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 ©The
Sun (Used by permission)
by Husna Yusop
KUALA LUMPUR (Aug 18, 2008): The government tabled the long awaited
Deoxyribonucleic Acid (DNA) Identification Bill 2008 at the Dewan Rakyat for its
first reading today.
The bill, which provides for compulsory extraction of DNA under all crimes
covered by the Penal Code, is expected to be debated and passed at the current
meeting.
It seeks to provide for the establishment of Forensic DNA Databank, the taking
of DNA samples, forensic DNA analysis, the use of DNA profiles and any
information related to it and any matters connected therewith.
Speaking to reporters at the lobby after tabling the bill, Home Minister Datuk
Seri Syed Hamid Albar quickly quashed any talks that it was politically
motivated.
He said it has nothing do with the current sodomy charge being faced by Parti
Keadilan Rakyat advisor Datuk Seri Anwar Ibrahim who is contesting in the Aug 26
Permatang Pauh by-election.
"It is not politically motivated, and has nothing to do with Anwar. The
government has been working on this bill since 2001. It is ridiculous to
attribute it to political motives," he said.
Syed Hamid said the bill is not targeted specifically at any individual but to
record the DNA of every person who is charged in court or arrested.
"Suspects have to give their DNA samples compulsorily," he said, adding there
was no law at present on this aspect.
"What we are doing is introducing a law to regulate and govern the taking of
DNA. I don't think they (the opposition) should attribute a sinister motive to
it. If there is a case in court and you are not guilty why should you worry
about this bill," he said.
The bill which should has been tabled during the 11th parliament was delayed as
the government had wanted it to accommodate some of the rapid changes taking
place in the field of forensic study.
It also provides for punitive measures on those who refuse to give a
"non-intimate sample," refuse to allow such a sample to be taken or obstruct
anyone from taking a sample.
The bill defines "non-intimate" as pubic hair, sample taken from a nail or under
a nail, a swab from a non-private part and saliva.
It defines "intimate sample" as blood, semen, tissue or fluid taken from a
person’s body, urine or public hair or a swab from a person’s private parts.
Anyone who refuses to give a "non-intimate sample" will be liable to a fine not
exceeding RM10,000 or imprisonment for a term not exceeding one year or both.
However, the bill is silent on the type of punitive action to be taken on those
who refuse to give an "intimate sample."
The final draft of the bill was prepared by officials of the police, Chemistry
Department, the Attorney-General Chambers and Home Ministry.
Gobind Singh Deo (DAP-Puchong) said the bill does not have any retrospective
provision, therefore it cannot be used to extract any DNA samples from Anwar
compulsorily.
"From what I have read so far there is no such provision for the bill being
enforced at a retrospective date," he said in the lobby.
Earlier in the Dewan, the bill met with criticism from Lim Kit Siang (DAP-Ipoh
Timor) who claimed it was timed with Anwar’s contest.
However, Speaker Tan Sri Pandikar Amin Mulia asked Lim to raise the issues in
his debate later.
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Circular No 304/2008
Apart from this basically criminal law Bill being potentially prospective and not retrospective, are there any provisions that spell out the punitive measures for its abuse and misuse?
It may sound silly, but I believe that such provisions are called for to restore negative public perception among Malaysians, given our experience of its alleged misuse and abuse some years back.
Stephen Tan Ban Cheng