PUTRAJAYA : The defense in the case of an appeal by Datuk Seri Anwar Ibrahim on Tuesday questioned whether there was penetration by the alleged acts occurred because the evidence of Mohd Saiful Bukhari Azlan is not consistent regarding the existence of a lubricant in the act.
Counsel Datuk Seri Gopal Sri Ram, the former Federal Court judge, said that based on the evidence of the complainant, Mohd Saiful, the High Court, the act was done crudely, and continue to cause pain in the rectum and stomach.
Argued before a panel of five members of the Federal Court, which is chaired by Chief Justice Arifin Zakaria, Sri Ram said that if the evidence is correct, then the lubricant known as KY Jelly 'was not used because its use is intended to facilitate the penetration and avoid pain.
He said medical evidence to confirm that no trauma or injury detected in the anus of Mohd Saiful.
Sri Ram said the lubricant was not called by the prosecution in the list of exhibits taken from Mohd Saiful first witness in the sodomy trial concerned.
"The absence of a lubricant on the list raises serious doubts about the credibility of Mohd Saiful and lack of credibility in a case brought by the prosecutor and the overall investigation," he said and pointed out that in the police report as well, Mohd Saiful did not mention the use of jellies.
Answering questions Arifin why he said there is no credibility, Sri Ram said if the jelly is used, Mohd Saiful will not experience pain.
Sri Ram argues that the trial judge did not focus on the relevant portion of the cases, although the matter (penggunaanKY jelly) to focus dish in cross-examination by counsel KarpalSingh.
Sri Ram said in his statement, Mohd Saiful claimed semen remain in her anus for a few days, but in his testimony when cross-examined by Karpal, Mohd Saiful said he did not shower after the incident occurred and just rinse the body, but the shower in the morning before the event it.
"It shows evidence of Mohd Saiful is not consistent," he said.
Sri Ram said the KY Jelly is a crucial case, but it will only appear in the main examination by the prosecution against Mohd Saiful danMohd Saiful told the court that he personally bought jelly before going to the condominium.