[2011] 7 MLJ
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Public Prosecutor v Muhammad Rasid bin Hashim
(Abang Iskandar J)
877
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.’ (Emphasis added.) But
as I had said, there was no such assertion in D64 that the accused had an
identical twin sibling and as such, the matter on the findings on the various
match-ups of the DNA profiles of the accused and the deceased by SP8
therefore, in all fairness, ought to end there and be viewed as conclusive on the
matter. Neither was it suggested to SP8 during his cross-examination by
learned counsel that Roslan’s DNA profile was present on any of the
incriminating exhibits via the analysis by SP8 of them especially on P10B (the
electric iron) and the bloodied raffia string. If it is to be recalled, the SP8 had
said that DNA profiling done by him on specimens retrieved from these two
exhibits had yielded mixed DNA profiles contributed specifically by the
accused and the deceased only, which to my mind, effectively means that there
was definitely no other person was concerned with them.
[46] In the case of Munusamy v Public Prosecutor [1987] 1 MLJ 492 [SC]
learned Justice Mohd Azmi SCJ had said that unless the evidence of the
chemist was inherently incredible or the defence called evidence in rebuttal by
another expert to contradict the opinion, the court was entitled to accept the
opinion of the expert on its face value. I had found that there was nothing
inherently incredible about the evidence of SP8 on his findings on the DNA
profiling on the specimens analysed by him. And I noted too that there was no
serious challenge mounted by the defence on the methodology as employed by
SP8 in the course of his DNA analysis and definitely there was no introduction
by the defence of rebuttal evidence of another expert to contradict SP8’s
opinion. In the absence of any credible challenge or rebuttal evidence to
counter the credible scientific observations and findings given by SP8
forthcoming from the accused, the former’s (SP8’s) evidence had not been
dislodged, let alone effectively rebutted and therefore, must be accepted as such
by this court.
[47] It is to be recalled that the pathologist (SP5) had also been of the
considered view that the death could also had been caused by the breaking of
the ‘hyoid’ bone in the neck as a result of the deceased having been choked or
strangled. The analysis of the chemist (SP8) on the exhibits sent to him did not
yield any discovery of any other male person’s DNA profile on them apart from
that which had originated from the accused. As such, the allegation contained
in D64 that Roslan was present during the incident and the irresistible
suggestion, though not in so many words in D64, that Roslan could be
involved in the fatal attack on the deceased, was entirely baseless and could not
be supported by the evidence as borne out by the DNA profiling as developed
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