864
Malayan Law Journal
[2011] 7 MLJ
SP5, the pathologist, from the outer vulva (‘private part’) of the deceased. Lest
one forgets, the DNA profile developed from blood specimen marked ‘E24’
was contributed by the accused and which had matched with the DNA profile
developed from the specimen from the swab marked ‘E15(e)’ by the SP8. Apart
from that, the SP8 had also found a mixed profile from analysis of specimen
marked as ‘E15(g)’(P22L) which was retrieved by SP5 from the private part of
the deceased described as ‘high vagina’. The reasonable inference that could be
derived from these circumstances must be that the accused had penetrated the
private part of the deceased and had ejaculated his sperm inside her. With
regard to the strangulation that had caused the breaking of the hyoid bone of
the deceased, SP5 had said: ‘Patahnya tulang hyoid ini agak flexible. Cekekan
tidak semestinya meninggalkan bekas cekekan di kulit leher. Tetapi dalam kes ini,
gambar P6(X) menunjukkan satu kecederaan cakaran di tempat no10 dalam
gambar itu, di mana kemungkinan si mati cuba melepaskan genggaman cekekan
di lehernya oleh penyerangnya.’ From the kind of injuries sustained by the
deceased as described by SP5 and as could be seen from the various
photographs as alluded by me, as well as the presence of signs of a struggle
having taken place in the room, the only reasonable inference that could be
deduced therefrom must be a prima facie indication of the non-consensual
sexual intercourse between the accused and the deceased.
[28] Then of course there had been the evidence of the government chemist
(‘SP8’). His evidence is entirely independent in the sense that he was not an
eyewitness neither did he go to the scene of the alleged crime. He just received
the various exhibits sent by the police of analysis. He had made findings on
DNA profiling developed from blood specimens, namely ‘E24’ (accused),
‘E16’ (deceased) and ‘E25’ (Roslan). Throughout his evidence in this court, he
had found matching DNA profiles from the mixed profile as being attributable
to the accused and deceased as the male and the female contributor on, among
others, raffia string (‘E5’) and electric iron (P10B) and swab from sheath
marked ‘E4’. Similar mixed DNA profiles findings were also made on the
handle of the electric iron, sweat swabs retrieved by SP5 from the deceased’s
chest and high vagina. But, on the other hand, the SP8 had found that there
was no matching profile developed for Roslan’s DNA profile with any of the
DNA profiles developed from the many specimens retrieved from the
deceased’s body nor from the numerous items or exhibits at the crime scene. It
would be useful to reproduce verbatim to some extent, SP8’s findings as
adduced in this court. Instead, all the mixed DNA profiles developed from the
various specimens were attributable to only one male contributor and one
female contributor, namely the accused (‘E24’) and the deceased (‘E16’),
respectively. This is what the chemist SP8 had found in the course of his DNA
profiling and analysis of the various specimens sent to him for analysis and
matching of the developed profiles found on the items from which the said
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