DNA samples that are more than 36-hour-old are no longer “meaningful” evidence, Australian forensic pathologist Dr David Wells told the Sodomy II trial today. He told the Kuala Lumpur High Court that it would be difficult to get results from such a specimen, in reply to a question by defence lawyer Sankara Nair.
Sankara: If the specimen is in the rectum of (the complainant) for 56 hours before it was extracted can DNA be retrieved?
Wells: I would be exceedingly surprised... I've not been on a case where DNA taken from the anus or rectum more than 24 to 36 hours after the deposit. It will add to it another lengthy period without air drying... I would be sceptical to get any meaningful results.
Complainant Mohd Saiful Bukhari Azlan had previously told the court that Kuala Lumpur General Hospital doctors had took samples from him two days after he was allegedly sodomised.
It was also then established that the specimens included semen samples which were then sealed and handed over to investigations office Supt Jude Blacious Pereira, who had kept it for another 43 hours before it was sent to the Chemistry Department for analysis on June 30, 2008. Sankara asked Wells on the condition in which the sample were when it was sent for analysis.
Different expert opinions
Wells said that the it is important to ensure the swab samples are air dried, frozen or immediately taken to the laboratory, otherwise the DNA samples would deteriorate, especially in a “well moist” environment.
This however, contradicted chemist Dr Seah Lay Hong's testimony in the past where she had said that there was no need for steps to taken to ensure there was no degradation to the quality of the sample after 56 hours.
Similarly, Dr Mohd Razali Ibrahim from HKL, who examined Saiful, had said that seminal fluid can stay in the rectum for 72 hours. The lawyer then told Wells that the investigation officer had also found it fit to remove the semen sample from a sealed package to repackage and store it in a cabinet instead of a freezer.
“I'm not a police officer but I suspect he would be looking for a new job,” replied Wells, to the amusement of the gallery full of Anwar's supporters, reporters and observers.
Sankara asked Wells to comment on Jude's mistake in labelling the semen specimen during the early stages of the trial.
“The integrity of the specimen is absolutely crucial... if they found a mistake they (the police) should have informed the laboratory,” said Wells.
Police should not be present Wells added that he could not comment on the seriousness of the experts who analysed the samples. “But I would rather put it as - someone new to the task and inexperienced (had done the job),” said Wells.
Earlier today, Wells told the Kuala Lumpur High Court today that he prefers police officers not be present during an examination of sexual assault victims. Wells, who specialises in the field of sexual assault cases, said he would normally carry out an examination alone with the help of nurses.
"It's very intimate, it's intrusive, and there is danger of contamination. "Victims may feel uncomfortable,” said Wells - the defence's third witness - and they may even feel pressured by the presence of the police officers.
Wells explained this is the practise in Australia and in many jurisdictions. During the examination of complainant Mohd Saiful Bukhari Azlan, investigating officer Supt Jude Blacious Pereira was in the room along with the doctors inspecting Saiful.
Doctors must access patient's history
The doctors who inspected Saiful on the night he came to the Hospital Kuala Lumpur were Dr Razali Ibrahim, Dr Siew Sheue Feng, Dr Razuin Rahimi and Dr Khairul Nizam Hassan.
Replying to questions from defence lawyer Sankara Nair during examination-in-chief, Wells described the medical report filled by the Hospital Kuala Lumpur doctors as being inaccurate and ambiguous. He noted discrepancies and disparities between the HKL proforma form for sexual assault cases and the medical report of Saiful. While the form stated there was bleeding, the medical report says there was none.
Wells who had stayed in Malaysia for seven years' and his father had worked for first prime minister Tunku Abdul Rahman Putra, emphasised the importance of noting the history of a patient or victim.
“It allows doctors the time to assess the patient, the confidence (of the patient) and also records what the person tells you.
“It's an important (aspect) of documenting a patient-led process of what they uttered,” he said, adding that for sexual cases it is important to record the details, as it would be scrutinised by many people. Wells also noted it is important to record the bowel habits of a sodomy victim.
'Deficiencies in HKL report'
The witness described the HKL report on Saiful as deficient and inaccurate. “This follows the word no conclusive findings suggestive of penetration to the anus/rectum nor any significant defensive wounds on the body of the patient.
The word conclusive is 'misleading' and ambiguous.” “I would also not write a report with the presence of Male DNA types B5, B7, B8 and B9. I would not want to record if you want to interpret it.
Sankara: Is it (what is stated in the report) presumptive as well?
Wells: It is inaccurate, yes. He also expressed dissatisfaction when shown the HKL's proforma form on Saiful as he noted some portions are partially incomplete. He also found that in the proforma states there was bleeding but in the medical report by the HKL doctors it is stated otherwise.
Sankara: The proforma should be filled in properly.
Wells: It must be filled in to show all of the examination was done accordingly. I am puzzled by the crucial missing parts.
Sankara: Is contamination a real big issue in testing?
Wells: It is a real issue, as you always run into the risk of other DNA being there. That is why I asked that. The witness said that he does not prefer using a lubricant but would instead use sterile water, as this would prevent contamination, and the witness said it is not good to rely on a single DNA test.
Sankara: (So it's) not safe to rely on DNA evidence?
Wells: Yes, there can be other tests to back it up.
source:malaysiakini
Sampel DNA mungkin tidak bermaknaSemen from Saiful’s anus cannot be used as evidence, says forensic expert
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