The defence in the Anwar Ibrahim Sodomy II trial has put forward the possibility of the DNA from up to 10 men, including that of Mohd Saiful Bukhari Azlan, being found from the victim’s anus.

The defence put this possibility to Chesmitry Department DNA specialist Dr Seah Lay Hong during cross-examination today, who agreed with the possibility.

NONE Seah ( right ) had told the court that two items of equipment were used, namely the DNA View and the Applied Biosystem Genetic Analysis machine, to help her in her analysis.

Lawyer Ram Karpal brought up this matter when cross-examining Seah  on her Chemist’s Report marked as evidence.

Looking at the B5 swab (peri-anal) in question under the STR locus D8S1179, she deduced that the loci (look in the table at page 6 ) from the non-sperm extract has a reading (allele) of 12, 13, 14, 15.

She derived the conclusion that 12 and 13 came from Saiful’s DNA, the number 15 to be that of Male Y and 14  from another unidentified male.

When asked by Ram on the possibility of DNA from 10 different combinations or persons coming from the four numbers, Seah agreed with the possibility.

“From the locus it could be 12, 14 a person; 14, 15 another person; 13 and 15 another; and 12 and 15 another person; and so on?” asked Ram.

“Yes it can come from the different permutations,” replied Seah.

Ram said if this is so, it can come from 10 people, to which the witness replied again was a possibility.

However, Seah said at face value it would seem so, but the results would have to be read as a whole and not solely on one loci (the the whole table at page 6 ).

The chemist said she based her finding in comparison to the semen stain retrieved from Saiful’s trousers and blood sample, and not to anything else.

Seah said she compared her finding with a statistical probability in deriving her finding and conclusion.

The witness also told the court that for the Applied Biosystem Genetic Analysis, the department had used a software periodically maintained by three engineers.

She stated that she was quite proficient in the software, for which she possesses a certificate, but was no expert.

Admissability of DNA chart

Earlier, an agument broke out between the prosecution and defence on the admissability of a DNA chart.

This is because the results were computer-generated, and senior lawyer Karpal Singh said anything computer-generated could not  be admitted at face value.

Karpal said it would be all right for the prosecution to admit the chart after it re-examines the witness, as Seah had not undergone cross-examination. as yet

Solicitor-general II Mohd Yusof Zainal Abiden said admitting the chart should not be a problem as it could be subjected to cross-examination.

In the end High Court judge Justice Mohamad Zabidin Mohd Diah allowed the chart to be admitted as evidence subject to cross-examination.

NONE The proceedings ended early as the defence swanted to inspect the exhibits, comprising the nine cotton buds, blood sample and Saiful’s clothing.

Semen stains were found on Saiful’s black trousers and green underpants.

Seminal fluid was found on four cotton buds retrieved from Saiful’s anus, namely one from the peri-anal area, two from the high-rectal area and one from the low rectal area.

The peri-anal swab contains the three male DNA readings, including that of Saiful and “Male Y”.

Bound by guidelines

In the afternoon, Seah, who is the fifth prosecution witness, testified that her department follows strict guidelines as it is bound by international quality control standards and forensic guidelines.

Seah said the department also has its internal guidelines to ensure it abides by the required standards as their work is a tightly regulated field.

The witness also agreed that Saiful’s DNA blood sample was used as a reference specimen but denied that it had caused bias or influenced her in her decision.

Ram asked, “You relied heavily on that information and there was a possibility of you being influenced by the information which was given to you.”

“Yes I used the reference sample in B10 (Saiful’s blood sample) but I am not influenced by it. It is used as a reference,” she said.

She also revealed in court that it uses the DNA View and the Applied Biosystem Genetic Analysis machine which is 10 years old.

“It uses a Gene Matter software which is regularly updated,” she said.

Asked by Ram when it was last updated, she said it was in 2007/ 2008.

The witness said although the manufacturer and software providers have their own set of written guidelines, the lab can adopt its own guidelines as recommended by the International Society of Forensic Genetics of which she is also a member.

Seah also revealed that the department also has specific guidelines if the DNA was mixed as in this case.

She agreed that dropout will occur in DNA sampling and there will be what is termed as a “T-value” threshold value whose charts are available and used in her analysis.

However, Ram complained that the chart was not provided to the defence, resulting in McDonald being unable to refer to it.

Prosecution did not address B8 and B9 swabs

It is interesting to note that during the examination-in-chief earlier today by DPP Noorin Badaruddin, she did not address the cotton buds marked B8 and B9.

Yesterday, she stopped her line of questioning at B7.

B8 concerns the high-rectal swab where Saiful’s DNA and "Male Y" DNA were found, while B9 is the lower rectal swab where both DNAs were also found.

DPP Noorin only focused her line of questioning on the electropherogram chart which was printed by the Applied Biosystem Genetic Analysis, which was tendered as evidence.

There was no reference made by the defence on a strand of pubic hair found, which has been tendered as evidence.

The chemist’s report states that the hair has no “DNA profile”.

Chemistry Department report