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Aussie Expert Questions Handling Of Crime Scene
By Rol Ezam & Ignatius Stephen

Bandar Seri Begawan - An Australian DNA expert has strongly questioned the local method of collecting blood samples and other evidences at the scene of crime.

Mr Brian Leslie McDonald, a consultant Molecular Geneticist working on DNA testing for forensic and diagnostic matters, was giving evidence in the Brunei High Court yesterday during the trial of Richard Chia Kok Hong, 53, a car salesman accused of murdering a family of three. He is denying all charges.

The case involves the brutal killing of Maul bin Jambu, 44, a Royal Brunei Airlines mechanic, his 37-year-old schoolteacher wife, Seniwati binte Untong, and their adopted daughter Neena Asmira, aged 2, on the night of December 15, 2004 or early next morning at a bungalow in Serusop, in the capital's suburb.

The child was smothered to death with a pillow while the two were mercilessly beaten to death.

Mr McDonald was produced in court by the defence.

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The Prosecution is basing their charge on Richard's DNA found on the two victims and blood found in his wife's car and to prove their case they produced three overseas experts, Mr Andrew Parry from the UK, Ms Cheong Poh-Yee and Ms Ang Hwee Chen both from Singapore previously.

The Brunei government pathologist, Mr Telesinghe, also testified. But their expert testimonies were challenged in court when Mr Siva Sankaran, defending, examined Mr McDonald.

He said the amount of DNA tested was below the threshold for the quantisation system used in the tab.

The Prosecution had adduced evidence indicating that Richard was driving his wife's car at the time of the crime and bloodstains belonging to Maul and Seniwati were found in it.

Richard has denied using his wife's car that night. Mr McDonald contented that clearly the crime scene had large amounts of the deceased woman's blood, which could readily be transferred from anyone attending the scene of the murders and subsequently examining the car.

A number of persons could fit these activities and it appears at least some person or persons from the investigation team have had contact with blood and or items with blood on them at the scene.

All conclusions regarding the DNA in this matter which has the effect of implicating Richard relies absolutely on the correct collection, handling, storage and testing of the fingernail items and items collected from the car, the expert testified.

Should the integrity of any of the proper steps be in doubt then any conclusions are also in doubt; he declared in court.

The unexplained change in the integrity of the fingernail scrapings together with unsealed, accessible envelopes and inconsistencies with regards to the DNA testing provide opportunities and indications that errors may have occurred with these items.

It is surprising that the fingernail samples were not sent to Singapore at the same time as the reference samples from the deceased and the glove and car samples were sent on December 30, 2004, Mr McDonald stated.

The results of testing the car would also be completely explained by an inadvertent transfer by crime scene investigators. At least some of whom appear to have become contaminated and transferred blood and possibly other DNA material in or around the crime scene. This transfer may also have been away from the crime scene particularly if they were unaware of the presence of the blood or other material adhering to them or their clothes, he added.

Given the minute amounts of material required to produce the results obtained by the labs, there exists a real possibility of contamination given the evidence in this case, the expert witness told Chief Justice Dato Mohd Saied and Justice Dato Steven Chong.

Prosecution is led by Deputy Public Prosecutor Haji Yusree and assisted by DPP Pengiran Nina Jasmine. Awang Yusof Halim and Siva Sankaran are defending. Hearing continues.   -- Courtesy of Borneo Bulletin

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