Australian DNA expert Dr Brian McDonald remained on the witness stand for the
second consecutive day in the Anwar Ibrahim sodomy trial.McDonald, who is the fourth defence witness, testified yesterday
that chemist Dr Seah Lay Hong's testing was not according to international
standards following errors in labelling and not swiping the sample on a
receptacle.
This follows the discovery that two out of 10 samples having faulty labels when it was stated on the container that they were taken on June 26, 2008. This was despite that the medical examination was done on the alleged victim, Mohd Saiful Bukhari Azlan, on June 28.
McDonald also testified such incompetence behaviour could have resulted in the chemist being “sacked” from his or her job.It was also revealed that the Chemistry Department's forensic division has yet to receive the international accreditation required when it was placed on probation in 2005. The probation had been extended twice since 2010, and it will end this October.
McDonald, who is also an evaluator for the 17250 international certification and standards, said that the chain of movement of evidence and the treatment of samples were vital to any investigation.
LIVE REPORTS
8.56am: Chemistry Department director-general Lim Kong Boon is seen in the witness room.
9.01am: The accused, Opposition Leader Anwar Ibrahim, arrives with his wife, PKR president Dr Wan Azizah Wan Ismail.
9.01am: Queen's counsel Mark Trowell, who is holding a watching brief for the Inter Parliamentary Union, and Johor PKR chief Chua Jui Meng enter the courtroom.
"If she had done it properly, we can cut out on such a possibility. The sample taken cannot be relied on cause (it contain Saiful's DNA)."
Ram: Can we conclusively say that Saiful's sperm is not in his anus?
McDonald: No, she is guessing that there are other cells. She did not do the DEP test properly.
This follows the discovery that two out of 10 samples having faulty labels when it was stated on the container that they were taken on June 26, 2008. This was despite that the medical examination was done on the alleged victim, Mohd Saiful Bukhari Azlan, on June 28.
McDonald also testified such incompetence behaviour could have resulted in the chemist being “sacked” from his or her job.It was also revealed that the Chemistry Department's forensic division has yet to receive the international accreditation required when it was placed on probation in 2005. The probation had been extended twice since 2010, and it will end this October.
McDonald, who is also an evaluator for the 17250 international certification and standards, said that the chain of movement of evidence and the treatment of samples were vital to any investigation.
LIVE REPORTS
8.56am: Chemistry Department director-general Lim Kong Boon is seen in the witness room.
9.01am: The accused, Opposition Leader Anwar Ibrahim, arrives with his wife, PKR president Dr Wan Azizah Wan Ismail.
9.01am: Queen's counsel Mark Trowell, who is holding a watching brief for the Inter Parliamentary Union, and Johor PKR chief Chua Jui Meng enter the courtroom.
9.12am: The public gallery, unlike earlier
this week, has not been fully occupied since yesterday. This is perhaps due to
the technical nature of the testimony from the foreign experts.
9.15am: Court proceedings begin with High Court justice Mohamad Zabidin Mohd Diah presiding.
9.16am: DNA expert Dr Brian McDonald called to take the witness stand to continue his testimony.
9.15am: Court proceedings begin with High Court justice Mohamad Zabidin Mohd Diah presiding.
9.16am: DNA expert Dr Brian McDonald called to take the witness stand to continue his testimony.
9.19am: Lembah Pantai MP Nurul Izzah Anwar
walks in and takes a seat in the public gallery.
9.22am: Teja assemblyperson Chang Lih Kang
enters the courtroom and shakes hands with Anwar, who is seated in the dock.
9.35am: McDonald explains how a chemical
called DTT is used to break sperm cells to retrieve DNA.
He says the samples were not labelled properly - they were
only labelled B1 to B9.
9.42am: McDonald says chemist Dr Seah did
not indicate where the swab came from.
"The HKL (Hospital Kuala Lumpur) doctors did not use the same numbering system employed by her.
"The HKL (Hospital Kuala Lumpur) doctors did not use the same numbering system employed by her.
"We have to assume where the swab came from as this is not
reflected in Seah's report," he adds.
McDonald says Seah must verify whether the sample came from the anal and rectum areas in sodomy cases.
"It could come from a cigarette butt. Seah did not provide the information in the report. She has not reported anything on the sample whether it came somewhere or another."
McDonald says Seah must verify whether the sample came from the anal and rectum areas in sodomy cases.
"It could come from a cigarette butt. Seah did not provide the information in the report. She has not reported anything on the sample whether it came somewhere or another."
