876
Malayan Law Journal
[2011] 7 MLJ
inference that could be drawn namely that the electric iron was perfect and was
not in any way broken or that the white wire cord was not discoloured when she
last saw it before this incident. This court had seen that mixed DNA profile
attributable to the accused and the deceased had been recovered from that
handle to P10(B) and the irresistible inference that ought to be made from that
circumstance.
[45] While I am still on the matter of human stains and DNA profiling and
findings, from the objective conclusions arrived at by the chemist (SP8), it is
my finding too, that at the time of the deadly assault perpetrated by this
accused on the deceased, the accused was alone. In other words, as no traces of
Roslan’s DNA was profiled from the human stains retrieved from the person of
the deceased or from the specimens retrieved from the various exhibits
recovered at the scene of crime, the accused’s version in D64 that when he came
to, he saw Roslan standing by the deceased who was lying on the mattress on
the floor, could not, in all probabilities be sustained. Although D64 did not say
expressly that Roslan must have been the person responsible for having caused
the head injury suffered by the deceased, nevertheless the insinuations were
there and were all too clear to be missed. Looking at D64, apart from it saying
that Roslan was at the scene of the crime, this court was not able to see anything
contained in it that could rebut the evidence of SP8 and SP5. These witnesses
have been independent witnesses and from their objectively and scientifically
observed facts, there was nothing to suggest that their resultant findings and
observations had been actuated by some oblique motive against the accused in
this case. They had just reported to this court what they saw in their laboratory
or on the autopsy table. The evidence of the chemist SP8 had clearly exonerated
Roslan, because pursuant to the DNA analysis done by SP8, there was no
matching of Roslan’s DNA profile developed from his blood sample marked
‘E25’ with any DNA profiles developed from the numerous samples sent by the
police, particularly, those specimens marked as ‘E6’ which had been established
by SP8 as having emanated from the deceased. On the contrary, the chemist
SP8 had found in the course of his DNA profiling and analysis of a pattern of
result that had pointed to the presence of only the matching of DNA profiles
attributable to their respective contributing sources, identified as the accused
and the deceased. I had enumerated the findings of SP8 in the course of this
judgment in extenso when appreciating the evidence led by the prosecution at
the end of its case, when touching on the testimony of this particular witness
(SP8). I shall therefore not repeat them here, but suffice it is for me to say that,
by and large, the accused’s D64 had not rebutted SP8’s evidence. It was not
stated in D64 that the accused had an identical twin. If there was one such
identical twin, then in view of SP8’s final conclusion, the latter’s preceding
findings on the matchings of the DNA profiles between the deceased and the
accused must indeed be open to much scrutiny, even speculation. In that
regard, SP8 had said, and I quote his evidence: ‘When there is a match
obtained, it indicates almost 100% certainty, though in science, theoretically
A
B
C
D
E
F
G
H
I
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents