(Malaysiakini) How is it that three cotton swabs retrieved from the rectum of sodomy
complainant Mohd Saiful Bukhari Azlan showed no sign of degradation when
tested some 100 hours later?
McDonald also explained that chemists Dr Seah Lay Hong was guilty of “guessing” in treating Saiful's sample, as there was no indication in her report where the sample originates and that he did not use the same numbering system employed by the doctors.
“We have to assume where the swab came from as this is not reflected in Seah's (right) report,” he said, adding Seah should verify where it came from in sodomy cases.
“It could come from a cigarette butt. Seah did not provide the information in the report. She has not reported anything on the sample whether it came somewhere or another.”
McDonald said Seah did not properly do the differential extraction process (DEP) test from the samples taken to resolve the issue of sperm and non-sperm cells.
This, he said, has to be done again and again until what is left are sperm and not other contaminants.
He said this has resulted in findings of Saiful's DNA in the rectum.
“That is the case of the complainant's semen is in his rectum,” he said, adding one cannot assume there is Saiful's sperm is in his own rectum initially but this had to be assumed following the results of the test.
“I would say Seah's evidence is a guess.”
Ram: Why is that?
McDonald: Because she did not slide on the receptacle and put it under a microscope to verify. That is only way to determine and if there is further, the process has to be repeated again to remove the contaminants.
Ram: Is it possible that there is Saiful's sperm in his anus.
McDonald: If she had done it properly, we can cut out on such a possibility. The sample taken cannot be relied on because (it contain Saiful's DNA).
Ram: Can we conclusively say that Saiful's sperm is not in his anus?
McDonald: No, she is guessing that there are other cells. She did not do the DEP test properly. The Male Y (allegedly Anwar's DNA) is predominant in B7 the low rectal swab. However, on the B8 (high rectal), Saiful's DNA was predominant.We cannot discount Saiful's sperm was up in his own anus, based on the result.
Anwar Ibrahim is charged with sodomising Saiful at the Desa Damansara condominium between 3.01pm and 4.30pm on June 26, 2008.
The trial continues from Sept 19 to 23 with McDonald's testimony.
This is the issue that is puzzling Australian DNA expert Dr Brian McDonald.
Describing
the findings from the three swabs marked B7, B8 and B9 from the high
and low rectal areas of the complainant as "pristine", McDonald (right) told the Sodomy II trial of Opposition Leader Anwar Ibrahim that this was "inconsistent with the history".
"This is because there is no sign of degradation and the samples are pristine," he said about the three samples taken from Saiful's rectum 56 hours after the alleged sodomy took place between 3.01pm and 4.30pm on June 26, 2008.
Saiful was examined by four doctors at Hospital Kuala Lumpur between 9pm on June 28 and midnight on June 29, 2008.
Investigating officer Supt Jude Blacious Pereira had earlier testified that the samples were kept in a drawer in his air-conditioned office and handed over to chemist Dr Seah Lay Hong at around 7pm on June 30, 2008.
Describing
the findings from the three swabs marked B7, B8 and B9 from the high
and low rectal areas of the complainant as "pristine", McDonald (right) told the Sodomy II trial of Opposition Leader Anwar Ibrahim that this was "inconsistent with the history"."This is because there is no sign of degradation and the samples are pristine," he said about the three samples taken from Saiful's rectum 56 hours after the alleged sodomy took place between 3.01pm and 4.30pm on June 26, 2008.
Saiful was examined by four doctors at Hospital Kuala Lumpur between 9pm on June 28 and midnight on June 29, 2008.
Investigating officer Supt Jude Blacious Pereira had earlier testified that the samples were kept in a drawer in his air-conditioned office and handed over to chemist Dr Seah Lay Hong at around 7pm on June 30, 2008.
Yesterday,
McDonald, 60, told the Kuala Lumpur High Court that the samples should
ideally be kept in a freezer at minus 20 degrees Celsius.
Questioned on the three samples by defence counsel Ram Karpal Singh, McDonald said the 'Male Y' DNA was prevalent in the low rectal swabs.
However, the witness noted, Saiful's DNA was prevalent in the high rectal swab.
"Hence, I cannot discount the possibility that Saiful's semen or sperm could have been up in the high rectal area, based on the tests," McDonald said.
"Furthermore," he added, "the three samples from the swab are pristine, although they should have degraded under the circumstances."
Another Australian expert witness, Dr David Wells, had testified earlier that he would not take samples from a sexual assault victim 36 hours after the attack.
McDonald had also testified that such a sample would be deeply degraded after 56 hours.
Saiful's semen sperm in anus?Questioned on the three samples by defence counsel Ram Karpal Singh, McDonald said the 'Male Y' DNA was prevalent in the low rectal swabs.
However, the witness noted, Saiful's DNA was prevalent in the high rectal swab.
"Hence, I cannot discount the possibility that Saiful's semen or sperm could have been up in the high rectal area, based on the tests," McDonald said.
"Furthermore," he added, "the three samples from the swab are pristine, although they should have degraded under the circumstances."
Another Australian expert witness, Dr David Wells, had testified earlier that he would not take samples from a sexual assault victim 36 hours after the attack.
McDonald had also testified that such a sample would be deeply degraded after 56 hours.
McDonald also explained that chemists Dr Seah Lay Hong was guilty of “guessing” in treating Saiful's sample, as there was no indication in her report where the sample originates and that he did not use the same numbering system employed by the doctors.
“We have to assume where the swab came from as this is not reflected in Seah's (right) report,” he said, adding Seah should verify where it came from in sodomy cases.“It could come from a cigarette butt. Seah did not provide the information in the report. She has not reported anything on the sample whether it came somewhere or another.”
McDonald said Seah did not properly do the differential extraction process (DEP) test from the samples taken to resolve the issue of sperm and non-sperm cells.
This, he said, has to be done again and again until what is left are sperm and not other contaminants.
He said this has resulted in findings of Saiful's DNA in the rectum.
“That is the case of the complainant's semen is in his rectum,” he said, adding one cannot assume there is Saiful's sperm is in his own rectum initially but this had to be assumed following the results of the test.
“I would say Seah's evidence is a guess.”
Ram: Why is that?
McDonald: Because she did not slide on the receptacle and put it under a microscope to verify. That is only way to determine and if there is further, the process has to be repeated again to remove the contaminants.
Ram: Is it possible that there is Saiful's sperm in his anus.
McDonald: If she had done it properly, we can cut out on such a possibility. The sample taken cannot be relied on because (it contain Saiful's DNA).
Ram: Can we conclusively say that Saiful's sperm is not in his anus?
McDonald: No, she is guessing that there are other cells. She did not do the DEP test properly. The Male Y (allegedly Anwar's DNA) is predominant in B7 the low rectal swab. However, on the B8 (high rectal), Saiful's DNA was predominant.We cannot discount Saiful's sperm was up in his own anus, based on the result.
Anwar Ibrahim is charged with sodomising Saiful at the Desa Damansara condominium between 3.01pm and 4.30pm on June 26, 2008.
The trial continues from Sept 19 to 23 with McDonald's testimony.
No comments:
Post a Comment