Next week's DNA bill a 'ploy to convict Anwar'
Rahmah GhazaliPublished: Jun 19, 2009 9:14 AM | Updated: Jun 19, 2009 4:16 PM
As lawmakers are gearing up for the second round of debate on the controversial Deoxyribonucleic Acid (DNA) bill in Parliament next week, there is growing suspicion that this could be linked to Opposition Leader Anwar Ibrahim's upcoming sodomy case.
As lawmakers are gearing up for the second round of debate on the controversial Deoxyribonucleic Acid (DNA) bill in Parliament next week, there is growing suspicion that this could be linked to Opposition Leader Anwar Ibrahim's upcoming sodomy case.
Suspended opposition Puchong parliamentarian Gobind Singh Deo believed that it was not a coincidence that the DNA bill resurfaced at a time when Anwar's sodomy trial is to begin at the High Court on July 1.
"This is very strange, the last time the bill was brought forward as a matter of urgency, Anwar's case was around the corner.
"And now the bill is coming up again next week, and guess what, Anwar's case is again around the corner," Gobind (right) told reporters at the DAP headquarters today.
The practicing lawyer also said that there were no changes made in the bill although many have previously raised concerns regarding Section 24 and Section 27 when it was debated in August last year.
Section 24 states that "any information from the DNA data bank shall be mandatory and admissible as conclusive proof of the DNA identification in any proceedings in any courts".
"But it was proven that the samples from 1998 sodomy trial were contaminated. This bill may end up legitimising any previous data. So is this being passed to obtain a conviction in Anwar's case?" Gobind asked.
"This also means that we don't know whether or not the test meets the required international standards. We have a system of 'never mind' how the samples will be analysed, but the results should be conclusive for any proceedings," argued Gobind.
Anwar, 61, has consistently denied the allegations by his 23-year-old former aide, Mohd Saiful Bukhari Azlan - the same charge that saw him jailed a decade ago.
Lacking international standards
The DNA bill was first tabled by former home minister Syed Hamid Albar last August - just before Anwar's case was mentioned. The then home minister denied that the tabling of the DNA bill was politically motivated.
Section 27 of the bill, according to Gobind, is "most dangerous for everyone, and not just Anwar".
He said that the section explicitly states that "all tests conducted before shall become part of the databank".
Citing the events that led to Anwar's sodomy charge 10 years ago, Gobind cautioned that some of the samples taken for DNA testing were contaminated.
Section 27 states that "any existing DNA profile and any information in relation thereto kept and maintained by the Chemistry Department of Malaysia or Royal Malaysia Police, immediately before the coming into operation of this Act shall, on the coming into
Gobind also argued that the bill also lacked provisions and details as to what kind of tests and standards are required.
"If you look at it carefully, you realise that the most important part is not there because it does not state standards.
"So what is the point of having an Act if it does not provide the kind of tests that the government recognises?" asked Gobind.
He suggested that the government set up a select committee to ensure the tests are recognised globally and added that the court should be given discretion on whether any DNA evidence is conclusive.
Fellow DAP MP for Serdang Teo Nie Ching will table a motion to seek amendments to the sections when Parliament resumes next week.
She also argued that DNA evidence in other developed countries was used as corroborative evidence instead of being deemed as conclusive evidence.
"In the US, UK and Australia, many convictions were set aside as they found that the DNA tests were faulty," she said.
VIDEO | 10 mins
Suspended opposition Puchong parliamentarian Gobind Singh Deo believed that it was not a coincidence that the DNA bill resurfaced at a time when Anwar's sodomy trial is to begin at the High Court on July 1.
"This is very strange, the last time the bill was brought forward as a matter of urgency, Anwar's case was around the corner.
"And now the bill is coming up again next week, and guess what, Anwar's case is again around the corner," Gobind (right) told reporters at the DAP headquarters today.The practicing lawyer also said that there were no changes made in the bill although many have previously raised concerns regarding Section 24 and Section 27 when it was debated in August last year.
Section 24 states that "any information from the DNA data bank shall be mandatory and admissible as conclusive proof of the DNA identification in any proceedings in any courts".
"But it was proven that the samples from 1998 sodomy trial were contaminated. This bill may end up legitimising any previous data. So is this being passed to obtain a conviction in Anwar's case?" Gobind asked.
"This also means that we don't know whether or not the test meets the required international standards. We have a system of 'never mind' how the samples will be analysed, but the results should be conclusive for any proceedings," argued Gobind.
Anwar, 61, has consistently denied the allegations by his 23-year-old former aide, Mohd Saiful Bukhari Azlan - the same charge that saw him jailed a decade ago.
Lacking international standards
The DNA bill was first tabled by former home minister Syed Hamid Albar last August - just before Anwar's case was mentioned. The then home minister denied that the tabling of the DNA bill was politically motivated.
Section 27 of the bill, according to Gobind, is "most dangerous for everyone, and not just Anwar".He said that the section explicitly states that "all tests conducted before shall become part of the databank".
Citing the events that led to Anwar's sodomy charge 10 years ago, Gobind cautioned that some of the samples taken for DNA testing were contaminated.
Section 27 states that "any existing DNA profile and any information in relation thereto kept and maintained by the Chemistry Department of Malaysia or Royal Malaysia Police, immediately before the coming into operation of this Act shall, on the coming into
operation of this Act, be deemed to have been kept and maintained in and to
form part of the DNA Databank established under this Act in accordance with
indices applying."
Gobind also argued that the bill also lacked provisions and details as to what kind of tests and standards are required.
"If you look at it carefully, you realise that the most important part is not there because it does not state standards.
"So what is the point of having an Act if it does not provide the kind of tests that the government recognises?" asked Gobind.
He suggested that the government set up a select committee to ensure the tests are recognised globally and added that the court should be given discretion on whether any DNA evidence is conclusive.
Fellow DAP MP for Serdang Teo Nie Ching will table a motion to seek amendments to the sections when Parliament resumes next week.
She also argued that DNA evidence in other developed countries was used as corroborative evidence instead of being deemed as conclusive evidence.
"In the US, UK and Australia, many convictions were set aside as they found that the DNA tests were faulty," she said.
VIDEO | 10 mins
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