The lead defence counsel in Datuk Seri Anwar Ibrahim’s Sodomy II trial today suggested that multiple DNA profiles found in Mohd Saiful Bukhari Azlan’s anus made him a “passive homosexual.”
During the cross-examination of government scientist Dr Seah Lay Hong, the veteran lawyer asked whether the evidence of DNA profiles found in Saiful’s anus would lead to that conclusion.
“I’m putting it to you that it is a logical conclusion, multiple DNA profiles in his anus makes him a passive homosexual,” said Karpal.
Dr Seah, in turn said that she was not in the position to comment on the matter.
Karpal then asked Dr Seah to comment on the proforma report on Saiful, where it was stated that Saiful had complained of “attempted” sodomy.
“If it was attempted sodomy, how could DNA be found in Saiful’s anus?” asked Karpal.
This bought lead prosecutor Datuk Mohd Yusof Zainal Abiden to object, saying that Dr Seah had nothing to do with the proforma report, and that therefore she need not answer.
In response, Karpal said that all he did was refer Dr Seah to a document (proforma report) which was already an exhibit.
Despite the prosecution's objection, Judge Datuk Mohd Zabidin Mohd Diah allowed Karpal to proceed with the question.
Dr Seah said that it would not be possible for DNA profiles to be found in Saiful's anus if it was attempted sodomy.
"No, it would not be possible," said the forensic scientist.
The trial will continue in the afternoon with the prosecution's reexamination of Dr Seah.
Saiful had complained that Anwar, his ex-boss, had sodomised him at a luxury condominium in upper-class Bukit Damansara here on June 26, 2008.
Saiful, now aged 25, has never named anyone else.
Anwar, the 63-year-old PKR de facto leader, is currently facing sodomy charges for the second time in his life.
He has denied the charge, describing it as “evil, frivolous lies by those in power” when the charge was read out to him.
He is charged under section 377B of the Penal Code and can be sentenced to a maximum of 20 years’ jail and whipping upon conviction. The trial is taking place 18 months after Anwar was charged in court in August 2008.
He was charged with sodomy and corruption in 1998 after he was sacked from the Cabinet and was later convicted and jailed for both offences.
He was freed in September 2004 and later resurrected his political career by winning back his Permatang Pauh parliamentary seat in a by-election in 2008, which had been held in the interim by his wife.
He led the opposition coalition, Pakatan Rakyat, to a historic sweep of five states and 82 parliamentary seats in Election 2008.