WHAT WE OUGHT TO KNOW ABOUT DSAI’S DNA

To many of the public, it would be a standard procedure for all new cases of this nature, what’s the big huh hah by DSAI in not giving his DNA. DSAI submission to the Police procedure would facilitate the conclusion of the Police investigation.

1. My Perception
My perception is that the DNA of the earlier sodomy case, although could be still available and valid, was for that specific case and therefore treated as a separate issue. To use the old sample would provide DSAI with further excuse to link the Police Department of a conspiracy and knowing DSAI, he just want that to illustrate a political conspiracy.

2. Expert’s Validity of DNA
Perhaps certain people have been greatly influenced by the CSI series in making their judgment in supporting that a new DNA sample is not required. According to a Dr Syahril Abullah, a medical scientist trained in molecular medicine (The Sun, pg 4 Tuesday 22 July 2008), there are procedures whereby the DNA can be preserved indefinitely. He also gave some possible reasons why a new specimen is required, But a vital procedure is a procedure and DSAI can exempt himself being a person above the law.

Earlier, PM made a mistake about the validity of the age of the earlier DNA, the press should correct him. PM is used to flip flopping because he doesn’t know the facts, so what’s the big deal in reporting PM’s mistake, otherwise the issue would be continually misled.

3. Possible Contribution of US and other foreign interference
Shouldn’t the US, Japan or other interested foreign parties who have been showing concern about DSAI’s welfare request DSAI to go for a DNA test in proving his innocence? Perhaps the US and the others doesn’t bother about our rule of law, there’s too much at stake on their protégé. But if the US does not bother about our rule of law, why should we be with theirs. Thus there’s justification to refute the interferences of these foreign parties.

4. Making Conditional Demands
Making conditional demands before undertaking a DNA test is merely protracting the issue as well as to discredit the Police force, again to link the new sodomy investigation with the old among. The demands include how he, with a back problem, could have sodomised a healthy 23-year-old youth, where the alleged sodomy took place and who were the witnesses. Thus, he wants a copy of the Police Report on the sodomy allegation against him. Some human rights group have come out demanding the Police to disclose the contents of the said Police Report irrespective the Police have provided the regulations justifying the non-release of the Police report before a charge is made.


5. Police Next Move
The Police is said to be considering getting a court order to procure the DNA test but may be restricted to do so due to a matter of law. Perhaps it’s best that the PDRM secure competent legal advice or even the services of specialised psychiatrists in ensuring that every angle of risk is mitigated before making the next strategic move.

6. The Victim’s Family’s Request
The Family of the victim has come forward requesting that DSAI provide his DNA to enable the Police to complete the investigation. The young victim’s family is just a normal Malaysian family unlike that of the high profile of DSAI. The question arises again - is DSAI above the law because he is the PM in waiting on the issue of his DNA?

7. Is DSAI a sodomite?
If a simple public citizen like me could suspect his false intentions in providing his DNA, what about the majority? Thus DSAI is beginning to slip and the more he drags the issue of not taking the DNA test, the guiltier or lost of credibility he is being perceived.

Many tend to believe that DSAI was released from jail of sodomy charges because he was found not guilty.

Lets look at the essence of judgement of the Federal Court.
The nine year conviction by High Court Judge Ariffin Jaka on 8 August 2000 was over turned by a three man Federal Court panel on 2 September 2004.

The 3 judges unanimous agreed on the following

"Even though reading the appeal record, we find EVIDENCE TO CONFIRM that the appellants (Anwar dan Sukma) were involved in homosexual activities and we are more inclined to believe that the alleged incident at Tivoli Villa did happen sometime, this court, as a court of law, may only convict the appellants if the prosecution has successfully proved that the alleged offences as stated in the charge, beyond reasonable doubt".

However, the majority decision reached at:
“The testimonies of one Dr. Mohd Fadzil and one Tun Haniff and the conduct of the first Appellant (ie Anwar) confirmed the appellants’ involvement in homosexual activities. However such evidence did not corroborate Azizan’s story that the appellants sodomised him on the date, time and place specified in the charge.”
Additionally, the majority also held:
“even though reading the appeal record, we find evidence to confirm that the appellants were involved in homosexual activities and we are more inclined to believe that the alleged incident at Tivoli Villa did happen, sometime, this court, as a court of law, may only convict the appellants if the prosecution has successfully proved that the alleged offences as stated in the charges, beyond reasonable doubt.”

THUS THE FEDERAL COURT HAS DETERMINED THAT DSAI and SUKMA WERE INVOLVED IN HOMOSEXUAL ACTIVITIES. AS SUCH, DSAI IS CAPABLE OF REPEATING THE DEROGATORY ACT RE HE HAS BEEN DETERMINED BY THE FEDERAL COURT TO BE A SODOMITE.


8. DNA EVIDENCE

The details of the DNA in Sodomy Part 1 was brought to the court and deliberated and reported in the national newspapers on the last day of 1998, perhaps most of us were enjoying our new year that the report did not attract our attention.

Some points are extracted from the press report is as set out below.

Based on DNA tests on the famous mattress, the semen found belonged to DSAI and Shamsidar Taharin, wife of the Mohd Azmin Ali and another male.
A number of the semen was the result of sexual activities between DSAI and the wife of Mohd Azmin Ali.

I do not want to dwell further on the said DNA reporting but it does surprises me that the wife of PKR’s present right hand man was proven to have sexual relations with DSAI. I wonder if this was among the reason at one point in time that Datuk Wan Azizah, wife of DSAI, wanted to proceed against her husband at the Shariah Court.

I also wonder whether Datin Wan Azizah and Mohd Azmin Ali truly believe that DSAI is not highly extra sexed as perceived by some and therefore could possibly commit the sexual crime of sodomising the young Saiful as old habits die hard.