Sodomy 2: Anwar's defining moment to prove to Malaysians that he is innocent is here at last

Sodomy 2: Anwar Ibrahim has since 1998 went up and down this blessed country and around the globe from the US to the UK to Turkey to the Middle East and down under to Australia proclaiming that there is a huge conspiracy by the BN Government to get him. 


However rather unfortunately in this greatest defining moment of his life where he could finally show Malaysians and the whole world that he is innocent of all these so called trump up charges against him, he adamantly refused to give his bodily sample for DNA testing voluntarily to prove once and for all that his DNA is not the sperm DNA of Male Y found in Saiful's lower body.


The trial continues with the Prosecution Argument on why the judge should review his decision to exclude the DNA samples found in Anwar's lock up AND to another to compel Anwar to give his DNA sample for matching with DNA extracted from Male Y sperm:

Prosecution: Judge has no power to exclude evidence from Sodomy II

KUALA LUMPUR, March 14 — The High Court has no power to exclude evidence from Datuk Seri Anwar Ibrahim’s sodomy trial just because it was obtained through “unfair means”, prosecutors argued today.

Solicitor-General II Datuk Mohd Yusof Zainal Abiden claimed that judge Datuk Mohd Zabidin Mohd Diah should not be concerned with how evidence samples in the trial were obtained “as long as it is relevant, it is admissible.”

“Judge has no discretion to exclude evidence even if obtained illegally. Your lordship cannot exclude it just because it was obtained via unfair means, except in cases of confession.

“Court should not be concerned with how it is obtained, as long as it is relevant, it is admissible,” he said.

Anwar’s defence lawyers recently won a ruling in which all evidence retrieved from the lock-up during the period — a towel, toothbrush and mineral water bottle as well all DNA samples relating to the items — was expunged.

The prosecution has however asked the court to review that ruling, resulting in two submissions by Yusof today — one demanding a review of the ruling, and another urging the court to compel Anwar to provide his DNA samples for reference to those found in complainant Mohd Saiful Bukhari Azlan’s anus.

Yusof said that while Mohd Zabidin could not ask Anwar to surrender his DNA samples, the judge could order someone else to obtain them from him.

What was relevant, according to Yusof, was whether the DNA obtained from Saiful’s anus could be matched to the accused (Anwar).

“The chief function of a judge is to see that justice is done between parties, and a too rigid adherence to set rules may sometimes embarrass the judge in the performance of his duties and defeat the ends of justice,” said Yusof.

The lead prosecutor insisted that Anwar’s arrest on July 15, 2008 was legal, saying that he was informed of the grounds of arrest.

Yusof also produced the arrest warrant in court which went missing during the trial-within-a-trial.

“The warrant of arrest was served and acknowledged by Anwar.

“In the trial-within-a-trial, Anwar did not deny or challenge that he was informed by the IO (DSP Jude Pereira). Neither did he deny it was served to him,” argued Yusof who stressed that the three exhibits should be tendered in as evidence.

The defence team will be presenting its submission-in-reply tomorrow morning.

Read the full article here.