9.51am: McDonald says what we have is DNA
attributed to the complainant.
"That is the case of the complainant's semen is in his rectum," he says.
"That is the case of the complainant's semen is in his rectum," he says.
9.53am: McDonald says you cannot assume
Saiful's sperm is in his own rectum.
9.54am: The witness alleges Seah did not do
the test properly as the complainant's DNA should not be there.
"I would say Seah's evidence is a guess."
Ram: Why is that?
McDonald: Because she did not make a slide on the receptacle. That is only way to determine.
"I would say Seah's evidence is a guess."
Ram: Why is that?
McDonald: Because she did not make a slide on the receptacle. That is only way to determine.
9.58am: McDonald says it is possible that
Saiful's sperm was in his anus.
"If she had done it properly, we can cut out on such a possibility. The sample taken cannot be relied on cause (it contain Saiful's DNA)."
Ram: Can we conclusively say that Saiful's sperm is not in his anus?
McDonald: No, she is guessing that there are other cells. She did not do the DEP test properly.
10.04am: McDonald says the Male Y is
predominant in B7 the low rectal swab.
(It was earlier testified that 'Male Y' DNA was found on B7,
B8 and B9.)
10.05am: McDonald says Saiful's DNA was
predominant in B8 - the high rectal swab.
10.07am: McDonald says, "We cannot discount
Saiful's sperm was up in his own anus."
10.15am: The DNA expert explains the
strenuous process necessary to isolate sperm where the samples had "to be
cleaned" a couple of times.
10.17am: Defence lawyer Ram Karpal who has
been doing the examination-in-chief of McDonald requests a brief break.
Judge orders the court to stand down.
10.50am: Court resumes.
11.02am: McDonald goes through the results
of the samples taken from Saiful.
11.21am: McDonald says
there are partial profiles from the test conducted, but he cannot say whether it
was re-amplified.
11.26am: McDonald says from the graph, one
can tell the degrees of degradation of the sample. He now moves on to the B7
high rectal swab profile, taken from Saiful's lower rectum.
11.31am: McDonald explains this is a mixture
of two samples including that of Male Y. There are no signs of degradation.
Ram: Yesterday you said the sample was taken after 56 hours from Saiful's rectum and it was given to the chemist after 48 hours. This is more than 100 hours.
McDonald: The profile which appears in B7 (contradicts) with the history because (it's a good profile and not one that is 100 hours old).
11.35am: They now look at the B8 swab, another high rectal swab. McDonald says there is a dominant presence of complainant Saiful's DNA.
"There is a mixture of Male Y and complainant, and the dominant is the complainant.
"There is no evidence of degradation," says McDonald.
Ram: Yesterday you said the sample was taken after 56 hours from Saiful's rectum and it was given to the chemist after 48 hours. This is more than 100 hours.
McDonald: The profile which appears in B7 (contradicts) with the history because (it's a good profile and not one that is 100 hours old).
11.35am: They now look at the B8 swab, another high rectal swab. McDonald says there is a dominant presence of complainant Saiful's DNA.
"There is a mixture of Male Y and complainant, and the dominant is the complainant.
"There is no evidence of degradation," says McDonald.
11.38am: Moving on to the B9 low rectal
swab, McDonald says the DNA is in pristine condition and the specimen is a
mixture, contradicting the sample's history.
"There is no evidence of degradation, and this is inconsistent with its history." he says.
"There is no evidence of degradation, and this is inconsistent with its history." he says.
(Note: These samples were said to be more than 100 hours old
and had not been kept in the suggested manner, in a freezer. Therefore there
should be degradation, the absence of which is conflicting.)
11.41am: Ram applies to continue questioning
McDonald on another day. He now calls investigating officer Supt Jude Balacious
Pereira to take the stand.
Karpal asks about the Pusrawi Hospital medical report on Saiful.
"Yes, I retrieved it from the hospital on Aug 6, 2008. This is the original copy," replies Pereira.
The original document is marked as evidence.
Several politicians including Selangor excos Xavier Jeyakumar and Elizabeth Wong are spotted at the hearing.
Karpal asks about the Pusrawi Hospital medical report on Saiful.
"Yes, I retrieved it from the hospital on Aug 6, 2008. This is the original copy," replies Pereira.
The original document is marked as evidence.
Several politicians including Selangor excos Xavier Jeyakumar and Elizabeth Wong are spotted at the hearing.
12pm: Court decides that trial will resume
on Sept 19 to 23 and adjourns.
Source : http://www.malaysiakini.com/news/174138
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