Foreign expert: Faulty DNA samples unacceptable

After Australian forensic pathologist Dr David Wells testified yesterday, another foreign expert, DNA specialist Dr Brian McDonald, takes the witness stand in the Sodomy II trial involving Oppostion Leader Anwar Ibrahim.McDonald, who is also from Australia, will first answer questions from defence lawyer Ram Karpal and this is likely to take most of the morning.

It will be followed with cross-examination by solicitor-general II Mohd Yusof Zainal Abiden, who is lead prosecutor.Wells was quizzed by Yusof for most parts of yesterday. In his testimony, Wells said that a 30-year-old study stating that sperm retrieved from the rectum can last up to 65 hours should be treated with caution.

At one point, the witness was briefly stumped when asked how a third person could retrieve another person's sperm and planted in the alleged victim's rectum. He said he would leave it to a DNA expert to answer that question.Later, in replying to questions from defence lawyer Sankara Nair, Wells agreed there could be tear in Mohd Saiful Bukhari Azlan's rectum should the purported act - as described by the complainant - was "laju and rakus" (fast and furious).

Pusrawi Hospital's Dr Mohamed Osman Abdul Hamid and Hospital Kuala Lumpur doctors have earlier testified that they saw no signs of injury.

LIVE REPORTS

8.35am: A group of anti-Anwar supporters wearing yellow T-shirts are outside the Jalan Duta Court Complex where the Sodomy II trial is held at the Kuala Lumpur High Court.

Repeatedly shouting 'reformasi', they unveil a banner which says 'Selamat Hari Raya Peliwat 2.0' and 'Justice for Saiful'.

8.48am: Prosecution team led by solicitor-general II Mohd Yusof Zainal Abiden is in court, as is defence lawyers Ram Karpal and Marissa Regina Christopher Fernando.

Marissa is the daughter of the late Christopher Fernando, who was top defence lawyer in Anwar's first sodomy trial.

8.55am: Also in court is Saiful's lawyer Zamri Idrus. He was absent yesterday.

9.04am: Anwar arrives with wife and PKR president Dr Wan Azizah Wan Ismail and party secretary-general Saifuddin Nasution.

There are still some empty seats in the public gallery, which can fit about 70 people.

9.13am: Johor PKR chief Chua Jui Meng arrives and is seen talking to Anwar, who is standing inside the dock.

9.15am: Court proceeding begins with Justice Mohamad Zabidin Mohd Diah (left) presiding.

9.16am: Fourth defence witness Dr Brian McDonald takes the witness stand and the examination-in-chief done by defence counsel Ram Karpal...

  

9.17am: McDonald, 60, says he is a consultant molecular geneticist.

9.19am: McDonald reads his curriculum vitae in court. He has a bachelors in anatomy and also possesses a doctorate.

He is also a member of the Australian Biomedical Society and served as committee member of the Human Genetics Society.

9.27am: The witness says he was a head geneticist officer in New South Wales.

9.33am: Ampang MP and PKR Wanita chief Zuraida Kamaruddin walks into the courtroom and takes a seat in the public gallery.

9.35am: McDonald is a member of the Australian Forensic Science Society and lists down five pages of the books, papers and articles that he has written on the subject of DNA.

9.40am: Chemist Dr Seah Lay Hong, who had earlier testified in the trial, is assisting the prosecution as a consultant. She is seated between Yusof and DPP Noorin Badaruddin.

Noorin is likely to be the prosecutor doing the cross-examination of McDonald.

9.43am: McDonald has testified in many cases in Australia, and in Brunei in the Richard Cheah case in 2005.

9.45am: McDonald says the trial in Brunei was a triple murder case, and he testified there as a defence witness.

9.46am: McDonald says he had prepared a separate report after getting data from the two Malaysian chemists.

The document was titled 'Report of Malaysian Version in the case of PP vs AI'. He prepared the report in 2009.

9.47am: He explains forensic DNA testing.

9.53am: He explains short tandem repeat (STR) and 'loci' in DNA testing.

10.01am: McDonalds explains terms like starter, peaks, Polymerase Chain Reaction (PCR test), and electropherograms.

McDonald explains that the DNA from blood, semen and other bodily samples of a person is always the same.

10.15am: Lembah Pantai MP and PKR vice-president Nurul Izzah Anwar arrives with one of her sisters. Also here is PKR supreme council member Latheefa Koya.

10.24am: McDonald explains that there is international standardisation in guidelines so that it could be interpreted internationally.

10.34am: Nor Azman Abdullah @ Baginda Minda is in the public gallery, seated at the back.

There is a short exchange between Yusof and Ram Karpal over McDonald's reference to an 'ASCLD' letter. Ram says the letter is addressed to Lim Kong Boon, Chemistry Department, Petaling Jaya.(American Society of Crime Laboratory Directors - ASCLD - accredits laboratories and regulates international standards.)

"This is the second extension and it also indicates that the lab would not be extended beyond 12 months.”

Ram Karpal alleges that the Chemistry Department was not properly accredited. Yusof objects, as McDonald is not the author.

