High Court Had Reasonable Doubts About Condition Of Sperm Samples

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PUTRAJAYA, FEB 10 – Chief Justice Arifin Zakaria, leading the five-man bench, is reading the judgment, starting with the background of the case and the charge against Anwar, according. Justice Arifin says consent is not an ingredient of the offence, recalls how Saiful worked as a volunteer and served as Anwar’s assistant. Justice Arifin recounts the incident, from Saiful arriving at the condominium and how a lubricant was used as well as his anus being penetrated. He notes how Saiful resigned after the incident and was accompanied by his uncle to Hospital Pusrawi.

After disclosing how Saiful was referred to Hospital Kuala Lumpur, where samples were taken, Justice Arifin says the chemist found sperm cells from the higher and lower rectal swabs. He also notes that the doctor’s initial findings showed there were no signs of penetration. Justice Arifin notes how Anwar was detained and brought with him a towel, toothbrush and mineral water bottle. These items were retrieved by the police the following day and the samples were handed over to the Kuala Lumpur police headquarters.

Justice Arifin points out that Anwar gave his statement from the dock where he alleged a conspiracy by Prime Minister Najib Abdul Razak and questioned Saiful’s conduct. The judge is now reading the testimonies of defence witnesses Prof David Wells and Prof Brian Mcdonalds. He says spinal surgeon Dr Thomas Hoogland was of the opinion that Anwar cannot perform such sexual acts because of his back problem.

Justice Arifin says the experts who testified for the defence noted that the samples were in pristine condition, hence the KL High Court was of the opinion that there is reasonable doubt concerning the samples. The judge is now focusing on the issue of Saiful’s credibility.

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