Anwar ‘no’ to foreign forensic expert
KUALA LUMPUR: Datuk Seri Anwar Ibrahim will not agree to the idea of a foreign forensic expert of his choice to draw a DNA sample from him, said lawyer R. Sivarasa.
“They (the police) fail to understand Anwar’s concern as explained this afternoon. It does not address the possible fabrication of DNA (test results) starting with Saiful (Bukhari Azlan) himself,” he said yesterday.
Stating his case: Anwar during the press conference at his home in Bukit Segambut. With him are his wife Datuk Seri Dr Wan Azizah Wan Ismail (right), his daughter Nurul Izzah (standing, left) and one of his lawyers R. Sivarasa (seated on his right). - CHUA KOK HWA / The StarTo a question whether Anwar and his lawyers would consider allowing the international expert to carry out the DNA test, he said they could “start to look at that” as the expert might be able to advise them.
However, he said this would not make a difference if there was a possibility that the samples would be tampered with.
He said they would resist any legal action for Anwar to provide a DNA sample because the law does not provide for it.
At his press conference earlier, Anwar had said that if there was “compelling evidence one, two, three and four which needs an international expert,” then he would be willing to submit to DNA testing.
Of course the diehard Anwar's fans would continue to live in denial.
What transparency and professionalism is he talking about? What else he expects the government to do?
I am sure he prefers to go to prison rather than giving his blood for DNA testing. Than the truth will never be known.
13 comments:
I never like Anwar but this time I stick to his side. Why? I don't believe in our system anymore. CRAP! you can say all you like but I don't want to SYOK SENDIRI in believing that the police won't place his DNA everywhere when they got their hand on it.
I think Anwar is more cautious now.
He has been through a very difficult times 10 years ago. Maybe he still have the unpleasant experience and trying to avoid the problem.....
hantu,
somehow it is difficult to expect you to be fair too especially when you indulge in prejudgement and like anonymous in 3:16 said, Syiok Sendiri !
When the police do not follow standard procedure in crime investigation, what do you expect ?
When the police behave like the crooks they are suppose to apprehend, what do you expect ?
When one jump the gun, just be aware that stray bullets do ricochet, and may shoot you on the foot.
Why dont the gov. gives the 10 years old DNA of Anwar to the expert/s?
It was given 10 years ago and it is VALID.
Even if the sampling is no longer around / destroyed but the lab which did the testing and analysis will have the record of Anwar's genetic pattern .Theres hard copies available from the lab.
Why dont you take a look at how the case was conducted 10 years ago,what happened to the mattress? Dont be fast to blame Anwar if he is paranoid about this now.
The polis refuses to give a copy of saifool's report to Anwar
This is NOT the standard procedure.
Why the media played down about this?
Incase if anybody missed out the news, saifool did met najid and rosmah.
It is not just najib alone that saifool met, now rosmah is also involved.
And how can anwar go to jln travels polis station when there is a court order enforce that anwar must NOT be within 5 km radius from the parliament on that Monday.
Indeed this is getting more scandalous.
Let us be fair to Anwar.
anonymous,
It is not a matter of liking Anwar or not, it's the reality of the problem.There are many ways the samples can be protected and Anwar can set his conditions .For example Anwar can appoint a few of his trusted men to guard the sample until the analysis is over and any excess sample should be destroyed in his presence.
Just saying no to everything makes him looked even more guilty.
letting the time pass me by,
I agree with you but his rejection of independent forensic expert and not trusting the police looked more like an excuse than the reason.
Just one question .. from past experiences, does anyone trust our police to be impartial? I definitely DON'T!
anonymous,
There is no syiok sendiri, that's kampong talk, mate!.
Read my article again,what did I say?Did I say give the sample to the police? Come on guys, don't split hair, I said Anwar should accept the alternative proposal where he can appoint his own forensic expert if he doesn't trust the police.
Why refused such proposal when you can be in control of the security of the sample.
khun pana,
It's the same question I am asking, what happened to the old DNA record?Was it damaged or lost ? If it is than I understand the reason for the request for new sample.The PM says it too old.I wonder who gave him the info.I think DNA record if properly kept can stay for a long time.
Anwar should agree to giving the sample on his own conditions and insisted on joint analysis by his appointed expert and those from the government and all excess sample to be destroyed in his presence.
It is his chance to clear his name and put the government to shame,if he can prove his innocent.
Morons, as mention by DSAI's lawyer. DNA is not the issue here, the issue is police refuse to show the police report made by the complainant.
They need to charge DSAI in proper grounds if they want DNA. Tell me if you found foreign dna/liquid from saiful ass then DSAI will give you his DNA to see if it match otherwise stfu already..
They keep misleading public by saying Anwar refuse to provide his DNA while the matter of the fact is why should HE?
Why when DSAI asked for the police report of the complainant the police refuse and says their not permitted to show him the report due to instructions has been given to them.
You want to charge DSAI sure, tell him "what" you are charging him and we'll talk.
