The defence must explain how semen stains belonging to Datuk Seri
Anwar Ibrahim ended up on a pair of underwear belonging to complainant Mohd
Saiful Bukhari Azlan, the prosecution said in the Anwar's appeal at the Federal
Court today.
Lead
prosecutor Tan Sri Muhammad Shafee Abdullah said it was for the defence to
prove how Anwar's semen stained the underwear.
When making
submissions last week, the defence said that it was for the prosecution to
supply the burden of proof and only for the defence to show reasonable doubt.
The defence
submitted that the stained underwear was only worn by Saiful two days after the
alleged sodomy, and that the pair worn on the day of the supposed crime, June
26, 2008, had been washed.
The defence
argued that Anwar's DNA was planted. Shafee said the first doctor to examine
Saiful after the alleged sodomy could have introduced stains to the underwear
during the medical examination.
It could have
been the result of the proctoscope inserted into Saiful for inspection, and
when it was pulled out, "what discharge came out is anyone's guess. It
could not have been a tidy affair," Shafee submitted.
The
prosecution is seeking to convince the apex court that Anwar is "Male
Y" – the profile of a male DNA found in Saiful's rectum. While the match
has been ascertained, the defence contends that the samples were fabricated,
tampered and degraded due to mishandling as well as political conspiracy.
The defence
is also arguing that it is up to the prosecution to explain how Anwar's semen
got to Saiful's underwear which was not used the day of the alleged act.
Lead counsel
Datuk Seri Gopal Sri Ram had put the same question to the court during his
submission last week. "Where did the semen come from," he had asked.
Co-counsel
Ramkarpal Singh had also submitted last week that the prosecution was
"completely" reversing the burden of proof from the prosecution to
the defence – something he said had "never been the law". – November
4, 2014.
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