[2011] 7 MLJ A B C D E F G H I Public Prosecutor v Muhammad Rasid bin Hashim (Abang Iskandar J) 867 having been sent to hospital together with the accused to get his blood specimen for DNA profiling. In all fairness, this contention must need be given its due attention and focus by me. First, one must look at the evidence of the ASP Mohd Ridzuan, investigating officer (‘SP17’) which had shown that he had ordered that Roslan be sent together with the accused for that purpose. In this regard, SP17 had said: ‘Nama Roslan telah ditimbulkan oleh OKT, saya setuju. Saya telah siasat lokasi dia bekerja semasa kejadian, pengakuan dia dan ujian DNA darah daripadanya. Saya ingat ada arahkan dia pergi buat pemeriksaan oleh doktor, bersama-sama OKT, di Hospital Selayang, tapi saya tidak ingat nama doktor. Dia dieskot oleh anggota polis ke Hospital Selayang bagi tujuan itu.’ (Emphasis added.). The doctor was SP14, Dr. Farina bte Mohd Salleh who, in this regard had said: ‘Saya tidak ingat ada atau tidak orang lain dibawa oleh Abdul Malik selain Muhammad Rasid berjumpa dengan saya.’ (Emphasis added.) According to SP17, he had sent the accused to Selayang Hospital on the 20 March 2006 for that purpose and had on the same day, received three bottles of blood specimens belongings to the accused, Roslan bin Hassan and Fairusa Sani. This evidence was supported by the evidence of the chemist SP8 who had received, among the many exhibits from the police for his analysis, a test tube marked ‘E25’. He said: ‘On the 5 April 2006 at 2.30pm, I received from Norazeelah (his colleague), three test tubes marked ‘E24’, ‘E25’ and ‘E26’ all sealed ‘Hospital Selayang’. Later, in his conclusions on his findings, SP8 had said that the DNA profile that he had developed from ‘E25’ had come from the specimen in test tube marked ‘E25’ bearing the name of Roslan. It is to be recalled that Lance Corporal Abdul Malik Basiron (‘SP18’) had escorted the accused on the 20 March 2006 to Hospital Selayang. He had received the tube containing blood specimen which he identified in this court bearing the name ‘Muhammad Rasid’ from the hospital and handed it to the investigating officer and was later marked as ‘E24’. According to the investigating officer (‘SP17’) he had instructed Sarjan Mustapha Amran bin Abdullah (‘SP19’) to send to the chemist department, exhibits consisting of blood specimens for DNA analysis and profiling and matching, as enumerated in form Pol 31 which had been marked as P41 in this court. In his own words, SP17 had said: ‘Sample darah OKT adalah salah satu daripada sample yang dihantar.’ The said request form Pol 31 (‘P41’) was concerned with three test tubes and the three test tubes sought to be analysed by the chemist were ‘E24 — Tiub mengandungi darah suspek, Muhammad Rasid bin Hashim, Kpt: 801001-05-5207. E25 — Tiub mengandungi darah saspek, Roslan bin Hassan, Kpt:871007-14-5645. E26 — Tiub mengandungi darah saspek, Fairusani bin Munir, Kpt: 770124-14-5131’. (Emphasis added.) In factct, the evidence of Sgt Mustapha Amran (‘SP19’) himself had clarified that matter beyond any doubt when he testified that he had labeled the various plastic tubes that contained the blood specimens on instructions of SP17 before the same were sent to the Chemistry Department at Petaling Jaya. He had said among others, that he had labeled the plastic tube containing the accused’s blood specimen as ‘E24’. He had labeled the blood specimen of Roslan as ‘E25’ and that of Fairusani