The court of Appeal was told today that Datuk Seri Anwar Ibrahim should have been acquitted of sodomy without his defence being called as the case investigating officer failed to follow the directive of a Kuala Lumpur hospital forensic pathologist in the handling of DNA samples retrieved from Mr. Mohd Saiful Bukhari Azlan. The appellate court was hearing Putrajaya’s appeal against Anwar’s acquittal on a charge of sodomising Saiful, his former aide, at a condominium unit in 2008.
Defence Lawyer Karpal Singh said that Dr Siew Shue Feng had clearly instructed the Superintendent Judy Blacious Pereira to store the 12 samples in a freezer before he passes them over to the chemist. “The integrity of the samples was compromised as Pereira kept them in a filing cabinet in his office, instead of a freezer,” he said. Dr Siew had handed over the DNA samples, including the rectal swabs, collected from Saiful for DNA tests.
However the lead prosecuter, Shafee Abdullah argued that the DNA samples were not compromised. He informed that the investigating officer Jude Pereira just opened the plastic bag without tampering with the bottles which remained sealed. Abdullah stated that “It’s simple, the evaluation of the exhibits being tampered was wrong, it’s only the plastic bag that’s broken, the bottles are sealed and intact, yes, all intact.” The defence lawyer in return replied that “Jude Pereira was under order to make sure it’s in the freezer. He did not comply with that, that itself, the integrity of samples have been compromised.”
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