DNA profile not Anwar’s: defence

PUTRAJAYA, Oct 29 (Bernama) -- The DNA profile of a person identified as 'Male Y' found in the rectum of Mohd Saiful Bukhari Azlan did not belong to Opposition Leader Datuk Seri Anwar Ibrahim, the Federal Court heard today.

Submitting before a five-man bench led by Chief Justice of Malaysia Tun Arifin Zakaria, lawyer Sangeet Kaur Deo said there was no evidence at all to link 'Male Y' to Anwar.

She explained that none of the police officers who were on duty at the lock-up saw Anwar use the three items -- a toothbrush, Good Morning towel and mineral water bottle -- which were given to him by the police when he was detained overnight from July 16 to July 17 in 2008.

Sangeet said one police officer had told the court he only heard a sound as if Anwar, 67, was brushing his teeth.

"He saw Anwar use the cell toilet but he did not see the appellant (Anwar) brush the teeth," she said.

Therefore, she said it was impossible to link the DNA profile of 'Male Y' to Anwar because it could belong to anyone.

Asked by Arifin whether there was another person in the cell, Sangeet replied that Anwar was the sole occupant.

She argued that the prosecution only relied on circumstantial evidence that Anwar had used the items; however, the police officer never saw Anwar use them.

"The circumstantial evidence is usually relied upon when there is no direct evidence. But in this case, we have witnesses who did not see the appellant use the items," she said.

However, Federal Court Judge Tan Sri Abdull Hamid Embong explained that in law, circumstantial evidence could be applied, not necessarily just direct evidence, but it could be both.

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DNA profile not Anwar's: defence