'Male Y' DNA in Mohd Saiful's rectum Anwar's, rules Federal Court

PUTRAJAYA, Feb 10 (Bernama) -- The DNA profile of a "Male Y" found in complainant Mohd Saiful Bukhari Azlan's rectum belonged to Opposition Leader Datuk Seri Anwar Ibrahim, the Federal Court ruled today.

Chief Justice Tun Arifin Zakaria said the evidence of two chemists, Dr Seah Lay Hong and Nor Aidora Saedon, that the DNA profile of Male Y developed from the seminal extract from Mohd Saiful's rectum matched the profile developed from a tooth brush, a Good Morning towel and a mineral water bottle collected from the lock-up occupied by Anwar.

The Federal Court had dismissed Anwar's appeal against a Court of Appeal decision that overturned a High Court judgement and convicted him and sentenced him to five years jail for having sodomised his former aide Mohd Saiful on June 26, 2008.

Justice Arifin said that considering the other evidence, there was no dispute that the samples which Nor Aidora had examined had come from the items that were used solely by Anwar.

"It is thus indisputable that the profile of Male Y developed and analysed by both the chemists belongs to none other than the appellant," he said.

Justice Arifin pointed out that it was indeed a very high probability based on the DNA of the Malaysian population database that the Male Y DNA belongs to the same person.

Hence, the court held that the DNA evidence of Male Y was the corroborative evidence to the element of penile penetration by Anwar.

The court also held that the evidence by the two chemists fell under expert opinion and the panel had no doubt that they were experts and that Anwar had failed to discredit the duo.

"There was nothing inherently incredible about the evidence of PW5 (prosecution witness five Dr Seah) and PW6 (Nor Aidora)," he said.

The panel also found that the recovery of the exhibits used by Anwar while he was in the lock-up was not transgression of any rule, nor was it an infringement of Anwar's constitutional right to a fair trial.

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'Male Y' DNA in Mohd Saiful's rectum Anwar's, rules Federal Court