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Tuesday, October 28, 2014

Sodomy II: Defence lawyer Gopal zooms in on KY gel (3)


LIVE REPORT

10.25am: Gopal questions Saiful's conduct of not going to the toilet for two days and he was seen in Anwar's house the next day after the alleged sodomy incident.

He submitted a photograph of Saiful taken at Anwar's house.

However, Chief Justice Ariffin notes the picture was not tendered as evidence. He asks Gopal to submit on the matter whether the picture could be accepted as evidence.

The court takes a short break.

10.10am: Gopal says the KY gel appeared during examination-in-chief by the prosecution on Saiful.

The defence lawyer says if the lubricant was such an important exhibit, Jude would not have handed it to Saiful on June 28 (2008), only for Saiful to give it back to another police officer the next day.

"This was missed by the trial judge (at the High Court).”

Gopal says Saiful's evidence was that he was in pain and he had held the semen in the anus for several days.

The cross-examination on Saiful says he was asked by Anwar to place the KY Jelly on his anus, and he further submits what the witness testified in camera (closed court).

"Saiful was in pain in his anus and also stomach. The existence of the gel is cast in doubt and lacks credibility."

Arifin asks why the lack of credibility. Gopal says if the gel was used he would not have pain, accounting to the circumstances of the gel being handed over to the police.

10am: At the High Court trial, the gel was produced and marked, says Gopal.

He says Saiful had testified that they did the act (sodomy) on the carpet and he applied the gel on his private part (anus).

Gopal (right) shows a document not in the appeal records, and he says the 'keadaan barang kes' (list of items seized) does not included the KY Jelly.

This, he says, shows the inconsistency in Saiful's testimony.

"Exhibit was not in the list and it should be considered inadmissible and its weightage (in consideration) is challenged."

"Karpal had asked Saiful (whether) the KY gel was an afterthought and the witness agreed. The police report made no mention of the gel."

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