Anwar should undergo DNA test to prove himself: prosecution

PUTRAJAYA, Nov 4 (Bernama) -- PKR adviser Datuk Seri Anwar Ibrahim should have undergone a DNA test to prove that the unknown profile of 'Male Y' found on Mohd Saiful Bukhari Azlan's rectum was not his, the Federal Court heard today.

Lead prosecutor Tan Sri Muhammad Shafee Abdullah said the defence never explained why Anwar's semen samples were found on Mohd Saiful's rectum.

"He should be ready to do his own DNA test if the semen is not his. He can do it quietly in Australia or Europe," he submitted before a five-man bench chaired by Chief Justice Tun Arifin Zakaria, which is hearing Anwar's final appeal against a sodomy conviction and five-year jail sentence.

He said Anwar could have tendered the results of his DNA test at the High Court stage as an additional defence evidence.

The Court of Appeal had found Anwar, 67, guilty of having sodomised his former aide, Mohd Saiful Bukhari, 27, at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara, between 3.10pm and 4.30pm on June 26, 2008.

Anwar was charged under Section 377B of the Penal Code, which carries a jail sentence of up to 20 years and whipping, upon conviction.

The appeal hearing, which was initially set for two days from Oct 28, has been extended as both sides submitted lengthy submissions.

The defence is seeking to free the opposition leader from a sodomy conviction while the prosecution wants the court to dismiss Anwar's appeal to overturn his conviction and jail term.

The other four judges on the Federal Court panel are Court of Appeal president Tan Sri Md Raus Sharif and Federal Court judges Tan Sri Abdull Hamid Embong, Tan Sri Suriyadi Halim Omar and Datuk Ramly Ali. Submitting on Anwar's claim that his sodomy charge was a conspiracy, Muhammad Shafee argued that it was a mere allegation as it was illogical and unbelievable.

On the high rectal swab taken from Mohd Saiful Bukhari's intimate parts which showed the presence of Anwar's DNA, Muhammad Shafee said, "What is the appellant's DNA doing there at 4cm (in the complainant's rectum), and it should be answered by the appellant."

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Anwar should undergo DNA test to prove himself: prosecution