KUALA LUMPUR, Dec 13 — As Datuk Seri Anwar Ibrahim’s sodomy trial draws to a close, prosecutors have confidently declared the PKR de facto leader guilty of sodomising his former aide and that the defence had failed to cast reasonable doubt in the case.
Lead prosecutor Datuk Mohd Yusof Zainal Abiden spent much of his two-and-a-half-hour-long closing submissions today addressing the issues raised by the defence concerning the credibility of the prosecution’s star witness — Mohd Saiful Bukhari Azlan.
Yusof also wasted no time in attacking Anwar for giving a statement from the dock, saying it was nothing more than a “bare denial.”
He also questioned the credibility of foreign expert witnesses brought in by the defence, claiming that their testimonies were specifically aimed at helping the accused (Anwar) prove his innocence.
“It is abundantly clear that the defence has failed to cast any reasonable doubt in the prosecution case.
“The offence of carnal intercourse against the order of nature committed by the accused has been proven beyond reasonable doubt. The accused is to be convicted for an offence punishable under Section 377B of the Penal Code,” said Yusof.
The Solicitor-General II said Anwar has never denied meeting Saiful on June 26, 2008 (the day of the alleged sodomy) at Desa Damansara.
He also focused on the testimony made by spinal surgeon Dr Thomas Hoogland concerning Anwar’s back condition, saying that the Opposition leader never mentioned during his statement from the dock that he was “labouring under such intense pain” that he could not have sodomised Saiful.
Yusof charged that Dr Hoogland’s evidence was at best “corroborative”, and that he did not even examine Anwar in 2008, as opposed to Hospital Kuala Lumpur’s Dr S. Jeyaindran, who examined Anwar three weeks after the alleged sodomy took place.
“According to Datuk Dr Jeyaindran, the accused also informed him that he (the accused) had coitus with his wife in early July 2008 which was barely one week after the incident.
“The evidence of DW7 (Dr Hoogland) that the accused was very unlikely to perform the act as described by the complainant was pure conjecture and contrary to the established facts as shown in the CCTV footage and the evidence of Datuk Dr Jeyaindran who examined the accused in July 2008,” added Yusof.
He also refuted defence witness Professor Dr David Wells’ argument on spermatozoa being found on anal/rectal swabs after anal intercourse, saying research has proven that samples could be taken “up to three days after anal intercourse. Even when defecation has occurred.”
Yusof also noted that the DNA profile of “Male Y” found in samples taken from Saiful’s anus matched the DNA profile taken from personal effects used “solely” by Anwar during his overnight stay in lock-up on July 16, 2008.
The trial resumes on December 15 where the defence will reply the prosecution’s submissions.
