Prosecution led by Tan Sri Dato Seri Dr Muhammad Shafee Abdullah
Defence led by Datuk Seri Gopal Sri Ram
Chief Justice Tun Ariffin:
1) Saiful Bukhari found to be credible witness
2) No impeachment of Saiful B's evidence
3) There were corroborative evidence to support Saiful B evidence (cctv recording, DNA evidence of Anwar, medical experts, lubricant KY used, no scar or tears in Saiful's anus etc)
4) On DNA evidence, Anwar used the items retrieved from lockup he stayed overnight for DNA profiling.
5) DNA of Anwar was not illegally obtained. Even if it was, in law, it was admissible.
6) DNA profiling shows Anwar sodomised Saiful B.
7) DNA evidence by prosecution corroborates Saiful's testimony on factum of penetration.
8) DNA evidence was not compromised. No contamination of DNA samples.
9) There is no break in chain of custody. Integrity of samples was not compromised.
10) Defence argument that Anwar's DNA was planted was not sustainable.
11) DNA profile Male Y is Anwar's.
12) Sperm heads observed without tails consistent with Saiful's evidence that he was sodomised few days ago before examination was conducted on Safiul's anus.
13) Prosecution medical/ DNA experts found to be credible.
14) On Anwar's defence of alibi, Anwar submitted 13 alibi witnesses but abandoned it later. In Anwar's unsworn statement, he merely said 'it never happened' Anwar never denied sodomising Saiful.
15) Unsworn statement by Anwar was of little value as it was not tested through cross examination.
16) On political conspiracy raised by Anwar, it was not substantiated by any evidence.
17) Anwar never disputed he was there at the same condominium. He was seen entering car park, elevator etc.
18) High Court judge was wrong in acquitting Anwar. High Court imposed 100% test of burden, which was too high.
19) Defence medical experts evidence rejected. They never carried out any practical tests.
20) Compelling evidence ie DNA establish sperm cells of Anwar in Saiful's anus. Anwar failed to cast any reasonable doubt. Prosecution therefore establishes it's case beyond reasonable doubt.
Anwar's appeal dismissed.
Shafee & Co