No swabs taken from accused, 107th witness tells court

KOTA KINABALU: The High Court here yesterday was told that no swabs were taken from accused allegedly linked to the Lahad Datu intrusion two years ago.

Former forensic lab officer ACP Shaikh Abdul Adzis Sh Abdullah told Justice Stephen Chung that he never took any swabs from the accused who were arrested throughout Ops Daulat.

To a question under crossexamination by Philippines Government-assigned counsel Datuk N. Sivananthan, the 107th witness testified that he also did not conduct any crime scene investigation during Ops Daulat as he was not allowed to enter to the skirmish areas due to safety reason.

Sivananthan: Do you agree that when the Chemistry Department analyzed the swabs and/or samples, they would either produce positive or negative results?

Witness: Yes, based on my experience.

Sivananthan: So, a report produced by the department would either conclude with positive or negative result?

Witness: Yes from my experience.

Sivananthan: Do you agree that if the samples taken appeared to be positive for DNA or Gun Shot Residue (GSR) analysis, if subsequently they did not match the DNA profiles of the suspects arrested, it could show that the suspects did not handle the items that were investigated? Witness: Yes. Sivananthan: So in other hand, the report from the department in respect of samples on the items concerned in this case is quite important one way or the other? Witness: Yes. Meanwhile, under re-cross examination by deputy public prosecutor Mohd Dusuki Mokhtar, the witness also said that even though samples appeared to be positive for DNA and GSR analysis but it did not match the DNA profile of one individual that was arrested, it did not mean that that person did not handle the items.

The witness explained that it could be that person or suspect wore gloves while handling the items.

The witness was giving his oral testimony in the trial of 30 accused persons, including one woman and a nephew of the late self-styled Sulu sultanate III, Datu Amirbahar Hushin Kiram, who faced various charges of committing terrorism acts.

They were apprehended during separate operations throughout Ops Sulu (later known as Ops Daulat) at several places in Lahad Datu, Semporna, Kunak and Sandakan between February 12 and April 10, 2013.

Waging war against the King charge carries the mandatory death sentence while the other charges provide for an imprisonment for life and a fine, upon conviction.

The trial, held at a hall doubled as an open court at the Kepayan prisons here under tight security checks by police and prison personnel, will continue today.