shafee concludes there would have been no opportunity for fabrication of evidence.
He now reads the testimony where the police witnes (the officer on duty manning the cell) testify that he saw Anwar bring the mineral water bottle into the cell.
The police, he adds, allowed Anwar to bring the bottle.
Jude, the prosecutor says, also testified that when escorting Anwar to the lockup he saw Anwar bring a mineral water bottle.
"Jude says Anwar carried the 'Cactus' mineral water bottle. The item recovered from the cell (the next day) was also a Cactus mineral water bottle."
In the face of the evidence from the two police officers, Shafee says those items should be accepted as evidence.
"They were simply stating what they saw. There is no conspiracy," he adds.
The mineral water bottle, toothbrush and towel were tested for Anwar's DNA.
Jam 0920: Dari LIB Twitter:
Shafee submitting on chain of evidence - search of lockup where Anwar stayed overnight - toothbrush, Good Morning towel, water bottle.
Items were bundled, sent to IO to be forwarded to the chemist. sentries on duty were not cross examined during trial & it is too late bring up the matter now.
It is circumstantial evidence ie inference that Anwar had used the items in the lockup.
Maknanya Sangeet tak boleh buat andaian barang2 tak diguna di lokap pasal pembelaan tak buktikan dengan panggil pengawal lokap!
Jam 0900: Abdullah Sani bakal dahului Yaasin. Hmmm ... ini orang yang halau bini dan kepala union yang auta pasal nak bela pegawai-pegawai kontrak PKNS. Apa cerita?
Jam 0805-0830 : Sekitar POJ agak lengang dengan wartawan, peguam dan pemerhati kedutaan mengambil diri.
Anwar sampai pukul 0830.
Ketika Saiful sampai ramai penyokong melaungkan hukum peliwat
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