Wednesday, 23 March 2011

What next- Kugan's death Legal bcos "arrest was Lawful"?

Anwar arrives at the High Court in Kuala Lumpur for his sodomy trial, March 23, 2011. — Picture by Choo Choy May
KUALA LUMPUR, Mar 23 — Ruling Datuk Seri Anwar Ibrahim’s 2008 arrest for sodomy to be legal, the High Court here today reversed its earlier decision to exclude evidence obtained following the opposition leader’s detention then.

Judge Datuk Mohd Zabidin Mohd Diah made the decision this morning.

Anwar’s defence lawyers recently won a ruling in which all evidence retrieved from the lock-up during the period — a towel, toothbrush and mineral water bottle as well all DNA samples relating to the items — was expunged.

The prosecution, however, asked the court to review that ruling, resulting in two submissions by the prosecution — one demanding a review of the ruling, and another urging the court to compel Anwar to provide his DNA samples for reference to those found in complainant Mohd Saiful Bukhari Azlan’s anus.

Today, Mohd Zabidin said the presentation of the warrant of arrest by the prosecution proved that Anwar’s arrest was within legal jurisdiction.

“Now, in light of evidence of IO and arresting officer, arrest is indeed lawful.

“Detention of the accused could no longer [be] said [to] be done to obtain DNA (illegally)... the court allows those items to be tendered as evidence,” said the judge.

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