874
Malayan Law Journal
[2011] 7 MLJ
rebut the prima facie case established by the evidence led by the prosecution,
and two, whether such evidence had created a reasonable doubt on the
prosecution’s case.
[43] Looking at what now existed before this court, the answer to the first of
the two questions must be in the affirmative. It came in the form of D64, the
unsworn statement of the accused. But the answer to the second question, to
my mind, could only be ascertained after this court had given due appreciation
to D64, as required by the law. I must bear in mind the true nature of D64 as
materials properly admitted for consideration by this court. In the case of
Mohamed Salleh v Public Prosecutor [1969] 1 MLJ 104, the Federal Court in
Singapore had ruled, among others, that although a statement made by the
accused person is not a sworn statement, jurors could attach such weight as
they think fit and that the jurors should take into account in deciding whether
the prosecution had proven their case. In the case of Mohd Abbas bin Danus
Baksan v Public Prosecutor [2006] 3 CLJ 880, Gopal Sri Ram JCA (as he then
was) had said that ‘We must treat a direction by a judge of himself in the same
way as a direction to a jury’. So, that has to be the way in which this court ought
to regard D64 and then to likewise approach it in the context of the whole case.
I then would subject the resultant product of such appreciation to the test as set
out by Justice Suffian J (as he then was) in the case of Mat v Public Prosecutor
[1963] MLJ 263 and look to see whether the accused had succeeded in raising
a reasonable doubt on the prosecution’s case.
[44] In order to properly appreciate that unsworn statement made by the
accused from the dock (D64) it ought not however, to be considered in
isolation. Rather, it must be juxtaposed side by side with the evidence led by the
prosecution witnesses. In so doing, the court must also consider the inherent
credibility or otherwise of such statement as contained in D64. This court must
also compare it with the credible evidence led by the prosecution especially in
the light of the DNA evidence of the government chemist, namely Encik
Primulapathi Jaya (SP8) who has over 30 years of experience of doing forensic
analyses in his laboratory at the government chemist department. He is an
independent witness and if find no reason whatsoever to doubt the integrity of
his evidence which basically had consisted of the objective interpretation of
what he had observed in his laboratory when he analysed the numerous
exhibits pertaining to this case which were sent to him by the police. I have
found SP8 to be a credible witness. In his evidence before me, SP8 had testified,
among others, that he had upon due analysis, found the blood stain specimen
marked as ‘E16’ to belong to the victim in this case, namely the deceased Siti
Zawiah bte Sudin. He had also found that the blood specimen marked ‘E24’ to
have belonged, upon analysis, to one male contributor namely, Muhammad
Rasid bin Hashim, the accused person in this instant case. In this case, the
chemist (SP8) had found that the probability that the DNA profile that had
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