Anwar’s defence lawyer Karpal Singh said today that Najib had gone against Justice Datuk Mohd Zabidin Mohd Diah’s recent caution warning all parties against commenting on the trial, and that doing so was tantamount to an act of contempt of court.
The judge said last week that anyone committing an act of contempt in the on-going trial will “face the music”.
“The prime minister should be hauled up here for comments... in telling Anwar to provide DNA.
“Your Lordship should make a ruling for contempt of court for the prime minister,” Karpal told the court today.
But Mohd Zabidin said that if the defence wanted to initiate such proceedings it needed to first file a fresh application to the court.
“If you really feel that way, then you can file an application to the court,” said the judge.
Karpal has charged that Najib was defying the judge by going against his caution.
“All parties concerned must not commit contempt of court.
“Serious considering applying for leave to have PM committed... for contempt of judge’s directive that whoever commits contempt of court will have to face the music,” the lawyer told reporters.
However another defence lawyer, Sankara Nair, later told The Malaysian Insider that the defence would not push for contempt proceedings against Najib for the time being but will do so if the PM repeats his actions.
“If it happens again (then we will take action),” Sankara said.
Anwar’s lawyers have stressed that there was no need for the PKR de facto leader to provide DNA samples, citing the example of his first sodomy trial where it was stated on record that Anwar’s DNA profile was “abused” by the police.
Anwar is currently facing sodomy charges for the second time in his life after complaint Mohd Saiful Bukhari Azlan, a former aide, said he was sodomised at a luxury condominium in upper-class Bukit Damansara here on June 26, 2008.
Anwar has denied the charge.
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 has however asked the court to review that ruling, resulting in two submissions by lead prosecutor Datuk Mohd Yusof Zainal Abiden last Monday — 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 Saiful’s anus.
Yusof said that while Mohd Zabidin could not ask Anwar to surrender his DNA samples, the judge could order someone else to obtain them from him.
What was relevant, according to Yusof, was whether the DNA obtained from Saiful’s anus could be matched to the accused (Anwar).
Yusof said that Mohd Zabidin should not be concerned with how evidence samples in the trial were obtained “as long as it is relevant, it is admissible.”
Government scientist Dr Seah Lay Hong testified last month that she had found two unknown male DNA profiles around Saiful’s anus, one of which she had earlier called “Male Y”.
Anwar had refused to provide DNA samples in his first sodomy trial in 1998 for fear they could be manipulated.
Former Kuala Lumpur CID chief Datuk Mat Zain Ibrahim also claimed last January that DNA evidence was fabricated in Anwar’s first sodomy trial.
The DNA Identification Act 2008 was passed to compel suspects to provide DNA samples, despite protests from Pakatan Rakyat (PR) lawmakers.
BN-friendly groups like Perkasa and Gerakan Anti-Penyelewengan Selangor (GAPS) staged protests yesterday outside PKR’s headquarters in Petaling Jaya, demanding that Anwar surrendered his DNA samples to the prosecution in the ongoing trial.