Aussie expert does not rule out tampering

Teoh El Sen | September 19, 2011

In response to a question, DNA specialist Dr Brian Leslie McDonald tells the High Court that the samples taken with regard to the Sodomy II trial may have been tampered with.

KUALA LUMPUR: DNA samples retrieved from complainant Mohd Saiful Bukhari Azlan and from a towel used by Anwar Ibrahim were possibly contaminated or even tampered with, the Sodomy II trial heard today.

Australian DNA specialist Dr Brian Leslie McDonald, when quizzed by defence lawyer Ram Karpal Singh, said that he could not exclude that possibility.

McDonald testified that there appeared readings of “mixed” DNA samples which indicated the possibility of another “third” individual.

However, he added, local chemists Dr Seah Lay Hong and Nor Aidora Saedon had failed to report that fact, and verify it with further tests.

“Contrary to their own lab guidelines, they should have done further testing on the DNA samples. That was not done, they ignored the presence of those alleles.

“Therefore their interpretation of the DNA readings were not objective,” said the consultant molecular geneticist.

McDonald agreed that the possible “contamination” could have come from a lab officer or a policeman who handled the samples.

He also agreed when Ram Karpal asked if it could also mean that the samples might have been tampered with, saying: “That cannot be excluded”.

Seah had worked on the DNA samples collected from Saiful’s anus while Nor Aidora on samples taken from Anwar’s lock-up.

Their collective evidence had confirmed that there was a match of a sample called “Male Y”, which was one of the most vital points in the prosecution’s case in their attempt to show that Anwar did in fact sodomise Saiful.

‘Chemist’s conclusion mere guess work’

McDonald also condemned Seah’s work on DNA samples taken from Saiful, saying that her conclusion to have found sperm was mere guess work as it could have readily been cells from saliva or even blood.

He also said that there is no evidence whatsoever to support the prosecution’s assertion that DNA from “Male Y” had actually come from sperm cells.

The DNA could have been from any type of cells including saliva, blood or skin cells, he testified.

Asked by Ram Karpal to comment on whether the prosecution had successfully proven that DNA profiles taken from Male Y were from sperm cells, he said: “There is no evidence presented in this case which allows the prosecution to draw that conclusion.”

“We don’t not know what types of cells the samples were taken from,” said McDonald, the consultant molecular geneticist, who has been highly critical of Seah and Nor Aidora since he took the stand before the Hari Raya break.

He alleged that the two had been making numerous “assumptions” which were scientifically “wrong” in their analysis of DNA samples in the case.

Seah had worked on the DNA samples collected from Saiful’s anus while Nor Aidora on samples taken from Anwar’s lock-up. Their collective evidence had confirmed that there was a match of a sample called “Male Y”, which was one of the most vital points in the prosecution’s case in their attempt to show that Anwar did in fact sodomise Saiful.

The hearing continues.

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