Jam 1307: how did CoA come to astonishing finding Saiful was an "unusually convincing" witness when High Court did not make finding? Ramkarpal ends submissions. Sangeet to continue after lunch at 2:15 pm.
Jam 1255: Suhakam had found IO Judy's evidence to be totally unsatisfactory in an inquiry, suffering from bouts of loss of memory. The Suhakam inquiry which found IO Jude to be unreliable was chaired by Shafee!
@@@ Itu untuk kes lain, Yob!!!! Mana boleh satu untuk semua???
12.55pm: Ram says there is reason to doubt or disbelief DSP Jude's testimony as he had been found to be a "liar" in different proceedings.
Secondly, he says, the samples are off different character and thirdly Jude cut open the big plastic bag P27.
"How then do we explain these samples are clearly different. He was the custodian of criminal samples to this case.
"Anwar is entitled to a fair investigation and this has not been done," he adds.
Ram now cites Dr Thomas Hoogland's evidence where there is evidence to say Anwar cannot perform the sexual act as claimed by Saiful.
Anwar had a back surgery in 2004, after his acquittal with regard to his charge.
Ram says Hoogland's evidence carries great weight.
In conclusion, the defence counsel says this case is “riddled with doubt”.
"It is not a coincidence for Saiful to meet (Prime Minister) Najib (Abdul Razak), and in contrasting with the Tandoor case the suspect politician did not meet the prime minister of India."
***************
Sejak bila Suhakam terlibat dengan kes perundangan mahkamah?
Jam 1246: On tampering, IO could have told Dr how to label coz he was there when swabs were taken & labelled.
There was no need for IO to relabel. he was lying, suspicious especially of a witness found to be unreliable in Suhakam inquiry. Ramkarpal reading excerpts of Mr Karpal's cross examination of IO regarding how Suhakam found him to be unreliable witness.
Jam 1233: Cuba pertahan Dr Brain MacDonald
Ramkarpal defending Anwar's DNA expert, had giving evidence in more than 100 cases in Aust, Msia, Spore & Brunei.
Ramkarpal reading out the expert's CV - his work, achievement, writing, fellowship, setting up labs to do DNA analysis - 3 decades' worth.
12.31pm: Now Ram tries to defend forensic expert Dr Brian McDonald's reputation following the Court of Appeal describing him as an "armchair expert".
Shafee had also noted earlier that McDonald's testimony was not even accepted in his own country Australia.
12.35pm: Ram questions (chemist) Seah's qualification. In her testimony, she said she has done DNA testing since 1994, but her PHD in criminal testing was only obtained in 2000.
He says the evidence of the government chemists ought not to have been called at the High Court.
He then talks about tampering and the break in chain of evidence.
Ram says there was no reason for DSP Jude to open the big plastic bag containing the HKL samples.
"He was there when the physical examination was done on Saiful and if he wants to make sure they are labelled properly, then he should have asked the HKL doctor, Dr Siew Sheue Feng, to label it with B1 and B2 and so on.
"He should not have opened the plastic bag as this created doubt," he adds.
Ram further reads Jude's testimony during the Suhakam hearing on the arrest of five lawyers where Shafee, who was then chairing the panel, found the police officer not to be a credible witness.
He then reads Jude's testimony in court when cross-examined by the late Karpal Singh (Anwar's former lead counsel) and pointed out that the apex court should be careful in accepting the police officer's evidence.
Jam 1215: Ram Karpal guna hujah orang salah pilih sampel
1213 Ramkarpal & judges discussing the labelling by Dr & relabelling by IO as to whether chemist would know where the swabs were taken.
4 Drs said no penetration. Saiful was not sodomised.
Jabatan Kimia's guidelines were not followed & it is all the more crucial in technical matters like DNA analysis. Even prosecution did not say that guidelines were followed but argued that guidelines need not be followed, only guidelines. Setting bad precedent if Jab Kimia's own guidelines need not be followed. People would be hanged, jailed based on bad reports.
12.12pm: Ram notes that what the HKL doctors had labelled on the sample is different.
This is because DSP Jude had relabelled them when he cut open the big plastic bag containing the HKL samples at his office.
Justice Abdull Hamid asks based on (chemist) Seah's analysis and what the HKL doctors testified that there could be penetration, could it have been heresay evidence.
Ram agrees.
This reinforces what we say that they cannot be the same samples, as Saiful was not sodomised, adds the lawyer.
12.20pm: Ram warns that chemist guidelines should be followed and a copy should be made available to the defence.
The effect of not giving the guidelines will result in people being convicted of murder or other crimes just because the department does not want to give the guidelines or they (chemists) do not follow them, he adds.
Jam 1215: Ram Karpal buat2 tak faham hujah
1213: Shafee is not a Dr - he cant give evidence from the bar that Saiful was suffering from Stockholm Syndrome.
Ramkarpal - Dr's pro forma form said coitus lasted 30 mins - not that whole incident, shower etc lasted 30 mins as submitted by Shafee.
Jam 1200 Dengan harapan ujian DNA tak diterima, Ram Karpal cuba nak persoal samada ada penetrasi pula. Kalau DNA ada, takyah kot hujah penetrasi ni ... Sg BUloh saja!
1201: Ramkarpal - there was no proof of penetration & thus no offence. Semen in anus is a red herring. Samples contaminated, analysis flawed.
Ramkarpal - all Drs found Saiful's anus as normal, no penetration. Doubt as to whether KY jelly was even used.
12 noon: Now, Ram submits on the issue of penetration.
He says there is no medical evidence to suggest previous encounters.
He (Shafee) was just giving a statement from the bar, says the defence lawyer.
"Previous encounter should not be taken into consideration that penetration did take place," he adds.
What is important, he says, is that four doctors (one from Pusrawi) and three from HKL said there was no penetration.
Shafee had pointed to Saiful's testimony that Anwar ejaculated inside his anus "as always".
12.07pm: Hence, Ram says there is the question whether actual penetration took place.
No comments:
Post a Comment