866
Malayan Law Journal
[2011] 7 MLJ
When there is a match obtained, it indicates almost 100% certainty, though in
science, theoretically there cannot be a 100% certainty. Further, the match
probability obtained in respect of both the identified male and female DNA
profile to be a rare profile, consistent with my conclusion that each could only
have originated from those identified individuals, unless of course if there is an
identical twin, because identical twins have the same and exact DNA profile.’
[29] Suffice it is for this court to say that findings by SP8 can only be said to
be definitive as to the DNA profile match-ups and they had pointed to the
presence only of the DNA profiles attributable to sources identified as the
deceased and the accused. I have no reason to doubt the accuracy of his
findings, nor the propriety of the methodology, namely the polymerase chain
reaction (‘PCR’) technique, which he had employed to develop those DNA
profiles from the various identified specimens he had received from the police
for analysis. He had testified before me that his area of specialisation at the
government Chemistry Department, Petaling Jaya, had been DNA profiling
analysis and that he had done thousands of such analysis throughout his career
as a government chemist. He had explained too that ‘DNA’ stood for
deoxyribonucleic acid, a hereditary component found in cells in a human body
and that each individual person has a unique DNA profile unless he or she has
an identical twin or triplet as sibling(s). Neither did I notice any particularly
sustained objections coming from learned counsel on the methodology
undertaken by SP8. Based on SP8’s qualifications and vast and long experience
in this specialised branch of scientific study, I had no difficulty in treating him
as an expert witness on DNA profiling and its related areas. I had also therefore
no difficulty in accepting his independent testimony as adduced before this
court by him as credible. In essence, his evidence had to as very far extent,
established the very crucial factum, namely that the accused was present at the
scene of these crimes, which includes the body of the deceased as this case involved an
alleged offence of rape of the deceased. There have been authorities saying that in
a case of rape, the scene of the crime includes the very corpus of the victim.
Looking at the probability that the DNA profiles of the accused might be the
same as that of another Malay male, namely at 1 in 110 quintillion, such
probability can only be surmised as very remote, if not totally impossible. It
must be noted that it was never suggested to the investigating officer (SP17)
neither to SP8 that the accused had a twin brother. As such, the presence of the
accused at the scene of crime had been satisfactorily established through the
presence of his genetic fingerprints on the critical items found at the scene,
although from the evidence adduced, apart from the evidence of SP11, who
said he saw the accused and the deceased at about 2.30pm on that day, nobody
had seen both of them inside SP4’s room when these offences were committed.
[30] Learned counsel had contended that from the reading of the testimony
of Lance Corporal Malik Basiron (‘SP18’), there was no mention of Roslan
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