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[2011] 7 MLJ
and analysed by SP8 on the exhibits. Such insinuation by the accused was a
mere creation by him indeed and it had not cast any reasonable doubt on the
prosecution’s case. The DNA profiling had which had remained
uncontroverted, had effectively eliminated Roslan’s involvement in his case.
Instead, from the independent evidence of SP8, the DNA profiles originating
from the accused person had been found on most of the incriminating exhibits
found by the police forensic team (CSI team) at the crime scene. In other
words, the evidence had thus far shown that there had been quite a generous
sprinkling of the accused’s genetic fingerprints having been found to have been
mixed with those of the deceased which inevitably must be taken, and
justifiably so I must add, as damning against him.
[48] Learned counsel had also contended that the failure by the prosecution
to produce fingerprints of the accused must necessarily be fatal against the
prosecution. A short shrift to that can be found in the speech by Justice Chong
Siew Fai CJ (Sabah and Sarawak) in the case of Pendakwa Raya v Mansor bin
Mohd Rashid [1996] 3 MLJ 560 (FC), where he was of the considered view that
if they already existed sufficient positive evidence of the accused’s identity, then
the need for fingerprint evidence would not necessarily arise. In today’s world
of advanced forensic science, positive identification on a person can be
achieved by way of techniques other than the ‘traditional’ mode of physical
fingerprint uplifting and the comparisons made thereafter. Indeed, in the light
the advent of DNA profiling technique, I ought not to be faulted if I were to
offer the view that fingerprinting as the preferred mode of detecting criminals
in and investigation, may well have past its heyday. In certain cases, in the
absence of any other positive evidence relating to the identification of an
accused person, fingerprint evidence may indeed prove to be critical and even
conclusive in establishing as a fact such identity. But it is not in all criminal
cases that the law of the land casts the obligation on the prosecution to adduce
fingerprint evidence without fail. In this case, the presence of the
overwhelming evidence in the form of positive mixed DNA profile match-up
between the accused and the deceased, as per the uncontroverted testimony of
SP8, has rendered the absence of physical fingerprints of the accused rather
inconsequential, to say the least. There is also the evidence of SP11, Encik
Sukri Palatturi, the off-duty security guard who said that he saw the accused at
the staircase near the front area of the apartment unit in the afternoon of the
date in question and so near in point of time to the time stipulated in the
preferred charges against the accused, where the deceased was staying then with
her friends Nurhanani Abdul Halim (SP3) and Zalina be Aziz (SP4). The piece
of evidence which this court had accepted, as an established fact, had enhanced
the high probability that the accused was indeed with the deceased during the
time as stipulated in the said two charges. I therefore could see not much merit
in the contention raised by learned counsel in that regard. On the contrary,
when read and taken together, the uncontroverted evidence of SP8 (the
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