KOTA KINABALU: A government chemist told the Sessions Court here yesterday at the trial of Riduan Masmud who is charged with raping a minor that the accused’s DNA was found in the vaginal swab taken from the alleged victim.
Rina Md Nawi @ Rizak told court judge Ummu Kalthom Abdul Samad that Riduan’s DNA was also found in the semen stains found on the car seat cover and two handkerchiefs that were tendered as the prosecution’s exhibits.
Riduan, 41, who is defended by Loretto Padua Jr, is accused of raping a 13-year-old girl whom he later married, inside a car by the roadside near the Kionsom waterfall in Inanam at about 10am on February 18 this year.
The offence is classified as statutory rape as the alleged victim is under 16 years old under Section 376 (1) of the Penal Code which is punishable by a jail term of up to 20 years and also liable to whipping, upon conviction.
Rina said, under examination-in-chief by Deputy Public Prosecutor Raja Zaizul Faridah Raja Zaharuddin, that she received the exhibits from the investigating officer of the case on May 29 this year.
She said she conducted a DNA analysis on the exhibits and handed them back to the police on June 21.
Rina, the fourth witness called by the prosecution, testified that the result of test on the high vaginal swab taken from the victim showed mixed DNA profiles, consistent with the DNA profiles on bloodstain samples of the accused and the victim.
To a question from Raja Zaizul, Rina said that the probability of having his or her DNA is higher if only one person has his or her DNA on that spot, and in this case, Rina explained that the car seat cover and the handkerchiefs only have his DNA.
“So the high vaginal swab is mix profiles of male and female sources, it means that two persons were involved, so the probability of that two persons having their DNAs on that spot might be lower than one person involved,” she further explained.
Rina also said that on the swab of the victim’s nail clippings only her (the victim) DNA profile was detected.
“Meanwhile, no DNA profile developed from two strands of hair with bulb as the root of the hair had already died,” Rina said, adding that, maybe the hair has reached the final stage of growth, so there would be no DNA on that root.
During cross-examination by Padua, Rina said other than the exhibits given by the police, DNA can also be extracted from saliva.
“For hair it depends on the growth of the hair which on the final stage of the hair growth, it will cause the cell on the hair root to die,” said Rina.
Rina agreed with Padua that three bloodstain samples were taken for the DNA analysis.
To a question from Padua, Rina said that she did not know how these exhibits were taken because as a scientific officer, her job is only to do DNA analysis and to prepare the result of her analysis.
Padua: “Do you agree with me if I put it to you that the high vaginal swab smudged with liquid of the victim and on the same swab smudged with the accused’s liquid or semen, that the result will be same from what you stated in your report?”
Rina: “I agree”.
On May 7 this year, the accused told the same court that he would marry the girl.
He said from the dock that he would be marrying the victim soon pending his applications for polygamy and marrying an underage girl (the victim) at the Syariah Court.
The prosecution at that time informed the court that the victim had decided to withdraw her police report against the accused and the prosecution applied for an adjournment of the case pending the outcome of the Syariah Court.
Then on May 20 this year, Padua had informed that his client and the victim were legally married.
Counsel Mary Lee held a watching brief for Sabah Women Action Resource Group (SAWO), Women’s Centre for Change, Penang (WCC Penang), Sisters in Islam and Mama Anne of Bukit Harapan, counsel Mary Florence Gomez for Voice of Children Malaysia while Datuk Mariati Robert was a watching brief counsel for Sabah Law Association and Befrienders KK.
The trial resumes today.