BN tables DNA Bill - Dewan Rakyat

The government has tabled the long awaited Deoxyribonucleic Acid (DNA) Identification Bill 2008, and it is expected to be debated and passed at the current meeting.

Home Minister, Datuk Seri Syed Hamid Albar quickly quashed any talk that the bill was politicallly motivated.

He said it had nothing do with the current sodomy charge being faced by de factor opposition leader Datuk Seri Anwar Ibrahim.

"Suspects have to give their DNA samples compulsorily," said Syed Hamid in the lobby after tabling the bill for first reading yesterday.

"It is not politically motivated and has nothing to do with Anwar Ibrahim. 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.
He said the bill covered the extraction of DNA under all crimes covered by the Penal Code.

"There is 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 was to have been tabled during the 11th parliament was delayed as the government had wanted the bill to accommodate some of the rapid changes taking place in the field of forensic study.

Apart from providing for compulsory extraction of DNA, the bill 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.

The bill also provides for punitive measures on those who refuse to give a "non-initmate 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.

The bill 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".

Opposition member, Gobind Singh Deo (DAP-Puchong) said the bill did not have any retrospective provision, which simply meant it could not 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.

The final draft of the bill was prepared by officials of the police, Chemistry Department, the Attorney-General Chambers and Home Ministry.

Excerpt from http://www.nst.com.my/Current_News/NST/Monday/Frontpage/20080818124150/Article/index_html