PUTRAJAYA: Federal Court lead prosecutor, Tan Sri Dr Muhammad Shafee Abdullah said that DNA belonging to Male Y was obtained lawfully.
He dismissed claims that the DNA was obtained unlawfully when Datuk Seri Anwar Ibrahim was detained overnight at the IPK Kuala Lumpur.
"They claim that he was held only to obtain his DNA."
"This is not true, he was detained after midnight and had to be held till morning for the investigating officer to record his statement," he said, adding this procedure applied to everyone else.
Shafee said that the high court judge had then dismissed the statement from the investigating officer that Anwar had to be held overnight but this dismissal will now be reviewed.
Shafee said his arguments today were related to the exhibits, important evidence used by the afferent at the IPK KL, including a mineral water bottle, toothbrush and towel.
He said the DNA was tested by a chemist and classified as Male Y, and matches the DNA obtained from Saiful Bukhari.
Shafee said that the DNA came from the items Anwar had used in the cell.
Shafee also said that entrapment was admissible because it was relevant.
He said that was the case in most commonwealth countries, citing a case in Singapore where the courts allowed evidence obtained from entrapment.
Shafee said however that the collection of evidence was done lawfully.
"But even if it was unlawful, the evidence would still be admissible."
Shafee also said that the prosecution had proved Pusrawi Hospital medical officer Dr Mohamed Osman Abdul Hamid’s testament as unreliable.
Shafee said that it was possible for the case to be wrapped up tomorrow, but he doubted so.