Sodomy II: Items cannot be tendered as evidence, court rules

KUALA LUMPUR: A High Court has allowed Datuk Seri Anwar Ibrahim's application to exclude three items - a toothbrush, a Good Morning towel and a Cactus mineral water bottle - from being tendered as exhibits in his sodomy trial.
High Court judge Justice Mohamad Zabidin Mohd Diah ruled here in a trial-within-a-trial Tuesday that the items could not be used as evidence in court.
"I find that the DNA sample from the items were obtained by unfair means and (therefore they) are excluded from being part of the evidence," he said. The items, along with a strand of hair, were retrieved from Anwar's lock-up following his arrest and detention in July 2008.
The decision effectively means the testimony from chemist Nor Aidora Saedon from the Chemistry Department is inadmissible.
The chemist had previously testified that the DNA profile taken from the white toothbrush, towel and bottle matched the DNA profile of an unknown person known as 'Male Y', whose semen was found inside the anus of complainant Mohd Saiful Bukhari Azlan.
However, Anwar's lawyer objected the inclusion of the items as evidence, on grounds that his arrest and the means by which these items were obtained by the police, were illegal, hence the trial-within-a-trial.
Anwar, 63, has claimed trial to performing carnal intercourse against the order of nature on Mohd Saiful at a condominium unit in Bukit Damansara, Kuala Lumpur, between 3.15pm and 4pm on June 26, 2008.
The trial continues Wednesday.

tunku : i wonder how the court that has been labelled as a kangaroo court by anwar can favour him this time.every time they accuses the law system in malaysia but when it favours them, they will shut their mouth.well if the court has decided those items cannot be tendered as evidence then everyone has to accept it.now we hope that the moron anwar will give his dna sample so the court can decide whether the male "Y" is him or not. it's a clear and simple but the question now is will anwar give his dna sample? the court must order him to do so.