Pakatan Rakyat partner DAP is concerned that the controversial DNA Bills has been whipped out by the Umno-BN government for tabling in the Parliament without any amendements has voiced just as Opposition Leader Anwar Ibrahim’s sodomy trial is set to begin.
First introduced last year, the Deoxyribonucleic Acid or DNA Bill was shelved after huge public outcry that it invaded privacy and could be easily abused as it gave the government too much power over suspects.
“The DNA Bill was debated under a certificate of urgency as a matter of public interest but it seems public interest has changed and was not pursued. But now, 10 months later, it is back on the agenda,” said DAP MP for Ipoh Timur Lim Kit Siang.
Even when the DNA Bill was first tabled in August last year, it appeared to be timed for Anwar’s sodomy trial, which was then set to be mentioned in court.
According to DAP legal advisor Gobind Singh Deo, the Bill contains two clauses which are faulty and intentional so that old samples of Anwar’s DNA, extracted from his first sodomy trial 11 years ago, could be re-used to seek conviction in the current trial.
The Bill allows any existing DNA data held by the police to be deemed as part of a legitimate databank once the Act comes into operation.
Further, it also states that “any information from the DNA databank shall be admissible as a conclusive proof of the DNA identification in any proceedings in any court.”
“But it was proven that the samples from 1998 sodomy trial were contaminated. But this Bill may end up legitimising any previous data. So is this being passed simply to obtain conviction in Anwar’s case?” said Gobind, who is also the Puchong MP.
Gobind also said that the court should be given discretion on whether any DNA evidence brought before it is conclusive.
Meanwhile, Serdang MP Teo Nie Ching will be tabling a motion to amend the above clauses. She said DNA evidence in other developed countries was only used as corroborative evidence and not conclusive evidence.
“In the US, UK and Australia, many convictions were overturned as they found that the tests were faulty,” she said.
SK
19/06/09
First introduced last year, the Deoxyribonucleic Acid or DNA Bill was shelved after huge public outcry that it invaded privacy and could be easily abused as it gave the government too much power over suspects.
“The DNA Bill was debated under a certificate of urgency as a matter of public interest but it seems public interest has changed and was not pursued. But now, 10 months later, it is back on the agenda,” said DAP MP for Ipoh Timur Lim Kit Siang.
Even when the DNA Bill was first tabled in August last year, it appeared to be timed for Anwar’s sodomy trial, which was then set to be mentioned in court.
According to DAP legal advisor Gobind Singh Deo, the Bill contains two clauses which are faulty and intentional so that old samples of Anwar’s DNA, extracted from his first sodomy trial 11 years ago, could be re-used to seek conviction in the current trial.
The Bill allows any existing DNA data held by the police to be deemed as part of a legitimate databank once the Act comes into operation.
Further, it also states that “any information from the DNA databank shall be admissible as a conclusive proof of the DNA identification in any proceedings in any court.”
“But it was proven that the samples from 1998 sodomy trial were contaminated. But this Bill may end up legitimising any previous data. So is this being passed simply to obtain conviction in Anwar’s case?” said Gobind, who is also the Puchong MP.
Gobind also said that the court should be given discretion on whether any DNA evidence brought before it is conclusive.
Meanwhile, Serdang MP Teo Nie Ching will be tabling a motion to amend the above clauses. She said DNA evidence in other developed countries was only used as corroborative evidence and not conclusive evidence.
“In the US, UK and Australia, many convictions were overturned as they found that the tests were faulty,” she said.
SK
19/06/09
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