All these verbal announcements about saiful diz shit and dat shit .. say he's butt has been examine and found traces of him being sodomize but they did "NOT" mention they found any foreign "DNA" in his butt. For all I care anyone could have shove a broom up that kid's ass
The media is trying to confuse the public to make DSAI looks guilty by not co-operating with the police
Hantu Laut,
I see you did not bother to read Anwar's lawyer Sivarasa's succint and factual arguments why they are not satisfied with the possible falsification of any blood sample taken from Anwar.
I first wrote this on another blog, but I feel your post has to be refuted with some Hard Science. Anyone who has done Biochemistry at University level can attest to the scientific basis of what I present below.
The issue is not the DNA test itself, it is what is done with the DNA after that.
With PCR (Polymerase Chain Reaction) techniques, the little bit of DNA from a blood sample can be multiplied 1 Million times. The “manufactured” DNA is usually in a semi-liquid suspension like goo, doesn’t look like any human tissue, but its that person's DNA alright.
IF someone has that intent, that DNA can be “planted” anywhere you like - on clothes, on a mattress, on somebody’s skin, inside someone’s vagina or somebody’s anus.
Its been done before.
How to ensure this doesn’t happen ?
One, “Chain of Custody” must be ensured. The DNA blood sample must never leave the testing laboratory. Any PCR generated DNA must also never leave the lab.
Two, If somebody says they found somebody’s DNA in Saiful’s anus, the context of the finding must be subject to independent scrutiny. E.g. Was the DNA embedded in human semen or just random DNA. Just random DNA is very suspicious.
There was a case in the US where they found a person’s DNA at a murder scene - looks very incriminating, but the blood stain it was alleged to be taken from did not match either the victim's or suspect’s blood type. The DNA evidence got thrown out.
Three, "The Chain of Evidence" of the Victim’s medical examination must be preserved. If they took any unknown DNA from Saiful it has to be from June 28th thereabouts, not something coming out after the fact.
Lastly, as Karpal Singh says, Badawi and Syed Hamid Albar should shut up about this case, otherwise the logical conclusion is they are involved in directing the case.
So, Yes, there are ways to ensure Anwar's concerns, but Anwar was right to refuse the test on last Wednesday night, because there are no such safeguards at present.
common sense will tell you there's no way a 60 something old guy with a bad back can force himself on a young virile man unless it's consensual. Frankly I doubt anything happened and I smell a rat in this Saifool. probably paid a fortune for his act.
Watson
‘Refused to give DNA sample? Be a Man’
In reference to the media reports on Datuk Seri Anwar Ibrahim’s refusal to give his DNA sample for the purpose of police investigation against the sodomy allegation made against him and the statement made by Home Minister Datuk Seri Syed Hamid Albar Syed Hamid that under the Malaysian law, a person cannot be forced to give his or her DNA sample, Pemuda UMNO Bahagian Kota Kinabalu crave to state the followings:-
1. that even if Anwar’s DNA sample cannot be obtained due to lacuna or legal loophole in our criminal justice system, it must not be perceived as a ‘dead end’ to the matter in question for the sake of justice among the relevant parties involved. Despite being considered as a very powerful evidence, it is important to note that DNA evidence should not be viewed as the single and sole piece of evidence of the case but merely as part of the evidential jigsaw together with other corroborative evidence available. In other words, general public should understand that in the absence of DNA sample, still Anwar may not escape a fair trial of justice by reason of any legal technicality;
2. In general, forensic DNA evidence is meant for identification and detection of crime purpose. In the event where the identity of the suspect is clearly identified by the complainant and other corroborative evidence including relevant medical reports on the complainant, unavailability of DNA sample will be of less significance. Further, adverse inference on Anwar’s refusal give DNA may come into play should he elect to disprove the complainant’s allegation eventually;
3. Even if application to court compelling Anwar to give DNA sample is another option, as a leader and responsible citizen, he must take a sound responsibility to let the court of law to dispose the sodomy allegation against him vide fair legal process and not merely relying on legal technicality. If he still claims to be the ‘prime minister in the waiting’ by 16th September, he must let a thorough investigation be made by accepting the challenge posed by the Home Minister to give DNA sample if he were interested in the truth behind the sodomy allegations against him.
4. On the other hand, the statement by the Home Minister that the Identification of DNA Bill to be tabled in the Parliament soon is very much applauded. However, it is pertinent for the government to table the Personal Data Protection Bill as well to compliment the DNA Bill among others to safeguard individual’s right to privacy when the National Forensic DNA Databank is set up under the said Bill. In reference to the well established National DNA Database (NDNAD) in the United Kingdom, safeguards for data use is provided by the restriction imposed by the Data Protection Act 1998 in relation to the processing of the data and procedures to the disclosure of information for the purpose of prevention and detection of crime;
5. Therefore, the Personal Data Protection Bill must co-exist with the DNA Bill since the Federal Constitution does not specifically recognize individual’s right to privacy. Therefore, a proper measure must be taken by the government to ensure that the right to private life is legally protected to be in harmony with the new crime prevention strategy.
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