The three-man panel allowed the prosecution's appeal against a 2012 High Court decision that acquitted Anwar of the charge.
Earlier, the court heard that the DNA profile of a third party was found in Mohd Saiful Bukhari Azlan's anus despite his claim of not being a homosexual.
Anwar's co-counsel Ramkarpal Singh submitted that the prosecution had failed to explain the source of the contributor of the third DNA in the "intimate samples" during the Opposition leader's sodomy trial.
He argued that two samples taken from Saiful's anus and a Good Morning towel found in Anwar's lock-up on the night of July 16, 2008 have the third party's DNA.
Ramkarpal said the presence of third party's DNA could only happened if Saiful had a sexual relationship with a man or that someone else had came into contact with the samples taken from the complainant.
"Only two ways (third party's DNA) this can happen. First, if he (Saiful) had a sexual relationship with a man who ejaculated inside him leaving his DNA there.
"Or someone else had come into contact with the sperm after it was extracted," he argued before a three-man panel chaired by Justice Balia Yusof Wahi with Justices Aziah Ali and Mohd Zawawi Salleh.
He said the defence do not know the identity of the third party contributor.
"There is certainly some form of tampering as he (Saiful) himself said that he is not homosexual.
"It cannot be a coincidence for a same person's DNA to be found on the different items," he said.
He said the possibility of retired investigating officer Supt Judy Blacious Pereira to have contact with the samples could not be excluded due to him being a custodian of those items for a longer time.
"It is not for us to speculate but it creates a reasonable doubt. Other people who had custody included three government doctors," he said.
Ramkarpal submitted that the prosecution's contention that Supt Jude had merely cut an envelope containing samples for relabelling was "too much a simplistic view".
"Tampering is fatal. That is why we say that the trial judge was corect when he said that he cannot be 100% certain that the samples is not compromised," he argued.
He argued that the law was strict on the integrity of samples.
"If unexplained (over the integrity of samples), it ought to be taken in favour of the respondent (Anwar)," he said.
Anwar's lead counsel Karpal Singh also hit out at lead prosecutor Tan Sri Muhammad Shafee Abdullah's remarks over Anwar's move to give a statement from the dock.
Karpal said that Shafee had defended lawyer and former deputy Speaker D.P. Vijandran for a case in Ipoh where he had given a statement from the dock.
"He (Vijandran) is obviously not a low mental capacity," he said to Shafee's remarks that such a defence was to protect a vulnerable accused who is mentally not stable.
Anwar was acquitted by the High Court on Jan 9,2012 for allegedly sodomising his former aide Mohd Saiful at Desa Damansara Condominium in Bukit Damansara on June 26, 2008.
Trial judge Justice Mohamad Zabidin Mohd Diah had ruled that the court could not be 100% certain, after going through the evidence, that the integrity of the DNA samples had not been compromised.
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5.11pm: Justice Balia says, "We will allow time and come back in one hour."
Anwar stands up and says, "We do it (mitigation) now.”
5.08pm: Karpal blasts back, saying if Shafee is on this side, "He would say that mitigation would be done on another day."
"He is speaking with a forked tongue and this is why a mercenary DPP should not be appointed."
5.06pm: Shafee objects saying appeal has been delayed.
"If mitigation ought to be required it should be done today. We should hold the mitigation today I am also unprepared but am prepared to hold it today."
5:03pm: Karpal applies for mitigation to be done next week.
4.57pm: Justice Balia noted that the prosecution argued that the trial judge has erred in its decision.
"The learned judge had misconstrued on the integrity of the samples. He ruled there was tampering of the HKL plastic bag.
"We have scrutinise evidence of the IO Jude Blacious what he did was cut the bottom of the plastic and put the recepticle, in each envelope."
"The tampering is on the plastic bag and not the evidence. The seals of the samples are intact and did not compromise the samples."
He said if the learned judge conclude the tampering is on the plastic bag only, and having examined the grounds in the judgment.
"We find the judge has no reason to depart from his earlier finding (in calling the defence)."
"The learned judge has failed and appreciate in coming to the conclusion. The judge has erred in listening to the foreign experts.
"We find the judge had misdirected itself on the issue of the integrity of the sample.
"We allow the appeal and found guilty of the charge."
4.55pm: Justice Balia Yusof says this is a unanimous decision.
4.52pm: Court resumes.
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Anwar didapati bersalah liwat Saiful Bukhari - Mahkamah Rayuan
2014/03/07 - 17:10:31 PM
PUTRAJAYA: Ketua Pembangkang, Datuk Seri Anwar Ibrahim, didapati bersalah oleh Mahkamah Rayuan, di sini, hari ini, atas tuduhan meliwat bekas pembantu peribadinya, Saiful Bukhari Azlan, enam tahun lalu.
Panel tiga hakim diketuai Datuk Balia Yusof Wahi yang bersidang bersama Datuk Aziah Ali dan Datuk Mohd Zawawi Salleh membuat keputusan itu terhadap Anwar, 67, selepas mengetepikan keputusan Mahkamah Tinggi.
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