10.42am: Ram Karpal wants the April 2011 letter marked, but Yusof objects. The judge says Lim Kong Boon, the head of the Chemistry Department's DNA section, can be called to testify.

10.44am: Sankara indicates that Lim Kong Boon - who figured as a witness in Anwar's first sodomy trial - will be subpoenaed.

10.45am: Ram asks for a short break.

The defence is trying to show that the Chemistry Department's forensic unit has not been properly accredited, contrary to chemist Dr Seah Lay Hong's assertion earlier during the trial that it is internationally accredited.

During the break, Sankara explains to reporters that the lab was placed under the 'Legacy Programme' of the ASCLD between Sept 19, 2005 and Oct 18, 2010. This, says Sankara, is a probation period and not true accreditation.

The unit received has recieved two extensions, which ends this October. If the lab is not accredited, it would not get the ISO17025 accreditation.

11.07am: Court resumes. Ram continues his examination-in-chief on the matter of the ASCLD.

McDonald says accreditation brings with it the obligations that laboratories should provide.

Ram: What is the purpose?

Yusof objects.

11.10am: Justice Zabidin overrules the objection, but reminds Ram of limitations in his question.

Ram: The obligations of labs include independence of impartiality in its testing?

The witness says he has assessed the 17025 accreditation and it is necessary to provide all materials used in the testing of DNA.

11.14am: McDonald says the genesis of 17025 accreditation is 15109, whose status oversees the function of forensic laboratories internationally.

11.16am: McDonald says the material must include all the processes of documentation along the way, whereby anybody can follow the journey of the material being tested.

11.25am: McDonald says verification must be done on samples when the results are reported.

11.30am: McDonald says labs should follow the guidelines which they have laid out.

11.56am: McDonald says there was mixture of DNA in this case, although prosecution witness Nor Aidora Saedon had said otherwise in her testimony.

12.05pm: Former Bukit Bintang MP-turned-PKR member Dr Lee Chong Meng, known popularly as 'Dr Ayam', arrives.

12.13am: McDonald says Nor Aidora did not follow guidelines... when there is mixture DNA.

"There are three loci which is more than 60 percent. What you have is evidence of mixture," he said. "She specifically ignored that and report as a single individual profile."

12.20pm: Ram Karpal is now directing his questions to where and when the samples were taken. He points to errors in the labelling of the date.

"If we have a mistake, we have to change it such as to what it was beforehand and identify the exact date and when you do the change," says McDonald.

Ram: Was there any evidence of a record of correction?

McDonald: They still have the date on June 26, 2008 in the court. There is no record of (a) correction.

(Saiful's examination was done on June 28, 2008.)

12.26pm: McDonald says it is not an option to have samples which such errors.

"You must get it from the horses mouth. You need to change and document it... This is fundamental laboratory practise."

12.28pm: McDonald says it is not an option to be accepted.

"If you are aware you should correct it," says the witness.

12.30pm: McDonald says there is a need to swipe the sample on a slide so can verify there is a sperm.

"You need to know what is on the swab when you took it as this is a sexual assault case."

12.33pm: Justice Zabidin calls for a break and orders trial to resume at 2pm.

2.04pm: Court resumes.

McDonald says that when one get a DNA sample, one needs to air-dry and freeze it to prevent bacteria.

2.07pm: McDonald says you must put samples in a freezer measuring minus-20 degrees Celcius.

2.08pm: If this is not done, it would encourage bacteria growth and it would affect the cells.

"If it is kept in room temperature there will be overgrowth bacteria."

Saiful's sample was kept in an air-conditioned room in investigating officer Supt Jude Blacious Pereira's office for another one-and-a-half days before it was handed to the Chemistry Department.

2.11pm: Ram: The sample was taken from the victim's anus after 56 hours of the incident.

McDonald: Putting samples in a recepticle and in room temperature would make it worse.

2.20pm: Ram: There must be a record in the chain of evidence?

McDonald: Failure to follow such a procedure may result in not getting accreditation. The function of this must be monitored all the time.

2.25pm: McDonald says if you slide on a recepticle, you can see under the microscope if there is sperm.

"This provides a back-up to what we propose to do. It is also the proper and good practise."

2.33pm: McDonald says it is important to know the quantity of sperm in this case.

"First 6 to 8 hours after ejaculation, there will be a high level of sperm.

"After eight hours, the number of sperm recedes, and that is what literatures say," the witness said.

2.37pm: McDonald criticises the method employed by Dr Seah Lay Hong for not doing the sperm count and not sliding on a receptacle.

2.41pm: Ram says the sample was sent to the lab chemist after 98 or 99 hours. What sort of density can we expect in such sperm?

McDonald: The literature suggest one-plus sperm after 56 hours, and it would be a low sperm count.

In this case, it was kept another 48 hours in room temperature. I would say any signs of sperm would not exist at all.McDonald also says that the finding of sperm in sample is inconsistent in the history of literature.

"It would ring alarm bells as to how this is possible. And this would suggest (the sample could have been fresh)."

2.55pm: Yusof asks for a postponement as Ram seems he has a lot to go through.

Justice Zabidin allows the request and orders the trial to continue tomorrow morning.

Source : http://www.malaysiakini.com/news/174037