Anwar can challenge DNA evidence in sodomy trial

(The Malaysian Insider) KUALA LUMPUR, June 25 — An amendment to the DNA Bill two days ago in Parliament means that any genetic data introduced in Datuk Seri Anwar Ibrahim's sodomy trial can be challenged.

A clause stating that "any information from the DNA databank shall be admissible as conclusive proof of the DNA identification in any proceedings in any court" was dropped.

Pakatan Rakyat (PR) had painted the DNA Bill as a ploy to convict Anwar based on what it claims are questionable DNA samples in the trial as the law was initially tabled last year when Anwar was first charged and now being revived just before the trial commences on July 8.

This was due to another clause stating that any existing DNA profile shall form part of the DNA databank.

This would include evidence from Anwar's first sodomy trial 10 years ago, which was expunged from court proceedings due to tampering, and a sample taken last year when the former deputy prime minister was arrested for the current sodomy allegations, although Anwar insists that it was taken against his will due to fears of more tampering.

But with DNA evidence not considered conclusive, Anwar can at least argue the merits of such evidence.

It is unlikely that the law would be gazetted in time for the start of the trial as the Dewan Negara only sits on July 6 before the King approves it.

But the trial is expected to drag on for many months as it has already been delayed for a year and the DNA Bill should come into effect while the trial is ongoing.

"It avoids a mockery of justice, not just in Anwar's case but any court proceeding," PKR vice-president R. Sivarasa, a member of Anwar's defence team, said of the amendment.

The opposition has insisted that DNA should only be used as corroborative evidence and not conclusive proof as is the practice in developed countries.